DFW Criminal Lawyer - Tim Clancy

The Fourth Amendment protects everyone in the U.S., which includes residents of Dallas county. This amendment protects citizens from unreasonable searches and seizures, which means Dallas law enforcement officers must have a search warrant if they want to search your home or car. Below we review warrant requirements and exceptions in both home and car searches. 

• Exigent circumstances: Dallas police can search your car or your home if they determine “exigent circumstances” exist, which justifes the search. Exigent circumstances is applicable if a police officer believes evidence of a crime is about to be destroyed, someone’s life is in danger, someone needs to be saved, or a suspect of a crime is about to escape.
• Probable cause. Police can search your car without a warrant if they have “probable cause” to believe the vehicle contains evidence of a crime. This can be based on a police officer or k9 smelling an illegal substance, or if they see something in “plain view” like a gun peeking out from under the passenger seat or fresh blood somewhere in the interior.
• Driver’s arrested. If you are arrested, the police can search your car if it is relevant to the reason behind the arrest.
• Consent. No warrant is needed if you consent to the search, whether the consent is for a search of your home or your car. If you consent, you will not later be able to challenge the search in court unless you can prove the consent was either coerced or involuntary.

If you are arrested, protect yourself immediately by not speaking to law enforcement. Instead, consult a criminal defense lawyer like Tim Clancy to help you make important decisions like speaking to the police. Keep in mind that one mistake can cause you a life of pain. Always seek professional help when dealing with criminal charges. 

A bail bond is a written or verbal agreement between you and the bail bond agent, which allows you to be released from jail. You pay the bondsman a percentage of the amount of the bail set by the judge. When you pay the fee, the bondsman pays the full amount of your bail to the court.

Part of the agreement entails making all of your court dates and any other conditions of release the court imposes on you. If you violate any conditions or miss a court hearing, bail will be revoked, you will return to custody, and you will owe the bondsman the entire amount of your bail.

There are different types of bonds that can be issued in Dallas, and they depend on the courts requirements and your financial situation.

Yes, a skilled and experienced attorney like Tim Clancy can prove your innocence, because he understands the law, and the local Dallas criminal justice system. Without strategic defense, you run the risk of being found guilty, and ending up in jail or with a criminal record for life.

If you are accused of a felony in Dallas, a trial will usually start within six months to two years. The start date and length of the trial depend on the complexity of the charges. A trial for a misdemeanor is resolved much faster than a felony. 

Yes, there are minor differences in how counties handle criminal cases. For example, the Tarrant County criminal justice system requires defendants, even those charged with misdemeanors, to be physically present at every court appearance.

In Dallas County, judges realize that most of the courts business is handled by an attorney, which does not require defendants to be physically present at every court hearing.

Your first court appearance will generally take place within 48 hours of your arrest, but it may take longer if you were arrested on a holiday or weekend. During your hearing, the court will inform you of the charges against you, while reading you your constitutional rights.

The local courts will also tell you that if you cannot afford to hire an attorney, the court will appoint one for you. If you claim you cannot afford one, there will be an analysis of your income and expenses and the court will use a formula to determine if you qualify for a court-appointed attorney.

Finally, the court will ask you if you plead guilty or not guilty. At this step, we recommend asking the court for more time if you have not had a chance to consult a criminal defense lawyer. When you do hire an attorney, they can help you understand the charges, and possible defense against the charges, expectations, and outcomes. They will also explain the likelihood of you winning your case if it goes to trial.

Only after you have considered all of these options should you consider entering a plea of guilty or not guilty.

How much will depend on what you have been charged with and the complexity of your case. For example, a simple misdemeanor may cost as little as $1,500, while a complicated felony with a potentially lengthy sentence, may cause you thousands of dollars. The average hourly rate of criminal defense attorneys in Dallas is $200 and up.

Experience will also play a role in how much an attorney charges. For example, an attorney with decades of experience can often provide you with a better end result. They are usually more skilled, have a deeper understanding of the law, and more advanced strategies for defense.

In Dallas, you have to be 18 years old with a valid ID in order to bail someone out of jail. First a judge will set a reasonable amount for bail, with several options to pay for bail:

• You can pay the full amount of the bail by cash, check, credit card, or debit card.
• You may be able to use property you own, such as your equity in real estate, automobiles, boats, jewelry, and electronic equipment as collateral for the bail.
• Contact a bail bondsman to post a bond.
• In some cases, a judge may grant OR release to a person on their own recognizance without requiring bail.

If there is a warrant for your arrest in Dallas, law enforcement officers can arrest you at any time without notice. If you learn there is a warrant for your arrest, you can avoid a sudden arrest by contacting attorney Tim Clancy for help today. He can arrange for a self-surrender or possibly settle the matter without you having to be taken into custody.