Can a polygraph be used to help my case?

In some situations, a properly planned and strategically timed polygraph may be useful in grand jury presentations or negotiations. However, polygraphs should never be taken casually or at the request of law enforcement without legal guidance.

If a polygraph is considered, it should be:

  •       Coordinated only through defense counsel (this can preserve confidentiality if the results are uncertain or unfavorable)
  •       Conducted by a qualified examiner selected for strategic reasons
  •       Used as part of a broader defense plan, not in isolation

Taking a polygraph arranged by police or investigators — without counsel — can seriously harm a case. Whether a polygraph is appropriate depends on the facts, timing, and posture of the case.

Do felony cases always go to trial?

No. Many felony cases resolve without trial, even after an indictment is returned.

After indictment, several outcomes remain possible. In some cases, the prosecutor may dismiss the charge or reduce it — including reducing a felony to a misdemeanor. In others, a negotiated resolution may be reached that avoids trial altogether. When cases do proceed to trial, they are typically tried to a jury, though in limited circumstances a case may be tried to a judge if the State agrees to waive its right to a jury trial.

Meaningful outcomes at each stage are often achieved through preparation. Building a case as if it will be tried — through early investigation, motion practice, and evidence development — improves negotiation posture and protects long-term interests. Trial readiness is not about assuming a case will be tried; it is about ensuring that every available option remains viable.

If a case is indicted anyway, does early involvement still help?

Yes. Early investigation and preparation during the grand jury phase helps the defense understand the evidence, identify weaknesses, and prepare the case for trial. That preparation also strengthens negotiation posture and can influence the range of resolution options later.

Can a felony case be stopped before charges are filed?

Yes — through the grand jury process.

In Texas, felony charges must be presented to a grand jury before a case can proceed in court, unless the defendant waives indictment. The grand jury decides whether there is sufficient evidence to return an indictment.

Early involvement by defense counsel can matter at this stage. In appropriate cases, counsel may be able to influence how evidence is evaluated or present information that affects whether an indictment is returned.

If a grand jury no-bills a case, the prosecution does not proceed to court. The case will not be re-presented to a grand jury unless new or additional evidence emerges.

Once an indictment is returned, the case proceeds in the court system. Even then, several outcomes remain possible — the charge may be dismissed or reduced by the prosecution, resolved through a negotiated plea agreement, or tried to a jury, or in limited circumstances, to a judge if the State agrees to waive its right to a jury trial. Acting early helps preserve options and leverage that may narrow once a case advances in the court system.

What should I not do after being arrested?

Do not discuss the case with anyone other than your attorney. Do not contact the alleged victim if a protective order or bond condition restricts contact. Do not delete messages, call logs, photos, or online accounts. Early missteps can be difficult to undo.

Retaining counsel as early as possible also allows proactive steps to begin immediately. Early involvement may include preserving and collecting records, identifying and interviewing witnesses while memories are fresh, running a parallel defense investigation, communicating with investigators or prosecutors through counsel, and addressing related issues — such as counseling or treatment — when appropriate and strategically advisable. Acting early helps protect options and prevents avoidable damage before a case fully takes shape.