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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