Are You Looking for the Best Midland County Resisting Arrest Attorney?
If you’re looking for the best Midland County Resisting Arrest attorney, then Paul Saputo and Nick Toufexis want to represent you. For Midland County Resisting Arrest cases, our top-rated defense attorneys lead the firm in providing exemplary legal representation.
Midland County Resisting Arrest Attorney FAQs
- How do I get a Resisting Arrest charge dropped in Midland County, Texas?
- What does a Resisting Arrest charge really mean?
- How do Midland County Resisting Arrest defense lawyers beat a Resisting Arrest case?
- How much does it cost to fight a Midland County Resisting Arrest case?
- What happens at a Midland County arraignment?
- How can you modify your Midland County bond conditions after a Resisting Arrest arrest?
- What is the most common sentence for a Resisting Arrest charge in Midland County?
The Saputo Toufexis | Criminal Defense attorneys thrive on serving individuals who are dedicated to achieving the best outcomes. Our clients recognize the value of our legal expertise and want to hire the top attorneys in the field.
We’re not just Midland County Resisting Arrest lawyers. We are warriors fighting unjust and corrupt government prosecutions with a history of success and a reputation for tenacity, courage and legal ingenuity.
In addition to our notable high-profile victories, our history of success also includes inconspicuous representation of numerous high-profile clients. Indeed, many of our biggest wins involved disposing of these cases quietly and out of the sight of the public. As your Midland County Resisting Arrest attorney, we can handle every aspect of your case, both inside and outside the courtroom in Midland.
Our experienced team is here to defend your rights and provide the guidance you need. Don’t navigate the criminal justice system alone. Call us today to take the first step toward your peace of mind and a strong Midland County Resisting Arrest defense.
Contact a Midland County
Resisting Arrest Lawyer
When you are ready to fight your case with us, schedule online or call us at 888-239-9305 to book a free, confidential consultation.
Choosing The Right Midland County Resisting Arrest Lawyer Can Make A Huge Difference In Your Case Result
Why would you hire a former prosecutor? Surprisingly, some people believe that former prosecutors provide some special advantage. However, many of these attorneys seem to quickly push clients to a plea deal. If you really want someone who will fight for you or your loved one, get an attorney who has dedicated their life to protecting the accused.
At Saputo Toufexis | Criminal Defense, we are defense lawyers, first and foremost. We stake our reputation on bringing the fight to the state. We have never worked for the government and never will. Learn more about our team, awards, and some of our victories.
Do you need a Midland County Resisting Arrest attorney? Call us today at (888) 239-9305 to discuss legal representation.
How do I get a Resisting Arrest charge dropped in Midland County, Texas?
In order to get a Resisting Arrest charge dropped in Midland County, you must convince the state that they cannot prove at least one of the elements of the offense as it is defined in Penal Code §38.03.[1] Our lawyers are experts in the Texas law regarding Resisting Arrest, and we leverage our legal knowledge to mount successful defenses to government prosecutions.
Thoroughly understanding both the Resisting Arrest statute and related case law contributes to effectively defending you in court. As part of our practice, we publish and regularly update a statutory resource guide covering all Texas Penal Code crimes. We analyze the Resisting Arrest statute in detail on the Resisting Arrest offense page. We also maintain our expertise by keeping up with the latest case law affecting Resisting Arrest cases in Midland County.
One such case is Mendoza v. State.
Mendoza v. State
In Mendoza v. State, decided on February 8, 2024, by the Texas Court of Appeals Eleventh District at Eastland, Armando Sauzameda Mendoza was convicted of Resisting Arrest in Midland County. The conviction arose from an incident where Mendoza allegedly pulled away from Officer Joel Covarrubio, who was attempting to arrest him following a disturbance at a local bar. Mendoza appealed, arguing that the trial court erred by refusing to include a mistake-of-fact instruction in the jury charge, and contending that the evidence was insufficient to prove he used force “against” the officer, as required for a conviction under Tex. Penal Code Ann. § 38.03(a).
