Former Prosecutor Fighting For Your Rights
Free Advice: How to find the best criminal lawyer in Houston.
Choosing a Houston Criminal Defense Attorney
Within the complex Texas criminal justice system, a criminal defense attorney can serve as your guide, your protector, and your confidante. Once you have a skilled criminal defense attorney on your side, he or she will investigate your case, thoroughly research the facts, and (with your agreement) negotiate a deal with the prosecutor on your behalf. Such a deal could include reduced bail, reduced charges, and reduced sentencing. This type of deal-making has increased significantly in importance as a result of political and public pressure, overloaded court calendars, and overcrowded jails. And wouldn’t you want the very best negotiator on your side if you were facing criminal charges and the potential loss of your freedom?
Your criminal defense attorney will also examine witnesses, help you formulate a plea that is most beneficial to you, carefully analyze the prosecutor’s case, assess the potential sentences you could face—and the likelihood of a specific judge handing down each potential sentence—determine whether your rights were violated in any way, gather evidence, and carefully build your defense. There simply is no substitute for a highly qualified Houston criminal defense attorney who will aggressively fight for your rights and your future. For all these reasons, choosing your Houston criminal defense attorney could potentially be one of the most important things you will do after you have been charged with a criminal offense. It is important to carefully consider the following points when making your selection:
- Does the Texas criminal defense attorney you are considering have experience with your specific charges? Of course, you want a criminal defense attorney who has experience—it would simply not be smart to trust your future to an attorney who had never argued a criminal case or negotiated a plea. But even more, you want an attorney who has real experience with the specific crime you are charged with. Think about it—perhaps you are considering a criminal defense attorney who has many years’ experience defending shoplifters. He or she might be an amazing criminal defense attorney who has a high success rate in this area. But if you are charged with murder, this is not the criminal defense attorney for you. You need a Houston criminal defense attorney who has dealt with the specific charges you are facing—someone who knows more than the “book learning” about your case, and someone who has defended individuals facing the same charges you are facing. Anything less will be a disservice to you and your future.
- Does the Texas criminal defense attorney you are considering have experience in your local courts? You might be surprised to find out just how important it is that your attorney is known in your local courts—and have the respect of judges and other attorneys. When your attorney has had significant experience with the judge you will face, or the prosecutor you are dealing with, he or she also knows the best methods for reaching those people, which translates into the best method of helping you with your charges. Further, each court has unique staff and unique procedures. When your attorney is well-familiar with these, you will garner a major advantage in your case.
- Is the fee structure transparent? You do not want to end up owing much more than you expected, therefore, a transparent fee schedule is essential. If the attorney you are speaking to quotes you a very low fee—beware. On the other hand, choosing the most expensive attorney does not necessarily make him or her the most qualified. It is important that the attorney fully explain his or her fee structure, and that you are provided a written contract with a retainer that clearly spells out the contractual terms of your relationship.
- Does the Texas criminal defense lawyer you are considering have reviews? If so, are they largely positive? Most people spend more time reading the Amazon reviews for a product they are considering than they do reading the reviews for a Houston criminal defense attorney they are considering. Do your research! Read reviews and testimonials from former clients on the attorney’s website, then check the ratings on Avvo.com. It could also be helpful to check review sites such as Yelp and Google to get a good idea of what past clients thought about the attorney’s skills, experience, and abilities.
- Does the Texas criminal defense lawyer you are considering have positive results to share with you? Ask any attorney you are considering about positive past results. While the attorney cannot give you specific names, he or she can talk to you about clients with similar cases, and the results of those cases. Would you really want to hire an attorney to defend you on assault charges when that attorney had lost the majority of his or her assault cases?
- Do you feel like you can effectively communicate with your criminal defense attorney you are considering? Communication is important in virtually every aspect of your life and is particularly important when speaking about your criminal defense attorney. Going through the criminal court process is going to be extremely stressful for you and for your family. You want to ensure your attorney can thoroughly answer your questions in a way you can understand. You also want to know if your criminal defense attorney will be reachable—i.e., will your phone calls and emails be promptly attended to, or will you end up feeling like you are facing the criminal charges on your own?
