FAQ

Explore Our Frequently Asked Questions

Get the answers you need to navigate your legal journey with confidence.

  • Appeals

    • What does the Court of Appeals do?
      The task of the Court of Appeals is only to determine whether or not the law was applied correctly in the trial court and whether legal errors were made during your trial. In some instances, the legal error could rest on the ineffectiveness of counsel—your trial attorney failed to call a crucial witness, failed to follow up on evidence, or in some other way failed to fully represent you.
    • Is a writ the same as an appeal?
      An appeal is a petition to a higher (appellate) court in an attempt to overturn the ruling of a lower court. A writ of habeas corpus is a directive from a higher court that orders a lower court to take a specific action in accordance with the law. A direct appeal is filed through the appellate court, while the habeas corpus process is filed and managed through the court of conviction. A writ of habeas corpus is often seen as the last resort to legally dispute a conviction and incarceration.

  • Federal Criminal Defense

    • Should I wait to hire an attorney until I know the charges I’m facing?
      In some instances, you may not know you are the target of a federal investigation until you are arrested. However, federal criminal investigations often tend to stretch out over a period of months. You may have a “feeling” you are being investigated, or you may have received a “target” letter notifying you that you are under investigation. Your attorney can often do the most good by advising you during the early stages of the investigation. An experienced Burns & Davis attorney can give you invaluable insights into what to expect and how to behave throughout the investigation—which can make a difference in the ultimate charges. Knowing your legal rights during the investigation can keep you from saying something that could be used against you. Further, if federal investigators want access to documents or other evidence—and have no warrant—your attorney can advise you on whether to provide the evidence.
    • How does a federal criminal defense lawyer help?

      When you choose a federal criminal defense attorney from Burns & Davis, we will do the following on your behalf:

      • Your attorney will immediately intervene in the investigation by the federal government.
      • We will use our knowledge of federal investigations to your advantage, as we are well-versed in federal investigation tactics and prosecutorial strategies.
      • Your attorney will assess your potential exposure, whether that is federal prison time, fines, probation, and/or restitution
      • We will use our knowledge and experience to build a uniquely tailored defense strategy that utilizes constitutional protections, statutory defense, safe harbors, and any other means available
      • As your federal criminal defense attorney, a Burns & Davis attorney will be absolutely prepared throughout each stage of prosecution. From your investigation through the trial, sentencing, and appeal, we will implement the most strategic approach to each stage.

  • Murder

    • Is it possible to defend murder charges?
      While the majority of police and prosecutors are trying to do the right thing, sometimes they just get it wrong. Perhaps the investigation was so focused on you, that other suspect were ignored. Or perhaps you acted in self-defense, yet you are charged anyway. Your rights may have been violated during your arrest, or the entire investigation could have been conducted in a sloppy manner. Your Fort Worth murder defense lawyer from Burns & Davis will be laser-focused on defending you against a murder conviction.
    • What is the difference between murder and manslaughter?
      While many states make the distinction between voluntary and involuntary manslaughter, Texas combines the two. The state will add enhanced penalties for certain aggravating factors in manslaughter charges under Texas Penal Code §19.04. Manslaughter requires that the defendant is shown beyond a reasonable doubt to have recklessly caused the death of another person. Manslaughter, unlike murder, does not require intent. The state of Texas does provide for “intoxication manslaughter”—when a death is the result of another’s impairment by drugs or alcohol.

  • Gun Crimes

    • When is possession of a firearm considered unlawful?
      While a convicted felon or a person convicted of domestic violence may not legally possess a firearm (except under the circumstances listed above), there is another crime in Texas known as “deadly conduct.” Deadly conduct means using a weapon in a dangerous, threatening, or reckless manner. If you point a gun at another person, you could be charged with deadly conduct even if you never fire the weapon—or had any intention of doing so. You are expected to know that brandishing a weapon can potentially pose a danger to others. Of course, actually firing the weapon at another person also constitutes deadly conduct, but with harsher penalties. Firing a weapon in a home, vehicle, building, or other structure—even if no one is inside—is also considered deadly conduct. Brandishing a firearm is usually a Class A misdemeanor offense which can result in up to a year in jail. You could also be sentenced to a term of probation, usually 12 months. Discharging the weapon can be charged as a third-degree felony which can result in a maximum prison sentence of ten years and a minimum sentence of two years.
    • Who can own and carry a gun in Texas?

      As of September 1, 2021, any person who:

      • Is at least 21 years old
      • Has no prior felony conviction 
      • Has no recent conviction for certain types of misdemeanors 
      • Is not subject to an unexpired protective order 
      • Is not intoxicated

      can own and carry a handgun. If the individual was prohibited from carrying a handgun before the new law took effect, that person remains barred from owning or carrying a handgun. The state of Texas does not place restrictions on who can carry a rifle. 

