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Criminal prosecution unfolds in a series of stages, starting with the arrest and ending at some point before, during or after trial. Most criminal cases end when a defendant accepts a plea deal offered by the prosecution. In a plea bargain, the defendant decides to plead guilty before trial to the charges against him or her, or to lesser charges in exchange for a more lenient sentence or the dismissal of associated charges. Arrest A criminal case begins with an arrest by law enforcement. A police officer may arrest an individual if: The officer notices the individual committing a criminal offense The officer has probable cause to believe a crime has been committed by that individual The officer arrests the individual under the lawful authority of a valid arrest warrant Once the person is arrested, law enforcement books him or her. When the police finishes the booking proceedings, they place the offender in custody. Alternatively, if the suspect committed a minor offense, law enforcement officials may issue a citation with instructions to appear in court at a later date. Bail If a suspect in custody is granted bail, he or she may pay the bail amount in exchange for release. Being release on bail is interpreted as a promise to appear at all schedule court proceedings. On the other hand, a suspect may be released on his or her “own recognizance,” meaning that they do not need to post bail but promise – in writing – to appear at all schedule court proceedings. Arraignment Arraignment is the suspect’s first court appearance. During arraignment, the judge details the charges filed against the defendant. The defendant decides to either plead guilty, not guilty, or no contest to those charges. In addition, the judge reviews the defendant’s bail and set dates for future court appearances. Preliminary Hearing or Grand Jury Proceedings The government often brings criminal charges in one of two following ways: By a “bill of information” secured by a preliminary hearing Grand jury indictment While cases involving the federal system need to be brought via indictment, states – on the other hand – are free to use either process. Both of these examples are used to establish the existence of probable cause. If probable cause is not established, a defendant will not be forced to stand trial. A preliminary hearing – also known as a preliminary examination – is a process in which counsel questions witnesses and both parties make arguments. The judge then determines the finding of probable cause. Alternatively, the grand jury only hears from the prosecutor. The grand jury may call their own witnesses and schedule the performance of further investigations. The grand jury then decides whether sufficient evidence has been presented to indict the defendant. Pre-Trial Motions Brought by both the prosecution and defense, pre-trial motions are meant to resolve final issues and establish evidence and testimony admissible in trial. Trial The judge or the jury will either decide whether the defendant is guilty or not. Since the prosecution bears the burden of proof in the criminal case, they must prove “beyond a reasonable doubt” that the defendant committed the criminal offense charged. The defendant has the right to a jury trial in most criminal cases. A jury or a judge makes the final decision of innocence or guilt after listening to opening and closing statements, examination and cross-examination of witnesses, as well as jury instructions. If a jury is unable to reach a unanimous verdict, the judge may declare a mistrial, and the case will either be dismissed or a new jury will be picked. If a judge or jury finds the defendant guilty, the court will also provide a sentence for the defendant. Sentencing In the sentencing part of the criminal case, the court decides the proper punishment for the convicted defendant. The court considers a number of factors – such as nature and severity of the crime, criminal history, and even the degree of remorse – to figure out an appropriate sentence. Appeal A person convicted of a crime may request that his or her case be reviewed by a higher court. If that court discovers an error in the case or the sentence imposed, the court may reverse the conviction or determine that the case be re-tried. If you were arrested for and charged with a criminal offense, contact the Law Offices of Ruben Ortiz and request a free consultation with our El Paso lawyer today.

