Questions which have been asked FREQUENTLY over the course of our combined careers.
Do I need a lawyer?
Yes. Are you a lawyer? We are, and we would never represent ourselves.
But what if I’m guilty?
The answer is still YES. At Hinzman & Flory we have devoted our entire careers to representing the accused, and the truth is, many of the clients in the thousands of cases we have handled have been guilty. Our observation has been that many of these clients had already learned their lesson by just being arrested. We recognize the State’s power to further punish those who violate the laws, but just because it can doesn’t mean it should. The point is, neither of us has ever worked as a prosecutor because it is not in our natures. OUR GOAL IN EACH AND EVERY CRIMINAL CASE WE HANDLE IS A DISMISSAL OF ALL CHARGES. Now obviously that is not possible most of the time, but, when it is not, we will do everything in our power to limit the consequences of our clients’ mistakes. Most people realize that there are ramifications for their actions and our job is to limit them. For those that don’t realize this, we leave it up to others to sit in judgment of them. WITHOUT AN ATTORNEY, YOU WILL PAY A MUCH HIGHER PRICE FOR YOUR MISTAKE.
The detective keeps calling me. Should I call him back?
You should always call a lawyer before speaking with the police no matter what the investigating officer says to try to convince you otherwise, including THREATENING TO GET A WARRANT for your arrest unless you come in to speak with him or her. UNDER NO CIRCUMSTANCES SHOULD YOU SPEAK TO AN LAW ENFORCEMENT OFFICER INVESTIGATING YOU FOR A CRIMINAL OFFENSE WITHOUT HAVING A LAWYER PRESENT.
I’m charged with assault causing bodily injury(family violence), but my wife doesn’t want charges pressed against me. Am I off the hook?
No. Although in certain cases the District Attorney will take into consideration the desires of a victim in a family violence case when considering a plea offer or dismissal, the victim is not in control of how a case is prosecuted. Many DA offices even have “NO DISMISSAL” policies on family violence cases.
I’m charged with assault causing bodily injury (family violence), but my wife didn’t have any visible injuries. Am I off the hook?
No. The Texas Penal Code defines “bodily injury” to include merely “physical pain.” So, for example, if you are accused by an alleged victim of merely slapping them and they say it hurt then you can be charged with, and possibly convicted of, this very serious offense.
My ex-girlfriend and my roommate started dating and they both are claiming I assaulted them. Now I’ve been charged with assault- family violence. Assault maybe, but this isn’t family violence is it?
Yes it is. Under Texas law, Assault becomes a Family Violence charge when the accused and alleged victim are related by blood, are currently married or were previously married, are currently in a dating relationship (or were previously), or are members of the same household. So, assault against merely a current roommate can be charged as family violence, as can an assault against a former romantic partner.
Why can’t I get a copy of the discovery/evidence/police reports in my criminal case?
Current Texas law does not allow us to turn over discovery received in a criminal case to a client in most circumstances.
Can this be taken off my record?
In representing all of our criminal clients, our goal is to ideally put you in a position at the end of our representation that will allow you to clean up your record. We will always discuss options, such as an Expunction or Order of Nondisclosure, that can allow you to remove an arrest from your record.
What do I have to do to get my drivers license back?
Navigating license suspension issues with the Department of Public Safety is usually very complicated. Call us for a free consultation and we will help you figure out what you need to do.
What can you do for me?
No lawyer can ethically give you a guaranteed result in a criminal matter or any other legal situation. However, based on our years of experience and thousands of criminal cases handled in Denton County, we can discuss with you our best guess on what to expect from the District Attorney, as well as our chances of victory in a particular case should you choose to pursue a contested hearing or a trial.
Can you get my bond reduced or reinstated?
Sometimes. Every case is different and we would need to meet with you first to discuss this.
Can you go to court for me?
On misdemeanors, we can appear for you at some settings. We will notify you of when we can appear and when you must be present.
