James M. Warner has managed felony matters, as both a former prosecutor and defense attorney; therefore, in these sensitive cases, which have the potential of imprisonment should the accused be convicted, Mr. Warner's experience and trial skills are invaluable to your defense. An accused person must be cognizant and aware that a felony conviction will permanently remain with them, appearing on professional background checks and searchable on websites available to the public. Not only are felonies damaging to an individual's professional reputation and employment opportunities, but they carry the following harsh penalties or range of punishments:
- State jail felonies: six (6) months to two (2) years in state jail.
- Third degree felonies: two (2) years to ten (10) year in the Texas Department of Corrections.
- Second degree felonies: two (2) years to twenty (20) years in the Texas Department of Corrections
- First degree felonies: five (5) years to life in the Texas Department of Corrections
- Capital murder: life in the Texas Department of Corrections or death.
Mr. Warner is also qualified to represent those indicted as habitual offenders or repeaters.
Given that many felony offenses carry mandatory jail sentences, it is important to have aggressive representation from the outset. Mr. Warner is familiar with the relevant law, applying to all felony offenses, so that he will pursue your rights from the bail or bond hearing to your pretrial and trial appearances. Sometimes, cases may be resolved prior to law enforcement questioning, an arrest or indictment. Because Mr. Warner is proactive in representing his clients, you can be confident that his energy and efforts will be devoted to preventing the filing of charges against you, whenever possible.
Mr. Warner handles expunctions and petitions for non-disclosure of criminal arrests and records, so that a party may clear his or her criminal background. Generally speaking, when misdemeanor charges are dismissed, or when the accused is acquitted, then the accused can have the record of the arrest and prosecution removed from his or her record. Again, with some exceptions to the general rule, if a felony matter is dismissed, prior to indictment, or there is an acquittal of the accused, the record of the arrest and prosecution may also be eliminated. If expunction is not available of criminal records, Mr. Warner will seek a non-disclosure order from the court. If you received deferred adjudication on some felony and misdemeanor offenses, a new law allows you to have those records sealed from public access. Some misdemeanors require five years to elapse from the end of the period of deferred adjudication, while felonies require ten-years to expire, prior to having your records sealed. These are general rules; however, if you have a matter that may be eligible for either an expunction or sealing of records, Mr. Warner will examine your criminal records, and seek the appropriate remedy to assist you in beginning your life again, clean of a criminal background that may serve as a detriment for future employment.
Mr. Warner also represents parties, who have been charged or are the subject of a motion to revoke probation. The motion to revoke probation is a formal document setting out how, when, where and why you allegedly violated probationary conditions. Mr. Warner will review the motion to revoke with you, designating the most effective defenses to the allegations.