Gale Law Group
14633 S. Padre Island Dr.
Corpus Christi, TX 78418
361.808.4444
  1. LLC vs. Corporation: Which Business Structure Is Right for You?

    If you’re starting a new business, one of the first decisions you’ll make is what type of entity you want to form. Most entrepreneurs will either form a corporation or a Limited Liability Company (LLC). Choosing between the two is an important step in forming a business structure. But regardless of which one you choose, both entities can offer a number of benefits to your business. Not only will it allow you to establish credibility in your industry, but it will also give you limited liability protection.

    llc vs corporation formation

    The Definition of Limited Liability Protection

    The term “limited liability” refers to a type of protection for your personal assets. It makes sure that your personal liability for any business debts and obligations is no more than the amount of money that you invested into the business. It will protect your home, automobiles, and other personal assets from being used to pay off any debts that were accrued by your business. Without limited liability protection, your home could be used as collateral for repaying business debt after a lawsuit or bankruptcy.

    The Differences Between an LLC and a Corporation

    A limited liability company combines limited liability protection with what’s referred to as a “pass-through tax structure.” The IRS allows LLCs to choose between being taxed as a partnership or a corporation. Because it has the fewest annual requirements, it’s the easiest entity to maintain.

    With a corporation, the owners or shareholders have limited personal liability protection for any business-related debt. Unlike sole proprietorships, partnerships, and LLCs, corporations pay income tax on their profits.In some cases, they’re taxed twice (when the company makes a profit and when dividends are paid to shareholders).

    Corporations have an independent life that’s separate from their shareholders. So if that person leaves the company or sells his or her shares, the corporation can keep doing business without interruption. When it comes to raising capital, corporations have an advantage over LLCs because they can earn money through the sale of stock (which can also be beneficial for attracting employees).

    Tax Differences Between an LLC and a Corporation

    One of the biggest differences between an LLC and a corporation is in how they’re taxed. An LLC is taxed as a “pass-through” entity, so the profits of the business are passed through to the owners (often referred to as “members”). Profits and losses are reported on each owner’s individual tax return rather than on the business itself. This simplifies the taxation process for LLC owners.

    Corporations are taxed as separate legal entities, which can earn their own income. They’re also responsible for paying tax on their profits (referred to as “corporate tax”) and on dividends that are distributed to their shareholders. Unlike salaries and bonuses, dividends aren’t tax-deductible. So, they’re taxed twice (often called “double taxation”). This won’t be an issue for smaller corporations where only the owners work for the company. In these situations, the owners will receive tax-deductible salaries and bonuses.

    Which Entity is Better for Small Businesses

    Choosing whether to form an LLC or a corporation will depend on a business’s needs and goals. In most cases, LLCs are easier to set up and maintain (which makes them an ideal choice for small businesses that want more flexibility and lower compliance costs). LLCs can also help you avoid double taxation, which is possible with some types of corporations. Corporations may be more suitable for small businesses that plan to grow significantly or seek outside investors.

    Converting an LLC to a Corporation

    Converting an LLC to a corporation can come with a number of advantages, especially if you want to attract investors for the purpose of expanding your business. Corporations are structured in a way that makes it easier for them to raise capital through stock sales, which is a big advantage for businesses that want to grow more quickly or bring in more owners. Certain types of corporations can also have tax advantages.

    Corporations have a more formal structure with more clearly defined goals, which is what some industries and investors prefer. But converting your LLC into a corporation can come with more regulatory requirements. Not to mention, the possibility of double taxation. That’s why you need to think about whether it aligns with your company’s goals before you make the change.

    If you’re looking for a qualified attorney who can help you with business formation in Texas, be sure to get in touch with Gale Law Group. We have a team of experienced professionals who would be happy to speak with you!


  2. Kingsville recall election moves ahead as judge rules petition was filed in time

    Tijerina’s attorney, Christopher Gale, countered that the commissioners failed to take legal action—such as filing a writ of mandamus or request for declaratory relief—at the time the petition was certified. He argued that the points raised by the city were irrelevant to the current proceedings.