- Do you feel like the criminal defense attorney you are considering actually cares about the outcome of your case? When considering this question, think about your “gut reaction” to each attorney you speak to. While it should not be the only consideration, it should definitely be among the top considerations. Does the attorney seem responsive and respectful? Do you feel as though he or she understands what you are facing and will work hard on your behalf?
- Remember, there are no guarantees, and if your attorney guarantees you a certain outcome, you should be wary. Of course, you want an attorney who is optimistic about your chances and willing to fight for your future, but when you throw a prosecutor, judge, and jury into the mix, no criminal defense attorney can guarantee you a positive outcome. As your case unfolds, many new things may come to light so your goal is having someone who can adapt to those changes and quickly respond with arguments that are favorable to you.
This may literally be one of the most important decisions you will make in your life—with your freedom on the line, you need to know you are in the most capable hands. It is clear that having solid legal representation is always the best option for those facing criminal charges—and Nathaniel Pitoniak offers experience, skill, aggressive representation, and compassion for your situation.
Client Review – Nathaniel is an incredible lawyer and I couldn’t be more grateful for his services!
I was contacted by law enforcement that I was under investigation for a violent felony, a very surprising and confusing thing for me to discover. At our first meeting Nathaniel was able to explain the investigative and trial process, present a solid defense strategy and timeline, and answer all of the questions and concerns I had. Having never been under investigation or had any run-ins with the law previously, I had a LOT of questions.
Nathaniel worked very fast and thoroughly in preparing my defense, was in constant communication with me throughout the process, and was available at any time to discuss the case. He was able to present my defense to law enforcement and intervene before the investigation was even concluded. His defense for my case was so effective that charges weren’t even filed! I can’t be more grateful to Nathaniel for his hard work and expertise in handling my case and getting a result I couldn’t have imagined when I was first contacted by law enforcement. Hopefully I’ll never need a lawyer again, but if I do I know I’ll call Nathaniel. – C.N.
Accused Of Domestic Violence In Houston? What You Need To Know
The Importance of Acting Quickly When You Have Been Criminally Charged
Free Advice: How soon should you hire a criminal lawyer?
There is no overstating the importance of speaking to a Houston criminal defense attorney as quickly as possible once you have been charged with a criminal offense—or even sooner if you suspect you may be charged with a criminal offense. While you may hope your charges will go away on their own, it virtually never happens, and it is not a good idea to hide your head in the sand. The police will not put their investigation on hold while you find an attorney, so time is of the essence. You will likely have a bail hearing, and it is crucial that your attorney is at this hearing to argue your right to post a reasonable bond and to be released pending trial.
Bail is denied in extenuating circumstances, depending on the nature of the crime, as well as whether you have a prior criminal history. If your bail is denied, you could find yourself behind bars for a considerable length of time. Despite your right to a speedy trial, the courts are chronically backed up, and the old adage about the wheels of justice turning slowly are absolutely true. If you are denied bail because you did not have a criminal defense attorney by your side to argue your case, you are starting your case at a deficit, making it more difficult for your attorney to do his or her job. If you are charged with a criminal offense, act quickly. Contact Nathaniel Pitoniak to ensure your rights are protected and you have a better chance at a positive outcome.
What Types of Criminal Offenses Could I Be Charged With?
The Texas Code of Criminal Procedure provides for a wide array of criminal offense charges, all of which carry penalties designed to impact a person’s life and their future. Being investigated or charged with a criminal offense can be overwhelming and leave you feeling hopeless, as though all the odds are stacked against you.
Having a skilled and experienced professional dedicated to advocating for your rights, however, can make a major difference. This is precisely what the Houston criminal defense lawyer at the Law Office of Nathaniel Pitoniak do best: tirelessly fight for your rights and protect you from charges in every way possible. Contact our firm now for a consultation.
