For Parents of
Defendants
1. Will this go on
my son's/daughter's record?
2. Should I hire an
attorney or bail my son or
daughter out of jail?
3. My child "did
it" so shouldn't we just accept
the punishment and plead guilty?
4. If I pay for the
attorney, do I get to discuss
the case and make the decisions
for my son or daughter?
I am often contacted by a
defendant's parents. The arrest
of your child is a traumatic
process. I am glad to answer
your concerns. Here are some
common questions I receive.
Many parents struggle internally
with the decision to help their
son or daughter when faced with
a criminal charge. Many parents
who choose to let their kid work
it out on their own and accept a
court-appointed attorney later
regret that decision. A criminal
conviction can often ruin
someone's life. I encourage all
parents to take an active role
in helping their son or daughter
find an attorney that has
experience with the type of case
at hand and that has a solid
reputation in the community.
1. Will this go on my
son's/daughter's record?
Great question. Criminal
convictions can affect
employment, federal benefits,
admittance to certain
educational institutions, all
loans, the ability to own or
lease a home/apartment, child
custody, and the ability to
obtain certain licenses.
Additionally, alcohol or drug
cases can also result in a
drivers license suspension. I
work to minimize, if not
eliminate, these consequences in
every case.
I make every attempt to resolve
the case in a manner that will
qualify your child for a Motion
of Non-Disclosure or an
Expunction. Most criminal
charges are eligible for
deferred adjudication. This
means that if the defendant
completes probation (without
getting revoked) the defendant
will not be convicted of that
offense. Your child's record
would then contain an arrest but
no conviction and the case may
be eligible for a Motion of
Non-Disclosure. If the case is
dismissed or the defendant is
found not guilty then the case
may be eligible for an
Expunction. If there is plea of
guilty, it may not be possible
to remove this offense from your
child's record.
2. Should I hire an attorney
or bail my son or daughter out
of jail?
A lot of parents are torn
between making bail and hiring
an attorney. Every parent wants
their child out of jail.
However, when you have to choose
between bail and an attorney you
are facing two problems, a short
term incarceration problem and a
longer term legal problem.
The short term problem is that
your child in jail. This is
unbearable for many parents, as
having a child incarcerated is
not easy. Hiring a bail bonds
company is the quickest way to
make bail. An attorney can file
motions to get the bond reduced,
but that takes time. However,
spending your money on bail does
not solve the longer term legal
problem- which is the criminal
case.
For serious felony offenses, I
strong recommend hiring an
attorney first. Your child may
end up spending more time in the
county jail initially, however,
hiring an attorney early can
help avoid a long jail sentence
when the case is resolved.
Additionally, if jail time is
required as part of the
resolution, your child will get
credit for time served and may
spend less time in jail on the
back-end.
3. My child "did it" so
shouldn't we just accept the
punishment and plead guilty?
Absolutely NOT! The criminal
justice system is a horrible way
to teach your child
responsibility. The criminal
justice system is a blunt tool
that is organized to maximize
revenue (fines etc) and handle
the largest number of people.
Even if you believe your child
is guilty you need an
experienced lawyer to protect
his/her future.
4. If I pay for the attorney,
do I get to discuss the case and
make the decisions for my son or
daughter?
I must inform all parents that I
can not share certain
information with them. I
represent the defendant, even if
the parents pay for the legal
fees and are responsible for
hiring me. I always keep parents
informed of court dates and
other important case
information. However,
attorney-client privilege will
prevent disclosure of protected
information. Parents must
realize that if they talk with
their child about the case those
conversations are NOT
privileged. Parents may be
subpoenaed and forced to testify
in court. I will work to make
sure that this doesn't happen.
AND, ultimately, the important
decisions in the case must be
made by the client, the one that
is charged with the crime.
Gilbert G. Garcia, has practiced
Criminal Law since 1978 and has
been Board Certified in Criminal
Law since 1989. The Gilbert G.
Garcia Law Firm is the logical
choice to represent you in your
criminal case, providing the
quality legal services you
deserve in your most important
matters.
Free initial consultations and
reasonable fees. Personal
payment plans available and most
major credit cards accepted.
Many issues are able to be
handled via e-mail, phone calls
and fax and after hours and
weekend appointments are
available upon request to meet
the needs of each client.
Conveniently located on the
Montgomery County Courthouse
square since 1983.
For more information on Parents
of Defendants Contact Gilbert
Garcia today at 936-756-3333.
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