If you are prosecuted for a federal crime in the San Antonio, Texas, area, making the correct choice in a criminal defense attorney is pivotal to the rest of your life. A criminal record and time behind bars can haunt someone for the rest of their lives. Not only does it have the potential to destroy your socio-economic status, but it could also lead to health problems and fatalities. Many prisoners have deteriorated in prisons at a mental and physical level.
The quality of healthcare in prisons is not always satisfactory. Many prison healthcare providers have been sued after cases of gross negligence and deliberate indifference were found in the care practices. For this reason, your life may truly be on the line when you enter a prison. Reducing or avoiding a prison sentence, especially if you suffer serious health problems, is critical.
The Benefits of Hiring a Skilled San Antonio Criminal Defense Attorney
Our law firm does not overlook the full spectrum of difficulties that defendants face. If you have serious health problems, we can bring these up to mitigate any potential sentence or to ensure accommodations. But in the first instance, our job is to examine the initiating documents.
The affidavit of probable cause, indictment, or criminal information are documents that must be filed to lay out the cause and nature of the charges. They must inform the accused with certainty of what acts he or she is being charged. Times, places, faces, and the specific statute all come into play. A formulaic recital of the statute itself is not sufficient to provide adequate notice if it is not clarified by a sworn affidavit.
These documents will be presented to you after your arrest to prepare for a hearing regarding the probable cause of your arrest that is held within 10 days of arrest. You will have 72 hours to bail out. Although you may be held in prison for up to 72 hours before you appear before a judge and receive a bail amount to pay for your release, this is usually in a special part of the jail or prison for new intakes.
If you have a skilled defense attorney, they can have some cases thrown out for a lack of probable cause. Although probable cause does not require that the government have evidence to present evidence to prove their case beyond every reasonable doubt, it does require a reasonable certainty that a crime did occur and that the defendant is responsible as charged.
If a defendant is merely placed at the scene of a crime or did some objectionable things that do not amount to crimes, this would be reason to have the case dismissed before trial. If you do not hire a skilled attorney, the prosecutor may try to strengthen their cases with make-weight issues like inflammatory remarks, gross speculation, digressive focus on what could have happened and the tragedy, and how you are just an all-round bad guy with a criminal record or what have you.
Cases that we have experience litigating:
- Computer hacking
- Computer sex crimes
- Public official corruption
- Identity theft
- Bank fraud/robbery
- Drug trafficking
- Gun smuggling
- Mail fraud
- Terroristic threats
- And many others …
In litigating these cases, it is paramount to obtain all the evidence. The prosecution may leave very large holes in their narrative that demonstrate an obvious lack of evidence preservation. For example, if they claim that there was a phone call but fail to produce the actual audio recordings for this chief progression in the case, you can cite a failure to preserve key evidence with an obvious exculpatory value. This evidence may have some element that proves innocence such as in sex sting cases where the undercover agent clearly uses a woman’s voice, and the defendant allegedly thinks it is an underage girl.
These types of evidence violations are serious. When the prosecutor can be shown to have a total disregard for the fairness of trial and acts in an egregious manner, this makes matters even worse. In San Antonio, jurors can be fair when presented with an alternative to convicting you that is reasonable and compelling. The prosecutors can pull every trick in the book to manipulate evidence that makes it impossible for you to prove what happened at a police interrogation, for example, because they deleted the video footage and use a hearsay narrative instead.
Whatever the case may be, our team will be sure to file pre-trial motions that preserve your issues for appeal after you are formerly arraigned. Then, you will prepare for trial if we don’t force a fair plea bargain. In any case, we will work hard to ensure your rights and the best outcome possible as if our own sons were being prosecuted.