Frequently Asked Questions

Houston Criminal Defense Attorney

Do I need a criminal defense attorney if I'm accused of a crime?

It's always best to consult with a criminal defense attorney if you think you will be facing criminal charges. Even if you feel you have been wrongfully accused, an attorney who focuses on criminal defense will have the most knowledge, skill, and resources in defending you. You want a criminal defense lawyer familiar with the alleged crime and the courts and laws of the geographical area where you were charged or arrested. Such an attorney will fight for your rights and will oversee the proceedings to ensure that you are treated legally and fairly.

What's the difference between a felony and a misdemeanor?

A felony is a more serious crime than a misdemeanor. The federal government defines a felony as a crime that is punishable by death or imprisonment for more than a year. If a crime is punishable by one year or less it is a misdemeanor. Felonies are either violent or non-violent physical, property, or drug offenses, such as aggravated assault and battery, arson, murder, rape, grand theft, burglary, and illegal drug use or sales. Some offenses may be felonies or misdemeanors, depending on the circumstances.  An example of this would be the illegal possession of drugs with intent to sell the drugs, which would be a felony, compared to possessing small amounts of drugs for personal use, which is usually charged as a misdemeanor.

If I'm arrested by the police, what should I do?

You should immediately ask to call a criminal defense attorney. It's best not to speak to the police without an attorney present. Even if you are not connected to the crime for which you've been arrested in any way, you should have a criminal defense lawyer overseeing the police interview.

What's the difference between probation and parole?

Probation is part of a sentence handed down from the court that allows someone to stay outside of prison as long as he complies with the probation conditions. Typical probation conditions are regularly attending meetings with a probation officer, refraining from drugs or alcohol, and not committing any further crimes. The probation conditions also might include having a curfew and not being allowed to drive. If the probation is violated, the person may be sent to jail.

Parole is the early release of a person who is already in prison. If a person does well in prison and an early release is not contested, a parole board may allow the person to be released before his term is over. He may be bound by conditions similar to those for someone on probation.

For further questions about criminal defense, call Houston criminal defense attorney Gary S. Miller at (800) 747-1219 or (713) 866-6233 or contact him online today!