Texas Criminal Defense Attorneys

At DearLegal, we connect you with experienced Texas criminal defense attorneys who navigate the Texas Penal Code felony tier system, Deferred Adjudication under Art.

Free to use — fees quoted upfront, before you commit
Matched with a Texas attorney in 24 hours
30,000+ plaintiffs served nationwide

Free Texas criminal defense case review

A Texas attorney will take a look. Or call 1-833-WELEGAL.

How we match your Texas criminal defense case

When you submit a Texas criminal defense matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A criminal defense matter needs someone who handles criminal defense work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under Texas law, so it goes to an attorney licensed in Texas who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

Get started How DearLegal works

DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with a criminal defense claim in Texas

Day 0
Arrest or charge.
Say nothing beyond identifying yourself and ask for a lawyer. Do not consent to searches. Everything after this is built on what you did not say.
Within 24 hours
Tell us what happened.
Two minutes on this page. A Texas criminal defense attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Days 1–14
First appearance and bail.
Your attorney addresses release conditions and gets the charging documents. In Texas, this is where the tone of the case is set.
Weeks to months
Discovery and motions.
Police reports, video, lab work, witness statements. Motions to suppress or dismiss are filed where the evidence was obtained improperly.
Before trial
Negotiation or trial.
Most cases resolve by dismissal or plea; some go to trial. Your attorney advises on the risk of each with the actual evidence in hand.
Resolution
Outcome and record.
Fees are quoted before you commit — hourly or a retainer, spelled out in writing at the free consultation.

Felony Statute of Limitations: No limit
No limit for murder, manslaughter, sexual assault, aggravated sexual assault, indecency with a child, leaving the scene resulting in death; 20 years for theft by public servant; 10 years for theft over $200,000, arson, sexual assault of an adult; 5 years for most felonies (Tex. Code Crim. Proc. Art. 12.01)
Misdemeanor Statute of Limitations: 2 years
2 years for most misdemeanors (Art. 12.02)
Sentencing Structure: Capital
Capital, First Degree, Second Degree, Third Degree, State Jail felonies and Class A/B/C misdemeanors under Tex. Penal § 12.04; punishment ranges in § 12.31-12.35; Habitual / 3g offender enhancements; deadly weapon findings increase parole eligibility (§ 42A.054)
Expungement / Nondisclosure: Tex. Code
Tex. Code Crim. Proc. Ch. 55 (Expunction) — acquittals, dismissals, certain other qualifying outcomes; Tex. Gov. Code § 411.0735 et seq. (Order of Nondisclosure) — seals records from public including Deferred Adjudication completions for many offenses; 2017 reforms expanded automatic nondisclosure for certain first-offense misdemeanors
Bail / Pretrial Release: Bail
Bail under Tex. Code Crim. Proc. Ch. 17; constitutional right to bail with exceptions (Tex. Const. Art. I, § 11); SB 6 (2021) limited PR bonds for violent offenses; magistrate bond setting under Art. 17.15
Typical attorney fee: Hourly
Hourly / Flat Fee

Texas classifies crimes under the Texas Penal Code. Capital Felony carries life without parole or death; First Degree Felony (5-99 years or life); Second Degree (2-20 years); Third Degree (2-10 years); State Jail Felony (180 days-2 years); Class A Misdemeanor (up to 1 year, $4,000 fine); Class B (up to 180 days, $2,000); Class C (fine only, $500) (Tex. Penal § 12.04). Texas has the most active death penalty in the country and accounts for the majority of executions in the modern era. Texas marijuana remains criminalized: simple possession under 2 oz is a Class B misdemeanor (Tex. Health & Safety § 481.121); Compassionate Use Program (CUP) provides limited medical access. Cities including Austin, Dallas, and Houston have de-prioritized prosecution but state law still applies. Deferred Adjudication under Tex. Code Crim. Proc. Art. 42A.101 is the most important Texas diversion — successful completion means no conviction but the record remains (eligible for nondisclosure, not full expunction). Expunction under Tex. Code Crim. Proc. Ch. 55 is available only for acquittals, dismissals, and certain qualifying outcomes. Orders of Nondisclosure under Gov. Code § 411.0735 et seq. seal records from public view but not from law enforcement. Texas has 254 elected District Attorneys / County Attorneys with broad charging discretion.

Exhibit B

When to call a criminal defense attorney in Texas

Does any of this sound like you? Tap what applies.

0of 6 apply

Tick anything that applies. Even one is reason enough to talk to a Texas criminal defense attorney before you talk to an insurer.

Talk to an attorney anyway

Meanwhile, don’t

Talking to DPS, Texas Rangers, Houston PD, Dallas PD, Austin PD, San Antonio PD, or any Texas officer without an attorney
Consenting to a search when Tex. Const. Art. I, § 9 may require a warrant
Missing a Texas court date — capias warrants and bond forfeiture follow
Posting about the case on social media — Texas DAs subpoena platforms aggressively
Deleting messages or photos from your phone — Tampering with Physical Evidence (§ 37.09) is a third-degree felony
Accepting the DA’s first plea offer without exploring Deferred Adjudication, Pretrial Intervention, drug court, veterans court, mental health court, or charge reduction

Exhibit C

Criminal Defense cases we take in Texas

Which one is closest to yours?