    Read Full Article

    kris 6 news


  3. Why Every Startup Should Talk to a Business Lawyer Before Launching

    Regardless of the industry, managing a new business is a process that requires the ability to find opportunities with a limited number of resources. If you’re an entrepreneur, you think about perfecting your vision, securing and managing funds, and building a team. You also think about marketing and selling (along with executing a plan) while navigating unexpected obstacles.

    business startup law

    The success of your company will depend on whether your team has the right skills and experience. It also depends on whether you have enough support to keep that momentum going. This support usually comes from advisors, industry experts, professional consultants, and investors. It can even come from a good business attorney because you’ll need to protect yourself from legal liability, debts, and unwanted legal action

    Here are some of the reasons why every startup should speak to a business lawyer.

    #1: Risk Management

    If your initial contact with a business lawyer is for the purpose of mitigating c certain risks, then you’re not alone. In fact, risk management is where the value of an attorney’s contribution to your startup will be the most useful. But the business lawyer you hire must be able to identify, analyze, and recommend certain steps that will eliminate (or at least mitigate) these risks.

    If your startup is strongly data driven, your business lawyer should be able to understand the proper legal and regulatory framework for collecting, storing, using, and selling of certain forms of data. This person must also understand any of the related risks and remedies that can be used to avoid them. There are many ways to manage risk, but they need to be identified before they can be addressed.

    #2: Partnership

    Whether you work with an individual attorney or a law firm, you should expect your legal counsel to be an engaged member of your team. Your business attorney should be ready to support your business with creative and flexible business practices. Some of them can include the following:

    • Offering alternative fee arrangements (such as a discounted hourly rate or a fixed fee for every project).
    • Estimating legal fees before getting to work.
    • Deferring collection until your startup is earning a certain amount of revenue or has enough capital.

    If the attorney is willing to accept these kinds of deals, it shows that he or she is “on your side” by supporting your financial goals. A lawyer who thinks like a partner will demonstrate that he or she cares, so that person will be more dependable.

    #3: Collaborative Communication

    Being a good communicator is an important part of being an attorney, especially if that person needs to navigate the rough terrain of managing the legalities of a startup. Your attorney should be asking regular and incisive questions about a specific business issue, goal, or transaction. Otherwise, he or she won’t be able to know what to look for, what you care about the most, and what you think is the most important.

    Your lawyer should also pay attention to your answers, so he or she can understand the broader context of how specific issue came up. If you ask your lawyer to look over an interpret a contract, the advice you get from this person will be the most useful to you if it came from a clear understanding of the transaction.

    #4: Practical Advice

    While many of the questions that you may ask your business lawyer will have complicated answers, you will most likely want a simple and straightforward response. A lawyer could send a long email or spend a great deal of time with you on the phone, it won’t serve the interests of startup because time is money. If you’re managing a startup company, you’re as cost-conscious as you are busy. So, the best business lawyer for a startup will be able to “cut to the chase” (all while going back to his or her more detailed analysis).

    The business lawyer for a startup company will be able to give that company practical advice. Most attorneys will be able to educate you on how to interpret a provision in a contract or analyze risk in a transaction. But if you’re a startup, you want to find one who will give you real-world advice about specific issues. This person must be able to determine what is and isn’t important to you in whatever stage your company is in.

    If you’re looking for a business lawyer in Corpus Christi with the skills and qualifications to help you with your startup, be sure to get in touch with Gale Law Group.


  4. 6 Ways That You Can Make Sure Your Business is Legally Protected

    Entrepreneurship is a journey filled with opportunities that can make you feel like you’re flying on top of the world, but it also comes with challenges that can keep you from getting off the ground. When you’re doing everything yourself or are leading a small team, making sure that your business has a strong foundation is an important piece of the proverbial puzzle. It will allow your business to take off and have long-term success.

    legal protection for business

    Here are some things you can do to make sure your business is legally protected.

