Texas Criminal Defense Questions, Answered

Stay calm, do not resist, invoke your right to remain silent, and ask for a lawyer immediately.

Once arrested, anything you say can be used against you at trial. Politely state, "I am invoking my right to remain silent. I want a lawyer." Do not answer questions, sign documents, or consent to searches without an attorney present. Provide identifying information only — name, address, date of birth — when lawfully required.

When to contact a lawyer: Immediately after any arrest. Do not wait for arraignment.

U.S. Const. amend. V & VI; Miranda v. Arizona, 384 U.S. 436 (1966); Tex. Code Crim. Proc. art. 38.22.

Yes, in certain circumstances.

Police may search your vehicle without a warrant if (1) they have probable cause to believe it contains evidence of a crime under the "automobile exception," (2) you give consent, (3) they are conducting a search incident to a lawful arrest, or (4) they perform a protective sweep based on reasonable suspicion of weapons. They may not search based solely on a hunch or a minor traffic infraction without one of these justifications.

When to contact a lawyer: Immediately if police searched your car without your clear, voluntary consent — a motion to suppress can exclude illegally seized evidence.

Carroll v. United States, 267 U.S. 132 (1925); Tex. Code Crim. Proc. art. 14.01; Tex. Code Crim. Proc. art. 38.23.

No — you generally do not have to answer questions or let officers inside without a warrant.

You can speak through the door, ask to see a warrant, and decline to let officers in. If they have a valid warrant, ask to see it before opening the door. You are not required to answer questions; politely state, "I'm not answering questions without my lawyer." Officers may still arrest you outside if they have probable cause, but consenting to entry waives important rights.

When to contact a lawyer: Before answering any questions, even if officers say it's "just to talk."

U.S. Const. amend. IV; Payton v. New York, 445 U.S. 573 (1980).

Only at the start of custodial interrogation — not at the moment of arrest.

Common misconception: officers do not have to "Mirandize" you the second they cuff you. They must give the warnings before questioning you while you are in custody. Statements you volunteer before being questioned, or during routine booking, can still be used. If officers questioned you in custody without warnings, an attorney may move to suppress those statements.

When to contact a lawyer: Immediately if you were questioned after arrest without being read your rights — the timing matters.

Miranda v. Arizona, 384 U.S. 436 (1966); Rhode Island v. Innis, 446 U.S. 291 (1980); Tex. Code Crim. Proc. art. 38.22.

Generally up to 48 hours for a probable-cause determination after a warrantless arrest, sometimes up to 72 hours under specific circumstances.

After a warrantless arrest, you must be brought before a magistrate "without unnecessary delay" — Texas treats 48 hours as the outside limit absent emergency. The magistrate sets bond conditions, advises you of the charges, and informs you of your right to counsel. If you have not been formally charged or had a magistrate appearance within 48 hours, that delay itself may be grounds for relief.

When to contact a lawyer: As soon as anyone you know is arrested — every hour matters for bond and release.

Tex. Code Crim. Proc. art. 15.17; County of Riverside v. McLaughlin, 500 U.S. 44 (1991).

After a grand jury indicts you for a felony, you'll be formally arraigned, plea-negotiate or set the case for trial, and proceed through pretrial motions toward disposition.

After indictment: bond is reset by the trial court; you appear at arraignment to enter a plea; the defense files motions (discovery, suppression, severance); the case heads toward plea negotiations, trial, or pretrial diversion. Most Collin County felonies resolve before trial through negotiated pleas or pretrial intervention. The full process commonly takes 4–12 months but can extend longer for complex cases.

When to contact a lawyer: Immediately after learning of any indictment — defense motions have strict deadlines.

Tex. Code Crim. Proc. ch. 21; Tex. Code Crim. Proc. art. 26.04.

Yes — prosecutors can dismiss charges before trial through pretrial diversion, plea negotiations, motion to dismiss, or grand jury no-bill.

Common pre-court dismissal pathways include pretrial diversion programs (drug court, mental health court, veterans court); showing the State cannot prove the case at the grand jury stage (no-bill); Fourth Amendment / Miranda suppression that gut the State's evidence; victim non-prosecution affidavits in family violence cases (rare and never guaranteed); and negotiated dismissal as part of a plea on a different charge. Each pathway depends on facts, the prosecutor's office, and prior history.

When to contact a lawyer: Before any court appearance — pre-court dismissal opportunities have early deadlines.

Tex. Code Crim. Proc. art. 32.02; Tex. Gov't Code § 76.003 (community supervision).

It depends on the strength of the State's evidence, your prior record, and what the prosecutor is offering — there is no universal answer.

A trial-experienced defense attorney evaluates the State's likelihood of conviction at trial, the punishment range if convicted vs. the offered plea, collateral consequences (immigration, professional licenses, gun rights), and availability of deferred adjudication, pretrial diversion, or reduction. Sometimes the plea is dramatically better than trial risk; sometimes the State's evidence is so weak that trial is the right call. Never take a plea without an experienced lawyer reviewing every option.

When to contact a lawyer: Before responding to any plea offer.

Tex. Code Crim. Proc. art. 26.13; Padilla v. Kentucky, 559 U.S. 356 (2010) (immigration consequences).

