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The Lorenzana Law Firm, P.C. - Austin, TX
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The Lorenzana Law Firm, P.C. - Austin, TX
Elias Lorenzana

6836 Austin Center Boulevard
Suite 140
Austin TX 78731
(512) 338-0529

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Alt. Phone: 1-877-414-9817
Fax: (512) 338-6005


The Lorenzana Law Firm, P.C. - Austin, TX

Please Call : (512) 338-0529


South Texas (TX) Criminal Attorneys and Defense Lawyers

Here at Lorenzana Law Firm, P.C., we offer a comprehensive suite of criminal defense legal services to individuals backed by our core of outstanding criminal defense litigators, including highly experienced criminal attorneys, DWI/DUI lawyers, misdemeanor and felony defense attorneys.

Our firm is comprised of a solid team of litigation attorneys whose expertise and courtroom experience include representation for clients covering a broad range of criminal issues, both state and federal defense cases. We handle defense litigation and criminal appeal cases involving state and federal criminal habeas appeals.

We also have highly qualified and experienced attorneys dedicated in the area of white collar crime cases, bank fraud, insurance fraud defense, health care insurance fraud defense, FBI investigations, drug cases, U.S. Customs seizures, and federal immigration deportation cases, and other federal related criminal offenses.

When it comes to criminal law cases in Texas, an experienced and effective criminal defense attorney can mean the difference between a prison sentence and reduced or dismissed charges. The criminal defense practice group lawyers of The Lorenzana Law Firm, P.C.  are dedicated to defending the rights of the accused and our criminal defense attorneys are committed to the presumption of innocence.  Even in less serious cases such as minor misdemeanors, DWIs, DUIs and juvenile cases, a good criminal defense attorney can make a serious impact on the outcome of the case by ensuring that the rights of the accused are protected throughout the legal process, so as to maintain the individual's right to presumption of innocence. For these and other reasons, it is vital that those accused of a crime select the most competent, experienced and effective attorney available.

DWI, DUI, Misdemeanors, State Jail Felony, Immigration Holds, Deportation, Fraud, Theft, White Collar Crimes, Federal Crimes, Drug Charges, Wire & Mail Fraud, Asset Seizure & Forfeiture, Real Estate Fraud, Mortgage Fraud, Tax Criminal Defense, Tax Fraud, Insurance Fraud, Embezlement Defense, State & Federal Crimes.

If you have been accused of a crime, please contact us today for a free consultation with an aggressive and resourceful criminal defense attorney. We will work tirelessly to ensure the best possible outcome for your case. We are available 24 hours a day, 7 days a week to assist you with your criminal legal matter.

We also are experienced in representing clients in other criminal matters including parole violation hearings, criminal appeals, bail reduction, and criminal record expungement.

At Lorenzana Law Firm, P.C. we have a solid team of Texas criminal defense lawyers whose practice group focuses on criminal defense offering a comprehensive list of criminal defense law client services to individuals across Texas.

Please Call : (512) 338-0529

Texas Criminal Defense Attorneys

At Lorenzana Law Firm, P.C., diversity matters. Each of our criminal defense attorneys brings an individual background and perspective to our work, and this diversity benefits the profession and the public we serve. We combine outstanding academic and professional credentials with a wide range of focused practical experience that allows us to provide full-service representation to all types of criminal defense cases from minor misdemeanors to white collar crime and insurance fraud.

Our Texas criminal defense attorneys focus on the quality of criminal defense so that each client receives their day in court.  Our aim is to acquit our clients of the alleged criminal acts or malfeasance, and representing our clients with the fullest integrity. 

For more information on an individual attorney's profile, please click the links below, or contact us at 512-338-0529 to schedule a consultation.

Please Call : (512) 338-0529


White Collar Criminal Defense

White collar crimes include financial and business related crimes such as insurance fraud, wire and mail fraud, mortgage and real estate fraud, and other business crimes.  If you've been charged with a white collar crime, contact a business criminal defense attorney at the Lorenzana Law Firm, P.C. toll free at 1-877-414-9817 today!  You may also visit us on the web at http://www.southtexascriminaldefenseattorney.comn/

Firm Overview

Firm History and Mission

The Lorenzana Law Firm is located in the heart of the State Capitol Complex in Austin, Texas. Our practice was established in 1995 by Elias V. Lorenzana Jr., the principal attorney at Lorenzana Law Firm. We are well respected in the law community because of our dedicated, client focused representation and our continuous effort to get the best results for everyone we represent.

