Law Office of James McCalla

One of the most commonly charged offenses is Driving While Intoxicated (DWI/DUI). It is expensive and can cause major disruptions in your life. Depending on the facts of the case and previous convictions, charges can range from a Class “B” misdemeanor to a felony offense. Punishment for a first offense can be as much as a $4,000 fine and up to a year in jail. Injuries or deaths that result from the DWI complicate the case even more.

​In many situations a person has only 15 days from the date of the arrest to dispute a license suspension, so it is important to act quickly. Technical issues with breath samples and blood draws, as well as the subjective nature of a field sobriety test makes an experienced attorney a necessity when defending DWI cases.

Drug Possession or Drug Paraphernalia

Drug possession or drug paraphernalia charges can range from a Class “C” misdemeanor to a first-degree felony.  The level of the offense depends on the type of drugs involved, the amount, and any prior criminal or drug possession history. An experienced criminal defense attorney can challenge the arrest or seizure of the drugs, which can often result in a reduction of the charges or an outright dismissal. 

​On top of any criminal charges, the government may try to seize any items or money found during (or after) the arrest and claim that those items are contraband and subject to forfeiture. The Law Office of James McCalla can help fight illegal seizures and forfeiture actions by the government, but there maybe limited time to challenge the forfeiture, so it is important to act quickly. 

Juvenile Matters

Charges against juveniles (those under age 17 at the time of the offense) are handled in juvenile court and operate under a different set of rules and procedures. The Juvenile Justice system is a quasi-criminal system, which combines elements of civil law and criminal law. Despite the child’s age, any criminal charge brought against a juvenile can have lasting consequences and can include placement in a treatment facility. 

When a child is referred to the Juvenile Justice system, a child’s parents are also expected to attend court settings and be involved in any rehabilitation that may be ordered by the Court. Despite their age, the child has rights and protections under Texas Law and the United States Constitution. 

Theft

Theft charges can range from a Class “C” misdemeanor to a first-degree felony. The charge depends on a number of variables including the dollar amount of what was allegedly taken, did the suspect enter a home or was a weapon involved. Common charges include shoplifting from a store to burglary of someone’s home.  

Theft charges often include an initial interview between the accused and law enforcement or loss prevention officers. In order to have a successful defense, it is critical to speak with an attorney before speaking to anyone about the case. If a law enforcement officer wants to speak with you, ask to speak with an attorney before answering any questions. If you want to speak with an attorney, the police must allow you to contact an attorney. Don’t forfeit your rights. 

Appeals
An overlooked area of criminal law is appealing a conviction. An appeal can challenge a conviction on various grounds and seek to have the conviction overturned or amended. Rules and procedures for appeals are completely different from the trial setting, especially the deadlines for filing an appeal, so it is critical to seek out an experienced appellate attorney. Many convictions are overturned on appeal, but only if you fight.

​Changes in laws and procedures may give a client an excellent opportunity to fight their case in the appellate arena. Do not give up important rights and challenges to the evidence just because a judge or jury said “Guilty.”  Call today to find out if your case can be challenged at the next level.

Representation in Lawsuits
When a business is a party to a lawsuit, it is imperative to be represented by a skilled attorney. Lawsuits can be long and expensive, but often times they can be resolved quickly and economically. An experienced attorney can evaluate the case based on the evidence and the position of the parties involved, and then develop an economical and sound legal strategy that best supports the client’s goals.