  • DWI

    • What happens after a first DWI offense in Texas?
      It’s important to remember that being arrested for DWI is not the same as a DWI conviction. The penalties listed above are the worst-case scenarios. In most instances, your actual sentence can be below the maximum when you have an experienced DWI attorney who will fight for your freedom and your future. In this case, you could potentially receive probation for a first DWI offense, or the charges could be reduced to reckless driving.
    • Can a DWI be dismissed in Texas?
      Getting your DWI charges dismissed will depend on the facts and circumstances surrounding your arrest as well as the skill and experience of your DWI attorney. Your attorney might be able to identify police paperwork errors soon after your arrest, thus getting key evidence thrown out. Without sufficient evidence, your case will have to be dismissed by the prosecutor. Never plead guilty to a DWI until you have spoken to a knowledgeable Burns & Davis DWI attorney. You need to know all your options including the likelihood of having your charges dropped before you do anything that could jeopardize your future.

  • Assault

    • What is the difference between a misdemeanor and an aggravated assault?

      Aggravated assault in the state of Texas is a felony rather than a misdemeanor, and while it contains the same elements as misdemeanor assault, felony assault contains additional elements such as:

      • A deadly weapon was brandished during the assault
      • The victim suffered serious bodily harm from the assault

      While aggravated assault is usually a second-degree felony, in domestic situations and certain other situations, it can be elevated to a first-degree felony. These situations include:

      • The assault was against an on-duty security officer
      • A member of the defendant’s household is the victim
      • The victim is related to or dating the defendant
      • Either the defendant or the victim is a public servant, acting according to the office
      • The defendant, while in a vehicle, recklessly discharged a firearm at a building, vehicle, or home, causing serious bodily injury to another individual

      If charged with a second-degree felony assault in the state of Texas, your punishments could include 2-20 years in prison and fines as large as $10,000. If charged with a first-degree felony assault, you could potentially be sentenced to life in prison. 

    • Can I be arrested for assault if no one was injured?
      You can be arrested in Texas for misdemeanor assault even if no one was physically injured. Under the law, even a threat or any level of “offensive contact” against another can result in misdemeanor assault charges. Offensive contact can include shoving another person or even brushing up against them in a deliberately sexual manner.

  • Sex Crimes

    • How can a lawyer help with a sex crime charge?
      Being charged with a sex crime in Texas can leave you extremely anxious about your future—with good reason. Once our attorneys are on your case, we will start fighting for you with the fierce advocacy we are known for. You can rest easy, knowing that we will immediately begin an exhaustive search for evidence in your case and that we will build a solid case on your behalf. With more than a decade of positive results for our clients, we never back down—inside or outside the courtroom.
    • What should I do if I’ve been falsely accused of a sex crime?
      It is generally accepted that anywhere from 2-7 percent of sex crime allegations are false. While this is statistically low, if you are the one being falsely accused, it can be a gut-wrenching experience. Never think that because you are innocent you do not need strong legal counsel or that you can simply ignore the charges because you are innocent. Valid or not, the charges will not go away because you are innocent. Hire an experienced Fort Worth sex crimes defense attorney immediately. Don’t talk to the police until you have spoken to an attorney and do write down everything you can remember regarding the time the sex crime was supposed to have taken place.
    • Should I hire an attorney if I’ve been accused of a sex crime?
      There is absolutely no question as to whether you should hire an attorney after being charged with a sex crime. Just being charged with the crime can ruin your reputation and your ability to obtain employment or keep your current job. Hiring a Fort Worth sex crimes attorney from Burns & Davis ensures your rights are protected from start to finish, and that the outcome of your charges will be as positive as possible.

  • Drug Crimes

    • Do first-time drug offenders go to jail in Texas?
      While jail or prison is certainly a possibility even if this is your first offense, your attorney can often make the difference between jail and probation or even jail and having your charges dropped. Your attorney will be able to determine whether there were problems with your arrest, or whether your constitutional rights were violated during your arrest. If mistakes were made, your attorney may be able to have your charges lessened or dropped, or your sentence reduced.
    • Are there programs for first-time offenders to get their cases dismissed?
      Yes. These types of situations can involve a lot of complicated steps. It is best for you to call a Fort Worth drug lawyer to find help you navigate this difficult process.
    • Do I need to hire a lawyer for a simple drug possession case?
      Even a “simple” drug possession charge has the potential to be not very simple at all. You could potentially spend time in jail and pay extremely large fines, even for a simple possession case. This could result in the loss of your employment—or difficulty obtaining employment in the future. You should always speak to an experienced Fort Worth drug crime attorney from Burns & Davis to ensure the best possible outcome for your drug charges.
    • Will I lose my license after being convicted of a drug-related offense?
      All drug convictions result in a license suspension. The attorneys at Burns & Davis know how to avoid a license suspension through years of experience. If you are currently suffering a suspension, we know how to get your license back.
    • Can I get the property that was taken by the police back?
      These takings are often remedied by a process known as forfeitures. If your property was taken call us we can file a forfeiture defense and possibly get your money and property back. You will want to act quickly as a default judgment could result in a total loss of the property.
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