I often speak with witnesses and victims. The statements they give me are often very different from the statements they give police. In such cases, particularly in assault and family violence cases, an affidavit of non-prosecution from the alleged victim can help. If you have a protective order against you, then don't try to contact the alleged victim yourself. Let me do that. They may be willing to sign an affidavit of non-prosecution or possibly an affidavit of fact that can help get the charges reduced or dropped. 

My #1 goal is always a dismissal. But that's not possible in every case. Each case requires its own strategy. For example, in an assault case, the alleged victim will sometimes admit that they lied to the police, or they didn't tell the police that they were the first to throw a punch. In situations like this, our strategy may be to record the conversation with the alleged victim or have them sign an affidavit that includes an admission that they lied to the police. Depending on the circumstances (who the prosecutor is, the other facts of the case, the seriousness of the potential punishment, etc.) we may choose to not disclose that information to the prosecutor. And instead, we may reveal that information at trial, blindsiding the government if they didn't properly investigate the case. 

Other times, we may want to reveal this information to the prosecutor if it will help get the case dismissed or the charges reduced. 

Each case is different and each case requires its own unique strategy. With a skilled criminal defense lawyer, strategy can win your case. If you want to get together and strategize, call or text me at 817--371-3250 for a free confidential consultation. 

Offers from the prosecutor are usually based on three things:

1. The Defendant 
2. The Defense Attorney
3. The Victim

They can be based on other things like the politics of the case, public interest, or pressure from the police or higher ups in the district attorney's office, but usually it comes down to those three things. 

First, the Defendant. That's you, or the person charged with the crime. If a defendant has a lot of criminal history, prosecutors tend to not give the best offers. But even if you have criminal history, there are things you can do to get a better offer. For example: go to rehab; attend AA or NA meetings; get letters from employers or prominent members of the community; pass drug tests; pass a polygraph; complete an anger management class. There are many other things that you can do to get a better offer. If you want to know what to do to help your case, contact me 817--371-3250

Second, the Defense Attorney plays a crucial role in getting the best offer. You need a criminal defense lawyer who is willing to fight. Most of them just take the easy route and avoid trials. Prosecutors know these attorneys, and they don't give them the best offers.  A defense attorney can also file motions, use the threat of trial, file subpoenas, request evidentiary hearings, and other tools that make the prosecutor want the case to go away. When a prosecutor wants a case to go away, they tend to make pretty good offers. 

Last but not least, the victim often plays a role in the prosecutor's offer. If the victim is constantly calling the prosecutor to complain, or to check the status of the case, it can be an issue. Sometimes this happens. And sometimes an alleged victim can have a vendetta, or just be flat out pissed. They say, "Hell hath no fury like a woman scorned". And that's true for criminal cases as well. Sometimes they want a pound of flesh. In those cases, it can be difficult to get the best offer. But there are ways around it. I won't reveal my secret sauce, but if you hire me, you get the best chance of a good outcome, even in cases where there's an angry or proactive victim. 

I don't know what it is, but sometimes I just know a case will be dismissed. Sometimes I call it beforehand. You can check my reviews and see some of the clients who got their cases dismissed. Dismissals usually take a long time, (many court dates), and they require a lot of work. You and I both will have to keep showing up to court and I will have to stay steadfast in my belief in the case when I'm talking to the prosecutor. Sometimes they happen on the verge of trial. 

But sometimes they don't happen. And it's not something I can force. I can't just snap my fingers and make a case go away. It's the State of Texas versus the Defendant, it isn't Wade Sparks versus the Defendant. It's the State's case. They have to decide to dismiss. That's why dismissals can never be guaranteed. But with a top rated criminal defense lawyer, dismissals can happen more often. That's one of the man reasons you should hire me. 

Every person charged with a crime has a right to a trial. A criminal trial has two phases: First, the guilt or innocence phase. And second, the punishment phase. If we win the first phase and get a not guilty, then we don't go to the punishment phase. 

After I look at the evidence, I'll give you an honest opinion of what I think our chances our at trial, but the choice is yours. And you get to choose whether you want to have a jury trial, or a bench trial in front of a judge. Sometimes juries are better, and sometimes judges are better, it just depends on the circumstances. Sometimes we may want to go to the jury for the guilt or innocence phase, and go to the judge for the punishment phase. Or vice versa. 

Trials are more expensive because it requires more work. And it could be anywhere from one day to several weeks in the courtroom. I often bring one of my trusted attorney friends with experience to try cases with me. It's always good to have an extra set of eyes. 

The trial begins with jury selection, which the case is often lost or won during jury selection. There's an art to it. You definitely want an experienced attorney who takes this part of the trial seriously. 

Next comes Opening Statements. This is another part where the case can be won or lost. It's the chance to tell the jury what our theory of the case is, and to tell them what the evidence will show. There is definitely an art to this part, and you want to go to trial only if you have an attorney you can trust to make an effective opening statement. 

The next part is witness testimony. The government will get to put their witnesses on first, and we will get to cross examine them. A cross examination is a crucial part of trial. It can reveal biases from the witnesses, holes in the case, problems with the evidence, and reveal a witnesses lack of credibility. 

After the government's case, we will get to call our own witnesses. We're not required to call any witnesses. Sometimes we won't call any. But sometimes a witness can be crucial to our case, and we will want to call them. The prosecutors will have an opportunity to cross examine them. 

The final part of trial is Closing Arguments. This is the last time we get to speak to the jury. This is when we summarize the case, and connect the dots for the jury. At this point we can let them know what we believe the case was all about.  

After closing arguments, the jury or the judge will deliberate. Sometimes deliberation can take hours or days. At this point, we've done everything we can. All we can do is wait and pray for a not guilty. 

If the verdict comes back not guilty, we all go home happy. It's over and you're free! If it's a guilty verdict, then we proceed to the punishment phase. 

The punishment phase is where we can present character witnesses. And a defendant can give a statement. The victim can also give a statement. And the prosecutor can bring up a defendant's past criminal history. If we get to this point, hopefully we've done some things to show why a defendant deserves a lighter sentence. These things can include AA or NA meetings, anger management courses, rehab, passed drug tests, etc. 

After a trial, a defendant has the right to appeal. You need a skilled attorney to object to issues during trial so that they can be preserved for appeal. If your lawyer doesn't object, then the issues are waived for appeal. That's why it pays to have a skilled criminal defense attorney.