A magistrate sets bail at your initial appearance based on a county bond schedule, the offense, and your ties to the community; you can post cash, hire a bondsman, or seek a personal bond.

After arrest, the magistrate sets bond using factors in Tex. Code Crim. Proc. art. 17.15: nature of the offense, ability to pay, future safety of the community, and likelihood of appearance. You can post the full cash amount (refunded after disposition), hire a licensed bail bondsman (typically 10% non-refundable fee), or ask for a personal recognizance bond if eligible. A defense attorney can file a motion for bond reduction within hours of arrest.

When to contact a lawyer: Within hours of arrest — bond reduction motions can dramatically lower the amount or change conditions.

Tex. Code Crim. Proc. ch. 17; Tex. Const. art. I, § 11.

First-offense Class B misdemeanor DWI bonds in Collin County typically range from $1,000 to $5,000; felony DWIs and aggravated cases can run $10,000 and up.

Collin County's bond schedule sets typical ranges, but a magistrate has discretion to deviate. Aggravating factors that raise bond: prior DWIs, BAC over 0.15, child passenger (state jail felony), accident with injury, refusing breath/blood test. Lowering factors: clean record, employed, local family, no flight risk. A bond reduction motion can often reduce bond by 30–60% in the first 24–72 hours.

When to contact a lawyer: Immediately after arrest — bond reduction is most effective within the first 24 hours.

Tex. Penal Code § 49.04; Tex. Code Crim. Proc. art. 17.15.

Sometimes — it depends on your bond conditions; many Texas bonds require permission before out-of-state travel.

Standard Texas bond conditions often include a no-out-of-state-travel restriction unless the court grants written permission. Felony bonds and federal bonds frequently require travel approval through pretrial services. Violating travel conditions can result in bond revocation, re-arrest, and additional charges. If you must travel for work, family, or medical reasons, your attorney can file a motion to modify bond conditions.

When to contact a lawyer: Before any planned out-of-state travel while on bond.

Tex. Code Crim. Proc. art. 17.40; Tex. Code Crim. Proc. art. 17.43.

PR bonds are possible for low-level offenses, first-time offenders, and defendants with strong community ties — but Collin County tends to grant them sparingly.

A PR bond means you don't post cash; you sign a promise to appear, often subject to conditions (drug testing, no contact orders, GPS monitoring). PR bonds are most common for misdemeanor offenses with no prior record, defendants with steady employment and local family, and certain pretrial diversion candidates. Collin County requires a strong showing for PR bonds in DWI, family violence, and drug cases.

When to contact a lawyer: Before the magistrate appearance if possible.

Tex. Code Crim. Proc. art. 17.03.

0.08% blood alcohol concentration for adults 21+ driving non-commercial vehicles; 0.04% for commercial drivers; any detectable amount for drivers under 21.

You can be charged with DWI in Texas if your BAC is 0.08% or higher OR you have lost the normal use of your mental or physical faculties due to alcohol, drugs, or any combination. Aggravating factors that increase penalties: BAC over 0.15 (Class A misdemeanor), child passenger under 15 (state jail felony), prior DWIs, accident causing injury (intoxication assault — felony 3rd degree), or accident causing death (intoxication manslaughter — felony 2nd degree).

When to contact a lawyer: Immediately after any DWI arrest — ALR (Administrative License Revocation) hearings have a 15-day request deadline.

Tex. Penal Code §§ 49.01, 49.04, 49.045, 49.07, 49.08; Tex. Transp. Code ch. 524.

Yes, but refusing triggers automatic 180-day license suspension under Texas implied consent law, and police can still get a blood draw warrant.

When licensed in Texas, you have given "implied consent" to chemical testing. Refusing the breath or blood test triggers ALR proceedings — typically 180-day license suspension on first refusal, two years on second. Police can request a search warrant for blood, and most counties (including Collin) have on-call magistrates 24/7 who routinely sign DWI blood warrants. Refusing rarely "saves" you because the warrant gets the blood anyway.

When to contact a lawyer: Within 15 days of arrest — that's the deadline to request an ALR hearing and challenge the suspension.

Tex. Transp. Code §§ 724.011, 724.035, 724.041; Missouri v. McNeely, 569 U.S. 141 (2013).

Yes — possible outcomes include obstruction reduction, motion-to-suppress dismissal, pretrial diversion, deferred adjudication (limited DWI eligibility), or trial acquittal.

Common reduction/dismissal pathways: motion to suppress for unlawful traffic stop, illegal arrest, or invalid breath/blood test → can lead to dismissal; reduction to obstruction of a highway (Class B misdemeanor) — often used as a plea concession; pretrial intervention or DWI court (county-specific eligibility); deferred adjudication for first-offense DWI under Tex. Code Crim. Proc. art. 42A.102 (effective 2019); acquittal at trial if BAC, observations, or stop are challenged successfully.

When to contact a lawyer: Within 15 days of arrest to preserve all options including ALR and motion-to-suppress.

Tex. Penal Code § 49.04; Tex. Code Crim. Proc. art. 42A.102; Mata v. State, 46 S.W.3d 902 (Tex. Crim. App. 2001).

An ALR (Administrative License Revocation) hearing is a civil proceeding where you contest the automatic license suspension that follows a DWI arrest.