We focus on the entire scope of criminal offenses in Texas, including:
Assault
Many people are not aware that to be charged with assault, no physical contact is necessary.
Of course, an individual can be charged with assault after inflicting injury on another person, but it is also possible to be found guilty of assault if an individual threatens bodily harm or causes another person to believe that physical harm is imminent. The thread connecting all assault charges is that the offender acted knowingly or intentionally.
There are many offenses that fall under the category of assault, such as aggravated assault and domestic violence, making this a common criminal charge in Texas. In the same breath, there are also a variety of defenses that can be called upon when fighting an assault charge. The Law Office of Nathaniel Pitoniak has the experience and knowledge necessary to take on all forms of assault charges in Texas, minimizing the legal consequences for those accused of assault crimes.
Child Endangerment
Child endangerment or abandonment occurs when a person exposes a child to an “unreasonable” risk of harm. This harm can take the form of death, bodily injury, or impairment (physical or mental). In Texas, child endangerment is a felony offense and can result in significant jail time, fines, and loss of rights if convicted.
Credit Card Fraud
Referring to the unauthorized use of another person’s credit, debit, or other payment tool, credit card fraud is a state jail felony offense that can result in up to two years in prison and lofty fines of up to $10,000. There are numerous strategies that a criminal defense attorney can use to defend against credit card fraud accusations, however, including mistaken identity and lack of intent.
Drug Crimes
An umbrella term that encompasses a variety of offenses, drug crimes are taken seriously in Texas. Depending on the circumstances of the offense and the type of drug involved, the penalties for drug crimes vary greatly – from long-term prison time to steep fines. There are strategies available to lessen charges or dismiss the case altogether, depending on the strength of the criminal defense. Founded by a former chief prosecutor, the Law Office of Nathaniel Pitoniak understands how to identify pitfalls in the case and achieve the best outcome for those charged with drug crimes in Texas.
Driving While Intoxicated
More commonly known as a DWI, driving while intoxicated has become a much more serious offense in Texas. If you have been found to be driving with substances – alcohol or drugs, or both – in your system, you can be charged with a DWI. The penalties for DWI offenses are becoming increasingly more severe, including jail time, fines, and revocation of license, and limitations on foreign travel. Having a skilled Houston criminal attorney in your corner can help reduce or eliminate these consequences altogether.
Fraud
Many offenses are included under Texas fraud laws, including forgery, deceptive business practices, and counterfeiting, among others. Being charged with fraud can result in serious legal consequences depending on the circumstances of the alleged offense. The penalties for fraud charges range from misdemeanors in the most minor situations to first degree felonies in the most serious cases. An experienced fraud defense attorney can help navigate these charges and ensure that your rights are upheld at every step.
Gun Crimes
Texas has many laws on the books specifically relating to gun crimes in the state, and penalties for many other offenses are heightened if a gun is involved. While there are no laws in Texas that require a permit to purchase or own a firearm, there are specifications on how and where a gun can be carried, stored, and transferred between owners. Seeking the assistance of a skilled defense attorney can make a major difference between facing jail time and reducing the penalties for gun crimes.
Misdemeanors
While less severe than felony charges, misdemeanor offenses can still result in jail time and multi-thousand-dollar penalties. Regardless of the severity, having a misdemeanor charge on your record impacts the way you navigate employment, educational admissions, and residency moving forward. While difficult, it is possible to have misdemeanor charges expunged from your record in certain circumstances. An experienced expungement attorney can help you navigate this process and wipe your record clean.
Murder
As the most serious criminal offense that a person can face, seeking legal counsel when faced with a murder charge is critical. Murder falls under the umbrella of criminal homicide, in which there are four different types of charges. All criminal homicide charges are felony offenses with penalties including jail time and thousands of dollars in fines, further underscoring the importance of seeking representation.
