Clear Answers for
Complex Legal Questions

When you or a loved one are facing the Texas criminal justice system, the uncertainty can be overwhelming. You need accurate information, and you need it immediately. This FAQ resource is designed to cut through the confusing legal jargon and provide direct, honest answers to the questions our clients ask most.

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Frequently Asked Questions

While these answers offer a helpful starting point, remember that every case is unique. Navigating a legal crisis requires a personalized strategy, the kind that comes from understanding how the state builds its cases from the inside out. If you don’t see your specific question answered below, or if you need immediate assistance with a pending matter, our team is here to help.

General / Getting Started

How do I know if I need a criminal defense attorney?

If you have been arrested, charged, or believe you are under investigation for any criminal offense in Texas, you need an attorney. Even if you think the charges are minor or that the situation will resolve itself, the decisions made in the early stages of a criminal case have lasting consequences. A criminal record, even for a misdemeanor, can affect your employment, housing, and professional licenses. The sooner you have an attorney involved, the more options you have.

What should I do immediately after being arrested in Texas?

The most important thing you can do after an arrest is exercise your right to remain silent. Do not answer questions, do not try to explain yourself, and do not consent to searches. Politely tell the officer that you are invoking your right to remain silent and that you want to speak with an attorney. Then contact a criminal defense attorney as soon as possible — ideally before making any statements to law enforcement.

Will Richard personally handle my case or will it be passed to someone else?

Richard personally handles every case from the initial consultation through final resolution. You will have his direct cell phone number and will work with him directly throughout the entire process. Your case will never be handed off to an associate or a paralegal.

How does having a former prosecutor as my defense attorney help me?

Richard spent years as a Travis County prosecutor building the exact kinds of cases he now defends against. He knows how prosecutors think, what evidence they prioritize, how they evaluate cases for trial, and where their cases are most vulnerable to challenge. That insider perspective shapes every decision in your defense, from how pretrial motions are argued to how cross-examination is conducted at trial.

Does Richard offer free consultations?

Yes. Richard offers free, confidential consultations. You can call or text him directly at (512) 499-0007. He answers his own phone and will speak with you personally about the facts of your case, your options, and what to expect going forward — with no obligation.

Fees and Process

How much does a criminal defense attorney cost in Texas?

Attorney fees vary depending on the complexity of the charge, the level of the offense, and whether the case goes to trial. Richard charges flat fees for most cases, which are discussed transparently during the initial consultation. There are no surprises and no hidden costs. The best way to understand what representation will cost in your specific situation is to call for a free consultation.

Do you offer payment plans?

Yes. Richard understands that an unexpected arrest creates financial stress on top of everything else. Payment plan options are available and can be discussed during your consultation.

What happens at my first court appearance?

Your first court appearance is typically an arraignment — a brief proceeding where you are formally informed of the charges against you and asked to enter a plea. In most cases, your attorney will enter a not guilty plea on your behalf regardless of the ultimate defense strategy, preserving all your options going forward. Bail may also be addressed at this stage if it has not already been set.

What is the difference between a misdemeanor and a felony in Texas?

Misdemeanors are less serious offenses handled at the county level. Texas has three levels of misdemeanor — Class C (fine only, no jail), Class B (up to 180 days in jail), and Class A (up to one year in jail). Felonies are more serious offenses that can result in state prison time. Texas felony levels range from State Jail Felony (up to two years) through First Degree Felony (up to life in prison). The classification of your charge directly affects the potential penalties and the long-term consequences for your record.

How long does a criminal case typically take in Texas?

It depends on the type and complexity of the charge. A misdemeanor case in Travis County can sometimes be resolved in a few months. A felony case typically takes six months to two years from arrest to resolution, depending on whether the case goes to trial, how complex the evidence is, and the court’s schedule. Richard will give you a realistic timeline based on the specific facts of your case.

Sex Crimes

What should I do if I've been falsely accused of sexual assault?

Contact a criminal defense attorney immediately, before speaking to law enforcement, before contacting the accuser, and before posting anything on social media. Do not delete any text messages, emails, or other communications, as these may contain crucial evidence supporting your defense. Write down your account of events while the details are fresh and share that account only with your attorney. False accusations must be treated with the same urgency as legitimate charges, because the legal process does not pause while the truth is sorted out.

Does a sexual assault conviction require sex offender registration in Texas?

Yes. Every sexual assault conviction in Texas, including sexual assault of an adult, sexual assault of a child, and aggravated sexual assault, requires lifetime registration as a sex offender. Registration affects where you can live, where you can work, your ability to travel internationally, and your internet and social media access. Failure to comply with registration requirements is itself a felony. The registration consequences are one of the most significant long-term effects of a sexual assault conviction and are a major reason why mounting an aggressive defense from the very beginning is so critical.

What does the State have to prove in a sexual assault case?

