Understanding The Legal Representation For Dallas Criminal And DWI Defense

Criminal defense and DWI defense are two very important legal areas that many people do not understand. The right legal representation is essential in these cases, and it is important to know what to look for when choosing a lawyer. Here we will discuss the basics of criminal defense and DWI defense, as well as what you should look for in a lawyer who specializes in these areas.

What Is Criminal Defense

This is an area of law that seeks to protect those who have been accused of committing a crime from the potential consequences associated with criminal charges. It typically involves a team of lawyers and legal experts who work together to develop a defense strategy for the accused. This strategy can include identifying potential flaws in the prosecution’s case, gathering evidence and witnesses which support the accused’s version of events, and ensuring constitutional rights are respected throughout the legal process.

The goal of any criminal defense strategy is to help the defendant reach a favorable outcome, such as having their charges reduced or dropped altogether. In some cases, this might involve negotiating plea deals, while in other cases it could mean going to trial. With more serious offenses, criminal defense lawyers might look into ways to reduce sentencing or obtain alternative forms of punishment such as community service or rehabilitation programs.

What Is DWI Defense

DWI defense is the legal protocol used by individuals accused of driving while intoxicated (DWI) or driving under the influence (DUI). A DWI charge can be extremely serious, with consequences that may include hefty fines, points against your driver’s license, and even jail time. It is important for individuals facing a DWI charge to understand their rights and build a strong defense in order to protect themselves from a potential conviction.

When building a DWI defense, there are several factors to take into account. One of the most common defenses used in DWI cases is that of reasonable doubt. This defense aims to prove that the individual was not operating a vehicle under the influence of alcohol or drugs at the time they were pulled over. The burden of proof to show intoxication falls on the prosecution, who must present evidence such as blood-alcohol content tests and witness testimony to demonstrate impairment.

What Is The Process Of Being Arrested For A Criminal Or DWI Offense

The process of arrest can be quite complex. Depending on the type of offense committed and the severity of the charges levied against you, the process of being arrested can range from relatively straightforward to much more complicated.

  • Generally speaking, when law enforcement officers suspect that a person has committed a crime, they may place them under arrest. In order to do so, they must have probable cause to believe that a crime was committed and also have evidence linking someone to that crime. If an officer believes that there is enough evidence or testimony linking someone to a crime, they can then take them into custody and begin the process of an arrest.
  • After being taken into custody, an individual will usually be taken to a nearby police station for questioning by detectives. During this time, officers will ask questions about the incident in question and attempt to verify any statements made by those involved with the investigation. After being questioned, officers may formally charge individuals with criminal or DWI offenses if there is sufficient evidence for doing so.
  • In addition to potentially facing criminal charges as part of their arrest, individuals may also have their vehicles impounded depending on their offense type and state laws governing it. Some states also require individuals arrested for certain crimes such as DWI offenses to submit breathalyzer or blood tests at the police station in order to determine their blood-alcohol levels at the time of the arrest.
  • Once formal charges are filed against someone after being arrested for a criminal or DWI offense, they will typically be brought before a judge who will then set bail conditions based on the individual's specific circumstances. If an individual is able to post bail successfully, they are typically released from custody while awaiting trial unless they are deemed as posing a flight risk due to having strong ties outside of the area in which they were arrested or having access to significant financial resources which could aid in their escape from prosecution if needed.

If an individual fails their pre-trial bail hearing and is ultimately unable to post bail successfully, they will be held until their case is heard by the court whereupon a judge will decide whether or not to sentence them for any convicted charges levied against them during their initial arrest proceedings.

What Are Some Common Defenses Used In Criminal And DWI Cases

There are a variety of defenses that can be used in both criminal and DWI cases. These legal strategies are designed to protect the rights of the accused and to protect them from an unfair conviction. Some of the most common legal defenses used in criminal and DWI cases include the following:

Insanity Defense

This is a rare defense but it has been successful in some cases, especially when there is evidence of mental incapacity or illness at the time of the crime. The defense rests on the idea that, due to their mental illness, the accused was not able to understand the actions or the form intended for those actions.


