Conroe Lawyer - Should your lawyer be from the place where you were arrested?
Conroe Lawyer - Brian Foley - Board Certified in Criminal Law
Having a lawyer that is familiar with the jurisdiction of your legal case is very important. The laws in Texas are passed at the state level. That means that the same laws against evading arrest, driving while intoxicated, and possession of a controlled substance penalty group 2 and other criminal laws are the same across the State. So does this mean that it doesn't matter where your lawyer primarily practices? No.
Every county runs their operations within the criminal justice system differently. From how many days credit you could receive at the jail, to what is a fair offer on a possession of controlled substance penalty group 2 case, your lawyers familiarity with the jurisdiction will be crucial in obtaining the best result for you.
In this blog post, we'll outline five examples of procedures that can vary from county to county and explain how someone with local knowledge would be better positioned to help you.
Bail procedures can differ greatly between counties in Texas. Some counties may have a standard bail schedule, while others may require a bond conditions on every case. Montgomery County requires bond conditions on all felony level offenses. A local attorney who is familiar with the bail procedures in a particular county can help ensure that bail is set at a reasonable amount and can help negotiate with the prosecutor or judge to reduce the amount if necessary.
Plea Bargaining Practices
Plea bargaining practices can also vary from county to county in Texas. Some counties may be more willing to offer plea deals for certain charges, while others may be less likely to do so. An attorney who is familiar with the local plea bargaining practices can help negotiate the best possible plea deal for their client. For example, in Montgomery County a standard offer for a felony DWI when it is your 5th or 6th offense is prison time only.
Jury selection is another procedure that can vary greatly between counties in Texas. Some counties may use a jury wheel. Jurisdictions vary greatly on the amount of time that they will give you to select a jury as well. In Montgomery County, it is typically 30 minutes to 1 hour for jury selection. An attorney who is familiar with the local jury selection process can help identify potential biases and work to select a fair and impartial jury.
Sentencing guidelines can also differ between counties in Texas. Some counties may have stricter sentencing guidelines for certain offenses, while others may be more lenient. An attorney who is familiar with the local sentencing guidelines can help their client understand the potential consequences of a guilty plea or conviction and can work to minimize any potential penalties.
Pretrial Diversion Programs
Finally, pretrial diversion programs can vary greatly between counties in Texas. Some counties may have robust programs that allow defendants to avoid a conviction if they complete certain requirements, while others may have limited or no programs at all. A local attorney who is familiar with the pretrial diversion programs in a particular county can help their client understand their options and work to get them into the best program available.
In conclusion, having a locally familiar attorney can make a significant difference in the outcome of a criminal case in Texas. From bail procedures to plea bargaining practices to pretrial diversion programs, there are many local procedures and customs that can impact a case. A local attorney who is familiar with these procedures and customs can help their client navigate the system and achieve the best possible outcome.
BORING LEGAL DISCLAIMER
For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation.
For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney.
For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if its something important.