    #1: Register Your Business

    Proper registration will legitimize your business, and it’s often as simple as registering it with the appropriate government organizations. If you don’t go through this process, you won’t have any personal liability protection. You’ll also miss out on certain tax benefits. Choose a legal entity that aligns with your business goals, and you can decide on any of the following options:

    • Limited Liability Company (LLC).
    • S-Corporation.
    • Partnership.
    • Non-profit organization.

    You want to make sure you file the necessary paperwork with state and local governments in the area you plan to operate.

    #2: Get an Employer Identification Number (EIN)

    Every individual has a social security number, so every business should have the same type of identification. This is called an Employer Identification Number (EIN), and you’ll need it to open a business banking account. You will also need it to file taxes and hire employees. You can apply for an EIN through the IRS, and it’s free.

    #3: Get the Necessary Licenses and Permits

    Most small businesses need a license to operate, but the one you need will depend on what type of business you’re in. It can also depend on where your business is located and what kind of regulations are in your area. You want to make sure you research local, state, and federal licenses that are relevant to your industry.

    #4: Open a Business Bank Account

    Opening a separate bank account will allow you to separate your business and personal finances. It will simplify bookkeeping and protect your personal assets from any liabilities associated with the business. It can also be helpful with tax reporting, because it will clearly identify your business income and expenses.

    Opening a business bank account will make tracking your company’s cash flow and financial health easier, which is why you should use your EIN to open a dedicated business checking account. You should also think about getting a business credit card so you can establish a line of credit for your company.

    #5: Have Contracts for Everything

    Contracts will give your business a clear legal framework for every relationship or transaction. Having clearly drafted contracts will protect your business by outlining the expectations, responsibilities, and potential liabilities of each party. It will also minimize misunderstandings and potential business disputes that could lead to expensive legal issues.

    Every small business needs a contract for its most important business relationships. This includes clients, vendors, employees, and contractors. Every business should have any of the following contracts:

    • An operating agreement with a set of bylaws.
    • A non-disclosure agreement (NDA).
    • A confidentiality agreement/
    • An independent contractor agreement.
    • A service agreement.
    • A sales agreement.

    Be sure to speak to a qualified attorney for more information.

    #6: Protect Your Intellectual Property

    Your business’s intellectual property (including ideas, inventions, brand identity, and logo designs) is a valuable asset that needs to be protected. It makes business unique, which will set you apart from the competition. By protecting your intellectual property, you can keep others from copying your products or brand identity. It can also keep them from using your inventions or designs. You’ll be able to maintain your brand image and reputation, which can give your business a competitive advantage and maximize its potential value.

    You should trademark your business name and logo. You should also copyright any original content. If it’s applicable, you should think about applying for patents. If you offer services that cross state lines, you should register your trademarks with the USPTO. You also want to register your copyrights through the U.S. Copyright Office.

    If you want to find an attorney in Corpus Christi with a solid understanding of Texas corporate law, be sure to reach out to Gale Law Group. We have a team of people with years of combined experience, and they would be more than happy to speak with you about the specific legal needs of your business!


  5. 5 Legal Issues Every Business Owner Should Know

    If you’re a small business owner, navigating the complicated nature of business law can be hard. But understanding and addressing common legal issues can help you avoid expensive and time-consuming legal disputes later on. Small businesses can face any number of legal challenges.

    You may be tempted to ignore these issues in favor of more pressing business matters, but addressing them can help you be more proactive (which can save you a significant amount of time, money, and stress over the long term).

    Here are some of the common legal issues that small businesses can face and should know about.

    business law legal issues

    #1: Entity Formation

    Entity formation refers to the process of creating a legal structure for a small business. It determines how the business is taxed, how assets are protected, and how it’s arranged. Here are some of the challenges that a small business can face with regard to entity formation:

    • Choosing the right entity.
    • Registering with the state.
    • Drafting and filing Articles of Incorporation (for corporations) or Articles of Organization (for LLCs).
    • Getting an Employer Identification Number (EIN).
    • Drafting and adopting bylaws or an operating agreement.
    • Maintaining compliance.

