Best Criminal Defense Attorneys in Fort Worth
Compare Top Criminal Defense Attorneys
| Lawyer Name | TX Bar Association Status | Year Admitted to TX Bar | Law School Attended | Learn More |
|---|---|---|---|---|
| Ashley Gilmore | Active | 2013 | University of Arizona James E. Rogers College of Law | |
| Bryan P. Hoeller | Active | 2008 | University of Texas School of Law | |
| Jason H. Howard | Active | 2006 | Texas Tech University School of Law | |
| Jeffrey A. Kearney | Active | 1972 | Baylor University School of Law | |
| Mitchell A. Monthie | Active | 2016 | Texas A&M University School of Law | |
| Anna Summersett | Active | 2009 | Texas Wesleyan University School of Law | |
| Alex Thornton | Active | 2015 | Texas A&M University School of Law | |
| Dustin Trammel | Active | 2014 | Arizona Summit Law School | |
| Benson Varghese | Active | 2009 | Texas Tech University School of Law | |
| Luke A. Williams | Active | 2007 | Texas Tech University School of Law |
What Is a Criminal Defense Lawyer?
When you are accused of a crime in the United States, the state or federal government must prove that you committed it beyond a reasonable doubt. This means that you can be prosecuted in a trial that is judged by a jury of your peers.
While that description is rather simple, the legal process is reasonably complex. There are millions of laws and thousands of relevant procedures that affect the criminal justice process. Criminal defense lawyers are trained to navigate this process, representing defendants so that they have a fair chance of proving their innocence when facing criminal charges.
Public Defender vs. Private Criminal Attorney
In Texas, you have the right to an attorney as soon as you are charged with a crime. And if you are indigent, you have the right to be represented by a public defender if you have been charged with a felony or a Class A or B misdemeanor, are a juvenile or are directly appealing a case.
Public defenders are attorneys who are paid by the state. In contrast, the defendant pays for a private criminal defense attorney. Private attorneys generally have more resources at their disposal, and many have impressive records of success. However, all defense attorneys are knowledgeable and qualified to defend their clients in court.
Should You Represent Yourself in a Criminal Case?
While every citizen has the right to represent themselves in court, it is highly discouraged. Even experienced attorneys must research subtle aspects of the law regularly, and they usually have legal teams to assist them. Without legal training, you are likely to make mistakes that will harm your case.
Typically, you should only represent yourself when the cost of losing your case is less than the cost of an attorney. Traffic tickets and other very minor offenses fall into this category. When you represent yourself in such a case, the judge might be willing to give you some leeway.
Understanding the Legal Process for Criminal Cases
Most people only know about the legal process for criminal cases based on its depiction in popular legal dramas. While these shows get some things right, they aren’t always very accurate. Here is what you should expect in Texas.
- Indictment. If a prosecutor suspects you have committed a crime, they may seek an indictment by a grand jury. A grand jury indictment allows them to pursue a warrant for your arrest.
- Arrest. A police officer can arrest you if they have a warrant signed by a judge or probable cause that you committed a crime. When you are arrested, the police will read you your Miranda rights, process your arrest at the police station and place you in a holding cell until you are arraigned.
- Arraignment. An arraignment is a hearing where a judge formally informs you of the charges filed against you and asks you to enter a plea on those charges.
- Bail Hearing. Typically, the arraignment judge will set bail immediately after you enter a plea at the arraignment.
- Pre-Trial Hearings. If there are aspects of the case other than the outcome that are in dispute, the judge will hold pre-trial hearings to resolve those disputes.
- Trial. During the trial, the prosecution will present evidence to convince the jury you are guilty, while your lawyer will present evidence of your innocence. At the end of the trial, the jury will determine whether you are guilty or not.
- Sentencing. If you are found guilty of any charges, the judge will sentence you based on the guidelines for criminal penalties for that charge in Texas. In all but the simplest cases, sentencing usually happens a few days after the verdict.
Resolving a Criminal Case in Texas
Few cases go through all the steps listed above. Instead, your lawyer will likely negotiate a plea bargain sometime after you are indicted or arrested and before the trial begins. In a plea bargain, you plead guilty to some or all of the charges in return for lighter sentencing.
Sentencing guidelines in Texas give judges significant leeway. Even if incarceration is mandatory, the range of potential sentences is wide. For example, you can be sentenced to anywhere from 5 to 99 years in prison for a first-degree felony in Texas. Plea bargains might result in probation or diversion programs that help the defendant avoid prison time.
Expungement in Texas
When you are charged with a crime, that charge becomes a permanent part of your criminal record. However, in some cases, you have the right to have that record permanently removed, making it visible only to law enforcement and the court.
You are entitled to have a record expunged if you were acquitted of the charge, you were arrested but never charged or your case was ultimately dismissed. Additionally, you are eligible to have charges expunged if a conviction was overturned on appeal or the prosecutor in the case recommends expungement.
How to Choose the Best Criminal Lawyer in Fort Worth, TX
Criminal defense attorneys are as varied as the cases they take. Some have a talent for DWI defense but struggle with assault cases, for example. These are things you should consider when choosing a lawyer from this list.
- Felony vs. Misdemeanor. Misdemeanor cases aren’t always easier than felony cases, and many can result in long jail sentences. Ask a potential lawyer what types of cases they focus on before making a decision.
- Past Results. Before choosing a lawyer, ask what results they have achieved in similar cases. While they can’t break attorney-client privilege, they can talk about case results that are part of the public record.
- Special Circumstances. Some cases involve juveniles, drunk driving, first-time offenders or other special circumstances. Attorneys not familiar with these types of cases may miss opportunities to significantly improve your results.
Fort Worth Criminal Defense Resources
- Federal Public Defender Fort Worth Office: 817-978-2753
- Federal Bureau of Prisons: 202-307-3198
- National Association of Criminal Defense Lawyers: 202-872-8600
- Non-Emergency Police Contact: 817-392-4222
Methodology
To come up with the criminal defense lawyers in Fort Worth of 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How long after being arrested will I be arraigned?
Texas enforces the speedy trial provision of the Sixth Amendment of the U.S. Constitution. After you are arrested, you must be arraigned within 72 hours of the arrest (or 48 hours if you were charged with a misdemeanor).
Will I be arrested immediately after being indicted?
The prosecutor is under no obligation to arrest you immediately after you are indicted. They don’t even need to inform you that you have been indicted.
Many prosecutors will take some time to shore up their case before the arraignment. Typically, arraignments occur between two and four weeks after a grand jury issues an indictment. If the prosecutor believes you might flee, you may be arrested relatively quickly. Otherwise, they may just request that you turn yourself in.
What is the difference between a felony and a misdemeanor?
Some differences between felonies and misdemeanors include how serious the state considers the breach of the law and what penalties can be applied. There are several degrees of felonies and misdemeanors. The penalties for the highest degree of misdemeanor are nearly as severe as for the lowest tier of felony.
Additionally, if you are convicted of a felony, you lose some rights (e.g., the right to vote, although this is restored upon completion of a felony sentence) that you don’t lose if convicted of a misdemeanor.