The State must prove beyond a reasonable doubt that the defendant committed a specific sexual act as defined under Texas Penal Code § 22.011, that the act was intentional or knowing, and that it occurred without the alleged victim’s consent. Lack of consent is defined by specific circumstances in the statute including force, threats, unconsciousness, incapacity, and exploitation of authority. In most acquaintance assault cases, the consent question is the central battleground, and the prosecution’s ability to prove lack of consent beyond a reasonable doubt is where these cases are most frequently challenged.

Can sexual assault charges be dropped before trial?

Yes, charges can be dismissed before trial if the evidence is insufficient, if key evidence is suppressed through pretrial motions, if the alleged victim’s credibility is seriously undermined, or if the prosecution determines the case cannot be proven beyond a reasonable doubt. A defense attorney who engages strategically from the earliest stages — investigating independently, filing targeted motions, and building a compelling defense narrative — gives the case the best possible chance of resolution before it ever reaches a jury.

Record Clearing

What is the difference between an expunction and a non-disclosure in Texas?

Expunction permanently destroys all records related to an arrest, law enforcement records, court records, prosecutor files, and state database entries. Once expunged, you can legally deny the arrest ever happened. Non-disclosure seals your record from public view, meaning most employers and landlords won’t see it, but certain government agencies and licensing boards can still access it. Expunction is the more complete remedy but is harder to qualify for. Non-disclosure is available in more situations but provides less complete protection.

Can I expunge a charge that was dismissed?

In most cases, yes. Provided you meet the applicable waiting period and other eligibility requirements. If your case was dismissed by the prosecutor, dismissed after completing a pretrial diversion program, or dismissed following an acquittal at trial, expunction is generally available. The waiting period runs from the date of arrest, 180 days for a Class C Misdemeanor, one year for a Class A or B Misdemeanor, and three years for a felony. An attorney can confirm your eligibility and file the petition on your behalf.

How long does the expunction process take in Texas?

From filing to completion, the expunction process typically takes two to four months in Travis County, though this varies depending on the court’s schedule and how quickly the notified agencies respond. The process involves filing a petition, serving all relevant agencies, attending a hearing, and following up to confirm records have been destroyed. Having an attorney handle the process ensures it is done correctly the first time, errors in the petition can result in denial and delay.

Will an expunged record show up on a background check?

After a successful expunction, the record should not appear on standard background checks conducted by employers, landlords, or the general public. However, private background check companies may take additional time to update their databases after receiving the expunction order, and follow-up may be needed to ensure compliance. Certain government background checks, for federal employment, security clearances, or professional licensing in some fields, may have access to records that are not fully removed by a state expunction order.

Drug Charges & Crimes

What is the difference between drug possession and intent to distribute?

Simple possession means you had a controlled substance for personal use. Possession with intent to distribute means the State believes you intended to sell or transfer the drug to others. Since intent cannot be directly observed, prosecutors build distribution cases from circumstantial evidence, the quantity of drugs, packaging in multiple baggies, the presence of scales, large amounts of cash, text messages referencing transactions, or witness statements. The penalties for distribution are significantly higher than for simple possession at every quantity level, sometimes by decades of potential prison time.

Can a first-time drug offense be expunged in Texas?

It depends entirely on how your case was resolved. If you were convicted, even with probation — expunction is not available in Texas. If your case was dismissed, you were acquitted, or charges were never filed, expunction may be possible after the applicable waiting period. If you completed deferred adjudication, you may not qualify for expunction but may qualify for a non-disclosure order, which seals your record from public view. The outcome at the front end of your case directly determines your record relief options down the road.

What is deferred adjudication and does it apply to drug charges?

Deferred adjudication is a form of probation where you plead guilty, complete a probationary period with conditions, and if you successfully complete it, the case is dismissed without a formal conviction. It is commonly offered to first-time drug offenders in Texas and keeps a conviction off your record. However, completing deferred adjudication does not qualify you for expunction in most circumstances, though a non-disclosure petition may be available. It also has immigration implications and can affect professional licensing, so it should be evaluated carefully with an attorney before accepting.

Can I be charged with drug possession if the drugs weren't on me?

Yes. Texas law recognizes constructive possession, meaning you can be charged with possession of drugs found in your car, your home, or any space you have control over, even if the drugs were not physically on your person. The State must prove that you knew the drugs were there and that you exercised control over them. In situations where multiple people had access to the location where the drugs were found, constructive possession becomes a contested issue that an experienced defense attorney can challenge effectively.

Assault & Family Violence

Can I be charged with assault if I didn't touch anyone?

Yes. Under Texas Penal Code § 22.01, assault includes intentionally or knowingly threatening another person with imminent bodily injury — even if no physical contact occurs. A credible threat that causes someone to fear for their immediate safety can be charged as a Class C Misdemeanor assault. If a deadly weapon was involved in the threat, the charge can escalate to aggravated assault, a felony — even without any physical contact.

