Dan Montalvo, Attorney At Law

NEW ADDRESS AS OF JANUARY 1, 2011

4303 N. CENTRAL EXPY

DALLAS, TEXAS 75205

214-570-8010

                                                    Se Habla Español             ^{PAYMENT PLANS AVAILABLE}          

         Dallas Criminal Lawyer Dan Montalvo is a Dallas Lawyer that concentrates in Criminal Defense.   As former veteran State Prosecutor of the Dallas County District Attorney's Office, DAN MONTALVO knows and understands how the criminal justice system works.   He has tried over 200 Bench and Jury Trials.  He knows how judges apply legal doctrine and what criminal prosecutors look for in cases.  As an experienced Dallas Criminal Lawyer he knows how to present a case to judges, juries and prosecutors.   He knows how to defend criminal cases like yours. 

          Although you cannot choose the prosecutor assigned to your case you can select the Dallas Criminal Lawyer who will be the advocate of your constitutional and statutory rights. Some Dallas Criminal Lawyers are opportunists. When you hire these criminal attorneys beware. Employing the legal services of these criminal lawyers could result in your dissatisfaction with the outcome of your case and your personal treatment. Take the time to and look for the best possible criminal lawyer that fits your needs, as a person and as a victim. Take the time to find the right Dallas criminal lawyer.
         

       Now that you have been arrested in Dallas, Tarrant, Collin or any county in North Texas, this means that serious criminal charges have been brought against you. Prosecutors have already initiated the legal process towards your conviction. If they are successful, the penalties you face are potentially drastic and could include jail, fines, community service hours, and court costs. You may have an alternative. With the assistance of a qualified and aggressive Dallas Criminal Lawyer, you can fight back!  Call or E-Mail Dan Montalvo now.

          Mr. Montalvo was named a 2005 “Texas Rising Star.” Selections are made by Texas Monthly magazine, in cooperation with the publication Law and Politics. Mr. Montalvo was featured in the July, 2005 issue of Texas Monthly magazine.   

           Fewer than 2.5 percent of attorneys in Texas have received this designation. Recipients are younger than 40 years of age or have been practicing law 10 years or less

4303 N. CENTRAL EXPY.

DALLAS, TEXAS 75205

214.570.8010

      When the police ask you any questions and you are the focus of their investigation, the first words out of your mouth should be: "I WON'T ANSWER ANY QUESTIONS WITHOUT MY CRIMINAL LAWYER."  You should never talk to the police unless you have a criminal lawyer with you who specializes in criminal defense.  In all criminal matters it is really that simple.  The police will try to trick you into talking without a criminal lawyer by saying things like: "If you didn't do it, you don't need a lawyer,"  "You are not a suspect," or "Only guilty people ask for a lawyer."  They are trained to get incriminating information out of people.  They have been taught to say these things or even: "This is your only chance to tell your side of the story," and the best of all "Since you haven't done anything wrong you'll let me search."

          These are lies the police frequently, and legally, tell in the hopes of getting you to give up your ABSOLUTE RIGHT to remain silent or to consult a criminal lawyer and have a lawyer who specializes in criminal law present during questioning.  By law the police are allowed, and are trained, to lie to gain a confession from a suspect.  They will often promise to work with the Criminal District Attorney on your behalf.               

           The only one concerned for your rights is your criminal lawyer.  If they can trick you into talking without a lawyer that specializes in criminal defense, they wil take advantage of your limited understanding of the law.  You have the right to remain silent and to have a lawyer present during any questioning.  Many people sitting in prison today would be free if they had exercised their rights and spoken with a criminal lawyer first!

       As a Criminal District Attorney and as a Criminal Defense Lawyer I have watched hundreds of DWi video tape. I have noticed that only a handful fully know their rights regarding Field Sobriety Tasks or Tests (FSTs).  These are the pen following, line walking and standing tests the officers use on the side of the road.  Most have no clue that they don't have to submit to these tests.  The word has gotten out reguarding the breath or blood test.  Most people know that they have the right to refuse both and all criminal lawyers would advise against submitting to these tests.  This has advantages regarding your trial but has negative consequenses regarding suspension of your driving priviledges.

          On the other hand, not many people are aware of their right to refuse to perform FSTs.  Officers are not required to inform you of this right.  Therefore they usually go directly into their performance and one does not give it a second thought.  THINK TWICE!  This is done to allow the officers to gather evidence against you and testify for the state during a criminal trial.  Without your cooperation all they will have as evidence is the driving facts and perhaps the smell of alcohol, slurred speech and/or bloodshot eyes.  The amount of evidence is severely restricted.  Of course, this does not guarantee an acquittal and your arrest is almost certain (although it probably already was).  However, you should always avoid helping any police agency make their case against YOU.

           If the police are asking for your permission to search, you are under no obligation to consent.  The only reason they are asking is due to the fact that they do not have enough cause to search without your consent.  If you do consent you are waiving all of your rights provided to you under the Fourth Amendment.  You will give up your right to an unreasonable search and seizure, in your home, your car or on your person. 

           The protection against unreasonable searches and seizures that the Fourth Amendment provides to all citizens, in their homes, cars, and their persons, is an awesome one.  Most courts have recognized limited exceptions to warrant requirements for searches.  However, the courts do not dispense with the need to have a reasonable belief in the circumstances surrounding a search, i.e., they must be able to articulate "probable cause."  The Fourth Amendment is a serious constraint on police conduct.  Therefore, it is no small wonder that police prefer to conduct searches with the consent of the suspect.  The Supreme Court requires a valid consent to be freely and voluntarily given and without coercion or duress exerted by police officers in obtaining the consent.          

          A majority of avoidable police searches occur because citizens naively waive their Constitutional rights by consenting to warrantless searches.  As a general rule, if a person consents to a warrantless search, the search automatically becomes reasonable and legal.  Consequently, whatever an officer finds during such a search can be used AGAINST YOU!

       Dan Montalvo recognizes that you have a choice in the selection of your counsel.  There are many things to take into consideration when hiring an criminal lawyer.  Some of the obvious are knowledge of the law and experience.  Mr. Montalvo believes that ultimately the most important thing to look for is how an criminal lawyer applies his knowledge and experience to work for you.  Many lawyers will only meet with you at the time you decide to hire them then shift your case to their assistants.

          This will not happen with Mr. Montalvo.  He believes that personally meeting and speaking with his clients is the key to properly representing their cause.  He tailors his experience and knowledge of the law to meet the unique set of facts and individuals in each and every case.  He will take your case personally because he will know you personally.  Quality Representation with Intergrity is what is important to Dan Montalvo. .

       In selecting Dan Montalvo to represent you, you will be recieving excellent legal representation, with experince and integrity.  He is a graduate of the University of Dallas ('92). Here he was awarded the Southwestern Presidential Leadership Scholarship, studied in Rome, Italy and in Washington D.C.  He received his legal education at the Texas Tech University School of Law ('95)  where he was a recipient of the Texas Tech Board of Regents Scholarship, attended the Mexican Legal Studies program in Mexico City, Mexico through the University of Houston Law Center.  Additionally, he single handedly revived the Volunteer Law Students and Lawyers, Inc.  He was president of that organization for two years.  During his summers he clerked for Texas Rural Legal Aid, Inc. in Edinburg, Texas.  He has also worked on Captitol Hill in the House of Representatives for then Chairman of the House Agricultural Committee E. (Kika) de la Garza.  He has always fought for the underdog.