ALR is separate from the criminal DWI case. After a DWI arrest, you have 15 days to request an ALR hearing through SOAH (State Office of Administrative Hearings); otherwise your license is automatically suspended on day 41 after arrest. At the ALR hearing, the State must prove reasonable suspicion for the stop, probable cause for the arrest, lawful request for breath/blood test, and refusal or failure of the test. Winning ALR doesn't dismiss the DWI but preserves your driving privileges and provides discovery for the criminal case.

When to contact a lawyer: Within 7 days of arrest — the 15-day deadline is strict.

Tex. Transp. Code §§ 524.011, 724.035, 724.041; 1 Tex. Admin. Code § 159.211.

Yes — most drivers whose license is suspended for DWI can apply for an essential needs (occupational) license, but with restrictions.

Occupational licenses allow you to drive for essential purposes (work, school, household responsibilities) up to 12 hours per day, with a specific approved schedule and route. You apply by petition in the court that suspended your license. Some restrictions: ignition interlock device may be required, the license cannot be used outside approved hours, you must maintain SR-22 insurance. Some defendants are ineligible (recent DWI conviction within 5 years, certain felony convictions).

When to contact a lawyer: Before suspension begins — the petition can be filed in advance.

Tex. Transp. Code §§ 521.241–521.252.

Texas classifies controlled substances into Penalty Groups 1, 1-A, 1-B, 2, 2-A, 3, and 4 under the Health & Safety Code, with PG 1 (cocaine, heroin, meth) carrying the harshest penalties.

PG 1 (cocaine, heroin, methamphetamine, opioids without prescription): possession 1-4g is a 3rd-degree felony, 4-200g is 2nd-degree, 200-400g is 1st-degree. PG 1-B (fentanyl) has enhanced penalties under § 481.1122. Marijuana is separate under § 481.121: <2oz is Class B, 2-4oz is Class A, 4oz-5lb is state jail felony, escalating from there. Drug-free zone enhancements (within 1,000 ft of a school) can elevate the offense by one level.

When to contact a lawyer: Immediately after any drug arrest — many drug cases hinge on motion-to-suppress fact patterns.

Tex. Health & Safety Code §§ 481.115–481.118, 481.121, 481.1122, 481.134.

Possession of more than 4 ounces of marijuana is a felony in Texas; less than 2 ounces is a Class B misdemeanor.

Texas penalty tiers: under 2oz — Class B misdemeanor; 2-4oz — Class A misdemeanor; 4oz-5lb — state jail felony; 5-50lb — 3rd degree felony; 50-2,000lb — 2nd degree felony; over 2,000lb — life or 10-99 years. THC concentrates and edibles fall under PG 2 (a felony at any quantity in many cases). Hemp/CBD products under 0.3% THC are legal under Texas Agriculture Code ch. 122.

When to contact a lawyer: Immediately if charged — Texas marijuana enforcement varies dramatically by county and city.

Tex. Health & Safety Code § 481.121; Tex. Agric. Code ch. 122.

Yes — dismissal is possible through motion to suppress, pretrial intervention, drug court, lab testing failures, or pre-grand-jury intervention.

Common Texas drug-case dismissal paths: motion to suppress for unlawful stop, search, or seizure under Fourth Amendment / Tex. Code Crim. Proc. art. 38.23; pretrial intervention or drug court diversion (county-specific eligibility); lab testing problems — Texas crime labs have had documented chain-of-custody, calibration, and lab-tech credibility issues; pre-indictment representation that can convince the DA's office not to present the case to the grand jury; constructive-possession challenges where multiple people had access.

When to contact a lawyer: Before any plea or formal charge — the earliest intervention has the most options.

Tex. Health & Safety Code § 481; Tex. Code Crim. Proc. art. 38.23; Tex. Gov't Code ch. 76.

"POSS CS PG 1" means Possession of a Controlled Substance, Penalty Group 1 — a Texas felony covering substances like cocaine, heroin, methamphetamine, and opioids without prescription.

The penalty depends on weight: less than 1 gram is a state jail felony (180 days–2 years state jail, $10,000 fine); 1-4g is 3rd-degree felony (2-10 years prison); 4-200g is 2nd-degree felony (2-20 years); 200-400g is 1st-degree felony (5-99 years or life); over 400g triggers an enhanced 1st-degree felony. Drug-free zone enhancement adds one penalty class. Possession requires both knowledge and care/custody/control — mere proximity is not enough.

When to contact a lawyer: Immediately — these are serious felonies with long-term consequences.

Tex. Health & Safety Code §§ 481.102, 481.115, 481.134.

Simple assault is generally a misdemeanor; aggravated assault is a felony involving serious bodily injury or use/exhibition of a deadly weapon.

Simple assault under § 22.01 covers (1) intentionally, knowingly, or recklessly causing bodily injury, (2) threatening imminent bodily injury, or (3) offensive physical contact. It's typically a Class A misdemeanor, elevated to 3rd-degree felony if against a public servant, family member with prior conviction, or by impeding breath. Aggravated assault under § 22.02 elevates to 2nd-degree felony when the actor causes serious bodily injury OR uses/exhibits a deadly weapon (firearm, knife, vehicle in some cases).

When to contact a lawyer: Immediately — the assault/agg-assault distinction has career-altering consequences and is often negotiable.

