Texas criminal defense articles

Step-by-step: what to do in the first days after a DWI arrest in Texas, including the 15-day ALR deadline, bond conditions and your first court date.

Expunction and nondisclosure both help clean up a Texas criminal record, but they work differently. Learn who qualifies for each and how long to wait.

How family violence assault charges work in Texas: who counts as family, misdemeanor vs. felony, protective orders, and long-term effects.

A Texas DWI conviction stays on your criminal record permanently and cannot be expunged. Some first DWIs can be sealed by nondisclosure. Here is how it works.

Only if the DWI did not end in a conviction or probation: a dismissal, no-bill, acquittal or completed pretrial diversion. Otherwise, a first DWI may be sealed.

An arraignment confirms your identity and takes your plea. In Dallas County it happens at the Frank Crowley Courts Building, and a lawyer can often waive it.

It depends on what is in it. A nicotine vape is not a felony. A THC cartridge is usually a state jail felony under 1 gram. Here is how Texas law treats each.

Yes. In Texas, DUI is a Class C offense for drivers under 21 with any detectable alcohol. DWI is a criminal charge for intoxicated drivers of any age.

Not necessarily. A first DWI carries a 72-hour minimum if jail is imposed, but a judge can grant community supervision instead. Here is how it works.

Not on their own. Only the court can change or end a Texas protective order. Here is how a modification works and why contact is still risky.

Three different things: bond conditions, a magistrate's emergency order and a Family Code protective order. Who issues each, how long it lasts and how to change it.

It depends on the drug and the amount, not on whether it is a first offense. Under a gram of cocaine or meth is a state jail felony; small marijuana amounts are misdemeanors.

The judge can forfeit your bond and issue a warrant, and missing court on purpose can be a new charge. What to do right away if you missed a setting.

Sometimes: with probable cause, with your voluntary consent, or in a few other situations. Evidence taken illegally cannot be used. What the rules are and what to say.

Often, yes. Judges can grant community supervision on sentences of 10 years or less except for listed offenses, and juries can recommend it with no prior felony.

A charge alone does not, but orders and bond conditions can. A conviction brings a 5-year Texas bar and a federal ban. Here is how each rule works.

Usually yes. THC vape oil is Penalty Group 2, and under 1 gram is a state jail felony. What changed on July 31, 2026, and what to do if you are charged.

Emergency orders: 61 to 91 days (91 to 121 with a deadly weapon) since Sept. 1, 2025. Temporary ex parte: up to 20 days. Final: up to 2 years, sometimes longer.

A state jail felony is the lowest felony level in Texas: 180 days to 2 years in a state jail and a fine up to $10,000. Examples, reductions and probation.

After a Dallas County arrest: booking at the Lew Sterrett Justice Center, magistration, bond and conditions, and the first court setting at Frank Crowley.

Some first DWIs can be sealed through an order of nondisclosure after a waiting period of 2, 3 or 5 years. A DWI conviction cannot be expunged.

Two clocks matter: the statute of limitations (often 3 years for felonies) and Code of Criminal Procedure 32.01 for people already arrested.

Usually a Class A misdemeanor, but a third-degree felony with a prior family violence conviction or an allegation of impeding breath (Penal Code 22.01(b)(2)).

You have 15 days to request an ALR hearing or your license suspension starts automatically. A day by day checklist for the first two weeks after a Texas DWI arrest.

You can refuse, but refusal brings a 180-day license suspension for a first refusal, can be used as evidence, and police can seek a warrant for your blood.

Deferred adjudication lets a judge postpone a finding of guilt. If you complete it, the case is dismissed. How it works, the limits, and how it affects your record.

Usually not without a warrant or your consent. What Riley v. California and Texas law say about phone searches, and what to do if police ask for your phone.

Simple assault is usually a Class A misdemeanor. Aggravated assault, involving serious bodily injury or a deadly weapon, is usually a second-degree felony. The differences explained.

A second DWI in Texas is a Class A misdemeanor with a 30-day minimum. What the law requires for jail, bond, probation, the ignition interlock and your license.

How to drive legally during a Texas DWI suspension: who qualifies for an occupational license, the hearing, interlock rules, driving hours and counseling.

A Texas family violence finding is a line in the judgment that follows you. How it is made, and how it affects nondisclosure, firearms and future charges.

Two or more bodily-injury assaults on family, household members or dating partners within 12 months can be charged as a third-degree felony, with no prior conviction needed.

Penal Code 12.44 gives two ways to treat a Texas state jail felony like a Class A misdemeanor. How 12.44(a) and 12.44(b) differ and when they are used.

How prior felony convictions raise punishment in Texas under Penal Code 12.42 and 12.425, including the 25-to-life habitual range and how state jail felonies are treated.

Either party can ask a Texas court to change a protective order after notice and a hearing. What can change, the two-year limit, and the one-year review motion.

Chapter 7B of the Texas Code of Criminal Procedure allows protective orders for victims of stalking, sexual assault, trafficking and related offenses, with no relationship required.

How Texas charges possession of prescription pills like oxycodone, hydrocodone, Adderall and Xanax without a valid prescription, by penalty group and weight.

Possessing drug paraphernalia in Texas is a Class C misdemeanor under Health and Safety Code 481.125, while delivery is Class A and delivery to a minor is a state jail felony.

DWI and public intoxication are different Texas offenses. Compare the elements, grades and penalties under Penal Code 49.04 and 49.02.

Compare Class A and Class B misdemeanors in Texas: jail, fines, repeat-offense ranges and common examples, with the Penal Code sections.

How Texas punishes an assault the State says was motivated by bias: the affirmative finding under article 42.014, the Penal Code 12.47 increase, and how the defense can respond.

A no-refusal weekend does not take away your right to refuse a breath test. It means a judge is on call to sign blood warrants fast. What the law says and what follows.