To learn how we can help you resolve legal issues while protecting and expanding your options, please contact us at our Texas Criminal Defense Attorneys.

Leaders in the Legal Community

The Texas Attorneys at Lorenzana Law Firm offer highly sophisticated legal advice which reflects an understanding of the state and federal law that applies to your criminal charge situation.  Our experience with representing criminal defendants in Texas can help you achieve a favorable resolution or plea bargain. However, to the extent that our clients want to maintain their respective plea of not guilty, our Texas criminal defense attorneys are prepared to represent our clients to a full jury trial.  Our DWI and DUI defense attorneys have provided our clients with care and commitment in order to give each client the fair acquittal or plea resolution to their respective criminal cases.  Our Texas criminal defense lawyers also dedicate a portion of their time to civic duties and community activities for various non-profit organizations in the Travis and Williamson counties.

To learn how we can help you with your criminal case, both state and federal, or if you have been criminal charged with an offense or simple need defense representation for a grand jury charge, then contact one of our Texas criminal defense attorneys in Austin at (512) 338-0529 or in San Antonio at (210) 558-2869, or toll free at 1-866-646-7240.

Dedicated To Defending Your Legal Rights In The Following Defense Areas

If you or a loved one has suffered a serious injury because of another person’s negligence, let the attorneys at Lorenzana Law Firm protect your rights. Our attorneys have the skill and perseverance to investigate all types of personal injury matters, including:

  • FBI Investigations
  • Misdemeanors
  • State Jail Felony Crimes
  • Criminal Trespass
  • Conspiracy Crimes
  • RICO Act Crimes
  • Motor Vehicle Case
  • Criminal Negligence Cases
  • Money Laundering Defense
  • Juvenile Offenses
  • Probation & Parole Violations
  • CPS Investigations
  • Licensing Defense
  • Medical License Defense
  • Professional License Defense
  • Investigations & Grand  Jury
  • Computer & Internet Crimes
  • Criminal Record Expunctions

FAQ

Criminal Procedure FAQ

 

Felony Crimes, Misdemeanor Charges, White Collar Crimes, Sex Crimes, DWI Defense, DUI Defense, Drunk Driving Charges, Arson, Murder and More

What's the difference between a felony and a misdemeanor?

Most states break their crimes into two major groups: felonies and misdemeanors. Whether a crime falls into one category or the other depends on the potential punishment. If a law provides for imprisonment for longer than a year, it is usually considered a felony. If the potential punishment is for a year or less, then the crime is considered a misdemeanor.

In some states, certain crimes are described on the books as "wobblers," which means that the prosecutor may charge the crime as either a misdemeanor (carrying less than a year's jail time as punishment) or a felony (carrying a year or more).

Behaviors punishable only by fine are usually not considered crimes at all, but infractions -- for example, traffic tickets. But a legislature may on occasion punish behavior only by a fine and still provide that it is a misdemeanor -- such as possession of less than an ounce of marijuana for personal use in California.

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What is the "presumption of innocence"?

All people accused of a crime are legally presumed to be innocent until they are convicted, either in a trial or as a result of pleading guilty. This presumption means not only that the prosecutor must convince the jury of the defendant's guilt, but also that the defendant need not say or do anything in his own defense. If the prosecutor can't convince the jury that the defendant is guilty, the defendant goes free.

The presumption of innocence, coupled with the fact that the prosecutor must prove the defendant's guilt beyond a reasonable doubt, makes it difficult for the government to put innocent people behind bars.

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How can I tell from reading a criminal statute whether I'm guilty of the crime it defines?

All criminal statutes define crimes in terms of required acts and a required state of mind, usually described as the actor's "intent." These requirements are known as the "elements" of the offense.

A prosecutor must convince a judge or jury that all of the elements of the crime are there: that the defendant did the acts and had the intent described in the statute. For example, commercial burglary is commonly defined as entering a building belonging to another person, with the intent to commit petty or grand theft (that is, to steal) or any felony.

To convict a person of this offense, the prosecutor would have to prove three elements:

  • The defendant entered the structure.
  • The structure belonged to another person.
  • At the time the defendant entered the structure, he intended to commit petty or grand theft or any felony.

Break the crime down into its required elements to see if each applies in your situation.

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What standard is used in criminal trials to prove a defendant is guilty?

