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 enforcement officials.

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.

The Arrest
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 investigation process.

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 charges.

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 a "no-bill."

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.

Trial
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.

Appeal
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 Page."