Felonies

In Texas, police conduct an investigation when someone calls 911 or they see you committing a crime. After they conduct an investigation, they put together a “packet” that is reviewed for errors and issues by the police. When they are finished, they send that packet to the Prosecutors Office. Usually located with the County District Attorney (DA). The DA assigns it for review by a prosecutor (an Assistant District Attorney or ADA) for “probable cause” that a crime occurred. If the the ADA and the evidence looks “serious” (usually violent, high amount of money, dance to the public at large) the DA will send the “packet” to the Grand Jury. The Grand Jury of typically 12 people will vote on whether the case is to be “True Billed” or “No Billed.” True Billed means an “Indictment” will be created and you will be facing Felony charges. No Billed means the case is dismissed (it goes away). There are five (5) types of Felonies in Texas and the punishment ranges from 6 months confinement to life or death depending on the severity.

Misdemeanors

In Texas, after the police have conducted an investigation, they put together a “packet” that is reviewed for errors and issues. When they are finished, they send that packet to the Prosecutors Office. Usually located with the County District Attorney (DA). The DA assigns it for review by a prosecutor (an Assistant District Attorney or ADA) for “probable cause” that a crime occurred. If the the ADA and the evidence looks like a "minor crime" it will not go to the Grand Jury, but directly to a County Court where, typically, a prosecutor with less than 4 years experience will look to resolve the case. Misdemeanor cases with a maximum penalty of a year in jail and $4,000 fine. There are thee (3) types of Misdemeanor Punishments in Texas.

Juvenile Crimes

When you child is facing charges, you need to hire someone who has experience in Juvenile Court with Juvenile Cases. Defending a juvenile case is not the same as it would be for an adult. Some differences are:

1. Your child, regardless of his or her age, will decide whether he or she wants to invoke their right to remain silent or speak with an attorney. Simply asking to talk to mom or dad will not work, unless mom or dad is an attorney.
2. There is no bail. Your child, if arrested, may be placed in a “Juvenile Justice Center” (a nice way to say a jail for children under age 17) and has to have a “hearing” to attempt to obtain their release. These hearings take place every ten (10) days and require the parents to attend.

To those who don’t deal with juvenile cases, and that includes a lot of criminal attorneys who only practice in “adult court,” the hearings, requirements, and process is extremely confusing. Juvenile cases are very “hands on” and time intensive for parents, child, and attorney. Further, the child is charged with “juvenile delinquency.” That could mean anything from disturbing the peace to attempted murder. The charges are investigated, psychological interviews are done (sometimes/ and usually without parent permission), intensive background checks are done on the parents, and a large probation department is making decisions on what type of “rehabilitation” your child requires.

This can include going back to his or her parents or being sent to “Youth Village,” “MEDLOCK”, or TJJD. In the event the crime is more serious or the child will reach eighteen (18) before rehabilitation can be completed, the child’s case can be taken to a Grand Jury and the child tried as an adult.

Talk to your children. If your child is accused of a crime or juvenile delinquency, teach him or her to say they want to speak to an attorney. And have an attorney available. We have extensive experience in criminal law and handling juvenile cases. We know what the difference is between treatment and punishment and investigates cases extremely thoroughly. Lastly, we will keep you and your child informed through the process.

DWI

When you have been drinking or have taken certain medication(s), and attempt to drive, you risk being arrested for Driving While Intoxicated (DWI). In Texas, the criminal code for Driving While Intoxicated is Texas Penal Code, Sec. 49.04. That section will tell you that a person commits an offense of DWI if the person is “intoxicated” while operating a motor vehicle in a public place.
There are three ways a prosecutor in Texas can prove you are intoxicated for purposes of a DWI. “Intoxicated” means: (1) not having the normal use of mental faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; (2) not having the normal use of physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (3) having an alcohol concentration of 0.08 or more. (See Sec. 49.01(2) of Texas Penal Code).
The minute you are pulled over by police, the “investigation” begins as to whether you will get a DWI. The officer will look for “clues” (such as bloodshot eyes, odor of alcoholic beverage, or slurred speech) and ask you if “you have had anything to drink.” If the answer is yes, pretty much regardless of the amount you may tell the officer, he or she will make a decision to ask you to get out of the car. If asked out of the car, you are going to be arrested. So do not cooperate. We have done hundreds of these cases. Call us immediately if you can if you are pulled over. If not, call us immediately after your arrest. We can arrange bond, talk you through the process and establish your rights and defenses.

Military Courts, Boards, and Trials

As experienced military criminal defense attorneys, we have seen just about every type of crime under the manual for Courts Martial. That includes defending your rights of Article 15 hearings, Boards (separation of misconduct), and trials. Allen Chandler was in charge of the Army's Criminal Appellate Division and the Army's Criminal Law Division. We know military law.

Military Claims

If you or a loved one has been injured and you think you have a claim against the government, you should call. We have extensive experience in military claims; including medical malpractice and vehicular accidents. Allen Chandler ran the Foreign Torts Claim Section at the US Army Claims Service at Fort Meade. He was also claims officer in Fort Carson and a by-name selected selected officer who created the 17-Nation Claims Office in Bosnia-Herzegovina and Croatia for the Implementation Force.