    It’s an important step for any small business, which is why you need to speak with a qualified attorney.

    #2: Employment Law

    Employment law can affect a small business in the following ways:

    • Hiring.
    • Wage and hour laws.
    • Employee classification.
    • Discrimination and harassment.
    • Family and medical leave.
    • Workplace safety.
    • Termination.

    If a business doesn’t comply with employment laws, it can lead to costly legal disputes and fines. It can also damage the business’s reputation. That’s why a small business needs to stay informed on the latest employment laws and regulations. It’s also important to consult with an attorney if they have any questions or concerns.

    #3: Intellectual Property

    Intellectual property (IP) refers to the legal rights that protect creations from the human mind. This can include inventions, artistic works, and symbols (among many others). Small businesses can encounter a number of legal issues related to intellectual property. Some of them include the following:

    • Trademark infringement.
    • Copyright infringement.
    • Patent infringement.
    • Trade secret misappropriation.
    • Domain name disputes.

    If you’re a small business, you should know about the different types of intellectual property. You also need to be aware of the steps you should take to protect your intellectual property rights. This includes registering trademarks, copyrights and patents (where applicable), as well as any steps you need to take to prevent trade secret misappropriation. You also need to speak with an attorney if you have any questions or concerns about your intellectual property rights.

    #4: Taxes

    Small businesses may have to deal with a number of tax-related issues that can have a negative impact on their bottom line. Some of them can include the following:

    • Business entity selection.
    • Payroll taxes.
    • Sales tax.
    • Tax credits and deductions.
    • Tax audits.
    • Tax planning.

    If you’re a small business, you need to be aware of the different tax-related issues you may encounter. You should also take steps to help you stay in compliance with tax laws and regulations.

    #5: Legal Disputes

    As a small business, you may have to deal with various legal disputes (either as a plaintiff or a defendant). Another business may steal your intellectual property, and you may decide to sue them for damages. A worker may claim that you wrongfully fired them and sue your business. One of the ways that you can keep the case from going to court is to negotiate a dispute beforehand.

    Some disputes can take place in a small claims court, but they can also go to trial as litigation. Small claims courts can be used to dispute small amounts of money, but larger cases may require litigation. Be sure to check with an attorney to find out what’s appropriate for your specific case.

    You should also get legal representation in any of the following cases:

    • Someone is injured at your business property.
    • Someone is suing you for wrongful termination.
    • A state, local, or federal government agency has filed a complaint against you or is investigating your business.
    • Your business is involved with environmental issues.
    • A negotiation for the sale or acquisition of a company or assets.

    Having the right legal representation can help you secure the future of your business, because that person can be invaluable if a critical issue arises. If you’re looking for a business lawyer in Corpus Christi who can help you deal with these issues, be sure to reach out to Gale Law Group.


  6. How Employers Should Handle Complaints of Discrimination or Harassment

    If you have been accused of discrimination in the workplace, you’re understandably upset. This kind of accusation can have an adverse effect on your career prospects, job security, and reputation. Most employers are familiar with Title VII of the Civil Rights Act of 1964, which prohibits discrimination and harassment against employees because of various characteristics (such as race, sex, nationality, and ethnicity). But many employers aren’t aware that it has anti-retaliation provisions. According to this provision, no employer can take negative action against an employee because he or she filed a complaint (even if the allegations of discrimination or harassment don’t have any merit).

    complaint form

    What is Workplace Discrimination?

    Workplace discrimination takes place when an employee doesn’t receive fair treatment because of his or her legally protected status. If someone doesn’t get a promotion at work because of his or her race or gender, it would be considered discrimination. Another example of workplace discrimination would be in a situation where someone wasn’t hired because of his or her race.

    Employers aren’t legally allowed to discriminate in the workplace, but not everything is protected. If someone wasn’t hired for a job because he or she was using profanity during the interview, it wouldn’t be considered discrimination. If the manager didn’t like the language used by the applicant, he or she has the right not to hire that person (even if the applicant is qualified to do the job). If an employee was fired from a job because the employer found out he or she had tattoos that violated the company’s dress code, that person has the right to do so.