Tex. Penal Code §§ 22.01, 22.02; Tex. Penal Code § 1.07(a)(46).

Yes — Texas has both Castle Doctrine and Stand Your Ground law that allow proportional force to defend yourself or others in many circumstances.

Self-defense in Texas allows force when the actor reasonably believes the force is immediately necessary to protect against another's unlawful force. Deadly force under § 9.32 is justified when reasonably necessary to protect against deadly force, sexual assault, kidnapping, robbery, or aggravated kidnapping/robbery. Texas does not require retreat where you have a legal right to be (Stand Your Ground). Self-defense is an affirmative defense — the defense raises it, then the State must disprove beyond a reasonable doubt.

When to contact a lawyer: Before any statement to police — self-defense claims must be raised carefully and consistently.

Tex. Penal Code §§ 9.31, 9.32, 9.33, 9.41–9.43.

A deadly weapon finding by the judge or jury makes you ineligible for community supervision in some cases and significantly impacts parole eligibility.

A deadly weapon finding is an affirmative finding entered when the State proves the defendant used or exhibited a deadly weapon during the offense. Effects: judge cannot grant straight probation in most felony cases; parole eligibility increases from 25% of sentence to half the sentence (or 30 years, whichever is less, on capital cases); collateral consequences for sentencing, federal sentencing enhancements if charges become federal. Defense strategy often focuses on contesting whether the alleged weapon meets the deadly weapon definition or whether it was actually "used or exhibited" during the offense.

When to contact a lawyer: Immediately upon any charge involving a weapon — pre-indictment and pretrial motions can affect deadly weapon findings.

Tex. Penal Code § 1.07(a)(17); Tex. Code Crim. Proc. art. 42A.054; Tex. Gov't Code § 508.145.

Texas defines family violence as an act by a family or household member intended to result in physical harm, bodily injury, assault, or sexual assault — or a threat that reasonably places the family member in fear of imminent physical harm.

"Family or household member" is broad and includes spouses, ex-spouses, blood relatives, foster parents/children, current/former dating partners, and roommates. Family violence assault enhances penalties: a misdemeanor assault becomes 3rd-degree felony if the defendant has a prior family violence conviction. Strangulation/impeding breath against a family member is automatically a 3rd-degree felony (2nd-degree on second offense). Family violence findings carry serious collateral consequences: federal firearm prohibition (Lautenberg Amendment), immigration impact, custody and visitation impact in family court.

When to contact a lawyer: Immediately — family violence cases have unique evidentiary issues and protective order timelines.

Tex. Fam. Code § 71.004; Tex. Penal Code §§ 22.01, 22.011, 22.02; 18 U.S.C. § 922(g)(9).

Not automatically — in Texas, the State (not the alleged victim) decides whether to prosecute, and the District Attorney can pursue charges even if the complainant signs an affidavit of non-prosecution.

An "affidavit of non-prosecution" (ANP) is a sworn statement from the alleged victim saying they don't want to participate. It's evidence the prosecutor must consider but is not binding. Many Texas DA offices will dismiss when the State's case rests primarily on the complainant's testimony and the ANP signals weakness; others will pursue with prior 911 calls, photos, neighbor witnesses, or hearsay exceptions. Coercing a complainant to sign an ANP can itself be a separate charge (witness tampering).

When to contact a lawyer: Immediately if you're charged or if you are the alleged victim contemplating an ANP.

Tex. Code Crim. Proc. art. 32.02; Tex. Penal Code § 36.05.

A Texas protective order can prohibit you from contacting the protected person, restrict where you can live or visit, suspend firearm rights, and impact custody — and violating one is a separate crime.

A Texas Magistrate's Order for Emergency Protection (MOEP) is automatic for many family violence arrests and lasts 31-91 days. A final protective order can last up to 2 years (or longer in aggravated cases). Effects: no contact with protected person; prohibition on possessing firearms during the order; potential impact on parental rights and visitation; violation under Tex. Penal Code § 25.07 is at minimum a Class A misdemeanor, and in aggravated cases a 3rd-degree felony.

When to contact a lawyer: Within hours of a protective order being requested or served.

Tex. Fam. Code chs. 81-85; Tex. Code Crim. Proc. art. 17.292; Tex. Penal Code § 25.07.

Theft becomes a state jail felony at $2,500 in Texas, with progressive felony tiers up to 1st-degree felony for theft over $300,000.

Texas theft tiers: under $100 — Class C misdemeanor; $100-$750 — Class B; $750-$2,500 — Class A; $2,500-$30,000 — state jail felony; $30,000-$150,000 — 3rd-degree; $150,000-$300,000 — 2nd-degree; over $300,000 — 1st-degree. Aggravating factors that elevate the offense: theft from elderly, theft of livestock, theft from the person, two prior theft convictions (any value), theft by a public servant. Aggregation: multiple thefts in a continuing scheme can be combined to reach felony thresholds under § 31.09.

When to contact a lawyer: Immediately — theft cases often have negotiation, restitution, and civil-resolution paths.

Tex. Penal Code §§ 31.03, 31.09.

Burglary in Texas is the unlawful entry of a habitation, building, or vehicle with intent to commit a felony, theft, or assault — even without taking anything.