My loved one is charged DWI or drug offense. How do I get them help for their addiction?
We have worked with numerous clients over the years with serious problems with alcohol and drugs. Oftentimes, a concerned family member will ask us about making treatment or rehab part of a plea negotiation with the District Attorney.
However, our job as criminal defense attorneys is to do everything that we can to get our client’s case dismissed if at all possible, not to recommend additional conditions of probation, such as drug or alcohol treatment, even if it might help them in the long run. Having said that, if a client recognizes themselves that they have a problem with addiction, seeking treatment for it not only can help them overcome their issues and put them on the road to recovery, it can also help us to work out a much better resolution of their criminal charges with the District Attorney.
At Hinzman & Flory, we have years of experience working with clients with addiction problems to help them find the appropriate treatment options and have developed relationships with different rehabilitation facilities in the North Texas area.
It is common for addicts to provide excuses to rationalize their behavior. Having an attorney who will tell them what they need to hear – not what they want to hear, and who can explain to them the severe consequences of the criminal charges they are facing, can sometimes be enough for them to finally honestly address their addiction and seek treatment and help.
How much will all this cost?
We offer a free consultation on criminal cases and a nominal consultation fee on other cases. It is often difficult to give you a total cost until we are aware of all that is involved with your case. We offer competitive rates based on our years of experience.
Do you have a payment plan?
Yes. We offer payment plans in many circumstances for criminal matters, and on certain occasions for other types of cases.
ICE DENIED MY BOND. CAN I ASK THE IMMIGRATION JUDGE FOR ONE?
Yes. Many immigrants facing deportation are eligible to ask for a bond during their removal proceedings. ICE has the authority to set a bond itself, but if it declines to do so, the immigrant may then ask an immigration judge to set a bond.
HOW WILL THE JUDGE DECIDE WHETHER TO GIVE ME A BOND OR NOT?
An immigration judge will look at three issues in deciding whether to set a bond or not. Those factors are:
(1) Is the alien eligible for a bond?
(2) Is the alien a danger to the community?
(3) is the alien a flight risk?
Each of these factors is explored in more detail HERE.
HOW MUCH WILL MY IMMIGRATION BOND BE?
If the immigration judge sets a bond, it will typically be in the range of $5,000 to $15,000. The minimum bond an immigration judge can set is $1500.
HOW DO I ASK FOR A BOND FROM AN IMMIGRATION JUDGE?
To ask an immigration judge for a bond, a bond application must be filed with the court.
HOW LONG WILL IT TAKE TO GET MY BOND HEARING?
From the time the bond application is filed, it will typically take 1-3 weeks for the bond hearing to be set. The immigration judge will decide whether to grant a bond at the bond hearing, and if granted, how much the bond will be.
CAN THE IMMIGRATION JUDGE DENY ME A BOND ALTOGETHER?
Yes. Immigration judges have broad discretion to grant or deny bonds. Even if you have little or no criminal history, an immigration judge can still deny you a bond if they feel you are a flight risk. However, you do have the right to appeal an immigration judge’s decision on your bond application.
HOW DO I PAY THE IMMIGRATION BOND?
An immigration bond can be paid at any ICE Enforcement and Removal Operations (ICE ERO) office in the U.S. The person who goes to post the bond must be a U.S. citizen or permanent resident. It is advisable that the bond be paid using a postal money order, as some ICE ERO offices will not accept any other form of payment.
WILL I GET THE BOND MONEY BACK?
Yes, as long as you comply with all orders of U.S. immigration authorities going forward. If you win your immigration case, the bond money will be returned to whoever posted it. If you lose your case, you must depart the United States when required in order for the bond money to be returned to the person who posted it. In the latter case, you may need to go to the U.S. embassy in your home country to have them stamp a form proving you have departed the U.S. You can then mail that form to ICE ERO, and they will return the bond money to whoever posted it.
Click the button to read questions you should be asking based on our experience.