The prosecutor must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt." This standard is very hard to meet. (By contrast, in noncriminal cases, such as an accident or breach of contract, a plaintiff has to prove her case only by a preponderance of the evidence -- just over 50%.)

As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is reasonable doubt -- that is, that the prosecutor hasn't done a sufficient job of proving that the defendant is guilty.

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If I'm accused of a crime, am I guaranteed a trial by a jury?

The U.S. Constitution gives a person accused of a crime the right to be tried by a jury. However, this right does not extend to petty offenses -- defined as offenses that do not carry a sentence of more than six months.

This right to a trial by jury has commonly been interpreted to mean a 12-person jury that must arrive at a unanimous decision to convict or acquit. However, a jury can constitutionally consist of as few as six persons. (Williams v. Florida, U.S. Sup. Ct, 1970.) The size of juries tends to vary depending on the seriousness of the charge. For example, California requires 12-person juries for both felony and misdemeanor trials, except that the state and defendant may agree to less than 12-person juries in misdemeanors. Florida law provides for six-person juries in noncapital cases and 12-person juries in capital cases. In most states, a lack of unanimity is called a "hung jury" and the defendant will go free unless the prosecutor decides to retry the case. In Oregon and Louisiana, however, 12-member juries may convict or acquit on a vote of ten to two.

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I am confused about why a defendant would choose to not testify. If I were innocent, why wouldn't I want to take the stand and tell my story?

The 5th Amendment to the U.S. Constitution gives every criminal defendant the right not to testify, and jurors will be told that they cannot assume anything negative if the defendant decides to keep quiet. Of course, some jurors do make assumptions -- and they cast their votes accordingly.

But there are some excellent reasons why a defendant might remain silent in court:

  • If the defendant has previously been convicted of a crime, the prosecutor may be able to bring this fact out -- but only if the defendant testifies. Evidence of a previous crime may cause some jurors to think that the defendant is guilty of the current crime, too.
  • If the defendant testifies, the prosecutor may be able to bring out other information that tarnishes the defendant's reputation and discredits his testimony.
  • Some defendants have a poor demeanor when speaking in public. A judge or jury may not believe a defendant who, though telling the truth, is a nervous witness and makes a bad impression.
  • The defendant may have a perfectly good story that would nevertheless sound fishy to the average jury in that particular locale.

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What happens if a defendant is judged "incompetent to stand trial"?

The question may arise as to whether a defendant is mentally capable of facing a trial. Defendants cannot be prosecuted if they suffer from a mental disorder that prevents them from understanding the proceedings and assisting in the preparation of their defense.

Based on a defendant's unusual behavior, a judge, prosecutor, or defense attorney may ask that trial be delayed until the defendant has been examined and her ability to understand the proceedings has been determined in a court hearing. If a judge finds that a defendant doesn't understand what's going on, the defendant will probably be placed in a mental institution until her competence is reestablished. At that time, the trial will be held.

This situation is different from using the insanity defense. For more information, see How a Defendant's Mental State Affects His or Her Responsibility for a Crime.

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Can a person be punished for attempting to commit a crime?

Yes.  Many jurisdictions including Texas have either a general attempt crime or individual statutes that make attempted murder or attempted robbery or attempted crime. The purpose of these statutes is to punish an individual who has shown himself or herself to be dangerously inclined to commit a crime without waiting until the criminal act is actually completed. In order to convict a person for an attempted crime, the prosecuting agency must prove beyond a reasonable doubt that the person had the intent to do an act or bring about certain consequences that would amount to a crime, and that he or she took some step beyond mere preparation towards that goal.

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What is a "grand jury"?

A grand jury is a group of people called together by the prosecutor to gather information about suspected criminal activity by listening to testimony from witnesses and examining documents and other evidence. The prosecutor acts as legal advisor to the grand jury and directs the flow of witnesses and evidence. At the end of the proceeding, the grand jury decides whether there is enough evidence to put the defendant on trial for the crime and indict the person with a criminal offense charge.

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What is a "prosecutor"?

Prosecution refers to the government's role in the criminal justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. Prosecutors are the county or state district attorneys or lawyers who work for the government and who are responsible for presenting the government's case against a defendant. Prosecutors may be called county attorneys, city attorneys, or district attorneys.

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How does the prosecutor decide which cases to pursue?

