| Home |
| Biography |
| Services |
| Contact |
Stephanie H. Wilke
San Antonio Family Lawyer
Vogue Building, Suite 250
600 Navarro
San Antonio, Texas 78205
210-223-9480
"One of San Antonio's
Best Family Lawyers",
Criminal Defense, 2009.
Kevin L. Collins, P.C.
Board Certified Criminal Law
|
|
Services
Firm Overview
The Law Offices of Kevin L. Collins, P.C., are located in the heart of beautiful downtown San Antonio, Texas on the second floor of the historic Vogue Building. This Bexar County Law Firm is convenient to all of the San Antonio courthouses, including the John Woods Federal Courthouse and the Bexar County Criminal Justice Center.
Mr. Collins is the principal of the firm and he is Board Certified in Criminal Law by the Texas Board of Legal Specialization and also a member of the Criminal Law Section of the San Antonio Bar Association. He is a former federal law clerk, and state prosecutor. He holds the highest rating awarded to lawyers from prestigious Martindale Hubbell, an "AV". This rating is only bestowed on lawyers of preeminent legal ability based on confidential information received from judges and fellow attorneys. His offices feature a federal and state library, as well as facilities for computerized legal research.
The practice areas of the firm are concentrated in State and Federal criminal litigation. Mr. Collins has handled hundreds of trial and plea negotiations in all levels of Texas federal and state courts. He also has extensive appellate experience in state and federal courts, including federal habeas corpus proceedings.
The firm philosophy is one of integrity and professionalism. Each client is treated with respect and dignity. Clients are encouraged to maintain meaningful communication with Mr. Collins throughout the entire legal process, not just at the initial consultation. Mr. Collins fights to protect the important rights of his clients in the firm belief that a vigorous defense must be provided to each and every client.
Areas of Practice
Federal Felonies and Misdemeanors
A federal felony is a serious crime that carries the possibility of federal penitentiary crime upon conviction. Examples of said crimes include drug and narcotics trafficking, money laundering, armed robbery and immigration offenses. Mr. Collins defends against these types of allegations through motions hearings and trial practice. Many cases ordinarily need hearings on matters involving bail, suppression of evidence, and discovery of the Government's evidence. The accused is also entitled pursuant to the sixth amendment to the United States Constitution to a trial by jury on the issues of guilt and innocence. Mr. Collins is an experienced trial lawyer prepared to protect the individual's important constitutional right to a jury trial.
The potential for penitentiary time is great and the possibility of probation severely limited for federal felonies by both mandatory statutory minimums and the United States Sentencing Guidelines. The United States Sentencing Guidelines are no longer mandatory, and the United States Supreme Court has deemed them advisory, returning sentencing discretion to individual judges. However, many judges still continue to follow the advisory guidelines. These Guidelines essentially prescribe the punishment applicable for a particular alleged crime, based on the offense level and the charged individual's particularized criminal history score. These Sentencing Guidelines mean that often it becomes easy for judges, prosecutors, and probation officers to consider a Defendant as a number and not as an individual. Mr. Collins is an aggressive attorney who seeks to humanize each individual client through vigorous representation. This includes spending time with the probation officer who prepares the Pre-sentence Report, and requesting departures from the sentence prescribed by the Sentencing Guidelines, based on factors unique to a particular case.
State Felonies and Misdemeanors
A felony in the State of Texas is a charged offense that carries a risk of incarceration in the Texas Department of Criminal Justice, Institutional Division, or in a state jail facility. There are five grades of felony in Texas, with the most serious being capital murder. Capital murder potentially carries a sentence of death of a sentence, or capital life which means 40 calendar years in prison before parole eligibility.
All felonies, with the exception of capital felonies, also carry probation options. First degree felony probation is a minimum of 5 years, and a maximum of ten years. Second and third degree felony probations are a minimum of 2 years up to a maximum of ten years. State jail felony probations are a minimum of two-years up to a maximum of five years probation.
There are also two types of probation available in Texas for felonies (and also for misdemeanors). Deferred adjudication is one type of probation and it has two distinct aspects. The positive aspect is that an individual who receives deferred adjudication will not have a felony conviction upon successful completion of the terms of said deferred adjudication. The negative aspect is that the individual who does not successfully complete deferred adjudication is subject to the full range of available punishment. For example, an individual who violates the condition of a first-degree deferred adjudication is subject to a ninety-nine year term in the penitentiary.
Regular felony probation also has two distinct aspects, negative and positive. First, the individual placed on regular probation has a felony conviction. However, if subject to a Motion to Revoke Probation the term of penitentiary exposure is never more than ten years.
Misdemeanors in Texas are in three categories: Class A, Class B, and Class C misdemeanors. Class A misdemeanors are offenses that have a potential punishment range of up to one year in jail and a fine of $4, 000.00. Examples of these types of offenses include driving while intoxicated-second offense, possession of marijuana 2-4 ounces, criminal mischief, theft and assault. Class B misdemeanors are offenses that have a potential punishment range of up to six months in jail and a fine of $2, 000.00. These offenses include driving while intoxicated-first offense, possession of marijuana under 2 ounces, evading arrest, evading detention and failure to identify. Class C misdemeanors are commonly referred to as "ticket" offenses and include traffic violations, petty theft, and offensive contact assault. The maximum punishment is a fine of $500.00 on these cases, with an unsupervised probationary term. They do not carry jail time exposure.
All three types of misdemeanors also have available deferred adjudication and regular probation options. Class A and Class B probations can be up to two years. Class C probations are generally 180 days or less.
Collateral Consequences of a Criminal Conviction
There also exist numerous collateral consequences that flow from
any criminal conviction. These can include loss of drivers' license
privileges, the right to vote, immigration status, the right to
bear arms, professional licenses, employment, school suspension,
and lifetime registration as a sex offender. These are only some
of the many issues that can arise, and are apart from standard conviction
consequences such as community service, jail time, restitution and
fines. It is important that all of these matters be carefully considered
to determine how they will affect your life when evaluating your
options in a criminal matter. Mr. Collins is a Board Certified Criminal
Defense Attorney that has the necessary experience to ensure protection
of all your important constitutional rights, as well as assist you
in handling the impact of a criminal charge on your life.
Past performances are no guarantee of future results. The information
you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice concerning your
situation. Also, please be advised that communications transmitted
over the internet may not be secure. To protect privacy and confidentiality
please do not transmit such information over the internet. Mr. Collins
is Board Certified by the Texas Board of Legal Specialization in Criminal
Law.
San Antonio Family Law:
Divorce is difficult on all members of the family. It is important to know your rights as to property, retirement and children. When facing this difficult situation, you will best be served by doing things correctly the first time.
Child Protective Services - Navigating the Child Abuse and Neglect Court
Ch. 262 Hearing—purpose is to determine whether the removal of children from their families is justified. Occurs 14 days after removal. Standard:
60 day or Pretrial Conference Hearing—purpose is to ensure that a service plan has been created for the parents and to check that the children’s placement is meeting their basic needs. Occurs 60 days after removal.
Permanency Hearing—purpose is to (1) evaluate the parent’s compliance with their service plans; (2) status of the children; (3) department’s goal. Occurs at the 6 month and 10 month mark of the case.
Trial—purpose is to determine whether parental rights should be terminated and what placement best meets the child’s needs.
Child Custody
Grandparent Access
Adoption
Emancipation of Minors
Name changes
Protective Orders
Child Support
Modifications
Termination of the Parent-Child Relationship
|
|