Irving Criminal Defense Lawyer
Irving Criminal Defense Attorney
Criminal defense is an important component of the Texas justice system, as it provides an avenue for those who have been accused of criminal activity to defend themselves. Whether someone has been accused of a minor misdemeanor or a serious felony, everyone has the right to hire a defense lawyer and share their side of the story. If you are facing charges, it’s important to find a quality Irving criminal defense lawyer with a history of protecting defendants.
Get to Know Harris & Harris Law Group, PLLC
At Harris & Harris Law Group, PLLC, our attorneys have been serving clients throughout the Dallas area for over 12 years. Our legal team collectively exceeds 45 years of experience and approaches each case with that knowledge and wisdom.
Our defense attorneys were formerly prosecutors, and they understand how the State investigates crimes and builds its case for trial. This background allows us to give our clients realistic expectations, truthful answers, and reliable representation from the start of a criminal matter through its conclusion.
At Harris & Harris Law Group, PLLC, we are always standing by, ready to help our next client in need. We have years of experience handling a wide range of criminal defense cases, from DWI and drug offenses to more violent crimes. This experience has led us to become a highly recognized and trusted legal resource in the Irving community. If you are ready to start working on addressing your charges, connect with us today.
Irving, TX Crime Statistics
The city of Irving has a notably lower crime rate than other areas across the state. This data reinforces the common belief among tourists and residents alike that Irving is one of the safer larger cities in the state.
Keeping up with local crime trends can help you gain perspective if you are facing criminal charges in Irving. Irving has seen 6,370 total crimes in a recently reported year, based on NeighborhoodScout’s analysis of FBI crime data. This includes about 709 violent crimes and 5,661 property crimes. Irving’s overall crime rate is 24.68 annual crimes per 1,000 residents.
Those who live in the area will likely find these lower statistics encouraging. Those who have been accused of criminal activity in Irving and find themselves in the Irving City Jail may also find it encouraging that these are just the number of convicted cases, not the number of all cases brought to court.
Not all criminal accusations end up with a formal charge, as sometimes the prosecution’s evidence is not sufficient, the arrest was unlawful, or the charges are dropped at the prosecutor’s discretion. While everyone is presumed innocent until proven guilty, it’s important to work with your defense lawyer on the most relevant defense strategies to help prevent you from becoming another Irving crime statistic.
Common Defense Positions to Use in Irving
The more you understand the breadth of the criminal defense strategy available, the more informed and prepared you may feel. Because each case is unique, you need to collaborate with a trained attorney and share your story so they can help pinpoint which combination of defenses has the highest chance of yielding the results you’re looking for. Some of the most common defenses used include:
Lack of Evidence
One of the most important pieces of every criminal accusation is the quality of the evidence. It is up to the prosecution to provide this evidence, as it is their legal responsibility to prove the defendant committed the crime they are being accused of beyond a reasonable doubt. Without having this evidence, such as credible eyewitness testimony and video surveillance footage, the prosecution may have difficulty formally charge the defendant in question.
Unlawful Search and Seizure
Under the Fourth Amendment of the U.S. Constitution, individuals are explicitly protected against an unlawful search and seizure. This is when a police officer makes the decision to enter someone’s home or property and conduct an investigation without having first secured the necessary warrant to do so. When this happens, a defense lawyer can point out how their client was unlawfully searched and request that all evidence that was collected be suppressed and the case be dismissed.
Self-Defense
Another common defense position that could be applicable in your case is self-defense. This is when someone uses force against someone that they believe threatens either their safety or the safety of someone else around them. Texas recognizes self-defense as a valid defense, but only if there is evidence to prove that the defendant’s actions were proportionate to the level of threat they faced.
For example, someone is killed with a gun every two hours across Texas. If someone is threatening you with a gun, you have the right to advocate for yourself and prevent yourself from being hurt. If this has happened to you, work with your defense lawyer to support your story with clear evidence.
Mistaken Identity
Whenever a case heavily relies on an eyewitness account, the chances that a “mistaken identity” defense could apply to your case increase. This is because it becomes more likely that someone may misidentify a perpetrator for a number of reasons, such as poor visibility or trying to think clearly under the stress of a crime.
Your Irving Criminal Defense Lawyer may challenge the reliability of the witness’s memory to try and reduce the effectiveness of their story to help enforce this defense.