    How Can a Workplace Discrimination Case Affect You?

    If you have been accused of violating an employee’s civil rights, it can hurt your business in the following ways:

    • Reputation — Workplace discrimination cases can damage your business’s reputation, which can make it hard for you to hire employees. It can also damage your relationship with business partners. It can even tarnish your brand.
    • Financial Costs — Losing a discrimination case can cause you to pay court fees, settlement costs, or damages. You may also have to deal with other financial consequences. People could avoid doing business with you because of your damaged reputation.
    • Job Security — You could lose your job because of a discrimination accusation, and it may be harder for you to find a job at another company.

    A workplace discrimination case can also affect how others view you, which can affect your career and your life in general.

    How Can You Avoid Being Accused of Workplace Discrimination?

    Because of the consequences, being nervous about the possible accusation of workplace discrimination or harassment is understandable. These types of allegations can not only create friction within your business but can also be grounds for a state investigation (which can cost you a fortune in legal fees). But if you implement a careful set of tactics to take care of it, you can minimize the possibility of legal consequences.

    You want to keep an open mind by investigating each complaint you receive. Not looking at an accusation or believing it can’t be true will leave you on the wrong side of the law. You can start by interviewing both the accuser and the accused to determine what was said or done, but make sure you write down every detail because it can help you avoid a number of legal complications later on.

    What Happens if You’re Accused of Workplace Discrimination?

    Just because someone accuses you of discrimination, it doesn’t mean it’s true. Some cases get dismissed because there isn’t enough evidence, while others can be settled out of court. Even if your case goes to court, you may not get a ruling that works in your favor.

    Whether you’re an employer or manager at an organization, you have legal options once you have been accused of workplace discrimination. A qualified attorney can help you understand the law, your rights, and any possible outcomes of a legal dispute.

    A lawyer can help you by doing any of the following:

    • Analyze your cases by examining all the evidence and details.
    • Decide if there’s a case and determine the best course of action.
    • Gather evidence to support your case (which may include interviewing witnesses).
    • Advise you of your rights and discuss your legal options.
    • Help you file and handle legal paperwork and related requests.
    • Handle court proceedings if your case goes to court.

    Not only are there laws that regulate discrimination at work, but there are also rules about the timeline for filing a discrimination complaint. An employee usually has 180 days to file a discrimination case. So if you have been accused of workplace discrimination and the employee waited too long to file, that person may not have a case. If you’re looking for an attorney in Corpus Christi who understands Texas discrimination laws, be sure to reach out to Gale Law Group.


  7. Background Check Compliance Tips for Employers

    Employers in Texas will usually conduct a background check to verify an applicant’s employment and education history, as well as to determine if that person has had any convictions that would disqualify him or her from the job. What will appear on a background check will depend on the type of searches that the employer has requested, but some of the common searches that they will perform include:

    • Employment verification.
    • Criminal history checks.
    • Education verification.
    • Professional license verification.
    • Motor vehicle registration checks.
    • Pre-employment drug tests.

    When performing a pre-employment background check, you must comply with federal and state laws.

    background check compliance

    What a Background Check is in the State of Texas

    A Texas background check is a type of investigation that many employers perform to check an applicant’s criminal and employment history, as well as that person’s education and other information that may be relevant to the position.

    They will often work with background check providers to perform these searches. Consumer reporting agencies (CRAs) will find the requested information by searching public records and other reliable databases to put together reports.

    Why Employers Run Background Checks in Texas

    If you’re an employer in Texas, there may be a number of reasons why you may want to perform a background check as part of your hiring process, but some of the common reasons include the following:

    • General Employment Screening — Many Texas companies perform employment background checks as part of their onboarding process, because it can help them to verify an applicant’s employment history while making sure that he or she hasn’t had any criminal convictions.
    • Screening for Management Positions — Managers have a lot more responsibility than other employees, so it’s a common practice for employers to do a background check on someone who is applying for a management position.
    • Screening for People in the Caring Professions — EMS personnel, first responders, caregivers, and people who work in similar professions have to care for and spend time with vulnerable individuals (such as children and elderly adults).

