Frequently Asked Questions
What does it cost to retain you as my attorney?
My fees vary, depending on a lot of different factors. The most important is the seriousness or complexity of your case. I typically break my fee into two parts. Every client is expected to pay a pretrial fee. That is all you will pay me if I am able to resolve your case without a trial – normally through a plea bargain or a dismissal. If, down the road, we agree that your case should be taken to a jury trial or a bench trial, there will be an additional trial fee. When we sit down and discuss your case during an initial consultation, I will let you know what my pretrial and trial fees will be for your case.
I normally expect full payment of the pretrial fee up-front. In special cases, I may be willing to discuss other payment options.
Do you handle traffic tickets?
No. I prefer to focus my practice on more serious criminal and military matters. On occasion, I may agree to represent existing clients on traffic tickets, especially if they are factually related to an underlying criminal case. I usually refer traffic tickets to a colleague, Virginia Carter, who I trust completely and who always does an outstanding job. Ms. Carter’s office can be reached at (817) 877-5151.
Do you handle appeals?
I do not handle state appeals, but if you need an appellate lawyer for a state case, I can recommend one. I am available to handle appeals of court-martial convictions to the various service courts of criminal appeals, the Court of Appeals for the Armed Forces, or the United States Supreme Court.
I talked to this other guy in jail and he says I can (get my case dismissed)(get a 1244a)(file a motion for discovery). What do you think?
It is foolish to take the legal advice of another inmate in jail. They don’t know what they’re talking about, 100% of the time. And you are putting yourself in a bad position by talking about your case with anyone else in there. Anyone can be a witness against you. Keep your mouth shut and do your own time. If you have questions about the law, talk to your real lawyer. Or any real lawyer.
Why don’t you accept collect calls?
Because in the past, some people have abused the practice, and have now ruined it for everyone. The best way to contact me if you’re in jail is to have a friend or family member on the outside do it. Or you can write me. I usually get mail from the Tarrant County Jail very quickly after it’s sent. If you’re not in jail, sending me an e-mail from this website is an excellent way to reach me quickly.
I’m facing court-martial in California. How can you be my attorney if you’re all the way in Texas?
We will communicate by phone and email while I’m here, and there is a lot I can do to represent you without physically being there. That said, there will likely be certain important occasions that I will need to travel to your location. Any Article 32 investigation or motions hearing, and certainly your trial, will require my presence. I also like to be able to interview witnesses and speak with your convening authority in person, whenever possible. The expenses of my travel must be paid by my client, and this is something we can discuss in advance before I am hired. But the bottom line is that it doesn’t matter where you are. I can arrange to be there.
I’ve heard about lawyers who don’t charge any fees unless they win the client’s case. Can you do that?
What you’re describing is called a “contingent fee.” Contingent fees are often acceptable in civil cases (where people are fighting over money). They are NEVER allowable in criminal cases. Since I only practice criminal law, I never enter into any contingent fee arrangement. Rule 1.04(e) of the Texas Disciplinary Rules of Professional Conduct forbids a lawyer from entering into an agreement for, charging for, collecting, or attempting to collect a contingent fee for representing a defendant in a criminal case.
What’s the difference between probation and deferred adjudication?
Whether you’re on either probation or deferred adjudication, you’re doing the same kinds of things: reporting every month, doing community service, taking classes, etc. But legally, there are two main differences. The first difference (the good news) is that if you successfully complete deferred adjudication, your case will be dismissed and it’s not a conviction on your record. The second difference (the bad news) is that if you mess up your deferred adjudication and get it revoked, then the judge can sentence you to jail or prison anywhere in the possible range of punishment. With straight probation, you’ve got a conviction on your record, but if you get your probation revoked, the judge can’t give you more jail time than the amount of your original sentence.