Frequently Asked Questions

When a person is arrested or is facing criminal action of any kind, it can be confusing and can leave one feeling helpless or unsure of what to do. Fortunately, by consulting a criminal defense attorney you can find out what rights and options you have, as well as whether legal counsel is even necessary at this point. Guy L. Womack & Associates, P.C. offers a free initial consultation to discuss your matter, and the firm has also listed a few common questions for your convenience.

What's the difference between a felony and a misdemeanor?

Most states break their crimes into two major groups: felonies and misdemeanors. Whether a crime falls into one category or the other depends on the potential punishment. If a law provides for imprisonment for longer than a year, it is usually considered a felony. If the potential punishment is for a year or less, then the crime is considered a misdemeanor. In some states, certain crimes, called "wobblers," may be considered either a misdemeanor or a felony, because under some conditions the punishment may be imprisonment for less than a year, and in other situations, the criminal may go to prison for a year or more.

What is the "presumption of innocence?"

All people accused of a crime are legally presumed to be innocent until they are convicted, either in a trial or as a result of pleading guilty. This presumption means not only that the prosecutor must convince the jury of the defendant's guilt, but also that the defendant need not say or do anything in his own defense. If the prosecutor can't convince the jury that the defendant is guilty, the defendant goes free.

The presumption of innocence, coupled with the fact that the prosecutor must prove the defendant's guilt beyond a reasonable doubt, makes it more difficult for the government to put people behind bars.

Should I get an attorney if I have been charged with DWI/DUI?

Although you are not required to have an attorney, it is a good idea to retain one if you have been placed under arrest, or charged with DUI / DWI, particularly if you have seriously injured or killed another person. DUI / DWI laws are strictly enforced. While there may be some arguments that you can make in your defense, or mistakes that were made by the police, your chance of successfully making those arguments or finding those mistakes is much greater if you have an attorney assisting you sooner, rather than later. Invoke your right to remain silent, and ask to speak to an attorney. If you are faced a DUI / DWI charge, an attorney may be your only hope for avoiding or reducing any penalties or imprisonment you face.

What types of cases does your firm handle?

Guy L. Womack & Associates takes on all types of criminal law matters throughout Texas and federal and military cases nationwide. The attorneys represent defendants in the face of all types of felony charges, including drug crimes, sex crimes, money laundering, assault, federal drug crimes, federal weapons charges, and much more. The firm is based in Houston, Texas.

Contact a criminal defense lawyer at Guy L. Womack & Associates for a free consultation.