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Secrets of the Texas Criminal Justice System and Your Rights
If you have been arrested for a crime you did not commit the crime, your goal should be to keep this whole incident off your record. It is critical that you understand important factors of Texas expunction or non-disclosure such as pardons, dismissals, and acquittals which are all outcomes that can potentially be expunged. If you are actually innocent, it is possible to build a strong case afterward considering a wide variety of defense options.
The second factor you want to take into consideration is the strength of your case. Attorneys can conduct their own investigation of your case, on your behalf, above and beyond any police investigation. Experienced expunction lawyers could have a private investigator on staff with years of experience working for law enforcement, one who possesses a keen eye for holes and oversights in their case. Private investigators can try tracking down and question eyewitnesses the police may have dismissed or overlooked.
Preparing for Expunction Applications
When identifying the desired outcome, individuals need to take an honest look at relevant factors of Texas expunction or non-disclosure. This includes reviewing their goals and desired outcomes, such as:
- What impact have past decisions made on the individual’s options for the future?
- What are the individual’s goals?
- What is the best possible outcome for this case in meeting these goals?
When someone and their lawyer hash out a realistic outcome based on present circumstances, the first question to ask whether the individual has done what the accuser has claimed.
Role of Legal Counsel During the Expunction Process
After reviewing the individual’s case, their counsel can identify the strengths and weaknesses of the case. After discovery (when the prosecution must share with us all the evidence against them), attorneys will also know the strengths and weaknesses that exist in the case.
If someone stands in a place of strength, a good option would be to enter into pretrial negotiations to get their case dismissed. If taking the case to trial, to get charges dismissed, or appeal a conviction to try for an acquittal, might be someone’s best option.
If someone’s case is considered weak, a lawyer can enter into plea negotiations and focus on mitigating the charges and penalties. If a conviction is unavoidable, legal counsel will try for deferred adjudication and early discharge to keep the individual qualified for non-disclosure.
Understanding Legal Qualifications for Non-Disclosure
Of the important factors of Texas expunction or non-disclosure is whether or not someone’s charges qualify for expungement or non-disclosure. If they are facing charges that fall under the exceptions to non-disclosure, but someone cannot afford to have it on their record. Therefore, it is important to decide what to do in response. As long as someone is not convicted, they can get all records of the arrest expunged.
Cases Without Probable Cause
If someone was arrested without probable cause, or their rights were violated in the process, an attorney can challenge the arrest. If the individual was unlawfully searched, they can move to suppress any evidence that was found through violation of rights. Attorneys can focus their strategy on getting the person’s charges changed or reduced to charges that are eligible for non-disclosure upon successful completion of deferred adjudication.
If someone has prior convictions on their record, that may disqualify them for non-disclosure, and so keeping this incident off their record would not be possible. However, that does not mean that nothing else can be done. The focus of the case can become mitigating the consequences of this particular incident through other means.
Speaking with an Attorney
By identifying the desired outcome, if an individual and their potential attorney have a target they can consider how that is impacted by factors of Texas expunction or non-disclosure. This is a reference point that can guide your defensive strategy.
By working with experienced lawyers who possess a reputation for success in your corner, you have options. When you make the decision from the beginning of your case that expunction or non-disclosure is your desired outcome, lawyers can maneuver the investigation and strategy toward reaching that goal.