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THE GORDON LAW FIRM, P.C.

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Attorney Stephen H. Gordon
Founder and President of
The Gordon Law Firm, P.C.
5820 IH-10 West, Suite 400
San Antonio, Texas

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WE CAN EXPLAIN YOUR LEGAL OPTIONS TO YOU

          DISMISSAL, PLEA BARGAIN, OR TRIAL

We will explain all your rights and legal options to you. If you hire us, we do whatever we can to get the best possible outcome for your case. If at all possible, we try to get the case dismissed and/or get the charges reduced. If that is not possible, we either set the case for trial, or work out a plea bargain deal for you. Our main concern with any plea bargain is to make sure you do not have to go to jail. Usually we can make sure this does not happen, but there are exceptions for repeat offenders, or particularly serious felony crimes.

          PROBATION - REGULAR VS. DEFERRED ADJUDICATION

In order to avoid a client going to jail, we will often work to get an offer for probation. There are 2 general types of probation - regular, and deferred adjudication. Regular probation ends up with a conviction on your record. Deferred adjudication doesn't (as long as you complete the terms of your probation successfully). It is important to remember that even though you may not have a conviction on your record, that is different from saying that you have no criminal record at all. This distinction is discussed in more detail in the sections entitled "expunction" and "sealing of records."

          SETTING A CASE FOR TRIAL

We may need to set the case for trial if we cannot get it dismissed, or work out an acceptable plea bargain deal for you. Because the courts are so overloaded, it typically takes at least a year to actual get a trial started. You are likely to have to show up to court many different times before the trial begins. Unfortunately, it is very costly to take a case all the way to trial as well. However, sometimes it is necessary when the prosecutor is being very stubborn. Often we are able to get charges dismissed or the plea bargain we want at the last minute by showing the prosecutor that we are ready to go to trial.

GENERAL CLASSIFICATION OF CRIMES

When a person is charged with a crime, it will fall into 1 of 2 separate categories: (1) misdemeanor, or (2) felony. A misdemeanor is for less serious crimes, and a felony is for more serious crimes. The punishment for felony crimes is more severe than for misdemeanors as well.

          MISDEMEANORS

Misdemeanor crimes include offenses such as: assault, criminal mischief, driving while intoxicated (DWI), driving while license suspended, hot checks, possession of marijuana, theft, unlawful carrying of a firearm, etc.

Misdemeanors generally fall into 3 different classes:

1. Class A - Maximum fine of $4000 and 1 year in jail;
2. Class B - Maximum fine of $2000 and 180 days in jail; and
3. Class C - Maximum fine of $500

Although misdemeanors are the least serious of crimes, having a conviction for one can cause serious damage to your future. That is why it is important to consult with a trained professional as soon as possible to begin to plan your defense. We can help you try to keep these types of charges off of your record without a conviction. We can also work to ensure you do not go to jail if you are convicted. This almost never happens to our clients in misdemeanor cases.

          FELONIES

Felony crimes include more serious offenses such as: aggravated assault, burglary, manslaughter, murder, possession of controlled substances, and sexual assault.

Felonies generally fall into 5 different classes:

1. Capital Felony - Death penalty or life imprisonment;
2. First Degree Felony - 5 years to life ;
3. Second Degree Felony - 2-20 years in prison;
4. Third Degree Felony - 2-10 years; and
5. State Jail Felony - 180 days - 2 years

The most important concern with felony cases is keeping our clients out of jail. If you are a first time offender, and did not cause any serious harm to someone, then we can usually get you probation instead of jail. Of course, we always start each case by trying to see if we can get the charges dismissed, or maybe reduced to a misdemeanor. Whatever the options, we make preserving your freedom our top priority.


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