Lakeway, TX Criminal Defense Law Firms & Lawyers

In the event the defendant is convicted of any charge, the court will have no choice but to revoke the defendant's probation and make the suspended sentence executory. However, in light of good time calculations and/or other work release programs usually made available to defendant?s convicted of misdemeanor charges, the actual time served will be about half of the suspended sentence. It should also be noted that the defendant should be given credit for any and all time already served from the date of the initial arrest to present.

My advice is no, you should not. If you are a suspect in a criminal investigation, you should remain silent until you have consulted with an attorney. Many innocent suspects in criminal investigations mistakenly agree to take a lie detector test believing that the test is very accurate and will clear them of wrongdoing. This is not the case. Passing a polygraph test is not a guarantee that you will no longer be under suspicion for the crime. On the other hand, should you fail the test, even though your failure will not be admissible in court, it could prejudice you substantially in the eyes of law enforcement and the prosecutor. Most state courts, including those in Texas, where you live, do not allow polygraph evidence to be admitted for any purpose. This is because from a scientific standpoint, the polygraph has not been shown to be sufficiently reliable. While some studies conclude the test is accurate, others show that it is no more reliable than the toss of a coin. Approximately 20 states allow polygraph evidence to be admitted if certain conditions are met. The United States Supreme Court has considered the issue of whether an automatic rule against admission of polygraph evidence violates a defendant\'s Fifth or Sixth Amendment rights to present a defense and decided that it does not because the test is not sufficiently reliable. Instead of counting on a polygraph to clear you, I suggest you retain the services of an experienced criminal defense attorney in your area who can advise you of the best way to refute the accusation against you.

The only time Miranda rights come into play is if you are subjected to custodial interrogation.? If you make inculpatory statements in response to custodial interrogation, those statements are subject to being suppressed, but the case goes forward.