Glossary of Texas Criminal Defense Terms

Acquittal

At the law firm of David Cook, we will help you determine if your case should be one of the few criminal cases that actually go to trial. Since trials are generally costly, time consuming, and involve some amount of risk, the decision to go to trial should never be taken lightly.

But rest assured, once that decision has been made, our office will work vigorously in your defense, and make every effort to achieve that ultimate goal.

Also, an extra bonus after a “not guilty” verdict is that your case is immediately eligible for expunction in most cases, with no waiting periods or filing fees that might otherwise be required.

Let our firm help evaluate your case and determine if an acquittal after trial is a reasonable goal for your case.

Deferred Adjudication

If the prosecutor won’t agree to dismiss a case, Mr. Cook doesn’t stop there. He will look for alternatives that can still result in avoiding conviction such as deferred adjudication probation. This means that a plea of “no contest” or “guilty” is entered on the drug charge, but that the Judge holds off on a finding of guilt (i.e. conviction) and instead places the person on a probation for short or long time. If the probation time ends, and the person has done everything required and stayed out of more trouble, the case is dismissed.

The benefits of deferred adjudication include avoiding a conviction, and in many drug cases, eligibility for an order of nondisclosure, which can seal any record of the arrest and charge from many potential employers and the public in general.

A conviction means a judge has entered a finding of guilt, and that conviction is permanent. Convictions cannot be expunged, sealed, non-disclosed, or otherwise removed without some sort of extraordinary legal relief, such as a pardon. A drug conviction will also lead to a mandatory drivers license suspension.

Trial

But rest assured, once that decision has been made, our office will work vigorously in your defense, and make every effort to achieve that ultimate goal.

Also, an extra bonus after a “not guilty” verdict is that your case is immediately eligible for expunction in most cases, with no waiting periods or filing fees that might otherwise be required.

Let our firm help evaluate your case and determine if an acquittal after trial is a reasonable goal for your case.

Dismissal

In many theft cases, a conviction can be avoided through negotiation. Since 1995 Mr. Cook has convinced many prosecutors to dismiss his clients’ theft cases for numerous reasons. When you contact our office, we can discuss the facts of your case and see if your case might be eligible for a negotiated dismissal.

Besides avoiding conviction, the other major benefit of an outright dismissal is that you are usually eligible to have your record completely cleaned, or expunged. The law firm of David Cook will also help you with record cleaning once you are eligible.

Crime of Moral Turpitude

Generally, a crime of moral turpitude refers to certain actions deemed “super-nasty” and includes crimes involving dishonesty, deceitfulness, or untruthfulness. Someone who has been convicted of a crime of moral turpitude is often denied certain rights and privileges and may be treated in much the same way as someone that has been convicted of a felony.

Definitions

These definitions are summarized, and don’t cover EVERY possible legal definition:

Assault: any non-consensual offensive contact (if you touch me in a way I don’t like – you’ve basically assaulted me)

Bodily Injury: physical pain, illness, or any impairment of physical condition (if I feel any pain – I’ve suffered bodily injury)

Family Member: Someone you dated or used to date, or are closely related to or married to, or used to be married to, or you just had a kid with (If you’ve ever lived with them or ever thought about living with them -they’re probably “family”)

Conviction: A judge has entered a finding of guilt, and that conviction is permanent. Convictions cannot be expunged, sealed, non-disclosed, or otherwise removed without some sort of extraordinary legal relief, such as a pardon.

Felony Assaults

Felony assault charges can also be filed when there are aggravating factors such as: deadly weapon, serious bodily injury, prior family assault conviction, peace officer victim, child victim, or elderly victim. Felony charges are of course much more serious, and therefore the need for experienced legal representation is even greater.

Assault Defenses

These defenses are summarized, and don’t cover EVERY possible legal defense:

Consent: if the victim agreed, as in a boxing match, he can’t claim you assaulted him

Self-Defense: if you were acting reasonably in response to the victim’s physical provocation (more than just verbal provocation required) you can use reasonable force

Defense of Others: if you were acting reasonably in response to the victim’s physical provocation of a third party, you can also use reasonable force to defend them

Protection of Property: (this is Texas after all) if someone trespasses on your property, you can throw them off using reasonable force.

Options for Family Violence Assault Cases

Negotiated Dismissal or Reduction -

In some Tarrant County family violence cases, if the victim is willing to attend an “Alternatives” class (click here for more info) and sign an “Affidavit of Non-Prosecution” the State might agree to a conditional dismissal or reduction of a family violence charge. Usually a mandatory condition in this situation would be a 20 hour Batterer’s class. In some cases, an record expunction would be possible but a usually with a waiting period.

Pre-Trial Diversion Program -

This is another Tarrant County program available for some family violence cases that will result in a dismissal of the charge upon successful completion. The course is a year and involves several conditions, but no formal probation. Also, once completed, you can apply to expunge your record, although not immediately.

Deferred Adjudication -

This means that a plea of “no contest” or “guilty” is entered on the assault charge, but that the Judge holds off on a finding of guilt (i.e. conviction) and instead places the person on a probation for short or long time. If the probation time ends, and the person has done everything required and stayed out of more trouble, the case is dismissed. The benefits of deferred adjudication include avoiding a conviction, but domestic assaults are NOT eligible for an order of nondisclosure.

Trial -

If a criminal case does not go away by agreement, or procedure, or any other way, eventually it will be set for trial, and resolved one way or another. When that happens, an acquittal, or finding of “not guilty” is the ultimate goal. Once a case is set for trial, our office will work vigorously in your defense, and make every effort to achieve that ultimate goal. Also, an extra bonus after a “not guilty” verdict is that your case is immediately eligible for expunction in most cases, with no waiting periods or filing fees that might otherwise be required.

Options for Assault Cases

Negotiated Dismissal or Reduction -

In some Tarrant County assault cases, if the victim is willing to sign an “Affidavit of Non-Prosecution” the State might agree to a conditional dismissal or reduction of an assault charge. Sometimes a condition for dismissal would be completion of an Anger Control class. In some cases, an record expunction would be possible but a usually with a waiting period.

Deferred Adjudication -

This means that a plea of “no contest” or “guilty” is entered on the assault charge, but that the Judge holds off on a finding of guilt (i.e. conviction) and instead places the person on a probation for short or long time. If the probation time ends, and the person has done everything required and stayed out of more trouble, the case is dismissed. The benefits of deferred adjudication include avoiding a conviction, and in many non-family assault cases, eligibility for an order of nondisclosure, which can seal any record of the arrest and charge from many potential employers and the public in general.

Trial -