Organized Crime
To prove organized crime, it must be shown that three or more individuals were working together to commit criminal acts. Under this standard, it is possible for a person to be charged with organized crime on top of other offenses. While this can greatly disadvantage an accused individual, it is possible to use overcharging to your benefit when creating a defense. An experienced Houston criminal defense lawyer at the Law Office of Nathaniel Pitoniak can discuss this at greater length in a consultation.
Sex Crimes
As a broad category of criminal charges, sex crimes are taken very seriously in Texas. There are a variety of sex crime charges that a person can face, including child pornography, sexual assault, indecent exposure, prostitution, and rape, to name just a few. Being convicted of a sex crime seriously affects a person’s life and the social stigma that surrounds such convictions only heightens the impact. Finding an attorney who you trust and who understands the unique complexities associated with sex crime charges is essential.
Free Advice: What to do if you’ve been falsely accused of a sex crime.
Theft Crimes
Theft crimes range from shoplifting and possession of stolen property all the way to unauthorized use of a vehicle and theft of trade secrets. Depending on the type of crime and the nature of goods stolen, theft crimes can result in either misdemeanor or felony charges, along with jail time and steep fines. There are many ways that a person can commit theft under the law; it is not always as simple as stealing the belongings of another person. Given the complexities of these crimes, it can be beneficial to have a Houston criminal attorney in your corner to advocate for your rights and fight for the lowest possible charge.
White Collar Crimes
A catch-all term referring to crimes that are financially motivated, white-collar crimes include offenses like embezzlement, fraud (including PPP loan fraud), money laundering, and computer crimes. Commonly, these crimes involve some sort of deception, and the consequences for these offenses are coming more and more severe. It is no longer regarded as a mere slap on the wrist – rather, white-collar crimes can result in incarceration and significant financial penalties for those convicted.
- Read Our content on arrest in Harris County
What are the Consequences of a Criminal Conviction?
Of course, the penalties you may face for your criminal offense can vary widely, depending on a wide variety of factors. You could spend time in jail or prison, be placed on probation, pay extremely high fines, and/or be sentenced to a mandatory drug and alcohol program. As if those penalties were not enough, you could also experience one or more of the following consequences:
- You could lose your reputation in your community or with family and friends;
- You could potentially lose your right to ever own a firearm or vote;
- You could be left with a permanent criminal record which could make it extremely difficult to obtain employment;
- You could lose your driving privileges;
- You could find yourself unable to obtain a federal student loan for college;
- You could be unable to obtain a professional license you have worked hard to obtain, or
- If you are not a citizen of the United States, you could be deported, denied naturalization, or denied reentry into the country.
The difference between misdemeanor and felony charges as far as penalties go is that for a misdemeanor, if you are incarcerated it will be in jail, while for a felony, you may spend time in the state penitentiary. Felony convictions are simply more serious, all the way around.
What about state vs. federal charges? The vast majority of criminal prosecutions are for violations of state law, therefore, are prosecuted in state court. Federal criminal laws are generally tied to a federal or national issue such as interstate drug trafficking, federal tax fraud, mail fraud, wire fraud or any crime committed on federal property. Some criminal offenses such as bank robbery or possession of child pornography can be prosecuted in either federal or state court. On a practical level, federal sentencing is usually harsher than state penalties for the same or similar crime. Federal drug crimes, in particular, carry harsh mandatory minimum sentences. Those convicted of a federal crime and sentenced to prison will be held in federal prison, rather than a state penitentiary.
The Process of Criminal Charges in Houston
Texas law enforcement and prosecution attorneys must follow a specific set of laws and procedures while charging a person with a criminal offense. The outcome of this process will vary greatly depending on the nature of the charge and the defense strategies utilized. Regardless, if you are charged with a criminal offense in Houston, there are certain uniform actions that you can expect.
Investigation of Criminal Activity
If you are suspected of criminal activity, the police will begin an investigation. During this investigation, the police will work hard to gather evidence against you, with a goal of convicting you of a criminal offense. If there is sufficient evidence to meet the low standard of probable cause, an arrest is possible.
What is Probable Cause?