If you have been convicted of a misdemeanor or felony, the offense can be found in your criminal record. Furthermore, if you were arrested, then you also have a criminal record. Fortunately, expungement offers a way to clean your criminal record as if the crime had never occurred. In Texas, there are specific circumstances that need to be met in order to qualify for expunction. You may be eligible for expungement if: You were arrested but not charged with the criminal offense Your charge was dismissed You were convicted of a juvenile misdemeanor You were convicted of a minor alcohol-related crime You were convicted of Failure to Attend School You were later acquitted in appeals court You received a pardon The following are the benefits of having your criminal record expunged: Obtaining to maintaining employment. Over 80% of employers perform background checks on their employee candidates. A criminal record will always have a negative impact on your employment prospects. Even if you are still working, new management can come in and do a criminal check on all current employees. Loan approval. There are some loan agencies that think a criminal record means irresponsibility. A mark on your record can result in higher interest rates or even complete denial. Without approval for a loan, it can be hard to buy a new car or home, as well as pay for school. A clean criminal record enables that person to take advantage of what life has to offer. If you do not want one mistake to haunt you for the rest of your life, seek legal assistance from our El Paso lawyer at the Law Offices of Ruben Ortiz. With nearly 25 years of legal experience, we understand what it takes to get the results you want and help you get your life back on track. Contact us and schedule a free consultation right away!

Did you get a call in the middle of the night about your child getting arrested for a DUI? Perhaps he or she arrived home hours after the ordeal took place and now you’re trying to determine what to do next. In Texas, DUI charges are specifically reserved for minors under 21 years of age, whereas DWI charges are typically made against people over 21 years old. Fortunately, minor drivers do not face jail time if they are eventually convicted of the DUI charge. Since it is considered a Class C misdemeanor, the penalties for a conviction include probation, a fine of up to $500, driver’s license suspension for months or years, community service, and substance abuse treatment. In addition to the criminal penalties associated with a Texas DUI, the following are the additional consequences your child may experience if convicted: High financial cost. A DUI conviction can result in increased insurance premiums for a high-risk policy for years to come and high reinstatement fees before your child can have their license back. Employment difficulties. A DUI conviction can be seen on a criminal record or background check, which can limit your child’s future job opportunities. University sanctions. If your son is a college student, they may face more punishment from their school. A DUI conviction may invalidate certain scholarships. If your son, daughter, or another family member is facing a DUI charge in Texas, our experienced legal team at the Law Offices of Ruben Ortiz is committed to protecting his or her rights and future. Our El Paso attorney has nearly two decades of legal experience and has successfully handled various DWI and DUI charges on behalf of our clients. We are committed to working with your child to understand the facts surrounding his or her arrest and will vigorously seek the most favorable outcome possible. Contact us and schedule a free consultation right away!

In the event of a Driving While Intoxicated (DWI) arrest and charge in Texas, not only are you facing a conviction that includes jail time and fines, but also license suspension. Not being able to drive your vehicle to work, to school, or to conduct day-to-day activities can make life extremely difficult. However, there is a chance you may be able to recover your driving privileges – in a limited capacity. The Administrative License Revocation (ALR) Program is a civil administrative process is not associated with criminal court proceedings. The ALR Program applies to individuals arrested for DWI and Boating While Intoxicated (BWI). If you fail a breath or blood test, or you refuse to submit to one upon getting pulled over for DWI, a police officer will take your driver’s license and issue you a 40-day temporary driving permit. Next, you have 15 days from the date of your arrest to challenge your pending ALR license suspension and request a hearing. If you do not request a hearing within the appropriate amount of time, your license will be suspended after 40 days. If your request is received in time, the Texas Department of Public Safety (DPS) will mail you a letter which includes your hearing date, time, and location. If you fail to request a hearing in a timely manner, you will receive a denial notice in the mail. Your best chance to get your driving privileges back is to obtain legal representation from an experienced DWI lawyer. At the Law Offices of Ruben Ortiz, our El Paso attorney understands what it takes to reinstate your license after a DWI charge or help you obtain a restricted occupational license or hardship driver’s license. Do not hesitate to contact us and request a free consultation today.

