McKinney Criminal Defense Attorney

A criminal defense lawyer in Texas can protect your rights from the earliest stages of an investigation to trial or appeal.

For example, we can:

• Determine whether the police conducted an unlawful search or seizure
• Challenge statements obtained in violation of your constitutional rights
• Review the prosecution’s evidence for weaknesses or inconsistencies
• Conduct an independent investigation and interview witnesses
• Identify legal defenses that may apply to the charges
• Negotiate with prosecutors when doing so serves your interests
• File motions to suppress evidence or seek dismissal of charges
• Present your defense before a judge or jury at trial

Having an attorney involved early can help ensure that important legal and factual issues are identified and addressed as your case moves forward.

The felony process in Texas varies depending on the charge and circumstances, but a case generally begins with an investigation, arrest, or formal accusation. The defendant may then appear in court for initial proceedings while the prosecution and defense gather and review evidence.

From there, the case may involve pretrial hearings, motions, and negotiations with prosecutors. Some charges are resolved through dismissal or a negotiated plea bargain, while others proceed to trial. If a defendant is convicted, sentencing follows, and there may be options for an appeal or other post-conviction relief.

If you’ve been arrested in Texas, remain calm and avoid discussing the alleged offense with law enforcement or anyone else without legal counsel. Do not resist arrest, even if you believe the police are mistaken or acting improperly.

Ask to speak with a criminal defense attorney as soon as possible. A lawyer can help you understand the allegations, determine what steps need to be taken next, and advise you on interactions with investigators and other parties. You should also follow any conditions imposed upon your release and avoid contacting alleged victims or witnesses if you have been ordered not to do so.

Yes. Depending on the circumstances, charges in Texas may be dismissed or reduced.

A dismissal may be possible when there are problems involving the prosecution’s evidence, constitutional violations, unreliable witnesses, or other legal or factual weaknesses. In other cases, the defense may negotiate with the prosecutor to reduce the charge to a less serious offense.

Whether either option is available depends on the facts, evidence, and procedural history of the case. An attorney can evaluate these factors and determine which potential resolutions are worth pursuing.

In some circumstances, yes. Texas law provides ways to clear or restrict access to certain adult prior records, but the relief available depends on the type of case, how it was resolved, and other factors.

The two primary options are:

• Expunction: An expunction permanently removes qualifying entries from your legal history record. It is generally available only in limited circumstances, such as certain arrests or charges that did not result in a conviction.
• Nondisclosure: A nondisclosure order seals eligible prior offenses information from public disclosure. Unlike an expunction, the record still exists and may remain accessible to law enforcement, certain government entities, and licensing agencies.

Not every arrest, charge, or conviction is eligible to be cleared or sealed. An attorney can review your conviction record and determine whether either option may be available under Texas law.

A conviction in Texas can have consequences that extend well beyond the sentence imposed by the court.

Depending on the offense and your circumstances, these may include:

• Jail or prison time
• Fines and court costs
• Community supervision (probation) and related conditions
• Loss or suspension of a professional license
• Difficulty finding employment or housing
• Immigration consequences for noncitizens
• Restrictions on firearm possession
• Effects on certain family law or custody matters

The specific consequences vary considerably based on the charge, prior record, and other factors. Understanding what is at stake can help you make informed decisions about how to proceed.

The primary difference between misdemeanors and felonies in Texas is the severity of the offense and the range of punishment. Misdemeanors are generally less serious and are divided into Classes A, B, and C. Depending on the classification, penalties can range from a fine with no jail time to up to one year in county jail.

Felonies are more serious and are classified in Texas as state jail felonies, third-degree, second-degree, or first-degree offenses. Punishment varies widely, from confinement in a state jail to life imprisonment for the most serious offenses. The classification of a charge can also affect fines and other consequences, making it important to understand exactly what you are facing.