Entrapment
It is illegal for any law enforcement officer to force someone to commit a crime. This line becomes blurred in instances where an officer is undercover to investigate a situation or coerces someone to commit a crime after they repeatedly tried not to. For example, if an undercover officer keeps trying to sell drugs after a defendant has refused a number of times, there could be grounds for entrapment if the officer’s persistence is what caused the individual to finally cave.
Mental Incapacity or Insanity
Mental state defenses are another option on the table in some cases. This is where the defendant claims they were not able to form the necessary intent to commit a crime due to their mental illness. These conditions could also suggest that the individual was unable to realize the implications of their unlawful actions. With a number of Texas adults experiencing a mental condition each year, the plausibility of this defense has merit with proper medical evidence.
Alibi
One of the most effective defense strategies is to introduce an alibi. An alibi witness is someone who can attest to your whereabouts during the crime to help prove you were not capable of committing the crime. In addition to someone’s personal testimony of where you were, an alibi can be in other forms. For example, phone GPS data, receipts, time-stamped photos or videos, or even public transportation logs can serve as an alibi.
Some characteristics of a strong alibi include:
- Specificity: Your alibi should show clear details of the time and place of your whereabouts.
- Credibility: An alibi should come from a trusted source of information. If your alibi is a person, it should be clear that they have no motivation to lie.
- Corroboration: If your alibi is testimony from someone else, their account can be supported with physical evidence, such as receipts or surveillance footage.
- Consistency: Your alibi should match other facts and timelines that you have presented in your case.
An experienced Irving Criminal Defense Lawyer can provide invaluable, competent legal assistance with your case. Consider consulting a criminal defense attorney in Irving for your specific case.
How Criminal Charges Could Impact Immigration Status in Irving
No one wants to face criminal charges, but for Irving residents who are lawful permanent residents or visa holders working through the U.S. immigration process, consequences of a conviction could reach far beyond county or municipal court. It’s worth noting that Irving is among the most ethnically diverse communities throughout North Texas.
Because some convictions can trigger immigration consequences, it’s important for non-U.S. citizens to understand how a guilty plea or conviction may impact their ability to renew their visa, adjust immigration status, become a naturalized citizen, or even remain in the United States. Crimes that involve moral turpitude, certain controlled substance offenses, and some domestic violence offenses could carry federal immigration consequences.
Because immigration law is completely separate from Texas criminal law, decisions made throughout a criminal matter could impact both legal systems. That’s why it’s important for non-U.S. citizens to understand the potential consequences of their decisions early in the process and allow their legal counsel to address how their criminal case could impact their immigration status before entering plea negotiations or accepting a plea deal.
Most people think their criminal case doesn’t start until they’re sitting in front of a judge. It’s important to realize that law enforcement could have been investigating your situation for a considerable amount of time, long before prosecutors step in. During that time, detectives may have been talking to witnesses, reviewing security camera footage, analyzing electronic evidence, and obtaining search warrants.
It’s important to understand what happens during each stage of a criminal case, as it can help you make informed decisions about your case and prevent you from unknowingly doing something that could harm your case.
Hire a Criminal Defense Lawyer Before Speaking With Investigators
If you know you’re being investigated for a crime, one of the first decisions you’ll need to make is whether to hire a criminal defense lawyer before speaking with law enforcement. Legal counsel could protect your rights while evidence is being collected, and an attorney could prevent you from answering investigative questions without counsel present.
While the Fifth Amendment allows you to refuse to answer questions that could incriminate you, the Sixth Amendment provides additional protections once formal criminal proceedings have begun, such as the right to a speedy trial. Talking to your attorney about what happens during an investigation could prevent you from saying something that the prosecution could use as evidence against you in a trial.
In some cases, lawyers begin representing clients before the arrest happens. This allows attorneys to speak with police about the allegations, conduct a case evaluation, and explain the legal process to clients before their case proceeds through the criminal justice system.
The Legal Process
When you are charged with a crime, there is a legal process that follows. What happens during this process determines where you may be convicted, face other penalties, be acquitted, or have the charges dropped. At Harris & Harris Law Group, PLLC, we can assist you in this extensive legal process.
Phase One: Investigation & Case Evaluation
Every criminal case begins with a thorough investigation of the facts. Your attorney can discuss the allegations with you, identify possible witnesses, and begin preserving evidence that may become important later in the case.