    The information on an employment background check will depend on the types of searches an employer requests.

    How to Get an Employment Background Check in Texas

    Here is how you can get an employment background check in the State of Texas:

    • Come up with a thorough background check policy — You should work with your management team and HR staff to come up with a thorough background check policy. It should include the types of searches you will perform for different positions, the reasons for running these checks, and the specific steps your HR staff should take while starting the process. It should also have procedures for communicating with applicants, reviewing results, and handling the information in those reports.
    • Train your HR staff — Be sure to train your HR staff on how your company performs background checks and on any applicable laws. You also want to make sure they know how to handle the information that was gathered from these checks and that they are informed about the steps that are required under Title VII and the FCRA if the reports show criminal convictions or other adverse information.
    • Adhere to the FCRA’s notice of consent rules — The FCRA has specific notice and consent rules for employers when they perform background checks. You should inform the applicant that your company performs background checks, and it must be in writing on a separate form. Don’t include extra information about any other topics. You must also have a signed consent form from the applicant before you perform the background check.
    • Choose your provider wisely — The value of your employment background check will depend on the provider you choose to work with. You want to research a provider’s reliability, accuracy, legal compliance, and processing speed.
    • Evaluate convictions individually — You don’t want to have a blanket policy for turning down people who have had a criminal conviction, because it can make your company more vulnerable to litigation and civil penalties. You want to look at every conviction individually by comparing them to the duties that are required by the job for which you’re considering the applicant.

    You want to make sure you’re communicating with the applicant throughout the process so he or she stays informed, and you should contact that person as soon as you get the results.

    If you’re looking for an attorney in Corpus Christi that can help you get a better understanding about the laws associated with employment background checks in the State of Texas, be sure to reach out to Gale Law Group.


  8. Employee Classifications W-2 vs. 1099

    As you staff your business, you have many ways of bringing in talent. Two of the most common work arrangements to consider are the W-2 employee and the 1099 contractor. There are some similarities between them, but there are some important differences that can affect your business. So, you need to know what will work best for your organization’s hiring needs. To file informative returns, your company must tell the Internal Revenue Service (IRS) about any payments it made for work being performed. The type of information you use for this purpose will depend on the nature of the service provider.

    w9 vs w2

    The Main Difference Between Form 1099 and Form W-2

    The main difference between these two forms has to do with what needs to be entered into them. Form 1099-NEC reports payments for independent contractors, so no tax payments are reported on this form. Form W-2 is a more comprehensive information return. Not only does it list taxable compensation to employees, but it also lists income tax and Federal Insurance Contributions Act (FICA) withholding. Any salary reduction amounts for contributions to 401(k) plans and other employer-specific benefit plans will also be reported on a W-2.

    For an employer, using independent contractors won’t cost as much as employees. Most of it comes from not having to pay employment taxes for independent contractors. You don’t have to offer benefits to 1099 contractors, and there are fewer administrative costs. Independent contractors are workers who are in business for themselves. They have control over when and how their work is accomplished, and they use their own tools and equipment. They also risk profit or loss on each assignment.

    What to Consider When Classifying a Worker

    Whether you hire people as employees or use them as independent contractors, there’s a lot you need to think about. Both of them can contribute to your organization and help you meet your goals. A W-2 employee is a good fit if the following apply:

    • You want committed workers who will be loyal and productive over the long term.
    • You prefer to keep worker knowledge and skills in-house.
    • You have a distant corporate culture that you want to foster and maintain.

    A 1099 worker could be right for your company in the following circumstances:

    • You don’t want to pay payroll taxes or benefits to keep your costs low.
    • You would rather not invest the time or resources in training and prefer to bring in specialized expertise.
    • You want the flexibility of terminating the relationship when a project is done or as your budget allows.