Burglary of a habitation under § 30.02 is a 2nd-degree felony, elevated to 1st-degree if the defendant entered with intent to commit a felony other than theft (e.g., assault, sexual assault). Burglary of a building (non-residential) is a state jail felony. Burglary of vehicle under § 30.04 is a Class A misdemeanor (or state jail felony with prior burglary convictions). Critical distinction: burglary requires only entry plus intent — the State doesn't have to prove anything was actually taken.

When to contact a lawyer: Immediately — burglary's intent element is contestable but requires careful defense.

Tex. Penal Code §§ 30.02, 30.04, 30.05.

Some Texas theft charges can be expunged or sealed depending on the disposition (dismissal, deferred adjudication, conviction).

Expunction is available when charges are dismissed, when there's a no-bill, after a not-guilty verdict, or after pardon. Class C misdemeanor theft with deferred adjudication is generally expungable after the deferral completes. Felony theft convictions generally cannot be expunged. Order of nondisclosure (sealing from public view) covers many deferred adjudication outcomes after waiting periods. Senate Bill 731 expanded eligibility for some convictions.

When to contact a lawyer: At least 30 days before any waiting period expires — petitions take time to prepare.

Tex. Code Crim. Proc. ch. 55; Tex. Gov't Code §§ 411.071–411.0775.

You can check public warrant information through county sheriff websites, the Texas Department of Public Safety, or by calling — but doing so without a lawyer can lead to immediate arrest.

Sources: Collin County Sheriff's warrant search (publicly accessible online), Texas DPS, local municipal court warrant lists, and statewide databases via attorney access. Risks of self-service: walking into a courthouse or sheriff's office to ask about a warrant typically results in immediate arrest. Better path: have an attorney check, file any necessary motions to recall the warrant, and arrange a controlled walk-through.

When to contact a lawyer: Before any in-person inquiry at a courthouse or police station.

Tex. Code Crim. Proc. ch. 15.

File a motion to recall or quash with an attorney, schedule a controlled walk-through with the court, or post bond after a planned surrender.

Pathways: motion to recall — attorney files explaining the underlying issue (missed court, fee unpaid, etc.) has been addressed; voluntary surrender with bond pre-arranged so you walk in, get processed, and are released within hours; walk-through with the prosecutor — sometimes available for low-level misdemeanors; bond reduction motion immediately after surrender. The wrong move — getting pulled over and arrested on a routine traffic stop — turns a recallable warrant into a high-bond mess.

When to contact a lawyer: Immediately upon learning of any warrant.

Tex. Code Crim. Proc. ch. 15; local court rules vary by county.

An arrest warrant is issued at the start of a case based on probable cause; a bench warrant is issued by a judge for failing to appear at a scheduled court date.

Arrest warrants follow probable cause review (or a grand jury indictment for felonies) — the police actively look for the named person and arrest them anywhere in Texas. Bench warrants are issued by a judge mid-case after a defendant fails to appear; the bond is typically forfeited and the warrant is "no bond" or carries a higher bond amount. Bench warrants can be cleared faster because the underlying case is already pending — the attorney can often arrange a re-bonding without a full re-arrest.

When to contact a lawyer: Immediately upon any missed court date or learning of either warrant type.

Tex. Code Crim. Proc. ch. 15, art. 23.01.

A probation violation in Texas typically triggers a Motion to Revoke (MTR), arrest, and a hearing where the judge can extend probation, modify conditions, or revoke and impose the original sentence.

After a violation (positive drug test, missed reporting, new offense, failure to pay fees, etc.), the probation officer files an MTR. The court issues a capias (bench warrant). At the hearing, the State must prove the violation by a preponderance of the evidence (lower than "beyond a reasonable doubt"). Possible outcomes: continue probation with sanction; modify conditions (e.g., mandatory treatment); extend the term; revoke and impose the underlying sentence. Deferred adjudication revocation under § 42A.755 is more dangerous — the original full punishment range becomes available.

When to contact a lawyer: Within 24 hours of any alleged violation or MTR filing.

Tex. Code Crim. Proc. art. 42A.751, 42A.755.

A first failed drug test typically results in a Motion to Revoke filing, but outcomes range from a sanction (treatment, jail time on weekends) to full revocation.

Common Collin County first-failure outcomes: sanction — short jail commitment, mandatory drug treatment, increased reporting; modification — adding ankle monitor, GPS, or curfew; extended probation; full revocation if there's a pattern or aggravating offense. Defense strategies: challenge the test result (chain of custody, lab error, prescription medication interaction); negotiate sanction in lieu of revocation; propose voluntary treatment; request hearing to contest the violation.

When to contact a lawyer: Immediately — within 48 hours of the failed test gives the most options.

Tex. Code Crim. Proc. art. 42A.751.

Yes — possible outcomes include sanction in lieu of revocation, dismissal of the MTR after compliance, or successful contest at the revocation hearing.

Pathways: address the underlying problem before the hearing (treatment completion, fee payment, restitution); negotiate a sanction with the DA — short jail time and continued probation instead of revocation; contest the violation factually at the hearing (preponderance burden on State); seek modification rather than revocation. Many Collin County judges are receptive to genuine corrective action when presented properly.

When to contact a lawyer: Immediately — pre-hearing preparation makes the difference.