As it relates to criminal law, probable cause refers to the idea that a reasonable person could believe, based on the circumstances, that a crime is being committed, has been committed, or is going to be committed. In Texas, this is the standard that must be met for law enforcement to make an arrest. This is a low standard, requiring just slightly more than mere suspicion, but bypassing the need for evidence that would justify a conviction.
Arrest
Many people are familiar with the arrest process through watching TV shows and movies. The real event is not much different. Law enforcement will place you in handcuffs, state that you are being arrested, and take you to the relevant holding location. Silence is your greatest weapon when being arrested, as law enforcement and the prosecution will undoubtedly use your words against you when building a case.
Free Advice: What to do after an arrest in Houston.
Arraignment and Bail
After a person is arrested and booked, they will appear at an arraignment. Here, the judge will detail the reasons for the arrest and any charges brought against you. In some cases, a person may be released on bail. The decision to allow for bail depends on a variety of factors, based on the likelihood that a person will return for their court hearings. It should be noted that bail is not a fine or a penalty, rather it is an assurance that a person will return for the remainder of their case proceedings. The bail amount will be returned to the person upon completion of their trial.
Preliminary Hearing
At this point, the prosecutor must show there is probable cause. Eventually, a plea bargain may be offered—to reduce charges, drop some of the charges, or agree to a lesser sentence in return for your plea of guilty. If an agreement is not reached, you may demand a jury trial. Most criminal cases do not reach trial, primarily due to the benefits afforded by seeking a plea bargain. Plea bargains offer the chance to negotiate and reach an agreement that satisfies both the prosecution and the defense. There are specific benefits of plea bargaining, namely:
- Avoids the time and expenses associated with going to trial
- Guarantees a predictable and agreed upon outcome, whereas the outcome of trial is uncertain
All individuals charged with a criminal offense have the right to legal representation and the right to hire their own counsel. This right is guaranteed under the Sixth Amendment of the United States Constitution. There is good reason for this, as a person’s livelihood is on the line when facing criminal charges, and skilled legal counsel can make a significant difference in the outcome of a case.
An experienced Houston criminal attorney can help you decide whether a plea bargain or jury trial is in your best interests. At the Law Office of Nathanial Pitoniak, we can negotiate the terms of your plea bargain, keeping your interests at the forefront of all decision making. As skilled litigators, we also have the capacity to tirelessly fight for your rights in trial.
Outcome of Charges
There are three different ways that criminal charges can be brought against a person, namely:
- Indictment: if a grand jury finds a person guilty of a crime, and votes to bring charges against them, then they will be charged through an indictment.
- Filing by prosecution: the prosecuting attorney can file information stating that the crime has been committed or is alleged to have been committed. In the case of plea bargains, a person will typically plead guilty to a lesser charge or to one of the many charges brought against them, and the prosecution will recommend this bargain to the court.
- Citation: in the case of minor offenses and petty misdemeanors, law enforcement can issue a citation.
There are different consequences for different criminal offenses. For felony offenses, jail time and steep fines are typical. Misdemeanors, while less severe, can still result in incarceration and fines of several thousand dollars. In some cases, it is possible to negotiate felony charges down to a misdemeanor, which can greatly impact the outcome of a case.
Having knowledgeable and diligent legal counsel fighting for you is essential and can make a major difference in the penalties that you will face as a result of criminal charges. Having the choice of legal representation is powerful, and it is important to select a defense attorney who you can trust and who will fearlessly advocate on your behalf. In the end, the outcome of your criminal charges will depend on the crime you are charged with, the strength of the evidence, whether proper procedures were followed by law enforcement, and the experience and skills of a Houston criminal defense attorney.
