Diaz Law Firm

CRIMINAL DEFENSE ATTORNEYS

Attorney Manuel Diaz and his criminal defense team have helped hundreds of clients successfully defend themselves against criminal charges ranging from traffic violations to murder. Our criminal law department defends adults and children charged with all violations of state, local and federal law.

When facing criminal charges or under investigation, having aggressive representation can make the difference in getting favorable results. Contact us immediately for a free consultation at 855-900-3429.

PRACTICE AREAS

DWI/DUI

ASSAULT/FAMILY VIOLENCE

DWI/DUI

Driving while intoxicated is a crime in Texas and a conviction carries serious consequences. Some consequences include suspension of driver’s license, fines and jail time. If you are being accused of driving while intoxicated, you need an experienced attorney by your side. The legal limit in Texas is .08. However, a peace officer may still arrest you on suspicion of driving while intoxicated even if you have less than 0.08 blood alcohol concentration.

Under Texas law, a person is intoxicated if he/she has lost the normal use of his/her physical or mental faculties by consuming alcohol or drugs or if he/she has a blood alcohol concentration of .08 or more.

Some signs an officer may look for to determine intoxication includes: how a person is driving, the smell of alcohol on a person’s breath, bloodshot or glassy eyes, and slurred speech. If a police officer suspects you are intoxicated he may ask you to perform some tests. These tests usually include the walk and turn, the one leg stand and Horizontal Gaze Nystagmus, which is sometimes called the “pen test”. In the event of failing any of these tests, the officer may place a person under arrest and request that the person provide a breath or blood sample to test for alcohol concentration.

If you or a loved one have been arrested for driving while intoxicated, contact us immediately at 855-900-3429 for a FREE consultation.

ASSAULT/FAMILY VIOLENCE

Assault is intentionally or recklessly causing bodily injury to another person, including a spouse. It is usually referred to as family violence when the complaining party is a spouse, family member or cohabitant. The charge is usually a misdemeanor, though it can be a felony if certain aggravating circumstances exist, such as: the accused has a prior record for family violence assault, the complaining party alleges that he/she was choked, the complaining party suffers a serious bodily injury, or the accused uses or displays a deadly weapon. Penalties for a conviction include jail time, fines, probation, protective orders, restitution and loss of ability to own a firearm and ammunition.

Allegations of family violence may also result in the complaining party filing an application for a Civil Protective Order. You have the right to a hearing before the court can issue such an order, and you have the right to be represented by an attorney at that hearing. These orders last two years, and the issuance of an order may affect your rights.

If you or a loved one have been arrested, are under investigation for assault or family violence, or have received notice of a hearing for a Civil Protective Order contact us immediately at 855-900-3429 for a FREE consultation.

SEXUAL OFFENSES

DRUG CRIMES

SEXUAL OFFENSES

In Texas, charges of Indecency and Sexual Assault are among the most serious crimes. Often it is the word of the complaining witness against the accused. If you are being accused of indecency or sexual assault, you need an experienced attorney by your side. If the accused person is convicted, he/she often faces a mandatory prison sentence. Penalties for a conviction of this type of offense include jail time, fines and sex offender registration, often for life.

We have experience representing people accused of sexual offenses, including:

  • Sexual Assault
  • Indecency with a child
  • Molestation
  • Prostitution
  • Internet Sex Crimes

If you or a loved one have been arrested or are under investigation for indecency or sexual assault, contact us immediately at 855-900-3429 for a FREE consultation.

DRUG CRIMES

A drug charge is a serious offense and the penalties can be severe. In Texas, possession of marijuana will usually result in arrest. Possession of the smallest amount of cocaine, heroin, methamphetamine or prescription drugs can result in arrest and the filing of felony charges. The level of charge depends on the type of drug, the amount of drug and where it was possessed. Depending on the amount of drug and the circumstances of the possession, possessing drugs can result in the filing of state or federal charges. Penalties include jail time, fines, probation and diversion/rehabilitation.

Some common types of drug offenses are:

  • Simple Possession- possession of one or more drugs
  • Manufacture or Delivery- manufacture, delivery or possession with intent to deliver
  • Conspiracy- agreement between two or more people to possess, manufacture or deliver
  • Possession of Drug Paraphernalia- possession of items that are used in relation to drug crimes (pipes, needles, baggies or scales)

If you or a loved one have been arrested or are under investigation for a drug related charge, contact us immediately at 855-900-3429 for a FREE consultation.

