General Criminal Defense
Broader Texas criminal-defense topics, general resources, and overview content.
Topic Overview
The General Criminal Defense topic gathers Texas criminal-defense posts that span multiple practice areas — the cross-cutting strategies, procedural mechanics, defendant-rights explainers, and ground-floor knowledge that applies whether the charge is DWI, drug possession, assault, theft, or weapons-related. Topics include the difference between an attorney and a public defender (Tex. Code Crim. Proc. Chapter 26), how to find and choose a criminal defense lawyer, what to do during a police encounter, what to expect at each stage of the process from arrest to verdict, the cost of representation and fee structures, and the realistic timelines for case resolution in each of the four-county metroplex jurisdictions. Reggie London and Njeri London, Co-Founding Partners at L and L Law Group, defend criminal cases across the full spectrum of Texas charges — and the posts in this hub serve as the orientation layer for clients evaluating representation, considering self-representation risks, or simply trying to understand what is about to happen. If you are facing a specific charge type, jump to the dedicated topic hub for that area; if you are in pre-charge investigative posture, start here.
Related Tools, Guides & References
Compendium Pillar
Texas Punishment Ranges Master Guide — the in-depth reference on this topic with statute citations, decision trees, and case-law analysis.
Interactive Calculators
Run the numbers: Texas Statute of Limitations Checker, Texas Court Cost / Fine Calculator, Texas Bond Amount Estimator.
Legal Glossary
Defined terms: Beyond a reasonable doubt, Presumption of innocence, Statute of limitations.
Practice Area
If you are facing a charge, see Criminal Defense — Practice Areas for representation details.
Key Defined Terms
- Presumption of Innocence
- The constitutional principle that a defendant is presumed innocent until proven guilty beyond a reasonable doubt. Codified in Tex. Code Crim. Proc. art. 38.03 and rooted in the Fifth and Fourteenth Amendments.
- Beyond a Reasonable Doubt
- The constitutional burden of proof for criminal conviction in Texas and federal court. Higher than civil 'preponderance' or 'clear and convincing' standards. The State must persuade the trier of fact to that degree on every element of the charged offense.
- Statute of Limitations
- The period within which the State must file charges or be permanently barred from prosecution. Texas SoL is governed by Tex. Code Crim. Proc. Chapter 12 — ranging from 180 days (some Class C misdemeanors) to no limitation (murder, certain sex offenses).
Frequently Asked Questions
What is the difference between a public defender and a private criminal-defense attorney in Texas?
A public defender is a government-employed attorney appointed under Tex. Code Crim. Proc. Chapter 26 to represent indigent defendants. A private attorney is retained directly by the defendant. Both are bound by the same Texas Disciplinary Rules of Professional Conduct and the constitutional standard of effective assistance under Strickland v. Washington (1984). Practical differences include caseload size, choice-of-counsel, fee structure, and availability for direct communication. Many Texas counties supplement public defenders with appointed-counsel rosters of private attorneys.
How long does a Texas criminal case typically take?
Misdemeanor cases in county courts at law typically resolve within 90-180 days. Felony cases in district court typically take 6-18 months from arrest to disposition, with complex cases (white-collar, capital, sex offenses involving forensic evidence) extending to 2-3 years. The defendant's right to a speedy trial under the Sixth Amendment and Tex. Const. Art. I, §10 provides a constitutional floor — but the practical timeline depends on the docket, the complexity, and the discovery requirements.
What should I do during a Texas police encounter?
Identify yourself with name and date of birth if requested. Remain calm and avoid physical resistance. Politely decline to answer questions beyond identification — 'I would like to speak to my attorney before answering questions' is the appropriate invocation of the Fifth and Sixth Amendment rights. Politely decline consent to searches — 'I do not consent to a search' preserves your Fourth Amendment objection. Do not lie or destroy evidence. Comply with arrest commands while continuing to invoke your rights.