Hiring the Best Criminal Defense Lawyer Even If You’re Innocent
According to FBI crime statistics, in 2018, the number of violent crimes across the nation decreased 3.3 percent from the previous year. The estimated rate of violent crime was 368.9 offenses per every 100,000 inhabitants. Property crimes also dropped by 6.3 percent. Crimes reported in the “violent” crime category include murder, non-negligent manslaughter, rape, robbery, and aggravated assault, as well as property crimes such as burglary, theft of a motor vehicle, arson, and larceny-theft. The FBI estimated that across the nation, some 10.3 million arrests were made by law enforcement (excluding traffic violation arrests).
Few of us ever expect the day will come when we are dialing the number of a Houston criminal defense attorney—yet many will find themselves doing just that. What is certain is that virtually everyone finds being charged with a criminal offense a frightening, anxiety-inducing experience: perhaps you made a mistake in life and actually committed the crime you are being charged with; maybe there were extenuating circumstances; or you may be innocent altogether of the criminal charges you are facing. There are many instances in which a person could be blamed for a crime they did not commit such as, the instance where law enforcement were so certain they had the right person for a crime that they failed to do a thorough investigation to find the actual perpetrator.
You may believe you do not need a Harris County criminal defense lawyer if you are innocent of the charges. That can be a very dangerous belief. According to the Chicago Tribune, it is actually not that difficult to convict an innocent person. The rate of wrongful convictions across the United States is estimated to be between 2 and 10 percent. While this may not sound that high, if you apply those percentages to a prison population of more than 2.3 million, the numbers are truly staggering. Once an innocent person is convicted, it is a near-impossibility to have them released from prison. The Innocence Project has secured the release of 349 innocent men and women over the past twenty-five years—20 of whom were on death row.
These statistics show that even if you are innocent of the crime you are being accused of it is imperative that you have an experienced, aggressive criminal defense attorney who will fight hard for your rights and your future. Whether you are innocent, guilty with extenuating circumstances, or you simply made a one-time bad decision, our current justice system will place you at a significant disadvantage. Not only will you face a jury that may be quick to presume guilt, along with a prosecutor with substantial resources, you are unlikely to walk into a courtroom with a level playing field unless you have a strong legal advocate by your side. For all these reasons, it is extremely important that you have an experienced Houston criminal defense attorney like Nathaniel Pitoniak by your side.
In the end, any person can commit a crime, whether willfully or not. In many cases, one bad decision to do something, that seemed harmless at the time, can result in serious criminal penalties. If the results of your crime could potentially be incarceration, it is critical that you have a solid, highly skilled Houston criminal defense attorney fighting for you. If your criminal offense is classified as a violent crime, it is even more important. Victims of violent crimes understandably want justice, and public outrage can have significant influence over a prosecutor, judge, and jury. Nathaniel Pitoniak will work with you in negotiations with the prosecutor to determine whether you could benefit from a plea bargain. Do not confuse a plea bargain with simply pleading guilty in order to have the entire thing over and done. They are not remotely the same. When you have a strong criminal defense attorney negotiating for you, he or she will be working toward lowered charges and lesser penalties.
When it comes to sentencing, you will find yet another reason you need a strong Houston criminal defense attorney who has the capacity to discover potential mistakes made by law enforcement, including violations of constitutional rights or misapplied laws that could provide you with the leverage you need to escape conviction. Further, as American citizens, we are guaranteed specific freedoms and rights. Unless you have a legal education and experience as a criminal defense lawyer, you simply cannot know what an experienced criminal defense attorney knows. Nathaniel Pitoniak is an experienced, knowledgeable Harris County criminal defense lawyer—the lawyer you need, right now, today, to be the advocate in your corner who will fight for justice on your behalf. Do not try to handle Houston, Texas criminal charges on your own, contact Nathanial Pitoniak today.
Contact Houston Criminal Defense Attorney Nathaniel Pitoniak Today!
If you have been charged with a Houston criminal offense, it is imperative that you immediately secure experienced legal representation. Nathaniel Pitoniak has the experience necessary to aggressively fight your criminal charges. Do not wait—the sooner attorney Nathaniel Pitoniak is on your case, the better outcome you can expect. Contact the Law Office of Nathaniel Pitoniak today!