What is Probable Cause? Probable cause is a legal doctrine by which law enforcement officials have the right to make an arrest without a warrant, obtain a warrant for arrest, or conduct a personal or property search. Although a variety of factors contribute to a police officer’s level of authority in any given situation, probable cause needs evidence or facts that would result in a reasonable person to believe that a suspect has committed a criminal offense. The probable cause requirement derives from the Fourth Amendment of the U.S. Constitution, which states that “the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be searched.” Common instances of probable cause include an admission of guilt for a specific crime or the sight and smell of contraband in plain view or plain smell. The presence of any of these facts gives permission to an officer to perform a search and make an arrest. What Probable Cause Means to You Although there are specific circumstances where law enforcement officials need a warrant to search you or your property, during a traffic stop, however, police only need probable cause to legally search your vehicle. The exception to probable cause requirement for vehicle searches is consent. In most cases, vehicle searches conducted by police do not occur because they have probable cause. Instead, they happen because people are often tricked or intimidated into consenting to search requests. It is imperative to understand that consenting to a search request automatically makes the search legal. Furthermore, the Fourth Amendment doesn’t require officers to inform you about your right to refuse. So if you are pulled over, do not try to determine whether or not the officer has probable cause to legally search you. You always have the right to refuse search requests by saying, “Sir, I do not consent to any searches.” If you do not offer consent, but the officer searches you anyway and finds illegal items on your person, your attorney can file a motion to suppress – or dismiss – any evidence in court. If the judge decides that the officer’s search violated the Fourth Amendment’s probable cause requirements, he or she will grant the motion. Unless the prosecution has any other forms of evidence, the charges against you would be dismissed. If you were arrested and charged with a criminal offense in Texas, contact our El Paso lawyer at the Law Offices of Ruben Ortiz today.

A no contest plea – known as nolo contender in legalese – means that the defendant does not contest the charges, while at the same time, does not plead guilty or innocent either. There are several reasons why a person would choose to make a plea in this manner. First, pleading no contest is mainly a move that affects the civil aspect of a crime. For instance, if an individual charged with a DWI wanted to avoid an automatic civil lawsuit that could cost him or her an ample amount of money, he or she could plead no contest, making it more difficult for anyone seeking a victory in civil court. The second reason is to avoid potentially negative repercussions in regards to employment status. By pleading no contest, a defendant is essentially ending a case without actually admitting guilt. Under Texas law, a defendant can plead no contest in both felony and misdemeanor cases. When pleading no contest, a judge is obligated to inform the defendant of important facts, such as giving up his or her right to a trial by judge or jury. Once a defendant pleads no contest to a criminal charge, then the case is done. The judge will enter judgment in the case giving a sentence based on the facts and negotiations made between the prosecutor and defense lawyer. Let Our El Paso Criminal Attorney Help You Understand Your Rights Before you consider if pleading no contest is the right move in your case, the Law Offices of Ruben Ortiz can counsel you and help you determine all of your available legal options in order to obtain the most favorable outcome possible. Do not risk your rights, reputation, and freedom without our experienced and reliable legal assistance. Contact us and request a free consultation immediately.

If your license was suspended as a result of being charged with a DWI in Texas, you can reinstate your license by satisfying the requirements set forth by the Department of Public Safety (DPS) and paying your reinstatement fees. However, the system itself can be quite complicated. About Your Suspended License When your driver’s license is suspended, the Texas DPS will mail you an enforcement notification. The length of your suspension will depend on the traffic or criminal offense. For example, if you are convicted of a DWI and you are 21 years of age or older, your license can be suspended for up to two years. However, in addition to criminal charges and suspensions for DWI, you can also face license suspensions under the Administrative License Revocation (ALR) Program. If you fail a breath or blood test, or if you refuse to submit to one upon your arrest, a police officer can take your driver’s license and issue you a 40-day temporary driving permit. You have 15 days from your arrest to challenge your pending ALR license suspension and request a hearing. If you do not request a hearing within this time limit, your driver’s license will be suspended after 40 days have passed. Check Your Driver’s License Eligibility You can check your driver’s license status on the DPS website. In addition, you can also see any fees you owe and any documents or items you need to submit. Suspension Hearings Within 20 days of a license suspension, you are able to request a hearing to contest it. If your request is received in time, the DPS will mail you a letter which contains your hearing date, time, and location. You will receive a denial notice in the mail if you request a hearing past the deadline. Reinstating Your Driver’s License When your driving privileges are suspended, you must wait out your suspension period, complete your requirements, and pay your fees in order to have your driver’s license fully reinstated. How a Lawyer Can Help You Many people find that their situation is too complex to figure out and resolve on their own. At the Law Offices of Ruben Ortiz, our El Paso criminal lawyer understands what it takes to get you back on the road sooner than the court anticipates. We can possibly help you obtain early reinstatement with the completion of an alcohol treatment program. Other potential reduced penalties include granting a limited suspension where you are allowed to drive to work, school, community service, and other activities, as well as getting driving permission if you agree to place an ignition interlock device in your car. If you require experienced legal assistance to get your driving privileges back, contact us and request a free consultation today.

