The answer to this question depends on several factors, including the complexity of your case, the seriousness of the criminal charges, and the events leading up to your arrest. I am committed to providing all my clients with the best possible representation at the most reasonable cost.
Drug possession, drug trafficking, and drug manufacturing are all serious crimes that can be prosecuted under both state and federal law. In general, the penalties for federal drug convictions are much harsher than state fines and sentences. Federal sentencing guidelines impose longer prison terms on convicted persons. Drug charges can always be prosecuted as federal crimes any time an accused crosses state lines. Additionally, certain quantities of drugs can propel charges into the federal arena. You will also be charged under federal law if you are arrested by a federal law enforcement official.
The US Constitution protects all citizens from unreasonable searches and, in most cases, law enforcement personnel are required to obtain a warrant before conducting a search. There are, however, exceptions to this rule. If officers have a good reason – known as “probable cause” – to believe that a vehicle contains an illegal item, such as drugs or weapons, they can conduct a search without a warrant and without the driver’s consent. There is, however, one important caveat: the police can only search in the area where they believe the items are located. Similarly, officers can make a warrantless search of a vehicle after they arrest its driver. They cannot, however, search the trunk.
Because Texas law imposes mandatory penalties simply for refusing a breathalyzer, there is no easy answer to this question. If you consent to a breath test and end up failing it, you automatically lose your license for 90 days. If, on the other hand, you outright refuse it, you are subject to an automatic 180-day suspension. Those with a previous DWI conviction who refuse a breathalyzer risk having their license suspended for up to two years. On the other hand, refusing the test deprives the prosecution of additional evidence that might prove your guilt at trial. Without a toxicology report showing you were over the legal limit, the state must rely solely on the officer’s observations. Whatever you decide, there are pros and cons to either approach.
In most cases, the fastest way to regain your freedom after an arrest is to post bond. In Texas, you can either post bond yourself, hire an attorney who writes bonds, or use the services of a professional bail bondsman. Because few people have the resources to come up with enough cash to pay the entire bail amount up front, they turn to a bail bondsman. The majority of bond companies charge around 10 percent of the total bail amount. If your bail is set at $10,000, this means you must pay the bondsman $1,000.