The appellate court found that the trial court indeed erred in not including the mistake-of-fact instruction which could have impacted the jury’s decision, given that Mendoza did not know he was being arrested at the time of the alleged resisting. Furthermore, the court held that the evidence presented, which included Mendoza’s testimony and the officer’s account, was sufficient for the jury to conclude that Mendoza had resisted arrest. As such, the court reversed the judgment and remanded the case for a new trial to address these errors properly.
This case illustrates the complexities involved in interpreting actions as resistance in arrest scenarios, especially when the arrested individual is unaware of the arrest being effected. The decision emphasizes the importance of clear communication by officers during arrests and the need for juries to consider defendants’ perceptions and knowledge of the situation when determining guilt in resisting arrest cases.
What does a Resisting Arrest charge really mean?
The general definition of the Texas charge of Resisting Arrest, according to the Texas Penal Code, is as follows:
(a) A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer’s presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.
Law Enforcement Agencies in Midland County that Make Resisting Arrest Arrests
Peace officers with the Texas Department of Public Safety, constable offices, and municipal police departments can make arrests for violations of Resisting Arrest in Midland County. Law enforcement agencies in Midland County that most typically make Resisting Arrest arrests include:
- The Midland County Sheriff’s Office handles Resisting Arrest cases throughout Midland County, Texas.
- Midland Police Department serves as one of the municipal police departments within Midland County and plays a significant role in making arrests for Resisting Arrest.
How do Midland County Resisting Arrest defense lawyers beat a Resisting Arrest case?
To beat a Resisting Arrest charge in Midland County, Texas, you must utilize due process to confront all witnesses and challenge all evidence. This means disputing reasonable suspicion, probable cause, and all forensic evidence. You can’t win if you don’t fight.
Even if you believe you cannot beat the case, as your Midland County Resisting Arrest attorney, we will look for every avenue to help you. If you want to plead guilty, we must still fight to protect your rights. We want to ensure that the case does not ruin your life. Sometimes the defense strategy requires us to get the best possible result short of a not guilty verdict.
Midland County Resisting Arrest Attorney Case Defense Strategy
Getting the best result in a Resisting Arrest case requires being fully prepared for all hearings and court settings – not just trials. Accordingly, when you hire us as your Midland County Resisting Arrest attorney, we prepare early and thoroughly. As soon as we get on a case, the Midland County District Attorney’s Office knows that we are getting ready for trial. They know that we are going for an outright acquittal.
But the preparation often starts even before the case begins. From the moment that the police initiate an investigation or make an arrest, we have work to do. If you want to win your case, then we must do our own investigation. The state has police and investigators of their own working for them to gather evidence to support their case. We can’t afford to let their evidence stand uncontroverted.
As a client, you will benefit from the investigative resources of the entire law firm. We have a team of dedicated professionals, including paralegals, investigators, and forensic experts. Our attorneys utilize our team’s extensive investigative experience to perform the ground work that makes our cases strong.
How much does it cost to fight a Midland County, Texas, Resisting Arrest case?
Attorney’s fees for a Resisting Arrest charge typically range from $2,500 to $15,000 in Midland County, Texas. You can expect to pay higher attorney fees for more complex cases. Some Midland County Resisting Arrest lawyers may charge much more. But exercise caution when encountering attorneys who offer unexpectedly low fees.
In addition, many lawyers charge extra fees for trial. If you hire an attorney from outside Midland County, sometimes travel fees may apply.
What You Should Do if You Are Falsely Accused of Resisting Arrest in Midland County
Even when falsely accused of Resisting Arrest, it’s crucial to treat the charge with the utmost seriousness. You might hope the state would dismiss the charges due to your innocence. But without skilled legal representation, the case may proceed to trial, where a jury will ultimately make the decision.
If the Midland County District Attorney has charged you with Resisting Arrest, or if you are under investigation for the offense by the police, then you should book an appointment or call us as soon as possible to speak with one of our Midland County Resisting Arrest attorneys.
How can you modify your Midland County bond conditions after a Resisting Arrest arrest?
In Texas, judges wield considerable authority in establishing bail and bond conditions. However, there are instances where judges may impose excessively stringent conditions and unreasonably high bail amounts. If you want to change these bond conditions, start by consulting with your Midland County Resisting Arrest attorney.