If one person uses force against another person in order to prevent an immediate attack or harm, this can be considered self-defense. In order for this defense to be successful, it must be proven that the accused had a reasonable fear of imminent danger; that they did not provoke or initiate violence; and that they only used as much force as necessary to protect themselves.

Involuntary Intoxication

If someone consumes alcohol or drugs without their knowledge or consent, such as being slipped a Mickey, then they could potentially use involuntary intoxication as a defense if charged with a crime. Involuntary intoxication does not apply when an individual willingly consumes alcohol or drugs knowing what it will do to them and how it impairs judgment.

Coercion Or Duress

Similarly, if an individual was forced into committing a crime under threat of harm from another party, this can also be considered a valid defense against criminal charges. In order for coercion/duress to work as a defense, it must be shown that there was at least some real threat present and that other means could not have been used by the defendant instead of committing illegal activities.


This occurs when law enforcement entices an individual into committing a crime that they would otherwise have no intention of doing. For example, if police offer money in exchange for illegal activities such as drug possession or prostitution, this could constitute entrapment if accepted by the defendant. Entrapment is very difficult to prove but is sometimes successful in getting charges dismissed due to its unethical nature when employed by law enforcement officials.

Statute Of Limitations

Some crimes come with a strict statute of limitation laws which dictates how long after alleged criminal activity prosecutors have before bringing charges against someone for those crimes. If too much time has passed since alleged criminal activity occurred then any charges brought forward can usually be dismissed due to statute of limitations rules being breached by prosecutors attempting those charges.

Alibi Defense

An alibi is simply evidence showing where someone was at any particular time on any given day which provides proof they were somewhere else when the alleged criminal activity took place. Thus providing possible exoneration from any wrongdoing related to those circumstances provided they cannot prove otherwise beyond reasonable doubt via alternative evidence sources such as CCTV footage etcetera, should a dispute arise during trial proceedings over conflicting accusations regarding the same events/circumstances between different parties involved (accuser & accused) during contentious proceedings held within courtrooms throughout United States judicial systems.

How Can A Dallas Criminal And DWI Defense Lawyer Help

When facing criminal charges, it is important to seek out the help of a Dallas criminal and DWI defense lawyer. Here are a few ways in which an experienced lawyer can help:

  • Make sure all your rights are protected: An experienced criminal defense attorney will make sure that all of your rights have been respected throughout the legal process and ensure that you receive fair treatment from law enforcement authorities. Your lawyer will also assess any search and seizure issues, as well as police misconduct or other constitutional violations.
  • Negotiate a plea bargain: A Dallas criminal and DWI defense lawyer can negotiate with the prosecutor on your behalf to get you the best possible outcome for your case. Your lawyer may be able to convince the judge to reduce charges, dismiss some charges altogether, or negotiate a reduced sentence.
  • Advocate for you at trial: If your case goes to trial, a skilled Dallas criminal and DWI defense lawyer will be able to develop an effective strategy for defending you. Your attorney will know the best way to present evidence, cross-examine witnesses, and make opening and closing statements.
  • File appeals: If you are found guilty of a crime or sentenced to jail, your lawyer can file an appeal with the court on your behalf in order to have the conviction overturned or reduced. In certain cases, they may even be able to get your sentence reduced or dismissed entirely.
  • Provide support through the legal process: Navigating the criminal justice system can be stressful and confusing, so having an experienced defense lawyer in your corner can make all the difference. Your lawyer will be able to answer any questions you have about the process, guide you through each step, and provide emotional support during this difficult time.

Contact A Qualified Criminal Or DWI Lawyer In Dallas

If you have been charged with a crime, such as a DUI/DWI in Dallas or the surrounding areas, it is important to contact an experienced attorney for legal help. A qualified criminal defense lawyer can provide you with invaluable advice and assistance during your case.

The attorneys at Fellman Law Office, PLLC are highly knowledgeable and experienced in a range of practice areas, including criminal law, family violence law, and drug charges. They understand that each case is unique, and they take the time to get to know each client so that they can provide them with comprehensive representation tailored to their needs. If you are facing charges related to drinking and driving or other criminal offenses in Dallas, contact them today for a free consultation.