Criminal Defense FAQs: Know Your Rights, Know What to Expect

Always be respectful but exercise your right to remain silent. You are required to identify yourself. After that, stay silent and ask for a lawyer. Do not answer questions or consent to any searches. Calmly tell the officer, “I want to speak to an attorney.” Police officers are skilled in convincing people to open up and talk. This only results in self-incrimination, even if you think you have said nothing wrong. Stay silent and then contact CMK Defense right away.

Yes, especially if you’re innocent. Innocent people get charged and even convicted more often than most people think. A good defense attorney protects you from missteps, exposes weak evidence, and helps prevent wrongful convictions.

We defend adults facing both felony and misdemeanor charges, including assault, drug offenses, family violence, DWI, sexual assault, and federal cases.

Possibly, but it depends on the facts of your case. Dismissals can result from weak evidence, constitutional violations, successful pretrial motions, negotiations, or participation in certain programs. We’ll explore every option and give you honest feedback.

You have the right to remain silent, refuse searches, and ask “Am I free to go?” You also have the right to record police in public spaces (as long as you don’t interfere). Always identify yourself when asked. Giving a false name can lead to charges.

Felonies are more serious crimes that carry longer prison terms and higher fines than misdemeanors. These are heard in district courts. In Texas, the punishment range for felonies is as follows:

• State Jail Felony – 6 months up to 2 years in State Jail, maximum fine of $10,000
• Third Degree Felony – 2 years up to 10 years in prison, maximum fine of $10,000
• Second Degree Felony – 3 years up to 20 years in prison, maximum fine of $10,000
• First Degree Felony – 5 years to 99 or life in prison, maximum fine of $10,000
• Capital murder – life in prison without parole or death penalty

Class B and Class A misdemeanors are resolved in county court, while Class C misdemeanors are heard in Justice of the Peace Courts or Municipal Courts. Class B and Class A misdemeanors can lead to jail time, a permanent record, and immigration consequences. The range of punishment for misdemeanors is as follows:

• Class A Misdemeanors: up to one year in jail, maximum fine of $4,000
• Class B Misdemeanors: up to 180 days in jail, maximum fine of $2,000
• Class C Misdemeanors: fine up to $500

Unless your case qualifies for an expunction or non-disclosure, it may remain on your record. We can help you determine whether your record can be cleared or sealed.

Yes. We handle jail releases, bond hearings, and writs of habeas corpus. If your loved one is in custody, call us right away. We act quickly to help secure their release whenever possible.

Fees vary based on the type of charge and the complexity of your case. Misdemeanors may start at $3,500. Serious felonies and federal charges can cost significantly more. We’re transparent about pricing and will always explain what to expect.

We’re not a volume shop. We take fewer cases so we can go deeper and fight harder. We’re trial-ready, strategic, and not afraid to challenge the system. We speak Spanish, we listen, and we never stop fighting for our clients. We really care about our clients and getting them the best outcome is our priority.