What You Should
Know About the Criminal Trial Process
Mr. Biederman Provides vigorous representation at every stage
of a criminal case:
The Initial Investigation
Mr. Biederman's practice is to take an aggressive posture as soon
as an individual believes that he or she is a target or suspect
regarding criminal activity.
Unless special circumstances exist, we advise all clients to remain silent when contacted by law
It is natural to believe that you
can convince someone of your innocence or talk yourself out of
the situation. In most cases, however, speaking directly with
law enforcement officials will significantly impair your ability
to present the best possible defense.
In short, do not speak to anyone
about criminal allegations for which you could be a target. Do
not speak to law enforcement authorities without your lawyer present.
If you are arrested, please remember that you have the right to
remain silent and the right to an attorney. These rights can easily
be lost if you are not careful and do not understand the criminal
Please understand that everything
you say WILL be used against you. Investigators often indicate
that suspects will receive better or special treatment if they
will cooperate and speak freely. Everyone should understand that
police officers/investigators have no legal authority to make
agreements that bind the State. Therefore, they cannot make things
better for you after charges are filed. An investigator may also
suggest that an innocent person has nothing to hide and therefore
does not need a lawyer. These are common investigative techniques
used to press an individual for information and cooperation.
Mr. Biederman strongly advises that
his clients not speak with law enforcement officers without the
presence of a lawyer.
The Grand Jury
The grand jury hears evidence presented by the district attorney's
office and then decides whether to issue an indictment. The grand
jury is an independent body, whose functions include not only
the investigation of crime and the initiation of criminal prosecution
but also the protection of the innocent from unfounded criminal
While grand juries are sometimes
described as performing accusatory and investigatory functions,
the grand jury's principal function is to determine whether or
not there is probable cause to believe that one or more persons
committed a certain offense within the venue of the court. A grand
jury has the option to indict or, in the alternative, to return
The grand jury has broad powers to
subpoena witnesses regarding criminal allegations. In fact, once
subpoenaed by the grand jury, an individual cannot refuse to appear.
This power to subpoena witnesses also applies to the suspects
of the grand jury's investigation. While a suspect cannot refuse
to appear before the grand jury, they may, however, refuse to
answer specific questions if the response to that question could
tend to incriminate them.
A witness or suspect called before
the grand jury has no right to have their attorney present during
the proceedings. Therefore, one must be thoroughly prepared prior
to a client's appearance before the grand jury.
Mr. Biederman may also prepare a
"grand jury packet," which may convince the grand jury
to return a "no-bill" or a reduced charge.
Extensive trial preparation is the key to conducting a successful
trial. Once retained to represent a client, Mr. Biederman fully
investigates the facts surrounding the case and all relevant legal
issues that could be raised at trial. Each case is different and
will require a defense carefully constructed to the specific facts
and concerns of the case.
Preparation is the key to success.
An individual convicted of a crime has thirty (30) days in Texas
and ten (10) days in Federal Court, in which to file a notice
of appeal. A good trial attorney is necessary to properly preserve
error for any potential appeals.
Expunction / Motion for Non-Disclosure
This is discussed in more detail on our "Expunction