A board certified attorney has been approved by the Texas Board of Legal Specialization as a specialist in a particular area of law. In order to become board certified, the attorney must have significant experience in that area of law, have a good reputation with fellow attorneys and judges, and pass a full day examination in that particular area of law.
While licensed attorneys may practice in all areas of law, a board certified attorney in a particular area of law increases chances of choosing a competent and experienced attorney.
What kind of attorney is Mr. Orsburn?
Mr. Orsburn is able and does practice in many areas of law, however Mr. Orsburn is Board Certified in Criminal Law. Criminal Law includes a wide array of areas from traffic tickets to capital murder cases. If Mr. Orsburn does not practice in a particular area of law, then he will assist you in locating an attorney in that area of law.
What is deferred Adjudication?
Many times it is possible for us to obtain deferred adjudication for our clients, either at the lower court level or at the county court level. Deferred adjudication means if you are not convicted of a traffic offense for the number of days the judge sets, the case is dismissed. There is normally a fine and court costs which must be paid before a plea is entered. If we obtain deferred adjudication for you and that is your choice, we will inform you of the amount of the fine and court costs and then we will forward the fee to the Court after we have received it from you.
How does one get out of Jail?
In most cases when a police officer arrest someone, that person is entitled to bail or to be released on a bond. There are basically two types of bonds, a cash bond and a surety bond. In the case of a cash bond, someone puts up cash to secure another's release. The cash will be refunded to the individual putting up the cash upon disposition of the criminal charges.
Unfortunately, most of the time, the cash amounts required are too excessive for an average person to meet within a reasonable amount of time. In these types of cases, a bonding company may be employed to bond out the accused. Typically the bonding company charges 10% to 15% of the bond set by the Judge or Magistrate.
The advantage of a surety bond met by a bonding company is that it requires "lesser up front money." The disadvantage is that the money given to the bonding company is their fee for their services and is non-refundable.
Should you ever need the services of a bondsman, feel free to contact Mr. Orsburn who will refer you an ethical and qualified bondsman.
Why should I use Mr. Orsburn's services on a traffic ticket when I can do it myself?
First, deferred adjudication is not necessarily automatically obtainable. Often the availability of deferred adjudication depends on the courts involved and may require explanation to the court or prosecutors as to why one should deserve deferred adjudication.
Second, through representation of an attorney, often valuable time can be bought to allow time for savings for future fines and court costs.
Thirdly, many people do not like the hassle of having to go to court themselves and enjoy the mere ease of mailing in necessary items and allowing Mr. Orsburn's office to handle the ticket.
Finally, many courts require as a condition of deferred adjudication, that one take a defensive driving course. Often through Mr. Orsburn's representation this requirement can be negotiated out of the requirements of deferred adjudication.
Does a police officer that has pulled me over for speeding have to show me the speed clocked on the radar?
No, the radar is an instrument owned and controlled by the appropriate law enforcement agency that is utilizing it. It is an instrument that the law enforcement agency used to build a case against the one it accuses of speeding. As such, it is legally called "Work Product" of the State and the instruments results are entirely within the control of that law enforcement agency. The law created no duty for the law enforcement agency to turn over the results of an instrument it uses to prove its case.
Can I get a Traffic Ticket dismissed because of a defect on the ticket?
Not usually. Most of the information on the Traffic Ticket is utilized for identification purposes and is considered "surplusage." At the municipal and justice court level, the ticket may be considered as the complaint. If there are any defects in the ticket or complaint, it may be amended, usually for up to 2 years. Therefore, a defective ticket usually will not result in a dismissal.
Do I have to talk to a police officer that stops me?
The only thing the law requires you to do is to properly identify yourself. This may be done orally by giving the officer your name and by producing a valid Driver's License card or a valid Identification card. To all other questions, you may invoke your right to remain silent and refuse to answer any further questions.
Further, if an officer continues to ask you questions, you may request the presence of an attorney during said interrogation.
Do I have to sign a Traffic Ticket when the officer requests me to do so?
You don't have to sign the ticket as long as you don't mind going to jail. The signing of the traffic ticket is like a bond in that an individual insures the court that he will appear in court to dispose of the traffic ticket. Signing a ticket is not an admission of guilt and one should not be concerned about signing a promise to appear in court.
Why do police officers have video equipment in their squad cars?
Police car video cameras began to be installed on a large scale in the late 80's. They were initially used to assist law enforcement officers in proving DWI cases. However, their usage has now been expanded to protect both the citizens and law enforcement officers in video recording of stops and arrests of citizens.
Recently the TexasState legislature passed a law that will require all police squad cars to have video cameras installed. This law was primarily passed to prevent police usage of racial profiling. In the years to come, one should assume that they are being video taped and act accordingly, especially if he/she have induced any alcohol before or during driving.
Can the State of Texas prove an assault case without the victim or without their consent to prosecute?
Yes. If police officers responded and charges of assault are filed, the case belongs to the state of Texas and not to the alleged victim. Therefore, an alleged victim does not control whether a charge is prosecuted or dismissed. This authority rests with the district attorney of the county involved.
In regard to proving its case, the State of Texas may be able to prove its case without the testimony of the victim. The state accomplishes this through testimony of police officers that observed visible injuries and testify to outcry statements made by the alleged victim in relation to the event.
Further evidence utilized by the state includes photographs taken of visible injuries. If the state persuades the fact finder of an assault with or without the alleged victim beyond a reasonable doubt, then it may secure a conviction.
D. Keith Orsburn, Attorney At Law 4234 I 35 N. Denton, TX 76207 940-383-4090 dko@dkoatty.com
