Criminal Defense Attorneys in San Marcos, TX

A DWI, drug, or alcohol-related charge in San Marcos, common in a university town, will be heard in Hays County. A licensed Texas criminal defense attorney serving San Marcos will review your case free.

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How we match your San Marcos criminal defense case

When you submit a San Marcos 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.

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Criminal Defense cases in San Marcos

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San Marcos combines a large university, a dense bar and nightlife district near the downtown square, and constant I-35 traffic, which shapes the local docket: alcohol offenses and public intoxication, DWI stops on the interstate and frontage roads, possession cases, assaults tied to nightlife, and theft allegations around the outlet corridor. Felony cases are prosecuted in a Hays County district court, while misdemeanors are handled in county-level courts, and campus discipline can run alongside a criminal case. Early decisions about bond, statements, and evidence often shape everything after. DearLegal matches you with a Texas-licensed attorney who handles criminal defense cases in San Marcos, with a free review.

Felony charges from San Marcos are prosecuted in a Hays County district court; misdemeanors go to county-level courts.
Nightlife near the downtown square and the Texas State campus drives alcohol, assault, and possession arrests.
Interstate stops can involve multiple agencies, and federal charges are possible in a small subset of cases.

Texas criminal defense rules at a glance

San Marcos cases run under Texas law. The full walkthrough — timeline, when to call, case types, and what a recovery can include — is on the Texas page.

Read the full Texas criminal defense guide →

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

Exhibit D

How much do San Marcos 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.

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Exhibit F

San Marcos criminal defense questions, answered

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Felony cases are handled in a Hays County district court, while misdemeanors such as many first-time alcohol or theft allegations go to county-level courts. Some city ordinance and traffic matters are heard in municipal court. An attorney will confirm the court and what the first setting requires once charges are filed.

You are not required to answer questions, and explanations given at the scene or in a jail call are frequently used against people later. Politely declining and asking for counsel is not an admission of anything. Let an attorney communicate with officers and prosecutors on your behalf.

It can. A criminal case and a university disciplinary process can proceed separately, and what you say in one may surface in the other. Depending on the charge and history, options like diversion, dismissal, or later sealing may be available. A Texas attorney can explain the realistic paths in Hays County and any deadlines, which vary.

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.