A: it thrown out of court, such as violations of the defendant's constitutional Miranda rights or destruction of evidence crucial to the defense. The prosecutor next decides if there is enough evidence, with regard to both the quantity and the quality thereof, to make conviction probable. Finally, the prosecutor decides if prosecuting the case fits in with the county or district office's policy objectives, or whether a more informal disposition such as pre-trial diversion may be in order.  In some cases, highly publicized cases have a factor in the direction of prosecution.

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What is the difference between parole and probation?

Parole and probation are employed in the punishment phase of the criminal justice process. Parole comes into playafter a person has been imprisoned and is released subject to supervision by an officer of the court or parole officer. Probation, by contrast, refers to a criminal sentence separate and distinct from incarceration. Probation is the most frequent sentence imposed for less serious or first offenses and typically involves releasing the convicted offender into the community subject to a list of terms and conditions, which are imposed on a probationary period from 6 months to a year or more.

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What is "restitution"?

Restitution involves ordering the defendant to pay the victim a sum of money designed to compensate the victim for the monetary costs of the crime, such as medical bills, property damage, and lost wages. By federal law, under the Mandatory Victims' Restitution Act of 1996, restitution is required when a violent crime has been committed and for certain other, limited, offenses. Many state and federal laws also require a criminal offender to make restitution to the victim, and the court will order restitution under those laws when the offender is sentenced.

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What is "white collar crime"?

White collar crime is a term originally used to describe criminal activity by members of the business industry in connection with their respective professions. Today, the most common definition of white collar crime no longer focuses on the social status of the offender but rather on the type of conduct involved: illegal acts using deceit and concealment to obtain money, property, or services, or to secure a business or professional advantage. White collar crimes are typically less or non violent than other crimes, but their effects can be just as devastating, such as in the recent Enron case, the Madoff “ponzi” scheme crime, and other Wallstreet, banking, insurance and financial crimes.

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Are children charged with committing crimes prosecuted in the same manner as adults?

No. Children are subject to a separate judicial system called the juvenile court system. Generally, the focus of the juvenile court system is more on rehabilitation of the child than on punishment, in order to give the child under the legal age a chance to be a law abiding citizen and to be a productive member of society in general. In some cases, however, older juveniles who commit more serious crimes will be charged as adults and tried in the regular criminal courts. In such cases, their sentence, too, will be more in accord with adult punishment, whereas in juvenile court any incarceration is usually in a more rehabilitative setting and generally ends when the juvenile attains the age of majority.

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Do I need a lawyer to represent me even if I am innocent?

Yes.  We do not recommend anyone defending themselves in court.  Every criminal defendant needs a criminal defense attorney . Innocent defendants are perhaps in even greater need of zealous representation throughout the criminal process to ensure that their rights are protected and that the truth prevails. Even innocent people end up in jail, so the best way to prevent that miscarriage of justice is to employ the services of a seasoned veteran of criminal defense law.  On many occasions, the prosecution’s evidence are circumstantial, and without proper legal defense or the help of a criminal defense attorney, the defendant poses a chance of conviction and the possibility of conviction even though the defendant may be innocent.  DNA evidence has frequently been a source of good defense as well as acquitting someone of an offense charged against them.  Contact a South Texas criminal defense lawyer today at (512) 338-0529, (210) 558-2869, or toll free at 1-877-414-9817, or 1-866-646-7240.

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Q: If I simply intend to plead guilty, why do I need a lawyer?

Even if you are guilty of the crime with which you are charged, it is imperative that you seek the advice of experienced counsel so that you can minimize your sentence and maximize your opportunities to move ahead toward a brighter future. Criminal defense attorneys are needed to equalize the balance of power between the defendant and the prosecution and to ensure that the constitutional rights that are guaranteed to all criminal defendants, whether guilty or not, are preserved.

Client Testimonials

Client Testimonials

"Elias was a blessing. He was able to represent us and win our case when another attorney said we had little chance. We could tell immediately that he cared about us, not just our case." August, 2008

"Could not have asked for a better outcome. Our case was resolved in our favor completely. He is a man of integrity, compassionate and moral values, Christian." August, 2008

"Elias Lorenzana an intelligent, hardworking man of high character and morals." July, 2008

"We have known Elias Lorenzana for five years in the church and as a friend. I have known him as a man of integrity and a man of Christian values. He has always been composed and sincere in all his actions and always willing to lend a hand to those in need." July, 2008.




South Texas Criminal Defense Attorneys

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