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. 42A.101, Pretrial Intervention, the Code of Criminal Procedure, and the most active death penalty framework in the country. Whether your case is in Houston (Harris), Dallas, Austin (Travis), San Antonio (Bexar), Fort Worth (Tarrant), El Paso, or anywhere across Texas’s 254 counties, we’ll match you with the right attorney — at no cost to get started.

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.

Why Do You Need a Criminal Defense Attorney in Texas?

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.

When Do You Need a Criminal Defense Attorney in Texas?

Our network includes Texas criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Texas

From the moment you connect with a Texas criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

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

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

Common Texas Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Texas Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

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.

What Can Your Texas Criminal Defense Compensation Include?

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.

Charge Reduction

Reduction from felony to misdemeanor, from higher felony degree to lower, removal of enhancement allegations (habitual, 3g, deadly weapon).

Deferred Adjudication / Pretrial Intervention

Deferred Adjudication (Art. 42A.101) — community supervision without final adjudication; successful completion = no conviction, eligible for nondisclosure for many offenses. Pretrial Intervention / Diversion (county-specific programs). Drug court, veterans court, mental health court, DWI court.

Plea Agreement

Negotiated resolution under Art. 26.13. Includes charge reductions, dismissed counts, recommended sentences within ranges, and probation in lieu of incarceration.

Trial Acquittal

Not guilty verdict by Texas jury or judge. Texas criminal juries are 12 for felonies, 6 for misdemeanors, and must be unanimous (Tex. Const. Art. V, § 13). Texas allows defendant to elect punishment by jury under Art. 37.07.

Post-Conviction Relief

Texas Art. 11.07 habeas (felony post-conviction). Art. 11.072 (misdemeanor and community supervision). No fixed filing window but laches and successor restrictions apply. Includes IAC, newly discovered evidence, illegal sentence, constitutional violations, actual innocence.

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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.

Texas Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Texas?

When Do You Need a Criminal Defense Attorney in Texas?

Types of Criminal Defense Cases in Texas

Common Texas Criminal Defense Mistakes

How Much Do Texas Criminal Defense Attorneys Cost?

What Can Your Texas Criminal Defense Compensation Include?

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