INFORMATION FOR NEW CLIENTS

 

PLEASE BE ADVISED THAT ALL CURRENT CLIENTS, AND FRIENDS/FAMILY MEMBERS OF CURRENT CLIENTS, MUST COMMUNICATE WITH ME BY TEXT (936-272-0777) OR EMAIL (JOHNPERALTALAW@YAHOO.COM) UNLESS THE COMMUNICATION INVOLVES AN EMERGENCY SITUATION.

SCOPE OF REPRESENTATION

I have been appointed/retained to represent you on certain specific criminal charges. I do not represent you in connection with any other legal matters.

My responsibility is to represent and defend you on your criminal charges. In most cases, this will include meeting with you to discuss the case, conducting any investigation that I deem necessary, reviewing the discovery provided by the prosecutor, engaging in plea negotiations with the prosecutor, filing any motions I deem necessary, appearing on your behalf at any hearings in this case, preparing the case for trial, and defending you at the trial.

Although you have the right to make certain major decisions concerning the case – such as whether to enter a plea of guilty or whether to testify at trial, all other case decisions are left to the attorney to decide – such as matters involving trial tactics and strategy. Please be advised that any actions I take on your behalf are governed by the Code of Criminal Procedure, the Rules of Evidence, and the State Bar ethics rules.

I cannot and will not make any promises or guarantees about the outcome of your case, the sentence that might be imposed or the amount of time you may actually serve if convicted.

RESOLUTION OF YOUR CASE

Criminal cases take a long time to be resolved – often more than a year. Please refrain from frequent requests for an update on your case - I will reach out to you when there is a significant development in your case.

You have the right to a trial before the judge or a jury. You also have the right to plead guilty and accept the State’s plea offer if one has been made – be advised that plea offers may be withdrawn at any time. You also have the option to plead guilty and go to either the judge or a jury for punishment. If you plead guilty you are giving up your right to a jury trial and your right to confront the witnesses against you, as well as many other trial rights.

 I cannot predict how your case will be resolved. Criminal cases can be disposed of in a number of ways:

• Dismissal – outright dismissals are rare.

• Pre-Trial Diversion – this is an agreement between you and the prosecutor – the court is not involved. You confess to the offense, agree to pay a fee, and agree to abide by certain terms for a period of up to two years. In return the prosecutor will dismiss the charges against you. If you violate the agreement, the charges can be refiled, and your confession will be used against you.

• Deferred Adjudication – this is a form of probation in which you plead guilty but are not convicted of the offense. If you successfully complete the offense, the case will be dismissed. If you violate the terms of probation, the prosecutor will file a motion to revoke, and you can be sentenced to prison. You are not entitiled to a jury trial on the motion to revoke. The court can sentence you to any term of years authorized by the statute of conviction. If you successfully complete your deferred adjudication and the case is dismissed, you may file for an Order of Non-Disclosure which prevents public disclosure of your case. 

• Straight Probation – with straight probation you are convicted of the offense when you are placed on probation. If you successfully complete the probation, you are still considered a convicted felon. If you violate the terms of probation, the prosecutor will file a motion to revoke, and you can be sentenced to prison. The maximum term of imprisonment is what was stated in the original judgment placing you on probation. You are not entitiled to a jury trial on the motion to revoke. 

• Sentence to Prison or State Jail – defendants sentenced to prison or state jail get credit for every day they have been detained in jail on the charge prior to conviction. While incarcerated they can receive good time credit or diligent participation credit. 

DISCOVERY

Upon request by the defendant, the prosecutor is required to provide discovery to the defense attorney, which usually consists of offenses reports, laboratory reports, witness statements, photographs, police videos, 911 call recordings, etc. In some counties, discovery is not provided until after the case has been indicted. I typically file a formal discovery request shortly after the case is indicted.

The prosecutor is also required to provide the defense with any exculpatory information in the possession of the State – this includes any evidence favorable to the defendant, any evidence that might be used to impeach a witness for the State, and any evidence that might be used to argue for a lower sentence.

You generally do not have the right to review the discovery in your case. Exceptions will be made when necessary to prepare for trial. Any discovery shown to you must be redacted to remove any identifying information about the victim or any witness in the case. Defendants are not allowed to have copies of any discovery – except for their own written statements. Discovery cannot be disclosed to third parties, such as friends or family members. 

CLIENTS DETAINED IN JAIL

Communications with clients who are detained in jail will be done primarily by mail. I will only visit clients who are detained in jail if there is a reason to meet. I will try to provide case updates by mail from time to time while the case is pending. Please be advised that I typically do not accept calls from jails or prisons. The best way for inmates to communicate with me is to write a letter or communicate with me through a friend or family member. 

COURT SETTINGS

There are usually not any court settings until the case has been indicted. Once the case is indicted an arraignment hearing will be set. The purpose of arraignment is to 1) make sure you have received a copy of the indictment, 2) make sure you understand the charges against you and the range of punishment, and 3) enter a plea of not guilty. I may file a waiver of the arraignment hearing on your behalf.