DWI / DUI

Texas DWI under § 49.04 — BAC .08+ adult, .04 CDL. First offense: 72 hours-180 days jail, $2,000 fine. First offense .15+: Class A misdemeanor enhanced. Second DWI Class A. Third DWI third-degree felony. Intoxication Assault third-degree felony; Intoxication Manslaughter second-degree felony.

Sound like yours? A Texas attorney reviews it free — fees are quoted upfront, before you commit.

Start my free review

Exhibit D

How much do Texas criminal defense attorneys cost?

Typical fee schedule

Texas · Criminal Defense

Fee modelHourly / Flat Fee

Feequoted per petition or matter

Filing costsitemized upfront

Case reviewFree

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Criminal Defense matters in Texas are usually a flat fee per filing — quoted before you commit, not billed by the hour.

Criminal defense attorneys in Texas work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Tex. Disciplinary R. Prof. Conduct 1.04(e) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases (capital, federal, white-collar) use hourly billing. The Texas Indigent Defense Commission and county public defender offices (Harris, Dallas, Travis, Bexar, El Paso) and appointed counsel systems represent indigent defendants.

A good attorney walks through every number at your free consultation — before you sign anything.

Get startedTakes about two minutes. No obligation.

Exhibit E

What your Texas criminal defense compensation can include

A Texas criminal defense recovery is built from several parts. Tap one to see what it covers.

Charge Dismissal

Outright dismissal through motion to suppress, motion to quash indictment/information, DA nolle prosequi, Art. 32.01 release for failure to indict, or speedy trial dismissal.

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Exhibit F

Texas criminal defense questions, answered

Still unsure? Tell us what happened and a Texas attorney will review it for free.

Start free review

No. Politely decline and ask for an attorney. Texas DPS, Texas Rangers, Houston PD, Dallas PD, Austin PD, San Antonio PD, and local sheriffs use trained interrogation. Anything you say is admissible. Invoke your Fifth Amendment right to silence and Tex. Const. Art. I, § 10 right against self-incrimination.

Yes. Texas Class A misdemeanors carry up to 1 year and $4,000 fine; Class B up to 180 days and $2,000. Deferred Adjudication (Art. 42A.101 — completion = no conviction, eligible for nondisclosure) and Pretrial Intervention/Diversion (county-specific programs) make early counsel critical. DV (Family Violence) and DUI/DWI convictions trigger major collateral consequences including federal firearm prohibitions.

State cases go through Texas District Court (felonies) or County Court at Law (misdemeanors). Federal cases go to U.S. District Court for the Northern (Dallas, Fort Worth, Lubbock, Amarillo, Wichita Falls, San Angelo), Southern (Houston, Brownsville, Corpus Christi, Laredo, McAllen, Victoria, Galveston), Eastern (Tyler, Beaumont, Marshall, Sherman, Lufkin), or Western (Austin, San Antonio, El Paso, Del Rio, Pecos, Waco, Midland) District of Texas under the U.S. Sentencing Guidelines. Federal cases commonly involve drug trafficking (border, I-10, I-35), § 922(g) firearm cases, immigration offenses (8 U.S.C. § 1325, 1326), wire fraud, and federal program fraud.

Texas plea agreements under Tex. Code Crim. Proc. Art. 26.13 are negotiated between the District Attorney / County Attorney and defense. Pleas can include charge reductions, Deferred Adjudication (Art. 42A.101), Pretrial Intervention/Diversion (county-specific), drug court entry, mental health court entry, veterans court, and stipulated sentence recommendations.

Texas distinguishes Expunction (Ch. 55 — record destroyed) from Nondisclosure (Gov. Code § 411.0735 — record sealed from public). Expunction is limited to acquittals, dismissals, and certain qualifying outcomes. Nondisclosure available after Deferred Adjudication completion for many offenses, and 2017 reforms created automatic nondisclosure for certain first-offense misdemeanors. Violent offenses, sex offenses, family violence DV, and DUI/DWI generally not eligible.

Texas handles juveniles 10-16 (17 for traffic) in Juvenile Court under Tex. Family Code Title 3. Juvenile records confidential. Sealing under § 58.253 (most offenses); automatic restriction for certain offenses. Certification (transfer) to adult court for 14+ for capital, first-degree, or aggravated controlled substance offenses under § 54.02; determinate sentencing under § 54.04(d)(3) for serious offenses allows up to 40-year sentences in TJJD/TDCJ.

Texas DWI under Tex. Penal § 49.04: BAC .08+ adult, any detectable for under 21 (Penal § 106.041), .04 CDL. First offense: 72 hours to 180 days jail, $2,000 fine, 1-year license suspension (90 days minimum with IID). First offense with BAC .15+: Class A misdemeanor with enhanced penalties. Second DWI: Class A misdemeanor. Third DWI: Third-degree felony. Intoxication Assault (§ 49.07) third-degree felony; Intoxication Manslaughter (§ 49.08) second-degree felony. Implied consent under Transportation § 724.011 — refusal = 180-day administrative license suspension.