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Frequently Asked Questions


I have not been arrested, but I received word that the police want to talk to me about something that happened. I want to know what to tell them.
Unfortunately, no two situations are identical. Thus, you should contact a lawyer immediately to discuss in confidence the facts of your particular difficulty. Studies show that people who get to a lawyer very early in the process generally come out best in the legal system.My child is being accused of a crime, and now the police want to talk to me.

Do I have a right to silence for my child's sake?
No. Our law does not recognize a parent / child communication privilege. In fact, failing to cooperate could lead to serious legal problems for a parent. Therefore, a parent faced with such a situation is well advised to get their child to a lawyer at the earliest opportunity as the child may only consult with a lawyer in confidence.

What is the proper role of a parent, a spouse, a family member or close friend when their loved one is being accused of a crime.
The proper role is one of unconditional love and support. The accusation, what happens in the legal process, and even what is said between the attorney and client, should be strictly 'off limits' in any discussions or communications.

If I'm accused of a crime in Texas, will I be jailed before I've gone to court?
Yes. Officers have the ability to arrest and jail suspects when there is probable cause to believe the suspect may have engaged in crime.

What is bail?
'Bail' is a means of release from jail pending the outcome of a case. Under the bail system, 'bail' refers to the security given by the accused assuring the accused will appear and answer before the proper court.

What is a 'bail bond'?
A 'bail bond' is a written undertaking by an accused and his sureties for the release of the accused from jail. This release is only pending the appearance of the accused before some court to appear and answer because it may take months or even years for a case to come to trial or for an appeal to be decided A bail bond may be posted with the authorities in cash, by a bondsman, or in some cases, by a lawyer.

What is a 'Pre-Trial Bond', or 'Personal Bond'?

These are public bail bonds available to certain low risk offenders and generally come at a real savings to what bail bondsman or bonding company might charge.

Can being present at the scene of a crime make you guilty?
In most states, juries are instructed that merely being present at the scene of a crime, even with guilty knowledge that a crime is being committed, isn?t enough to convict a person of a crime.
But there are principles of criminal liability that apply to people other than the actual perpetrator of a crime. For example, under federal law there is a crime called ?misprision? of a felony, which applies to a person who has actual knowledge of the commission of a felony and doesn?t report it to the authorities.

Also, a person can be held criminally liable as an ?accessory after the fact? if she has knowledge that a crime was committed and assists the offender to hinder his apprehension, trial or punishment. You can also be guilty of aiding and abetting a crime if you help another person in committing the crime, with knowledge of the criminal nature of the act they?re committing.

Additionally, a person who agrees with another person to commit a crime, after which the other person commits a criminal act to further their agreement, may be guilty of conspiracy.

But merely witnessing a crime, without any participation in it and without providing assistance, isn?t a crime.


I was involved in a hit and run accident but left the scene. Do I need an attorney to go to court with me?
Leaving the scene of an accident (hit and run) is a serious offense. In many states, it carries enough points to result in a revocation of your driving privileges. It also carries a possible fine and jail sentence.
Even if you settle the issue of damages with the other person involved, you?ll still have to answer to the criminal charges. The fact that you accepted financial responsibility will be a factor the judge will consider in imposing punishment, but it won?t affect the issue of guilt to the criminal charge.

You should seek legal advice right away. A criminal defense attorney in your town can tell you what action is best to take, and whether you should have an attorney accompany you to court to speak for you and attempt a favorable resolution of the case for you.

I was the victim of a hit and run. I located the offending vehicle and owner. What should I do to pursue this?
If you?re the victim of a hit and run accident, you should immediately report the accident to the police, and advise them that the driver left the scene without providing you with identification and insurance information. Ask the police to fill out a report. The report will likely be assigned a case number either immediately or within a few days.
You should also call the claims department of your insurance company as soon as possible. The company will start a claim file, and explain to you the procedures for getting your car repaired. In the case of a hit and run, or uninsured motorist, the insurance company should pay for your vehicle repairs.

If you later discover the identity of the hit and run driver, you should provide the information both to the police department (making sure to give them the number of your police report) and to your insurance company,

The police department will investigate the matter and relay their findings to the local prosecutor, who?ll decide whether to file criminal charges. Your insurance company will likely seek financial reimbursement for the amount it paid to you from the hit and run driver.

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