If you or a loved one is accused of a violating a criminal law of the State of Texas or the laws of the United States, you need to obtain the services of a knowledgeable attorney who can protect your rights or those of your loved one.

My name is Rafael Leal and defend persons accused of violating the laws of the State of Texas or the laws of the United States of America. I have the knowledge and the experience to defend you or your loved one in both federal and state courts of the charges up to and including jury trial, if necessary. You need to contact my office as soon as you learn that you or your loved one may be the target of an investigation by the federal or state government. You cannot afford to do this alone or with someone who lacks the experience and the motivation to fight for you. The stakes are high when your freedom or that of your loved one is at risk. Call me for an interview. You will be glad you did.

Most citizens know that, the arrest of a person normally starts the process where the citizen accused is confronted with allegations that he/she has committed an offense against the laws of the State of Texas, or the laws of the United States of America.

An officer may arrest a person if he observed the commission of an offense, or if a credible person provides the officer with evidence that a person has committed an offense against the law. In Driving While Intoxicated cases or traffic offenses, the officer actually sees the offense being committed and proceeds to effect the arrest. It is a traumatic experience for most citizens to be accused, arrested and charged with an offense. Whether or not the citizen accused is guilty of the offense, the citizen will have to hire as early as possible the best attorney that the person can afford.

The main consideration at the outset is to obtain the best legal representation you can afford. Keep in mind that not all attorneys are the same, charge the same nor perform the same. Although price is always important it should not be your only consideration when hiring an attorney. Your primary consideration should be the quality of representation you will be getting and not just the price you are paying. It will do you little good to pay very little at the start if you end up with a lot (years, that is).

When the person is stopped and investigated and subsequently arrested, the accused citizen should know that they have no obligation to help law enforcement with the investigation. The Fifth Amendment to the United States Constitution does not require a citizen accused to produce evidence against himself/herself in the first place.

The situation may arise when the citizen is arrested under suspicion of possessing or trafficking in illicit drugs based on information a confidential informant (CI) provided to the police. Typically, law enforcement would set surveillance at the location where allegedly drugs are being transacted to corroborate the information that the CI has told them. Corroboration may be anything that the police can think of as being "consistent" with drugs being sold out of the location, or consistent with other observations made of suspicious behaviors, i.e., traffic in and out of the residence within a short timeframe; suspicious handshakes, etc.

Sometimes law enforcement agents may decide not to apply for a warrant to enter a residence and instead will seek to obtain "voluntary" permission from the homeowner or person in possession of the residence being searched. In cases of warrantless searches, law enforcement would wait until the "suspect" is away from the residence follow him/her if in a vehicle, contact a uniformed police officer to make a traffic stop and wait for the suspect to commit a traffic violation-even if it is minimal violation-and stop the suspect. Once the uniformed police officer stops the citizen, drugs agents appear on the scene, confront the citizen with the allegations--along with evidence they may have accumulated during their surveillance--with the hope of obtaining an incriminating statement from the citizen. Often, law enforcement will search the vehicle for drugs or weapons, or any passengers in the vehicle for their own safety and the safety of the suspects. Law enforcement conducts such vehicle inventories even for relatively small offenses, e.g., switching lanes without turning on the indicator light, or for having no light illuminating the rear license plate.

It is best for the citizen not to make any statements without first consulting with an attorney. You have the right to remain silent. "Use It." Do not under any circumstances talk to law enforcement officers other than to identify yourself and ask for a lawyer.

When asking for an attorney be specific as possible and as assertive as possible every time you are approached by a police officer wanting to interrogate you or even to talk to you. You don't have to talk to them. You don't have to help them out in their investigation. Let them do their job without your help. Let your lawyer determine at a later time if you should cooperate in exchange for a reduced sentence.

You don’t have to agree to a search of your vehicle much less to a search of your own residence. Do not sign a form agreeing to the voluntary search of your vehicle or house. Moreover, tell the adults of your family, or the person you are living with, not to sign either as this may also expose you and them to additional charges. When children are present at the time of the search, some agents would try to put pressure on the person by saying that they will call Child Protective Services (CPS) to come and take possession of your children, if you are not cooperating. Don’t cooperate because you could still be charged and CPS could still come and take your children away anyway. Therefore, it is important not to agree to a search of your vehicle if you are stopped for an alleged traffic violation. Recent court decisions have restricted or limited the ability of law enforcement officers to conduct searches-incident-to-arrest, or search for weapons. This is particularly true if the citizen accused is already in custody sitting in the back of the patrol cruiser with doors locked

There used to be a rule once that when you unambiguously requested an attorney, that police could not keep asking questions once the defendant made the request. However, as the United States Supreme Court continues to erode on the protections the courts and laws once provided their citizens, the courts are siding more and more with law enforcement giving them the benefit of the doubt to the detriment of the people. No longer are the courts the last bastions for protection of the individual rights of their citizens that they once were.

Don't make it harder your lawyer to defend you and easier for the police to convict you.

Call my office if you, or your loved one are facing state or federal drug charges, violations of probation or supervised release, motions to revoke probation, MTR, Driving While Intoxicated, DWI, assault, aggravated assault, aggravated sexual assault, or indecency charges.

Call me as soon as possible. I am ready to help you.