    If bringing on a contractor makes the most sense to you, you need to know who a 1099 worker is. But if you believe that a W-2 employee is a better fit for company’s needs, you also need to understand the different types of employees you can hire so you can staff your business appropriately.

    How Each Classification Can Affect Company Culture

    Hiring W-2 workers will allow you to bring in people who are a good fit for your organization. They can become a part of your team and workplace environment, which can be helpful in creating a better company culture. It can also be an advantage in terms of employee retention and recruitment. Your employees may feel more secure in their roles within the company, which can help them to focus because they won’t always be looking for another job.

    1099 contractors usually aren’t as invested in the company’s culture. They’re more concerned about completing the job or assignment and moving on to the next one. They can also be disruptive to employees and even the company’s culture. Yet the transient nature of a 1099 worker can be advantageous, because you don’t have to keep working with that person after the assigned job has been completed.

    What Can Happen if You Misclassify a Worker

    It can be hard to determine if a new hire should be classified as a W-2 employee or a 1099 contractor. Not only do you have to classify this person correctly in the beginning but you must also reevaluate his or her role in case the nature of your relationship changes. You need to use the proper classification, or your business may face severe legal and financial consequences.

    If you’re looking for an employment law attorney in Corpus Christi that can help you navigate the legalities of hiring people for your business, be sure to reach out to Gale Law Group.


  9. What is a Plea Bargain and Should You Accept One?

    Even if you believe you didn’t commit the crime for which you have been accused, you may be tempted to accept a plea bargain from the prosecution. The long delays in the criminal justice system can drag a case out for months, which can add to your expense and stress. Not to mention, the negative effect it can have on your life.

    No one knows what will happen during a trial, and the jury could issue a verdict that’s worse than what the prosecution is offering. A plea bargain usually involves getting a less severe charge on your criminal record in exchange for a more lenient sentence, which can be an attractive offer if the original charge carries more severe penalties.

    plea bargin

    Legal Reasons to Accept a Plea Bargain

    While many defendants can avoid being in custody by posting bail or getting a release on their own recognizance, some of them won’t be granted bail or can’t afford the bail amount (which means they will have to stay in jail until their case has been resolved). A more efficient resolution may be more appealing to someone in this situation, because that person might be able to get out of jail sooner than if the case were to go to trial. The sentence may be shorter than what a defendant would have to serve if the case were to go to trial. In some cases, the plea bargain may not include any jail time at all.

    If you have been charged with another crime, the prosecution and judge will look at your criminal record. Having a guilty or no contest plea on your record will look better than having a conviction after a trial, because you would be more likely to plead guilty or no contest to a lesser charge or to fewer offenses. A criminal record can be an aggravating factor for how future crimes will be sentenced, so minimizing the number and severity of past offenses can help you to reduce or even avoid jail time later on.

    Social Reasons to Accept a Plea Bargain

    A number of criminal charges (such as crimes related to sex and domestic violence) come with a social stigma. If you have been charged with these types of crimes, getting a reduction can be helpful in preserving your relationship with loved ones and other people in the community. If you need to spend time in jail or prison, you may get better treatment from guards and your fellow inmates if the crime you have allegedly committed is less distasteful.

    If you have a certain reputation to uphold, you may want to avoid the publicity that can come with a criminal trial. But even if you aren’t a public figure, you may want to protect your family from embarrassment. Even if you accept a plea bargain, a criminal record can be accessed by the public.

    Even a plea bargain can be reported by the media, but the exposure won’t be as intense than if your case were to go to trial. Some defendants may want to accept a plea bargain to end a case more quickly, so they can protect their friends or loved ones.

    Reasons for Prosecutors to Accept a Plea Bargain

    Like judges, prosecutors have extremely busy schedules while having to deal with a limited number of resources. Plea bargains are more efficient and less expensive. They can also guarantee a more favorable outcome instead of dealing with the uncertainty of going to trial. In fact, many prosecutors are proud of the success rate they have had with plea bargains and are even evaluated on this basis.

