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Tag Archives: Criminal record

Do I really need to hire a criminal attorney?


Stylized arrest.

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Assault, DWI, theft, weapons charges? Do I really need to hire a criminal defense attorney to defend me or can I defend myself?

You do not have to hire a criminal attorney to defend you if you have been charged with a misdemeanor or felony — the better question is should you?  The bottom line is yes, you really should.  Sometimes, even when faced with a minor crime such as a traffic violation (class C misdemeanor) – the most important thing you need to consider is do you want this charge on your permanent record?

In today’s competitive job market it is difficult, to say the least, to secure employment even if you have a sterling reputation.  Almost all potential employers will tell you that even if you are lucky enough to make it as a candidate for the job, just one negative item on your background check can and most likely will eliminate you from being considered for the job.

If that is the case for just a class C misdemeanor, consider what implications a DWI or a felony charge will have on your record.  Every employer considers factors such as ethics and liability when hiring a new employee.  They may not be able to obtain insurance for you if you have a DWI or other charges on your record.  If an employer is ever sued and the complainant presents that an employee has a criminal record, it can result in the case being lost (even if the case is based on trumped-up allegations)  All of these factors will weigh against you during the hiring process, making your chances of obtaining a good job very slim.

So think carefully before you walk into a courtroom and face the judge alone.  Criminal defense attorneys that have been in business for a long time, such as Mark Morales & Associates, are in and out of these courtrooms daily.  They know the law, they know the process and they know how to win your case…. Do you?

You can call and get a completely free consultation before you make a decision that will effect the rest of your life.  You can also call and find out how to have a criminal charge removed (expunged) from your record if you or another attorney were unable to prove your innocence in a court of law.

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How Do I Get My Criminal Record Expunged?


 
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Posted by on July 26, 2011 in Expunctions

 

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Pre-Trial Intervention Program


Graffiti in Bucharest, July 2007.

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If you are a first-time offender with a misdemeanor offense in Williamson County, it is possible to have your case dismissed through the Pre-Trial Intervention Program.

The PTI Program is available for offenses such as:

  • Possession of Marijuana
  • Theft
  • Criminal Mischief
  • Driving While License Invalid
  • Assault
  • And other minor misdemeanor charges

The attorneys and staff at Mark Morales & Associates can assist you in the application process by answering any questions and assisting you with the required statements to help increase the possibility that you will
be accepted into the program.

The application includes basic information such s:

  • Name
  • Address
  • Employment Information
  • Education Information
  • Substance Abuse History

The application also requires two short statements:

  1. The applicant’s description of the offense.
    They must accept full responsibility for the misdemeanor offense.
  2. The applicant’s special interests and goals for the future.
    This is so that the county prosecutor and Williamson County Attorney’s office can determine how essential it is for you to get your case dismissed.

Once the application is completed and submitted, the prosecutor makes a determination as to whether or not he believes the applicant would be an appropriate candidate for the program.  If the prosecutor considers the applicant to be a strong candidate, an interview will be scheduled with the Williamson County Attorney’s
office
.  During the interview, the applicant should show remorse and reiterate their acceptance of the charges and take full responsibility for the offense.  At the time of the interview, the applicant must submit to a drug test to ensure compliance with the rules and terms of the program.  If the interview is successful and the applicant passes the drug test, he is admitted to the program pending a contract signing that outlines the rules and
conditions of the program.  It is not uncommon for the application process to take up to two months; the time may vary depending on how quickly the applicant completes the application and the amount of time it takes for the prosecutor to make a determination.

The program is for six months and includes the following requirements:

Successful completion of the program results in a dismissal of the case.  Once the case is dismissed, he is ultimately eligible to apply for an expunction.  Unfortunately, DWIs are not eligible for expunctions after the
successful completion of the Pre-Trial Intervention Program.  Failure to successfully complete any of the
requirements of the program results in a probationary offer that he is required to accept and will not result in a dismissal of the case.

 
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Posted by on July 19, 2011 in Uncategorized

 

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Employee Criminal Background Checks


Texas Department of Assistive and Rehabilitati...
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With the tough economic times, large quantities of people are being forced to seek new employment.  Frequently, this entails new employers running background checks to inquire about the potential employee’s criminal history.  Federal law permits employers to conduct this search.  Fortunately, some people are eligible to have their criminal records sealed or expunged depending on the outcome of the case.  If your record is sealed that means that potential employers outside of the government realm will not be able to see that you had a criminal charge against you.  In Texas, an expunction completely erases the criminal charge and you can legally under oath say that you were never arrested for an offense.  To find out if you are eligible for an expunction or an order of non-disclosure visit our website or join us Facebook and submit a free case consultation form.

 
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Posted by on July 12, 2011 in Is It Legal?

 

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Criminal Records: Expunged or Sealed?


State Seal of Texas

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Having a criminal record can be a huge obstacle when doing many things that most people take for granted. Most companies run background checks on all prospective employees so having a criminal record can prevent you from being hired for a job you may otherwise be perfect for. Depending on what type of case and disposition you received it is possible that a Texas attorney can help you expunge your criminal record.

Figuring out whether you can have your criminal record sealed or expunged can be a complicated issue and it is essential that you hire an attorney that is knowledgeable about the different methods of criminal record sealing. Depending on the results of your case; whether you were convicted, arrested, detained or if your case was dismissed – there are many factors to consider. Here are the two options available when it comes to having your criminal record sealed.

Expungement vs. Sealing

Most people believe that expunging and sealing criminal records have the same meaning, but there are a few differences. When a criminal record is sealed the court file is hidden from the general public but may still be available to certain government agencies and law enforcement. When a criminal record is expunged the criminal record is completely destroyed as if the crime never occurred. All of the records associated with the offense, such as the court records, arrest record and the criminal history are erased. Not every criminal offense can be expunged. The only circumstances in which you can get an expunction is if you were acquitted of the crime and found not guilty, or if your case was dismissed.

Expunction vs. Non-Disclosure:

The legal term for having your criminal record sealed is called a non-disclosure. A motion for a non-disclosure is normally granted after you have completed a deferred adjudication, which would make you ineligible to have your record expunged. Non-disclosure normally requires a certain waiting period after your conviction. These waiting periods normally range from two to five years depending on the nature of your offense and whether you were charged with a felony or misdemeanor. There are also some minor offenses that are eligible for non-disclosure immediately. If your petition for non-disclosure is granted, government and state agencies are prohibited from disclosing the information to the general public, but can be used if you are prosecuted again for another crime.

State Laws vs. Texas Laws:

Depending on where you live it is possible that your state does not allow any records to be sealed or expunged. Some states only allow criminal records to be sealed but not expunged and others allow expunction and non-disclosure but not for more serious felony offenses such as murder, kidnapping, rape and other sex-related crimes.

Below are the current Texas Laws that deal with destroying and concealing criminal records. Legislature can change at any time, so it is very important that you find a knowledgeable attorney in your state that can guide you through the complex laws and give you peace of mind that your past is completely behind you!  If you have any other questions or would like a free evaluation of your case, find us on Facebook and we would be happy to address your concerns immediately!

TEXAS STATUTES REGARDING EXPUNCTION AND NON-DISCLOSURE

 
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Posted by on June 16, 2011 in Legal Rights

 

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