Legal Question in Criminal Law in Texas

I was arrested on assault charges, when i was arrested my Miranda rights were not read to me. The main issue is that my current lawyer did not attend the first court date. So we had to reset it, now I have to wait until May 5th for next hearing...My lawyer is telling me that the prosecutors tried to call the guy that filled charges (which was all a lie and i have a witness), they could not get in touch with him so now I have to wait until the next court date. My lawyer is trying to get me too hire a private investigator to question my witness. what can i do in this situation, continue to pay lawyer $3000 and if it goes to trial it will double... what are my option for a person that has never been in trouble with the law and is graduation in two weeks from college?


Asked on 4/27/11, 5:06 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

If you entered a contract with the lawyer, then you need to follow the terms of it. If you are not satisfied with the lawyer's representation, then you need to talk to the lawyer about the problems and decide if you want another lawyer to take over. If so, go hire another lawyer.

The only remedy about the failure to read you your Miranda rights is that if you made an incriminating statement, that statement will be surprised; nothing more. The case does NOT get dismissed for this.

You can expect resets - they occur all the time in 99% of the cases (except where the defendant pleads guilty on the first setting.)

If your lawyer questions your witness and your witness later changes his story, then you will have no witness to testify to impeach that witness.

Do you want your case worked up for trial, or potentially a dismissal? If so, then there will be resets. If not, or if you don't want resets, then plead guilty.

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Answered on 4/27/11, 7:42 pm


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