Frequently Asked Questions for Austin DWI and Criminal Defense

Texas is a difficult state to be facing a criminal allegation in. The legislature in Austin has created laws that make the punishments for even misdemeanor offenses very serious, including jail time for up to 6 months for even minor accusations. Nobody ever wants to find themselves on the wrong side of the law, but there are ways to fight charges in Texas. The 6th amendment to the United States Constitution ensures that everyone accused of a crime has a right to an attorney to assist and advise them. This, among numerous others, is what makes America different from many other countries around the world. In addition, ever person accused of a crime is presumed to be innocent. The burden rests solely on the government to prove beyond a reasonable doubt every element of every offense to overcome this presumption of innocence.

A criminal case usually (but not always) starts with a person being arrested by the police. Following arrest, a person is entitled to a hearing to determine the amount of bond that person will be required to put forth in order to secure court appearances. Bond is basically an amount of money held in escrow while a criminal case is pending to make sure that the person accused of the crime appears in court. Once bond is posted the person accused of a crime is released from jail. Conditions of bail are commonly attached, such as requiring an ignition interlock device on a vehicle driven by a person accused of DWI. Out of county travel restrictions are also commonly applied to citizens accused of crimes.

In State court, a criminal charge is either a misdemeanor or a felony. The difference between the two levels of charges is that a conviction for a misdemeanor could result in jail time, while a conviction for a felony could result in a prison sentence. Any criminal charge is a serious affair, and requires a serious attorney who can defend a citizen against the power of the government who will do everything within its power to secure a conviction.

No one ever wants to be on the wrong side of the law. But with the right attorney on your side, a criminal case can and should be fought from the beginning until the end.

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Consultations are completely confidential and 100% free. James will answer any and all questions that you may have. In-person consultations are available during office hours.