Kevin W. Boyd FAQs

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Immigration FAQs

What types of visas are available to me and my family?

If you want to come to the U.S. temporarily, then you will need a non-immigrant visa. There are also family visas, work visas, fiancee visas, student visas, business investor visas, travel visas, and so on. Our legal team will help you to understand what is best for your situation.

How long is my green card valid?

A green card is first issued and is valid for 10 years.

My visa is expired. What should I do?

You will need to contact our immigration attorney and we will sit down with you and review your situation. We will help you to determine what the best course of action is based on your situation. Be sure to act fast so you do not risk getting deported.

I am trying to move my family to the U.S. but we need to talk with an attorney who speaks Spanish. Could you help?

Yes! We are a bilingual law firm, speaking both English and Spanish fluently. We will be happy to help you!

Criminal Law FAQs

Are there attorneys available for individuals accused of crimes who cannot afford one?

According to the U.S. constitution, individuals are entitled to representation from an attorney. You have the right to use your own lawyer or the court can appoint one for you. Since a lot of defendants are unable to pay for their own attorney, many states have public defenders.

How can I get the court to appoint an attorney for me?

You will need to ask the court to appoint an attorney, and you also will need to provide details about your financial situation that prove you are unable to pay for your own legal counsel.

Should I have an attorney at my arraignment hearing?

Not necessarily. Your arraignment hearing will basically consist of you entering a guilty or not guilty plea. Most defendants claim a not guilty plea, and then the court sets up a date for the next hearing for your case, and he or she may consider bail requests that you may have. If you are unable to afford an attorney, this is also the time when one may be appointed to you.

What are the different types of felonies?

There are several different types of felonies which can be committed, including the following:

Capital Felony

These types of felonies are punishable by death or life in prison without parole. Murder would be an example of a capital felony.

First Degree Felony

This type of felony could result in life in prison of 5-99 years of imprisonment and a fine of up to $10,000. Sexual assault to a child would be an example.

Second Degree Felony

These types of felonies are punishable by up to 2-20 years in prison, and a fine of up to $10,000. Serious aggravated assault crimes against a family member or friend would be an example.

Third Degree Felony

This is a felony that is punishable by up to 2-10 years of prison time, and a fine of up to $10,000. Possession of marijuana or cocaine would be an example.

State Jail Felony

There are some felonies that are identified as a crime, but the particular degree of the felony cannot be determined. In these cases, an individual could be facing 180 days to 2 years worth of jail time along with a fine of up to $10,000. This kind of felony could involve theft of a firearm, for example.

What are the misdemeanor classes?

In the U.S., misdemeanor charges vary from state to state. Take a look below to learn more about the different classes that misdemeanors can fall into in the state of Texas.

Class A Misdemeanor

This is a crime that is punishable by up to 1 year in jail or a fine of up to $4,000 – or both jail time and the fine. An example of this kind of crime would be prostitution or pimping of an individual.

Class B Misdemeanor

This is a crime that is punishable by up to 180 days in jail or a fine of up to $2,000 – or both jail time and a fine. An example of this type of crime would be possession of 2 ounces of marijuana or cocaine.

Class C Misdemeanor

This is a crime that is punishable by a fine of up to $500, and no jail time is required for this class. An example of this kind of crime would be petty theft of less than $50 in cash or material goods.

Bail Bonds FAQs

What is a Bond?

A bond is an amount of cash a judge will require you to post after he or she has looked at your criminal history to see if you are a moderate risk, flight risk, or a danger to the community.

After I am arrested, how long will it take to be booked and processed, and ready for a bondsman to post my bail?

The booking process time can vary depending on how busy the jail is at the time, and what kind of crime was committed. For example, if you were charged with a DUI, you are required to be kept in the jail until the time when your alcohol content level drops to a certain level.

How long is someone accountable for a bond?

Our bail bondsmen are responsible for the defendant for as long as they have upcoming court date trials. After the case has been decided, the bond becomes void or canceled.

The individual posting the bond is responsible for paying the 10% fee on the bond as well as the full amount.

Can the bail bondsman arrest me?

Yes.

What is expected of me if I have a bond?

You must show up on time for your scheduled court appearance(s).

Should I represent myself in a criminal case?

No, it is not recommended that you attempt to represent yourself. Criminal cases can be serious, and you will need the professional help of an experienced legal professional to provide you with the counsel you need for your particular case to help with lessening the severity of your charges.

What should I expect when I hire a criminal defense attorney?

The attorney will help you to better understand the charges being filed against you, and will also help you to better understand the possible outcomes of your situation. The attorney will also have a solid understanding of the local, state, and federal laws that apply to your case.

If I have a misdemeanor charge, should I just plead guilty?

No, not until we determine if you are guilty on an acceptable plea negotiation.

Does my criminal record matter when it comes to new charges?

It depends on how long ago the charges were from and what they were for. It is in your best interests to mitigate your previous criminal record, but we understand that there are things that can come up. We are here to help you better understand your options and what kind of punishment you may be facing for new charges.

Can I talk with the prosecutor directly?

Sure, but it isn’t a good idea. The prosecutor isn’t working with you; he’s working against you. You are best represented by a professional criminal defense team.

Are you able to give me a price quote over the phone for your services?

Under some circumstances, yes. But it is recommended that you come to our office for a consultation to speak one-on-one with our legal team.

DWI FAQs

What is BAC?

BAC stands for blood alcohol content. This is the amount of alcohol that is found in someone’s body. It’s measured by the weight of the alcohol in the blood. A breath analysis or “breathalyzer” test can be used by law enforcement officials to determine what your BAC levels are.

Do I have the right to speak with my lawyer before I give any samples?

It depends on the state you are in. In some states, it is your right to have the ability to speak with an attorney before you do any breath, blood, or urine tests. In other states, the law enforcement officials can arrest you for refusing to comply.

Do I have to take a field sobriety test?

Generally, the answer to this is yes, and it will involve a series of tests to help the law enforcement official to determine if you are intoxicated or not. It includes breathalyzer tests,  walking the “imaginary” line, and counting the number of fingers being held in front of you, etc.

What do DWI laws apply to?

Cars, vans, trucks, motorcycles, and boats.

What are the penalties for DWI?

It depends on whether this is your first offense or not. Some typical penalties include: fines, substance abuse classes, community service, suspension of your license, point charges on your license, felony convictions, or jail time.

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Austin, TX 78701

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