Tex. Code Crim. Proc. art. 42A.751.

Texas juvenile court handles cases for ages 10-16 (and 17 if charged before turning 17), with proceedings called "adjudication" rather than conviction and dispositions focused on rehabilitation.

A juvenile is "adjudicated delinquent" rather than "convicted." Proceedings are non-jury (judge-only) unless a jury is requested. Dispositions include probation, placement in juvenile facility, county boot camp, deferred prosecution, or — for serious cases — Texas Juvenile Justice Department (TJJD) commitment up to age 19. For 14-16 year olds charged with serious felonies, the State can seek "certification" to adult court, where the case is prosecuted as if the juvenile were an adult.

When to contact a lawyer: Immediately upon any juvenile arrest, citation, or detention.

Tex. Fam. Code chs. 51-58; § 53.045 (determinate sentencing); § 54.02 (certification).

Yes — most juvenile records can be sealed automatically at age 19 or by petition under Texas Family Code § 58.253.

Texas allows sealing when the juvenile turns 19 (or earlier in some misdemeanor cases) and has satisfied case requirements. Sealing limits public access but does not entirely erase — law enforcement and certain agencies can still see it. Some serious offenses (capital felony adjudications) cannot be sealed. The 2017 changes under SB 393 simplified the process for certain offenses, allowing automatic sealing without petition for some Class C misdemeanors. Filing a petition early ensures the record doesn't surface in college admissions, military, or background checks.

When to contact a lawyer: Before age 19 or before any major background check.

Tex. Fam. Code §§ 58.253, 58.254, 58.255.

Certification (transfer) is when a Texas juvenile court transfers a 14- or 15-year-old (or 14-16 for capital felonies) to be tried as an adult for serious offenses.

To certify, the State must show: (1) juvenile was 14+ at the time of offense (15+ for non-capital first-degree felonies); (2) probable cause exists; (3) the juvenile court conducted a full investigation including diagnostic study; (4) considering the seriousness of the offense and welfare of the community, transfer is warranted. Defense strategy involves challenging certification through rehabilitative-potential evidence, mental health evaluations, and arguments that juvenile placement remains appropriate.

When to contact a lawyer: Immediately upon any serious juvenile charge — certification motions can come early.

Tex. Fam. Code § 54.02; Moon v. State, 451 S.W.3d 28 (Tex. Crim. App. 2014).

Federal cases involve U.S. Attorney prosecutors, federal sentencing guidelines, no state parole, and significantly higher conviction rates and sentences than state cases.

Key differences: pretrial motion practice is more rigorous; Federal Sentencing Guidelines drive sentencing — judges deviate but rarely dramatically; federal probation/supervised release runs in addition to prison time; federal grand jury practice is more aggressive than Texas state grand juries; Substantial Assistance (cooperation) under USSG § 5K1.1 can reduce sentences; federal conviction rates are above 90%, with most cases resolving by plea. Federal cases in our region are heard in TXND (Northern District of Texas) — Dallas, Fort Worth, Plano, Sherman divisions — or TXED (Eastern District of Texas).

When to contact a lawyer: Immediately upon any federal contact (subpoena, target letter, interview request).

Fed. R. Crim. P.; U.S.S.G.; 18 U.S.C., 21 U.S.C.

A federal target letter is a notice from the U.S. Attorney that you're a target of a grand jury investigation — do not contact the prosecutor directly; retain federal defense counsel immediately.

A target letter typically tells you: you're a "target" of a federal investigation (vs. "subject" or "witness"); the general nature of the offense; sometimes an offer to testify before the grand jury, which carries significant risk. Receiving a target letter often signals an indictment is imminent (within weeks to months). The right early moves: retain experienced federal defense counsel; preserve all relevant documents; do not destroy evidence (separate obstruction charge); do not discuss the matter with potential witnesses; let counsel handle all U.S. Attorney communications.

When to contact a lawyer: Within 24 hours of receiving any federal target letter, subpoena, or interview request.

18 U.S.C. § 1503; U.S. Attorneys' Manual § 9-11.150.

Federal sentencing uses a guideline calculation based on offense level and criminal history, producing an advisory sentencing range that the judge considers along with statutory factors.

Sentencing process: base offense level set by statute; specific offense characteristics adjust up or down; adjustments for role, victim impact, obstruction, acceptance of responsibility; criminal history score determines criminal history category; final offense level + criminal history category determines the advisory range. Judge then considers 18 U.S.C. § 3553(a) factors and can vary or depart up or down. Departures: U.S.S.G. § 5K1.1 (substantial assistance), § 5K2.0 (other grounds).

When to contact a lawyer: Pre-indictment if possible — sentencing strategy starts before charging.

U.S.S.G.; 18 U.S.C. § 3553; Booker, 543 U.S. 220 (2005).

You can expunge a Texas record if your case was dismissed, no-billed, ended in acquittal, you received a pardon, or you completed deferred adjudication for a Class C misdemeanor.

Expunction (full erasure) is available for: dismissals after waiting period; acquittals; no-bills (with waiting periods); pardons; Class C misdemeanor deferred adjudication after completion; certain identity theft victims. Felony deferred adjudication is generally NOT eligible for expunction — but is eligible for nondisclosure (sealing) under Tex. Gov't Code § 411.0725. Convictions generally cannot be expunged in Texas, with rare exceptions. Senate Bill 731 (effective 2017) expanded eligibility for some non-violent first-offense convictions.