Your attorney will file either a motion or a writ of habeas corpus requesting a modification of your bond conditions. The motion or writ outlines the specific changes you are seeking and the reasons for the requested modification.
The judge will ultimately decide whether to approve the requested modifications. They will consider factors such as the nature of the charges, your criminal history, the risk to public safety, and other relevant circumstances. Keep in mind that the judge will base the decision on a careful evaluation of the facts and circumstances of your case.
What happens at a Midland County arraignment?
At your arraignment, a Midland County judge will hear your plea of not guilty. In Midland County, you may not have an attorney at your initial arraignment. However, the court will not hear a guilty plea prior to your being represented by counsel. In addition, the court may also set bail and bond conditions if you have not already received them.
If the police have arrested you for Resisting Arrest, then Texas Code of Criminal Procedure §17.40 requires Midland County judges to “impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community” to secure your attendance at trial. If the state alleges that you violated those bond conditions, then the Midland County Sheriff’s Office can immediately return you to custody. Accordingly, judges have very broad power in determining bail conditions and bond amounts.
What is the most common sentence for Midland County Resisting Arrest charge in Midland County?
The Texas Penal code outlines the range of punishment for all Resisting Arrest convictions across the state. The Penal Code classifies Resisting Arrest as a Class A misdemeanor, but the state can seek a third degree felony enhancement by proving that you used a deadly weapon.
However, the actual punishment you receive will vary significantly based on a number of circumstances, including your prior criminal history and the circumstances of the offense. With this in mind, you can learn about the penalties that apply to all Texas convictions for Resisting Arrest here. Otherwise, to learn more about what kind of punishment is typical in Midland County Resisting Arrest cases, call us to schedule a consultation or book online.
Furthermore, all good Midland County Resisting Arrest attorneys will also advise you on the collateral consequences of a Resisting Arrest conviction. Collateral consequences are penalties derived from convictions that are not necessarily part of the penal code punishment.
About Saputo Toufexis | Criminal Defense
If you want to hire us as your Midland County Resisting Arrest lawyers, then you should probably get to know us!
The Saputo Toufexis | Criminal Defense Lawyers
Paul Saputo and Nicholas Toufexis are partners at Saputo Toufexis | Criminal Defense PLLC and lead the entire trial team at the firm.
Mr. Saputo has practiced throughout Texas in more than fifty Texas state and federal courts and developed groundbreaking innovations in defense strategies and tactics. After graduating from the elite Duke University School of Law, a nationally recognized top-ten law school, Mr. Saputo started his career at Vinson & Elkins. More about Paul Saputo…
Mr. Toufexis is a veteran of the United States Navy and a graduate of SMU Dedman School of Law. He has dedicated his entire legal career to criminal defense, and has been with the firm since law school. Recently named a partner, Nick has achieved exceptional results in and out of court for years. More about Nick…
Awards
Numerous organizations have awarded Mr. Saputo recognition for his outstanding criminal defense work, for example:
- Martindale-Hubbell® AV Preeminent™ Rating
- Recognized by Super Lawyers®
- Consistently recognized by D Magazine in “Best Lawyers” for Criminal Defense
- Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: White Collar practice area.
Paul Saputo was voted one of the Three Best Rated Criminal Defense Lawyers in Dallas
Nicholas Toufexis has likewise received many distinctions as well.
- Recognized by Super Lawyers®
- Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: DWI/DUI practice area.
Victories
The Midland County Resisting Arrest attorneys at Saputo Toufexis | Criminal Defense PLLC have obtained hundreds of victories in complex criminal litigation across Texas. Our victories include Not Guilty verdicts by jury acquittals, directed verdicts of Not Guilty, as well as both conditional and unconditional dismissals.
For descriptions and some details about example victories, visit our page on Notable Victories.
Reviews
One example review from a real client:
Nick did a Great job! Was always available and very professional! I would recommend him and this law firm to any and everybody! If you find yourself in bad situation and don’t think you have a way out! Hit Saputo Toufexis Law Firm and they will go to war for you! Thanks Nick I truly appreciate you and my family thank you!
– Real client review posted on the Saputo Toufexis | Criminal Defense PLLC Google Profile.
See more client reviews and testimonials here.
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