Whether you’ve heard it on a television show or a movie, most Americans know that in some cases the police are required to “read you your rights.” The Miranda rights originated in a 1966 U.S. Supreme Court ruling – Miranda v. Arizona, 384 U.S. 436 – which declares that whenever a person is taken into police custody, before being questioned he or she must be told of the Fifth Amendment right not to make any self-incriminating statements. In 2010, the U.S. Supreme Court issued a series of decisions which modified the rules surrounding Miranda rights. The Miranda rights consist of the following: You have the right to remain silent Anything you say can be used against you in a court of law You have the right to consult with a lawyer and have that lawyer present during the interrogation If you cannot afford a lawyer, one will be appointed to represent you You can invoke your right to be silent before or during an interrogation, and if you do so, the interrogation must stop You can invoke your right to have an attorney present, and until your attorney is present, the interrogation must cease There are two basic prerequisites before the police can issue a Miranda warning to a suspect: the suspect is in police custody (being arrested) or is under interrogation. If the suspect is not formally in police custody or is not being interrogated, the police are not required to read the suspect his or her Miranda rights. Therefore, anything the suspect says can be used as evidence against him or her. If the police fail to make sure you are aware of your Miranda rights, nothing said in response to a custodial interrogation can be used against you. Furthermore, any evidence that is gathered from improper custodial interrogation is also considered inadmissible. For example, if law enforcement fails to read you your Miranda rights and questioning you leads them to contraband, that contraband and the contents of that interrogation are both inadmissible unless they can demonstrate they would have found the contraband without your statements. If you are wondering how to properly handle a police interview, contact our El Paso criminal lawyer at the Law Offices of Ruben Ortiz today.

Picture this: You’re sitting on your couch when you hear a knock on your door. It’s the police and they are here to search your home...without a warrant to do so. Can they do this? Is this legal? Many people know that the police need to possess a warrant to search your home from watching cop shows and legal dramas on television. They are correct, for the most part. The Fourth Amendment protects private citizens from unreasonable search and seizures. In order for a warrant to be issued, a judge needs to be presented with “probable cause” of either: Criminal activity at the home Contraband stored at the home However, a warrant is not required in specific circumstances: Consent – If the individual who is in control of property consents to the search without being forced or tricked into doing so, a search without a warrant is legal. You must understand that the police do not have to tell you that you have the right to refuse a search, but you do. Plain view – If an officer already has a right to be on your property and notices evidence of a crime or contraband that is clearly visible, that object can be lawfully seized and used as evidence in court. Search Incident to Arrest – If you are being arrested in your home, law enforcement may search for weapons or other accomplices to protect their safety – also known as “protective sweep” – or they may also search to prevent potential destruction of evidence. Exigent circumstances – Only used in emergency situations where the process of obtaining a valid search warrant could compromise public safety or could result in a loss of evidence. Your Responsibility So, what should you do if the police show up at your front door to “just look around”? It is not in your best interest to deny them access since there may be justifiable circumstances which you are not aware of and you do not want to risk being charged for interfering with a police investigation. However, you must make it clear that you are not consenting to the search. Ask the law enforcement officials for their identification and have them explain why they are there and what they are looking for in your home. Furthermore, document the details of the search. Jot down anything and everything worth sharing, so that you are prepared in case you need them later. Contact a Professional For Help For more information, contact our El Paso criminal defense attorney at the Law Offices of Ruben Ortiz today to get nearly two decades of legal experience on your side. Attorney Ortiz understands how improtant your rights are and is willing to fight for them, while giving you necessary guidance. Schedule your FREE consultation today!