At the arraignment hearing you will also receive a copy of a scheduling order that sets forth the settings in your case. Usually, the court will set two or more docket calls/pre-trial hearings as well as your first jury trail setting. There is no guarantee that your case will actually go to trial on the first jury trial setting.

If you fail to appear at your arraignment or any other setting in your case, your bond could be revoked, and a warrant issued for your arrest. In addition, you could also be charged with a new felony offense of Failure to Appeal.

In my discretion, I may file a waiver of the arraignment hearing on your behalf. If a waiver is filed there will be no arraignment hearing in your case. Some docket call or pre-trial hearings may also be passed in my discretion.

Clients in jail will be transported to Court for any required hearings. For those out on bond, it is the Client’s responsibility to appear in Court in accordance with the Court’s orders. Typically, the Client will be informed of Court dates by the Court itself, by the bonding company that posted the Client’s bond, or by the Client’s prior receipt of a scheduling order listing the Court dates. Generally, I will only notify Clients of any required court dates who are on bonds posted by me.

KEEP YOUR INFORMATION CURRENT

If you are out on bond, you must provide me with a good phone number and mailing address. If either of these change during the course of your case, please let me know immediately. 

BAIL BONDS

As an attorney I am allowed to post bail bonds for Clients who hire me to represent them. The bond fee I charge is applied to my legal fee. To obtain an attorney bond, Clients must sign written fee and bond agreements and pay a bond fee – usually at least half of their legal fee – in advance. Failure to abide by the terms the fee or bond agreements will result in the filing of a motion to surrender the bond without notice to the client and the issuance of a warrant for the Client’s arrest.

Clients who are held in jail for 90 days or more with no indictment having been returned against them are entitled to be released on a personal recognizance (PR) bond or a surety bond in an amount they can afford. I keep track of these 90-day cases and automatically file a petition seeking the Client’s release if 90 days have passed with no indictment having been returned. If the Client has other charges or holds that would prevent release under the 90-day rule, in my discretion I may decide not to file the 90-day petition.

I typically do not file motions to reduce bond – as this is not a part of my duties in defending the client in the case. 

CONSEQUENCES OF A FELONY CONVICTION

In addition to incarceration, fines and fees, a felony conviction can have other consequences, such as:

• A convicted felon may not vote or serve on a jury or grand jury. These rights, however, may be restored by a judge upon successful completion of a felony sentence and probation.

• A convicted felon cannot vote or hold public elected office.

• Under state law, a convicted felon cannot possess a firearm or ammunition for a period of five years following their release from incarceration, supervision, or parole. After the five-year period a firearm or ammunition may be possessed at the person’s residence.

• Under federal law, a convicted felon may not possess a firearm or ammunition at any time or in any place.

• Some felony convictions, such as those that involving controlled substances or the refusal of a blood or breath test in a DWI case, also may experience the suspension of their drivers’ licenses for a certain period of time.

• Some felony convictions require the defendant to register as a sex offender for, depending on the offense of conviction, either 10 years or for the remainder of their life. 

• Persons holding certain state or federal licenses or certifications may have those suspended or revoked if they are convicted a felony. Convicted felons may be ineligible to apply for certain state or federal licenses or certifications.

• Convicted felons may be ineligible to join the armed forces. Persons currently serving in the military or in the reserve forces may face discharge from service upon conviction for a felony offense.

• Convicted felons may be denied federal security clearances. Persons currently holding federal security clearances may have those clearances revoked upon conviction for a felony offense

• Convicted felons may be required to disclose the conviction on job applications or applications for apartment leases and may be denied job opportunities or leases for that reason.

IMMIGRATION CONSEQUENCES

If you are a permanent resident, a felony conviction will likely lead to revocation of your permanent residence and deportation or formal removal from the United States. If you have a visa, or if you are in the United States without permission, a conviction will also likely lead to your deportation or removal. If you are deported or formally removed from the United States because of this case, reentering the United States without permission is a federal felony offense.

Under federal law, the word “conviction” includes suspended sentences, probation, and deferred adjudication.

If you leave the United States in the future, a conviction in this case may lead to the denial of permission to reenter the United States. This case may also result in the denial of any applications for visas or permanent residence.

Immigration laws can change, and any future changes may possibly apply to your case. If you have any questions, please consult a lawyer, at your own expense, who specializes in immigration law.           

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Si usted es un residente permanente, una condena en este caso posiblemente / probablemente resultará en la deportación o expulsión formalmente de los Estados Unidos. Si usted tiene una visa, o si usted está en los Estados Unidos sin permiso, una condena probablemente resultará en la deportación o expulsión formalmente de los Estados Unidos. Si deportado o expulsado formalmente de los Estados Unidos a causa de este caso, reingresar a los Estados Unidos sin permiso es un delito mayor federal.