Reviewing documents, identifying electronic communications, and photographing the scene are just some of the ways your attorney can protect your rights during the initial stages of your case. Because some types of evidence could be lost as time progresses, beginning the investigative process early could make the difference in building your defense.
Phase Two: Evidence Review
Once criminal charges are filed, the defense can begin reviewing discovery. While police reports are important, your attorney can analyze more than what’s included in the prosecutor’s initial filing. Cell phone records, video surveillance footage, digital communications, forensic testing, and even scientific evidence could become important pieces of evidence that your attorney reviews while building your defense.
Stage Three: Pretrial Planning
Not every criminal case goes to trial. During the pretrial phase of your case, your attorney can carefully review the strengths and weaknesses of the prosecution’s evidence. Your attorney can file legal motions while discussing possible resolutions with the prosecutor.
Based on the circumstances, your attorney may discuss ways to reduce the current charges, deferred adjudication (when applicable), diversion programs, or sentencing alternatives that may be available under Texas law. No two cases are identical, and we tailor our approach based on the evidence and circumstances surrounding a case.
Phase Four: Pretrial Preparation
While the majority of criminal matters are resolved prior to trial, every case should be prepared at the trial level. This means that the defense should organize its evidence, interview witnesses, prepare for cross-examinations, conduct legal research, and prepare to clearly present the defense to a jury.
Preparing for trial also helps defendants make well-informed decisions as they proceed through the plea negotiation process. Knowing the prosecution’s evidence and its shortcomings is a key advantage. Effective preparation is an important component of any criminal defense, even if the case does not end up going to trial.
Representing Defendants in Irving and Dallas County
Criminal cases in Irving can start with an arrest on or near State Highway 183, the President George Bush Turnpike (SH 161), Loop 12, or Interstate 635. Felony offenses are usually prosecuted in the Frank Crowley Courts Building located at 133 N. Riverfront Blvd., Dallas, TX 75207. Some misdemeanors and municipal cases may start in Irving Municipal Courts.
If your loved one is being accused of a crime after an arrest near Las Colinas, the Irving Mall, Toyota Music Factory, or anywhere else in Irving, they should know their rights under Texas criminal defense laws. By consulting with an Irving criminal defense attorney early on, they can understand the process and know what to expect.
FAQs About Irving, TX Criminal Defense Laws
What Is the Mistake of Fact Defense in Texas?
The mistake of fact defense in Texas is when someone commits an act under a false but reasonable belief about a situation. If their belief were true, then their actions would have been lawful. However, because they were not, they technically committed a crime. For example, if someone takes another individual’s property, genuinely believing it was their own. If there is no proof to suggest this wasn’t an honest or reasonable mistake, it could be a strong defense to take.
Can You Fight Back If Someone Hits You in Texas?
Under Texas law, you do have the right to use force to defend yourself if someone hits you, as long as your act is proportional to the threat you face. For instance, deadly force would only be justified in certain situations, such as when you reasonably believe it is necessary to prevent yourself or someone else from being killed. If you decide to continue to use force after the threat has ended, it could be more difficult to use this type of defense.
What Is the Most Common Argument of a Defense Attorney?
One of the most common arguments a defense attorney can make is when the prosecution is unable to meet its burden of proof. When this happens, it’s the easiest position to take, as Texas law requires prosecutors to prove a defendant’s guilt beyond a reasonable doubt. It’s an extremely high standard, making it a powerful area of focus for defense attorneys to scrutinize to try and have their client’s charges reduced or dropped entirely.
Can Police Arrest You Without Evidence in Irving?
Police in Irving are not able to arrest you without having some form of evidence or probable cause for doing so. Probable cause refers to a reasonable belief that the individual in question is guilty of a crime, whether that is through compelling witness testimony or video footage. However, just because you have been arrested does not automatically mean that a conviction is the next step. Work with a defense lawyer to combat the allegations against you.
Contact Harris & Harris Law Group, PLLC Today
If you have recently been arrested in Irving, Texas, and are looking to hire a quality Irving Criminal Defense Attorney to help, contact our firm today. We have already helped countless clients construct defense arguments specific to their case, and we would be honored to look more into the details of your case and help create a custom defense for you.
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