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Plea Bargaining Archives | Law Office of Terrence Marsh

Category Archive for "Plea Bargaining"

What is a Criminal Confession in Texas

What is a Criminal Confession in Texas?

Attorney Marsh

In Texas, as in other states, a criminal confession is a formal acknowledgment of guilt during a criminal investigation. This all goes back to your 5th Amendment Right to Remain Silent. When someone is suspected of committing a crime, police will begin their investigation. The investigation may start with police making direct contact with the person accused. Before, during, or after that first contact, police gather evidence to build their case against the person accused. If the person accused makes any statements to the police, they may be considered admissions instead of confessions. Under Texas law, confessions must be recorded by video/audio…

Length of Probation and Early Termination

Length of Probation and Early Termination

Attorney Marsh

I know that I’ve written over and over about the role of plea bargains and probation in the criminal justice system. One post that sums it up nicely is 3 Ways Your Criminal Case Can End. Plea bargaining and probation often go hand in hand in a criminal case. It’s important to know that there are 2 Types of Probation in Texas. In this post, I’m only focusing on Straight Probation, NOT Deferred Adjudication. Just because you were put on probation for a period of years, doesn’t mean that you can’t ask the Court to terminate your probation early. The length…

Should I Take a Plea Bargain

Should I Take a Plea Bargain? Part 2

Attorney Marsh

This post is important. It’s a follow up to my first post on Should I Take a Plea Bargain? In that post I talked about a few considerations when you decided whether or not to take a plea. So here we are in Should I Take a Plea Bargain? Part 2. Taking a plea deal is a very important life decision. Ultimately, the decision is yours alone. I don’t make plea decisions for my clients. I can only advise them about the positives and negatives of taking a plea deal. I want what’s best for my clients. Depending on your case,…

Probation Revocation in Texas

Probation Revocation in Texas

Attorney Marsh

The vast majority of criminal cases end with someone being put on some type of probation in Texas. This post is a quick summary of Probation Revocation in Texas. To find out more, go to my Probation Revocation Hearings Page. In Texas, probation is technically called Community Supervision. In a previous post I wrote about the difference between Deferred Adjudication Probation vs. Straight Probation. The difference between the two is very important. You should talk to your lawyer about the differences so that you know what you’re agreeing to and the positives/negatives of your choice. At the beginning of your case,…

Smartphone mit Kette und Schloss

Can Police Search Your Cell Phone in Texas?

This problem comes up more in older cases than new ones. Cell phones have become more and more important in our lives as time has gone on. Remember – ALWAYS, ALWAYS, ALWAYS KEEP A PASSWORD ON YOUR PHONE. We’ve come a long way since flip phones and phones without text messaging. The reason why, is that in June of 2014 the United States Supreme Court ruled that cell phones deserve the same constitutional privacy protections as other areas in our lives. The Fourth Amendment protects us from unreasonable searches and seizures by police. If you read the post on Search Warrant…

Fourth Amendment Exceptions – Administrative Searches

Fourth Amendment Exceptions – Administrative Searches

This is the fourth part in my series on Fourth Amendment Exceptions. The Fourth Amendment is our U.S. Constitutional protection against police searches and seizures. Normally a search or seizure has to be done with a warrant under the Fourth Amendment. The exceptions to the Fourth Amendment are situations where the warrant requirement is legally excused. The first three exceptions I listed were: Exigency or Exigent Circumstances (An immediate need to search) Search Incident to Arrest (A search of you and the area after you’ve been arrested) Consent (Where you give the officer permission to search or take something). Now…

Justice of the Peace Court in Texas

Justice of the Peace Court in Texas

When it comes to criminal cases, your case may be assigned to a Justice of the Peace Court, Municipal Court, County Court, or District Court. A Justice of the Peace Court in Texas and a Municipal Court for example (City of Austin, City of Round Rock, City of Georgetown) handle the same level of criminal charges. The level of criminal charges are Class C misdemeanors and they are the lowest level criminal charge in Texas. Justice of the Peace Court in Texas In Texas, the counties are broken up into sections. These sections are called Precincts. The Justice of the…

Williamson County Courthouse

The Williamson County Courthouse Pt 1

As time goes on, it seems like Williamson County, Texas has an ever growing reputation. I’ve heard many of my clients joke “come on vacation, leave on probation.” While that may be true for some, it depends on what time activities you’re getting involved in on the weekends. Let’s be blunt, no one likes crime in their community. If you’ve been arrested, and taken to the Wilco Jail, you’re eventually going to end up at the the Williamson County Courthouse. Not only that but, if you have a Will to probate, a family law issue, or other legal problem, in…

3 Ways Your Criminal Case Can End

3 Ways Your Criminal Case Can End

The reason behind this blog post, like so many others, is to demystify the criminal defense process in Texas. I think that many of my clients come into my office with some false ideas about how their cases will end. As I’ve said before, I like to let my clients know what to expect right off the bat. I don’t like surprises and I’m sure that you don’t either. This is especially true when it affects the rest of your life. Knowing what your options are in a criminal case, and from your lawyer, can help you make the best…

When Is an “Arrest” Not an Arrest?

Most people think that they’re arrested only when the silver bracelets are put around their wrists. In Texas, that’s not so. One of the things I look closely at, when I receive your criminal discovery, is when the police legally “arrested” you. You have Constitutional protections when it comes to arrests and searches. Depending on the series of events, what can start off as harmless questions from police can turn into your full blown arrest. The timing of the arrest can affect the outcome of your case. This is especially true during plea bargaining or trying to get your case…