Bajo la ley federal, la palabra "condena" incluye la suspensión de pena, libertad condicional y adjudicación diferida.

Si usted sale de los Estados Unidos en el futuro, una condena en este caso puede resultar en la denegación del permiso para reingresar a los Estados Unidos. Este caso también puede resultar en la denegación de las solicitudes de visas o residencia permanente.

Las leyes de inmigración se pueden cambiar y cualquier cambio futuro, posiblemente, puede aplicarse a su caso. Si tiene algunas preguntas, consulte a un abogado, a su proprio costa, especializado en leyes de inmigración.    

PAROLE

Laws governing parole are set forth in the Texas Government Code and change from time to time. Decisions to grant parole are by the Texas Board of Pardons and Parole. I cannot predict when a person sentenced to prison will be paroled. Currently, the law on parole is as follows:

Non-Aggravated Felonies – a defendant is eligible for parole when his time served plus good time credit equal one quarter of the sentence imposed. Good time credit may be lost due to disciplinary infractions committed while in prison.

Aggravated Felonies - a defendant is eligible for parole when his time served equals one half of the sentence imposed, but in no event less than two years. Any defendant sentenced to 60 years or more is eligible for parole after serving 30 years of the sentence imposed. Aggravated felonies are:

(1) First degree felony solicitation;

(2) Murder and Capital Murder;

(3) Aggravated Kidnapping;

(4) Trafficking of Persons;

(5) Indecency with a Child by Contact;

(6) Sexual Assault and Aggravated Sexual Assault;

(7) First degree felony Injury to a Child;

(8) Aggravated Robbery;

(9) Burglary of a Habitation with intent to commit certain sexual offenses;

(10) Compelling Prostitution;

(11) Sexual Performance by a Child;

(12) Use of Child in Commission of a Controlled Substance Offense;

(13) Controlled substance offenses in a Drug-Free Zone if the defendant has a prior conviction for a controlled substance offense in a Drug-Free Zone; and

(14) A deadly weapon was used or exhibited during the commission of a felony offense or in immediate flight thereafter.

Repeat Sexual Felonies - a defendant is eligible for parole when he has served 35 years of the sentence imposed.

Life Without Parole (e.g., Capital Murder cases in which the death penalty is not imposed).– defendants are not eligible for parole..The only exception is if the defendant was a juvenile and the case was transferred to adult court – such defendants are eligible for parole when they have served 40 years of the sentence imposed.

Continuous Sexual Abuse of a Young Child - There is no parole for persons convicted of Continuous Sexual Abuse of a Young Child.

State Jail Felonies - There is no parole in the state jail system. Defendants sentenced to state jail can earn up to 20% off their sentence for diligent participation in prison programs. Whether diligent participation credit will be awarded, and the percent awarded, is determined by the District Court that sentenced the defendant.

Defendants who received consecutive, or “stacked,” sentences must complete the first sentence, or be granted parole on the first sentence, before starting to serve the second sentence.

LEGAL FEES

Persons may retain my services by signing a fee agreement and paying the fee in full or the required initial fee. I generally charge from $5,000 to $10,000 or more for felony cases – depending on the complexity of the case. I offer payments plans to my Clients – typically requiring at least one half of the total fee to be paid up front, with the remainder being paid in monthly payments of $500 each. Clients who retain my services are also required to cover any expenses incurred in representing them, for example, costs to retain an expert witenss or a private investigator. Failure to timely make any required payments can result the filing, without advance notice to the Client, of a motion to withdraw from representing you in the case.

Clients with cases to which I’ve been appointed by a court may also hire me if they or their families have acquired sufficient funds, or they may continue to have me represent them free of charge as a court-appointed attorney. The level of my representation is the same regardless of whether I am court-appointed or retained. 

CONTACTING ME

PLEASE BE ADVISED THAT ALL CURRENT CLIENTS, AND FRIENDS/FAMILY MEMBERS OF CURRENT CLIENTS, MUST COMMUNICATE WITH ME BY TEXT OR EMAIL UNLESS THE COMMUNICATION INVOLVES AN EMERGENCY SITUATION.

I can be contacted by phone or text at (936) 272-0777; by fax at (936) 272-0787; or by email at johnperaltalaw@yahoo.com

Please refrain from calling after normal business hours or on weekends or holidays. Please do not make numerous repeated calls or leave multiple messages. I receive many calls and it may take several days for me to respond to messages.

Meetings are by appointment only at 103 East Denman Ave, Lufkin, TX 75901. I am located in the Deaton Law Firm Building on the corner of Denman Avenue and South First Street in Lufkin.

While I often working in the evenings and on weekends and holidays, my normal business hours are 8:30 to 4:30 Monday through Thursday, and 8:30 to 11:30 on Fridays. The office is closed on federal and state holidays. Please understand that I am frequently away from the office during normal business hours, as I am often in court, working from home, or travelling to another jurisdiction. If I am not in, you can leave correspondence or fee payments with the receptionist.