Criminal Defense
Practice Details

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Criminal Defense Details

You need aggressive legal representation! The attorneys at Todd E. Tkach, P.C. have the experience and expertise to effectively resolve your case.

Selecting a criminal defense attorney can be a difficult decision. We would like the opportunity to demonstrate to you our commitment of dedication, trust, tenacity, integrity, and ability. We never forget how a criminal charge can dramatically change your life. Investigation and a complete understanding of the facts of each case are essential to winning. We take the time to fully understand what your case involves so that you can make informed decisions and we can develop a strategy to win!

We handle all types of criminal cases, misdemeanors and felonies, including DWI, Assault, Assault - Family Violence, Drug Possession, Theft, Burglary, Fraud, Weapons Charges, Credit Card Abuse, Evading Arrest or Evading Detention, Criminal Mischief, Probation Violations, Robbery, Criminal Trespass, Forgery, Expunctions, Nondisclosures and all other criminal charges.

Some cases can be resolved through plea negotiations with a prosecutor, while others may need to go trial. Whatever the circumstances are, we will fight to protect your rights! We will hold the police accountable for their actions and the mistakes they may have made. We will aggressively negotiate with the prosecutors for the State of Texas and will fully explore all options to provide you with the most effective legal representation.

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We Can Help at Every Stage of a Criminal Charge

You should always hire legal counsel for any outstanding criminal charge as soon as possible. The earlier we are retained, the more options we may have, both strategically and tactically, that could possibly quickly end the case or end with a better result.

Prior to Arrest and/or After Arrest

Sometimes, law enforcement will call a suspect to inform them that there is an outstanding warrant for their arrest and instruct them to turn themselves in. When we are involved at this stage, it may be possible to stop a criminal charge before an arrest is even made.

Jail, Detention and Bond after Arrest for a Criminal Charge

Even if arrest is inevitable, we can offer tremendous help and support. First, there is the issue of your rights, which can be waived after you are arrested. We will counsel you about all your rights and provide instruction on how to proceed after arrest. Second, we can likely reduce the amount of time you are locked up during the initial arrest with instructions and assistance on bonding out of jail. Third, we can likely reduce your expenses incident to arrest and release from jail.

Arrest and Your Rights

After Charges are Filed

After law enforcement completes its’ investigation of a criminal charge, it forwards all evidence to the District or County Attorney. If the evidence is sufficient and proper, the county prosecutors can either file a Complaint, if it’s a misdemeanor charge, or pursue an Indictment from a Grand Jury, if the charge is a felony. At this point, legal representation can be extremely valuable. In some felony cases, we can submit a “Grand Jury Packet” to the jurors with our evidence for their consideration. If the evidence is strong enough, the Grand Jury may “No Bill” or refuse to charge the case. In that event, the case is over; you won!

Each County/District Attorney has unique processes, procedures, and guidelines for pursuing criminal charges. With a qualified attorney who is familiar with the procedures of a particular county, your case could be over before it starts.

How a Criminal Case Begins in Our Justice Systems

During the Discovery Phase

If criminal charges are ultimately filed, the case will be set for successive “announcements.” The first announcement or setting starts the “Discovery Phase” of a criminal case. Prosecutors are required by law to disclose all evidence they have against a Defendant to the Defendant’s attorney. It is this phase in which most of the work on a criminal defense case is performed. We continue our investigation and gather evidence relevant to the case. After receiving all of the evidence, including evidence received from the prosecutors and any evidence we can obtain ourselves, we will weigh the strengths and/or weaknesses of it and begin to prepare a strategy. We may also file any number of motions seeking a dismissal of the charges or a narrowing of the evidence. Eventually, the case will proceed to a final announcement setting, at which a decision must be made to either accept a plea agreement or set the case for trial. This is a critical point of any criminal defense case and should not be done without competent legal counsel.

Trial of a Criminal Charge

If the decision is made to proceed to trial, the first decision is whether to have “Bench Trial” or a “Jury Trial.” The difference is that, with a jury trial, a panel of jurors are chosen, who will, after hearing the evidence, determine the facts and the verdict of the case. With a Bench trial, the judge makes those determinations. The factors to consider in deciding whether to have a Bench Trial or a Jury Trial include, the nature of the charge, the demeanor and credibility of the Defendant, the county in which the charge is pending, the particular court in which the case is pending, and the specific tendencies of the judge who will be trying the case. This is a decision that should not be made without experienced legal counsel who is familiar with the area of law and the court.

Many other decisions will need to be made for a trial of a criminal case, including whether the Defendant should testify. The 5th Amendment allows all Defendants to remain silent and refuse to testify, but is it wise to do so in any particular case? Which witnesses should be presented? Do we need experts to testify? These are all very important decisions that should be made by someone who is vastly experience with criminal defense. Your liberty interest is at stake. Get the necessary help form a proven professional.

Experienced Legal Counsel is Necessary

When you choose Todd E. Tkach, P.C. to represent you, we will take immediate action to either get you out of jail, lift any warrants or start the Discovery and Strategic planning phase of your case. We will quickly investigate the facts of your case and obtain all evidence from the State and any other potential sources. In reviewing the evidence, we pay special attention to whether there was an illegal stop, illegal search, whether the evidence was collected properly, and whether the evidence was tested properly. After reviewing the evidence, we will then draft and file any necessary motions to suppress evidence or dismiss the charges.

Once the investigation is complete, we develop a strategy for our meeting with the prosecutor to obtain a dismissal or a favorable plea offer on your case. Throughout the process, the attorneys with Todd E. Tkach, P.C. will discuss the potential ramifications for each option you might want to pursue, whether it be accepting an offer for a reduction, probation, or requesting a jury trial. Our number one goal with any criminal case is to get your case dismissed and to make this process as stress free as possible. We are here to serve you and will use every resource at our disposal to achieve the best possible result.

Don’t wait. Call us now for a free consultation and case eval