When to contact a lawyer: As soon as the waiting period applies.

Tex. Code Crim. Proc. ch. 55; Tex. Gov't Code § 411.0725.

Expunction completely erases the record; nondisclosure (sealing) hides it from public view but keeps it accessible to law enforcement and certain agencies.

Expunction: physical destruction of records by the agencies that hold them. After expunction, you can legally deny the arrest occurred (with narrow exceptions). Nondisclosure: removes records from public databases like background-check sites and most employer searches; law enforcement, courts, certain professional licensing boards, and some employers (schools, healthcare) still see it. Eligibility for nondisclosure expanded under SB 1232 (2015) and SB 731 (2017). Waiting periods vary: some misdemeanor deferreds are immediate; some felonies require 5 years.

When to contact a lawyer: Right when the waiting period begins or is about to begin.

Tex. Code Crim. Proc. ch. 55; Tex. Gov't Code §§ 411.071–411.0775.

Wait times depend on the disposition: immediate for acquittals; 180 days for Class C dismissals; statutes of limitations for unfiled charges; longer for certain dismissed cases.

Common Texas expunction waiting periods: acquittal — no waiting period, petition immediately; pardon — no waiting period; dismissal of indicted case — 3-year wait if statute of limitations is shorter; dismissal of un-indicted case — generally 180 days for Class C, 1 year for Class A/B, 3 years for felonies (or statute of limitations); Class C deferred adjudication — immediately upon successful completion. The petition is filed in the district court of the county where the arrest occurred, with notice to all affected agencies (DPS, county sheriff, police, FBI for federal-fingerprint records).

When to contact a lawyer: At least 30-60 days before any waiting period expires.

Tex. Code Crim. Proc. art. 55.01.

Texas criminal defense fees vary by charge type and complexity, ranging from a few thousand dollars for misdemeanors up to tens of thousands for serious felonies and federal cases.

General Texas private-counsel ranges: misdemeanor — several thousand to mid five-figures; non-violent felony — wider range depending on complexity; serious felony (assault, drugs over PG limits, fraud) — meaningfully higher; federal cases — substantially higher with longer engagements; capital cases — highest tier. Most criminal defense fees are flat-fee for the trial court level; appeals charged separately. Court-appointed counsel is available for indigent defendants; the financial threshold varies by Texas county.

When to contact a lawyer: At the free consultation — written fee agreement should be reviewed before any payment.

Tex. Disc. R. Prof. Conduct R. 1.04; Tex. Code Crim. Proc. art. 26.04.

Yes — even Class C misdemeanors carry collateral consequences (background checks, licensing, immigration impact) that an experienced lawyer can mitigate.

Misdemeanor consequences people underestimate: background checks reveal pending charges and convictions for years; some misdemeanors trigger federal firearm prohibitions (family violence under 18 U.S.C. § 922(g)(9)); employment, housing, and licensing applications routinely ask about misdemeanors; immigration consequences for non-citizens — some misdemeanors are deportable; Class A and B misdemeanor convictions in Texas don't usually qualify for expunction. A lawyer can negotiate dismissals, reductions, deferred adjudication, or strategic plea pathways that protect these collateral interests.

When to contact a lawyer: Before any plea or court appearance.

Tex. Code Crim. Proc. chs. 27, 45; 18 U.S.C. § 922(g)(9); 8 U.S.C. § 1227.

Texas misdemeanors often resolve in 3-6 months; felonies typically run 6-18 months; complex cases or trials can extend to 2+ years.

Typical Collin County milestones: arraignment — 30-90 days post-arrest/indictment; discovery and pretrial motions — 60-180 days; plea negotiations or trial settings — 6-12 months for routine felonies; trial preparation and trial — adds 2-6 months if going to trial. Federal cases generally take longer because of procedural rigor and pre-sentence investigation. Case length is shorter when defendant cooperates with negotiation, evidence is straightforward, no aggravating factors. Longer when multiple defendants, complex forensics, expert witness disputes.

When to contact a lawyer: At the start of the case.

Tex. Code Crim. Proc. art. 32A.02.

Ask about trial experience in your court, fee structure, communication expectations, who handles your case, and specific defense strategies for your charges.

Smart questions: How many cases of my type have you tried in Collin/Dallas/Denton/Tarrant County? How much of your practice is criminal defense vs. other areas? Will you personally handle my case, or an associate? How and how often will you communicate with me? What's your assessment of likely outcomes? (Be wary of lawyers who guarantee results.) What's the total fee, what does it cover, and is there a written agreement? What will pretrial motions and trial preparation involve? Do you have referrals or recent comparable case results (with appropriate disclaimers)?

When to contact a lawyer: For free consultation before retaining.

Tex. Disc. R. Prof. Conduct Rules 1.04, 1.05, 1.07.

At arraignment, the judge reads the formal charges, the defendant enters a plea (usually not guilty), and the court sets bond and future court dates.

