If you have been arrested or accused of a crime (or if you believe you are suspected of one), you should speak to a Board Certified Criminal Defense lawyer as soon as possible. The prosecution of a person is a complex lengthy process that can turn your life upside down, threatening your family, your finances and your very freedom.
Attorney Paul Goeke has been helping people through this process for nearly 30 years of dedicated representation in the courtrooms of Texas. Winning difficult cases time after time has given him a clear view of what is necessary and what is at stake in defending you against a criminal charge.
Mr. Goeke will meet with you and discuss your situation free of charge.
Based on the information you provide, he will explain what you are faced with and the best way to defend you.
Frequently, there are options available to you to resolve the matter. More importantly, you will know your constitutional and statutory rights with regard to a criminal accusation.
"You have the right to remain silent. Anything you say can and will be used against you in a court of law." This is the first part of the famous "Miranda Warnings" routinely read by police to a suspect. Why is it so important? You cannot talk your way out of this situation. Law enforcement will record what you say, presume that it is untrue and set about proving it so. If any part of what you say is shown to be false (or innocently mistaken), it will cast doubt on the remainder of your statement. You may inadvertently admit something that, when taken out of context, incriminates you further. But if you don't speak, how do you defend yourself?
"You have the right to an attorney." The second and most important part of the Miranda warnings is the key to success in the complex criminal justice system. An experienced criminal lawyer can review the evidence against you and discuss the strengths and weaknesses of your position. With an experienced lawyer on your side, you may never need to break your silence. Your lawyer can speak for you in a careful and informed way.
YOUR OTHER RIGHTS
The Constitution of the United States and the State of Texas provide the safeguards that protect you from the government, the police and prosecutors - in a criminal prosecution. When you are accused of a crime, you begin with the presumption of innocence.
This means that you do not have to prove innocence. The government must prove you guilty beyond a reasonable doubt. To do so, they must follow a well-established set of rules: they cannot use evidence obtained illegally and they must prove the evidence they use is reliable and trustworthy.
YOU HAVE THE RIGHT TO CONFRONT THE WITNESSES AGAINST YOU
This is the ultimate procedural safeguard against false accusations: the right to cross examination. It is relatively easy for someone to simply claim that you did something wrong- it is quite another thing to say it under oath in open court and to answer pointed questions structured to reveal fabrications and falsehoods.
THE RIGHT TO TRIAL BY JURY
This is your last and greatest hope. In Texas, every criminal accusation, no matter how serious must be proven beyond a reasonable doubt to a jury, a group of twelve (for a felony) or six (for a misdemeanor) citizens drawn from the community and sworn to be fair and impartial in deciding your case. Under Texas law, a jury can decide guilt or innocence and, if necessary, what the appropriate punishment should be.
PLEA BARGAINS
Many people have heard of plea bargaining but do not understand it. What is the plea? What is the bargain?
Because you are presumed to be innocent, your plea of "not guilty" sets in motion the process by which you receive all of the safeguards that these rights protect.
In most cases, you can waive (give up) most of these rights in exchange for leniency: a reduced punishment or a lesser charge, something you are willing to accept.
If a review of all of the admissible evidence against you shows that the prosecution can prove your guilt beyond a reasonable doubt, an experienced lawyer may be able to negotiate a favorable plea bargain, an agreement by which you plead guilty or no contest in exchange for a punishment which you are willing to accept, such as probation (community supervision) often times without a conviction (deferred adjudication), community supervision). Many times, a deferred adjudication can be later "sealed," reducing the lasting consequences of a single mistake.
