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Criminal Law

Defense in Texas Criminal Court

If you or a family member has been arrested for a crime, you will have a lot of concerns. You will be worried about your future and your family's future. A criminal conviction can result in a harsh consequences including jail or prison. Most criminal convictions will result in a permanent criminal record and could affect your ability to rent an apartment, drive your car or even be hired for certain jobs. If you are an immigrant, a criminal conviction may result in deportation.

If you are under investigation or you have been arrested for a crime, you need to know your options. You need someone on your side. Dale Heisch will fully represent your interests. Do not speak to the police without an attorney present. If you are arrested or accused of a crime, the most important thing you should do is remain silent. It is your right under the United States Constitution to have legal counsel present when you are questioned by the police. It is very important that you obtain the advice of qualified counsel as soon as possible — before you ever talk to the police. The Fifth Amendment of the United States Constitution ensures that you cannot be compelled to incriminate yourself. That means the police cannot force you to make a statement. However, many people who are accused of a crime confess because they do not seek the advice of a lawyer. Don't make that mistake! Anything you say to the police can and will be used against you in a court of law. Call before you say anything during a police interview or interrogation — even if they tell you that you are not a suspect! Remember, you have the right to remain silent. The police may try to trick you into a confession.

If you or someone you know has been charged, or expects to be charged with any of the following crimes, contact the Law Office of Dale Heisch:

  • Felonies
  • Misdemeanors
  • Driving While Intoxicated (DWI)
  • Driving Under the Influence (DUI)
  • Assault
  • Domestic Violence
  • Possession of Controlled Substances - Drugs
  • Marijuana
  • Theft
  • Shoplifting
  • Theft by check
  • Weapons
  • Guns
  • White Collar Crimes
  • Fraud
  • Food Stamp Fraud
  • Administrative License Revocation Hearings
  • Occupational Driver’s Licenses
  • Non-Disclosure – Sealing of Records
  • Numerous other crimes

Put Dale Heisch on Your Side

Everyone is entitled to a strong defense. We’ll be sure you get one. We chase every lead, go to the scene on every case, and talk to every witness. Preparedness like this can result in lesser charges or pull a plea bargain from a prosecutor, avoiding a jury trial.

Call our Tarrant County criminal defense lawyers: (817) 808-6353.

Tarrant County Diversion Programs

Tarrant County has a number of diversion programs available for those accused of crimes. These programs are alternatives to prosecution which work to remove certain defendants from traditional criminal justice processing into a program of supervision and services. Defendants are separated from much of the harsh consequences of the traditional criminal justice system. Each diversion program has different requirements and each program has a different result. However, all of the programs have application deadlines so do not delay in hiring an attorney and applying for the appropriate diversion program.

  • Deferred Prosecution Program (DPP) – Most young offenders with no previous criminal offenses are eligible to apply for this diversion program.
  • First Offender Drug Program (FODP) – Program for offenders with drug offenses and it is their first criminal offense.
  • Domestic Violence Diversion Program – Program for those accused of violence between intimate partners.
  • Youthful Offender Diversion Alternative Program (YODA) – Program for young offenders charged with assault against a non-intimate family member.
  • Felony Alcohol Intervention Program (FAIP) – This is a program, post adjudication, for high risk repeat felony DWI defendants.
  • Veterans Court Diversion Program – Veteran are removed from the traditional criminal justice system to provide them with services for a law abiding lifestyle.
  • Mental Health Diversion Program – Defendants suffering from a mental impairment are removed from the traditional criminal justice system and given special services.
  • Reaching Independence through Self-Empowerment Program (RISE) – Women who are accused of prostitution can be helped to live a productive, drug-free, lifestyle.

Probation Violations

If you are on Deferred Adjudication Probation or Regular Probation, the Probation Officer may request a warrant if you are suspected of violating conditions of Probation. A Probation revocation begins with either a Motion to Revoke Probation for defendants on regular Probation or a Motion to Adjudicate for defendants on Deferred Adjudication Probation. These motions will list the alleged Probation violations. A warrant for arrest will be issued.

Common reasons for a Probation revocation are:

  • Arrest for a new offense
  • Failing drug tests
  • Not reporting to Probation Officer
  • Not completing required classes
  • Not completing community service

Probation violations only have to be proven by a preponderance of the evidence standard, not beyond a reasonable doubt. Preponderance of the evidence is a much lower standard. The Probation revocation hearings are held in front of a judge, not a jury.

If you are placed on regular Probation then your original sentence contains the maximum number of years in prison you can be sentenced. For example, “5 years in prison, probated for 5 years.” In this example, the longest sentence you can receive on a Probation revocation would be 5 years in prison.

However, deferred adjudication probation has the complete range of punishment. In that case there is no set amount of years set as your maximum punishment. If you are on deferred adjudication probation and your probation is revoked, you are eligible to get the maximum punishment available by law.

Probation violators may be able to post bond for release. On a deferred adjudication revocation, you are usually entitled to have a bond set. The judge will require that all Probation fees and court costs are paid up to date before setting a bond. Once a bond is set, then a bondsman can post your bond and you will be released from custody until you have your Probation revocation hearing. Unfortunately, persons on regular Probation may be held with no bond. However, a judge will sometimes set a bond on regular probation violations as well. Dale Heisch can help you have a bond posted on your probation violation.

Probation revocation hearings are much more difficult to win than criminal trials. It is important that your attorney has experience fighting these cases. Dale Heisch has much experience in Probation and Parole revocation hearings.