    Prosecutors might be reluctant to take a case to trial if it would expose their informants, because they may be required to testify. This could lead to the defense impeaching their testimony if they have a criminal record or were engaged in other questionable activities in the past.

    Prosecutors may also feel sympathy for the victim of a crime and try to help them get the case resolved more efficiently and quietly. The victim may not want to testify in open court and confront the perpetrator again. Some victims want the opportunity, and many states allow them to present their position to the prosecutor or judge. They do not, however, have any say in whether a plea bargain is offered.

    If you have been charged with a crime and are looking for one of the best criminal lawyers in Corpus Christi, TX, be sure to reach out to Gale Law Group.


  10. Why You Should Never Represent Yourself in a Criminal Case

    You have most likely heard that you can represent yourself in court. You may have even thought about all the money you could save by not hiring a lawyer. You may believe that there are times when the facts are self-evident, so they speak for themselves. You may also think that the courtroom is a place where everyone gets to tell their story, but none of it is true. Your livelihood is at stake when you go to court. If you don’t have an experienced attorney to represent you, a guilty verdict is practically inevitable.

    hiring a lawyer

    Why It’s a Mistake to Represent Yourself in Court

    People who represent themselves in court are called “self-represented litigants.” They can also be referred to as “unrepresented litigants” or “pro se litigants.” It’s not uncommon to find people who want to save money by representing themselves, but it’s a mistake. Even if cases seem straightforward, representing yourself in a criminal case is guaranteed to result in a conviction.

    Here are some of the reasons why you should never represent yourself in a criminal case:

    • Education — When it comes to something as complicated as criminal defense, it’s not enough to have raw intelligence and good research skills. You need to understand the intricacies of the American legal system, which requires years of focused and constantly expanding education. It’s something that you won’t have the time to do on your own.
    • Familiarity — Most seasoned attorneys will be familiar with the prosecutors, judges, and even the officers who are involved in your case. While the law isn’t completely flexible, knowing who you’re dealing with and what they will or won’t respond to is important if you want to be successful in the courtroom.
    • Time — As hard as you might be able to work on your case, a team of dedicated professionals can do a lot more. Attorneys who know the system will have access to more knowledge and resources, which will not only make your case more compelling but will also streamline the process.
    • Experience — No matter how much you may have taught yourself about the law, nothing can prepare you for what you will experience in the courtroom. Even the simplest error in etiquette, protocol, and technology can jeopardize your case. It could even get you arrested for being in contempt of court.

    No matter what you have been charged with, choosing to represent yourself in a criminal case will send a message that you’re not serious about defending yourself. There are differences between what you’re allowed to do in court and what you have to do to win your case. If you’re not invested in your own case, feel free to represent yourself. But if you want to win, you will need to hire an attorney.

    There are some people who have been successful in representing themselves in court, but it’s not very common. In many cases, people who decide to represent themselves in court realize that their case requires a specific set of expertise or knowledge of the law (which is something they may not have). If you think you’re saving money by not hiring an attorney, things aren’t likely to work out the way you expect them to. Hiring an attorney to represent you when your case goes to trial may be your only shot at freedom.

    Finding the Right Attorney to Represent You

    If you want to find the right attorney for your case, you should ask yourself the following questions:

    • Is this person a trial attorney? — Trial attorneys know how to come up with solid defenses for a trial. They can prepare witnesses, gather evidence, and choose jury members. That’s why going to trial without an attorney will put you in trouble.
    • Is this person a Super Lawyer? — This designation is only given to a handful of attorneys from every state who have made outstanding achievements in their field of law, so it can be a good indication that you have hired the best attorney you can find.

    If you have a case that you can’t afford to lose, you shouldn’t represent yourself. You need to hire an attorney who can argue in front of a judge and jury so they can win your case. While you’re allowed to represent yourself in court, defending complex criminal charges without an experienced trial attorney will most likely result in a conviction.

    If you’re looking for one of the best criminal lawyers in Corpus Christi, TX, be sure to get in touch with Gale Law Group.