TICKETS/WARRANTS

ILLEGAL RE-ENTRY

TICKETS/WARRANTS

If you have received a ticket, a court appearance and date will appear on the bottom close to your signature line. At this court date you will have to state whether you plead guilty or not guilty. If you plead not guilty, you may have a trial or negotiate an agreement with the State. Paying the citation will result in a finding of guilt against you and will be reported to the Texas Department of Public Safety as a conviction. That conviction may put points on your driving record, may increase your insurance premium and may cause you to have to pay additional surcharges to DPS.

Our goal is to keep the offense from going onto your driving record with the best terms possible since it could adversely affect your personal or professional life. If you have a commercial driver’s license, the license suspension could result in the loss or suspension of your job. Remember: if you fail to appear in court, a warrant will be issued for your arrest.

Benefits of hiring an attorney for a ticket:

  • May have ticket dismissed
  • May keep it off your record
  • May avoid OMNI fees
  • May get you more time to pay fine
  • May help avoid surcharges from the state (e.g. extra fines, suspended license)

ILLEGAL RE-ENTRY

Illegal reentry after deportation is a federal crime in the United States. Non-citizens that have been subject to removal or deportation from the U.S. are prohibited from returning to the U.S. without authorization from the U.S. government.

What are the consequences of illegal reentry?
Illegal reentry is considered to be a serious offense that can result in heavy monetary fines and imprisonment. The maximum term of imprisonment will depend on the criminal history of the defendant. The maximum terms are the following:

  • Imprisonment for no more than 2 years;
  • If the defendant has 3 or more misdemeanors involving drugs, crimes against the person, or a felony that is not an aggravated felony, imprisonment for no more than 10 years; and
  • If the defendant has a conviction of an aggravated felony, imprisonment for no more than 20 years.

What effects do criminal convictions have?
Criminal convictions can significantly increase the term of imprisonment for illegal reentry even more than many other crimes.

If anyone attempts to enter the U.S. after being deported from the country, they will be facing federal charges for illegal reentry. The consequences for this vary from substantial monetary fines, imprisonment, or both. One of the reasons this is a tough case to defend is because the government can very easily prove your guilt when they already have proof of your prior deportation on file. This is why it is very important to have an experienced lawyer who knows the federal criminal system. This is a serious issue that affects your ability to re-enter the United States.

If you or a loved one has been charged with illegal re-entry into the United States, contact us immediately at 855-900-3429 for a FREE consultation.

3G OFFENSES

FEDERAL CASES

3G OFFENSES

In Texas criminal cases, the term “3g” is used to indicate that a particular crime is very serious. The term “3g” gets its meaning from the former Article 42.12, Section 3g of the Texas Code of Criminal Procedure. This section has been re-numbered and is now Article 42A.054 of the Texas Code of Criminal Procedure. This section places a limit on crimes to which a judge may sentence an accused person to probation, if the accused person pleads guilty. In addition, if an accused is convicted and is serving a sentence for a “3g” offense, he/she must serve one half of the original sentence before he/she becomes eligible for parole. Below is a list of some “3g” offenses:

  • Capital Murder
  • Murder
  • Aggravated Kidnapping
  • Trafficking of Persons
  • Indecency with a Child by Contact
  • Aggravated Sexual Assault
  • Sexual Assault
  • Aggravated Robbery
  • Injury to a Child, Disabled Person or Elderly Person
  • Compelling Prostitution
  • Sexual performance with a child
  • A crime where the judgement contains a finding of the use of a deadly weapon

If you or a loved one has been charged with a felony, contact us immediately at 855-900-3429 for a FREE consultation.

FEDERAL CASES

Violations of Federal Law are prosecuted in Federal District Court, not State District Court, which hears the majority of criminal prosecution. Usually federal crimes are more serious offenses and their penalties for conviction are more severe.

Given the nature of these crimes and severity of the consequences, you need an experienced attorney at your side who can help you build a strong defense. Attorneys Manuel Diaz and John Helms will fight alongside you and your family to protect your rights and your liberty.

Some of the most common types of federal crimes are:

  • Drug trafficking
  • Illegal Re-entry
  • Immigration fraud
  • Mail fraud
  • Tax fraud
  • Insider trading
  • Extortion
  • Money Laundering
  • Organized crime
  • Child pornography
  • Bank robbery

If you or a love one have been charged with a federal crime, contact us immediately at 855-900-3429 for a FREE consultation.

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