Arraignment is the formal start of the prosecution after charging. Steps: court reads the charges; defendant enters a plea — almost always "not guilty" at this stage to preserve all defenses; court ensures the defendant has counsel or appoints one if indigent; bond is reviewed and may be modified; future court settings (pretrial, plea, trial) are scheduled. Defendants in Collin County often appear by video for non-felony arraignments. Important: do not waive any rights at arraignment without consulting counsel.

When to contact a lawyer: Before arraignment.

Tex. Code Crim. Proc. art. 26.01–26.13.

"Charged" applies to misdemeanors filed by the prosecutor's information; "indicted" applies to felonies returned by a grand jury under Texas Constitution Article I, § 10.

Misdemeanor charges in Texas are filed by the prosecutor through an information; felony charges generally require an indictment by a grand jury (12 jurors, with 9 needed to indict). The grand jury process is secret; the prosecutor presents evidence to obtain a "true bill" (indictment) or "no bill" (no charges). A defendant can waive indictment and proceed by criminal complaint. Pre-indictment representation can sometimes prevent indictment by presenting evidence to the DA's office before the case goes to the grand jury.

When to contact a lawyer: As early as possible.

Tex. Const. art. I, § 10; Tex. Code Crim. Proc. arts. 21.01, 21.02.

Deferred adjudication is a Texas community supervision option where the defendant pleads guilty or no contest, the court defers a finding of guilt, and the defendant completes a probation period without conviction.

After successful deferred adjudication completion, the case is dismissed and there is no conviction on the record — but it remains visible in many background checks unless sealed by an order of nondisclosure. Failure to complete deferred adjudication leads to "adjudication of guilt," at which point the full punishment range (not the agreed cap) becomes available. Eligibility: most Texas felonies and misdemeanors qualify, but not certain offenses (some sex offenses, repeat DWI in some cases, capital felony). Strategic considerations: deferred can be excellent for first-time offenders who can complete the conditions reliably; risky for defendants who can't comply with terms.

When to contact a lawyer: Before any plea — deferred adjudication terms are negotiable.

Tex. Code Crim. Proc. art. 42A.101–42A.111.

After arrest, you're transported to the Collin County Detention Facility, processed (booking, fingerprints, mugshot, medical screening), and held until magistrate appearance and bond is set or posted.

Process at Collin County Detention (2300 Bloomdale Rd., McKinney): intake and booking — typically 4-12 hours; magistrate appearance — usually within 24-48 hours, often by video; bond setting — magistrate reviews charges and sets bond; bond posting — once bond is posted (cash or bondsman), release within 4-24 hours. Visitation, phone calls, and commissary follow facility policies. Family members can post bond, but a defense attorney can often work to reduce bond and arrange faster release. Booking charges aren't always the final charges — the DA's office may file different counts.

When to contact a lawyer: Within hours of arrest.

Tex. Code Crim. Proc. ch. 17; Collin County Sheriff's Office booking policies.

Collin County tends to be more conservative on plea offers and probation revocation; Dallas County typically offers more pretrial diversion and treatment options.

Collin County DA's Office (McKinney): historically less likely to offer pretrial diversion on first-offense felonies, more aggressive on DWI prosecution, strict on probation conditions, fewer specialty courts (drug court, mental health court are present but selective). Dallas County DA's Office: broader pretrial diversion (DIVERT for first-offense DWI, S.T.A.R. court, others), more treatment-focused options for drug and mental health cases, longer dockets but more disposition flexibility. Strategic implication: defense approach should reflect the DA's culture in your charging county.

When to contact a lawyer: Before any court appearance.

Local DA office policies; Tex. Code Crim. Proc. art. 42A.101.

Frisco criminal cases are heard at the Frisco Municipal Court (Class C misdemeanors), Collin County Court at Law (Class A/B misdemeanors), Collin County District Court (felonies), and federal court if federally charged.

Court venues: Frisco Municipal Court (Class C, traffic, low-level municipal — appeals go to Collin County Court at Law); Collin County Court at Law (1-7), located at the Russell A. Steindam Courts Building in McKinney — handles misdemeanors; Collin County District Courts (199th, 366th, 380th, 401st, 416th, 417th, 469th) — handle felonies; U.S. District Court for the Eastern District of Texas (Sherman or Plano divisions for federal charges from Frisco). The choice of court is driven by charge level and the location of the offense, not the defendant's preference.

When to contact a lawyer: Immediately upon any charge.

Tex. Gov't Code chs. 25, 26; Tex. Const. art. V.

L&L Law Group represents clients in Collin, Dallas, Denton, Tarrant, Rockwall, Hunt, Kaufman, and Ellis counties, plus federal cases in TXND and TXED.

Our office at 5899 Preston Rd, Suite 101, Frisco, Texas 75034 serves the entire DFW metroplex. Collin County is our home county (McKinney courthouse). Dallas County (Frank Crowley Courts Building, Dallas), Denton County (Denton courthouse), Tarrant County (Fort Worth criminal courts) are routine venues. Rockwall, Hunt, Kaufman, and Ellis counties are within driving distance and we appear there as needed. Federal cases: TXND (Dallas, Fort Worth, Sherman, Plano divisions) and TXED (Sherman, Plano, Tyler divisions).

When to contact a lawyer: For free consultation regardless of which county you were charged in.

Tex. Gov't Code chs. 22-26; 28 U.S.C. § 124.