What happens if the alleged victim doesn't want to press charges?

In Texas, the decision to prosecute belongs to the State, not the alleged victim. Once law enforcement is involved and a report has been made, a prosecutor can and often does proceed with charges even over the objection of the complaining witness. The alleged victim’s reluctance to cooperate can weaken the State’s case, but it does not automatically result in dismissal. This is particularly common in domestic violence situations, where prosecutors frequently move forward even when victims recant.

Can a family violence charge be dropped in Texas?

Charges can be dismissed, but the decision rests entirely with the prosecutor, not the alleged victim. Prosecutors are trained to pursue family violence cases even when victims recant, because recantation is common in these situations and does not necessarily mean the assault did not occur. That said, a recanting victim significantly weakens the prosecution’s case, and an experienced defense attorney can leverage that weakness in negotiations. The best outcomes in family violence cases almost always involve an attorney who gets involved early.

What is the difference between assault and aggravated assault in Texas?

Simple assault involves intentionally causing bodily injury, making a credible threat of imminent harm, or causing offensive physical contact. Aggravated assault involves either serious bodily injury, injury that creates a substantial risk of death, permanent disfigurement, or long-term loss of a body part — or the use or exhibition of a deadly weapon during the assault. Simple assault ranges from a Class C Misdemeanor to a Third Degree Felony depending on the circumstances. Aggravated assault is at minimum a Second Degree Felony and can be elevated to a First Degree Felony, carrying up to life in prison.

DWI & Driver's License Issues

Can I still drive if my license is suspended for a DWI in Austin?

If your license is suspended, you cannot legally drive under a standard license. However, an attorney can petition the Travis County courts on your behalf for an Occupational Driver’s License (ODL). This is a restricted license that grants you the legal right to drive for essential household duties, such as traveling to work, school, grocery shopping, or medical appointments.

What is an ALR hearing and do I need to request one?

An ALR (Administrative License Revocation) hearing is a civil administrative proceeding that determines whether your driver’s license should be suspended following a DWI arrest. You must request it within 15 days of your arrest or you forfeit your right to contest the suspension. Beyond the license issue, the ALR hearing also gives your attorney the opportunity to cross-examine the arresting officer under oath before your criminal trial — locking them into a version of events that can be used to challenge their credibility if their story changes at trial.

Do I have to take a portable breathalyzer test if an officer asks me to?

No. You have the right to politely refuse a Portable Breath Test (PBT), the small, handheld device officers use on the side of the road before an arrest. Refusing a pre-arrest portable breath test carries no administrative penalties or automatic license suspensions. It is different from the official breathalyzer machine at the police station after an arrest, where refusal does carry a license suspension penalty under Texas’s implied consent law.

What is the difference between a breath test and a blood test in a Texas DWI?

A breath test measures alcohol concentrations via deep lung air on a machine at the station, which can be prone to calibration errors. A blood test is a forensic blood draw that measures alcohol or drugs directly from your system. While blood tests are generally more scientifically accurate, they are still vulnerable to human error, including contamination during storage, improper kit maintenance, or chain-of-custody mistakes.

Jail Release & Bail

What is a Personal Bond (PR Bond), and how do I get one in Travis County?

A Personal Bond (also known as a PR Bond) allows an individual to be released from jail based on their promise to appear in court, without having to pay a cash amount to a bondsman or the county. In Travis County, a judge must approve a PR Bond. Hiring an experienced criminal defense attorney significantly increases your chances of securing a PR Bond, as an attorney can present mitigating evidence directly to a magistrate judge to expedite the approval.

Is it better to hire a lawyer or a bail bondsman for jail release?

Hiring a lawyer is generally more strategic and cost-effective. While a bondsman’s non-refundable 10% fee is purely a financial guarantee to get someone out of jail, an attorney handles the release and applies that fee toward your actual legal defense. Furthermore, an attorney can argue for a PR Bond, which can save your family thousands of dollars in bond fees.

How is bail amount determined in Texas?

A judge sets bail at a hearing based on several factors, the severity of the charge, the defendant’s criminal history, their ties to the community, their flight risk, and the danger they may pose to the public. In Travis County, many bail amounts are set according to a standard schedule for common offenses. A defense attorney can appear at the bail hearing and argue for a lower amount or for release on personal recognizance, potentially saving you significant money on bond fees.

What happens if someone violates their bond conditions in Austin?

If a defendant violates a condition of their bon, such as failing a drug test, missing a court date, or violating a stay-away order—the judge can issue a warrant for their arrest and revoke the bond. If this happens, they will be taken back into custody, and it becomes significantly harder to secure a second release. If you suspect a violation has occurred, you need an attorney to intervene with the court immediately before a warrant is executed.

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