A misdemeanor is a lesser crime that has three separate classes that include no jail time, fines and jail time up to a year. A felony is far more serious and has five different classes that include much larger fines and sentences that include life in prison and even the death penalty. Please contact Mark Diaz & Associates to discuss your case.

Even if you did not do anything illegal and authorities have said you are not a suspect in a criminal case, you need to understand that there are several risks to speaking openly with law enforcement. You always have the right to remain silent and it is generally recommended that you not try to explain yourself until you have legal representation. Please contact Mark Diaz & Associates to discuss your case.

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Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602 (1966) was the United States Supreme Court case which led to the creation of Miranda rights that require police officers to inform alleged offenders of their rights to remain silent and have a lawyer present for any questioning as well as a court appointing a lawyer if a person cannot afford one and any statements a person making being used against them in a court of law. It does not apply to all cases. Please contact Mark Diaz & Associates to discuss your case.

The criminal process in Texas will usually involve booking, arraignment, bail, a preliminary hearing, trial, sentencing, penalties, and appeal. Please contact Mark Diaz & Associates to discuss the procedures further and to discuss your case.

It will usually be recommended that you retain legal counsel even when you are only facing misdemeanor charges. While a misdemeanor does not involve the same penalties as felony offenses, a conviction can still be incredibly damaging. You will want to be certain that you understand all of the consequences of a guilty plea and you may also want to try and fight the charges. Please contact Mark Diaz & Associates to discuss your case.

Pretrial diversion is an alternative to prosecution that allows alleged offenders to avoid being charged or, when charged, have charges dismissed. Please contact Mark Diaz & Associates to discuss your case and the legalities around pretrial diversion.

It is not impossible for a judge or jury in Texas to make a mistake, but fortunately the state does allow people to appeal decisions they disagree with. When you file an appeal, you can ask a higher court to review your criminal cases and possible make changes when there are errors in the handling of a criminal case. Please contact Mark Diaz & Associates to discuss your case.

The difference between these two terms generally relates to whether a conviction will be visible following court proceedings. When a person is placed on probation, it will usually be for a specific term and there will be complete records of a person’s criminal case. If a person receives deferred adjudication, then it may be possible for the alleged offender to have the record of the conviction hidden from the public. Please contact Mark Diaz & Associates to discuss your case.