Do I really need an attorney for a misdemeanor in Texas?
In most cases, yes. Misdemeanor convictions carry consequences far beyond the immediate jail or fine — including immigration impact, professional-licensing impact, federal firearm prohibitions (for domestic-violence misdemeanors), CDL disqualifications, college-admission impact, and the long-tail collateral consequences. A consultation with a criminal-defense attorney is often free and can identify case-specific exposure that the defendant does not see.
What is the cost of a Texas criminal-defense attorney?
Fees vary by complexity, attorney experience, and case stage. Misdemeanor representation typically runs $1,500-$5,000; felony representation typically runs $5,000-$25,000 for plea/disposition and $15,000-$75,000 for jury trial. Federal cases are higher. Most criminal-defense attorneys quote a flat fee per case or per phase rather than an hourly rate, which provides cost predictability. Payment plans are common.
Texas Penal Code §46.02 Unlawful Carrying Weapon (UCW)
Texas UCW § 46.02 — Class A misdemeanor for unlawful carry, third-degree felony in prohibited places. HB 1927 permitless carry impact, defenses.
Texas Penal Code §42.072 Stalking — Charges and Defense
Texas stalking § 42.072 — third-degree felony, second-degree with prior conviction. Course-of-conduct element, reasonable-fear standard, defense.
Texas Penal Code §38.02 Failure to Identify — When You Must Show ID
Texas failure to identify § 38.02 — Class C misdemeanor for refusal after arrest, Class B with false information. Stop-and-identify rules clarified.
Violating a Restraining Order Texas — Penal Code §25.07 Charges
Texas Penal Code §25.07 violation of protective order — penalties, defenses, enhancements.
Modifying a Restraining Order in Texas — Process Explained
Texas restraining order modification — grounds, process, common modifications, hearing requirements.
False Restraining Order Texas — How to Defend Yourself
Defending against false Texas restraining order allegations — strategies, evidence, legal recourse.
Restraining Order Without Police Report Texas
Texas restraining orders without prior police reports — process, evidence, viability.
Texas Penal Code §28.08 Graffiti — Charges and Defense
Texas graffiti § 28.08 — penalty tiers from Class B misdemeanor to first-degree felony, school/church enhancements, restitution rules, defense strategy.
How to Defend Against a Restraining Order in Texas
Texas restraining order defense strategies — challenging applications, hearing preparation, attorney representation.
Temporary Restraining Order Texas — TRO Process Explained
Texas Temporary Restraining Order (TRO) process under Rule 680 TRCP — applications, hearings, terms.
Texas Restraining Order Requirements — Eligibility and Documentation
Texas restraining order eligibility — who qualifies, evidence requirements, family violence definitions.
How Long Does a Restraining Order Last in Texas?
Duration of Texas restraining/protective orders — by order type, modification, renewal options.
Restraining Order Texas — Filing Requirements and Costs
Texas restraining order filing requirements, costs, fees, and waivers.
Restraining Order Lawyer Texas — Defense Strategies
Texas restraining order defense lawyer strategies — challenging applications, hearing preparation.
Restraining Order Attorney Texas — When to Hire One
When to hire Texas restraining order attorney — applicants and respondents, costs, strategies.
What Is a Restraining Order? Texas Family Code Definitions
Restraining order definition and Texas Family Code framework — types and applications.
How to File a Restraining Order in Texas — Required Forms and Process
Texas restraining order filing — required forms, county procedures, service requirements.
How to Get a Restraining Order in Texas — Step by Step
Step-by-step Texas restraining order process — filing, hearings, enforcement.
Restraining Order in Texas — Complete 2026 Guide
Complete Texas restraining order guide — types, process, costs, enforcement, defense.
Texas Penal Code §22.08 Aiding Suicide — Charges and Defense
Texas aiding suicide § 22.08: Class C misdemeanor base; state-jail felony if suicide occurs or serious bodily injury results. Elements and defenses.