Criminal Defense Attorney Texas: What To Do When Facing Charges (2026)
Facing criminal charges in Texas is one of the most stressful situations you can encounter. This guide explains your rights under Texas law, how the criminal process works step by step, and how to find a qualified Texas criminal defense attorney — so you can act fast and protect your future.
Updated: July 2026 · 8 min read
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What To Do Immediately After a Texas Arrest
The hours immediately following an arrest are critical. Texas law gives you specific rights — but only if you invoke them. Here is exactly what to do:
- Stay calm and do not resist. Resisting arrest in Texas is a separate charge (Tex. Penal Code §38.03) that can make your situation significantly worse.
- Invoke your right to remain silent. Say clearly: “I am invoking my right to remain silent and I want a lawyer.” Do not answer questions beyond providing your name and ID.
- Do not consent to searches. Say: “I do not consent to any searches.” This preserves your Fourth Amendment rights even if officers proceed anyway.
- Remember everything you can. Write down officer names, badge numbers, what was said, and circumstances as soon as possible — your attorney will need this.
- Contact a criminal defense attorney before magistration. In Texas, you must be brought before a magistrate within 48 hours of arrest. Getting representation before this hearing protects your bail conditions.
The Texas Criminal Court Process: Step by Step
Understanding how Texas courts process criminal cases helps you know what to expect and where your attorney can have the most impact.
Arrest & Booking
Police take you into custody, document charges, fingerprint, and photograph you. You are held pending magistration (within 48 hours in Texas).
Magistration
A magistrate informs you of the charges and your rights and sets bail. Having an attorney involved early matters for bail and personal-bond arguments.
Grand Jury (Felonies)
For Texas felonies, a grand jury reviews the evidence and issues an indictment (a “true bill”) or declines. Your attorney can present exculpatory evidence.
Pre-Trial Motions
Your attorney can file motions to suppress evidence (e.g., unlawful searches or stops), dismiss charges, or compel discovery under the Michael Morton Act.
Plea Negotiations
The large majority of Texas criminal cases resolve with plea agreements. Your attorney negotiates for reduced charges, deferred adjudication, or lighter sentencing.
Trial
If no plea is reached, your case goes to a bench trial (judge) or jury trial. In Texas you may elect to have the jury assess punishment as well as guilt.
Sentencing
If convicted, Texas judges or juries impose sentences within the statutory range. Your attorney presents mitigating evidence and can argue for probation (community supervision).
Texas Criminal Charge Levels & Sentencing
| Level | Examples | Punishment Range | Max Fine |
|---|---|---|---|
| Class C Misdemeanor | Public intoxication, minor traffic | Fine only (no jail) | $500 |
| Class B Misdemeanor | First DWI, minor drug possession | Up to 180 days jail | $2,000 |
| Class A Misdemeanor | Assault, theft $750–$2,500 | Up to 1 year jail | $4,000 |
| State Jail Felony | Theft $2,500–$30,000, some drug possession | 180 days–2 years state jail | $10,000 |
| Third Degree Felony | Third DWI, indecent exposure to child | 2–10 years prison | $10,000 |
| Second Degree Felony | Aggravated assault, robbery | 2–20 years prison | $10,000 |
| First Degree Felony | Aggravated robbery, some trafficking | 5–99 years or life | $10,000 |
| Capital Felony | Capital murder | Life without parole or death | N/A |
Source: Texas Penal Code Ch. 12. Sentences can vary; consult an attorney for your specific charges.
How To Choose a Texas Criminal Defense Attorney
Not all defense attorneys are equal. When evaluating Texas criminal defense lawyers, look for:
- Texas bar admission and criminal defense focus. Verify license status through the State Bar of Texas online directory.
- Local court experience. An attorney who regularly appears in your county’s courts knows the judges, prosecutors, and local procedures — this matters.
- Trial experience. Ask specifically: “How many jury trials have you handled in the last two years?” You want someone willing and able to fight at trial if needed.
- Experience with your specific charge. DWI, drug offenses, assault/family violence, and white-collar crimes each have distinct technical defenses.
- Board certification (optional but strong). Texas Board of Legal Specialization certifies criminal-law specialists — a meaningful credential.
- Transparent fees. Get the full fee agreement in writing before signing anything.
⚠️ Red Flags to Avoid
- Attorneys who guarantee a specific outcome before reviewing your case
- Pressure to pay a large retainer before a full consultation
- No written fee agreement
- Attorneys who will not discuss trial experience or case results
Texas Cities: Find a Criminal Defense Attorney Near You
Law.AI has criminal defense attorneys in every major Texas city. Find one near you:
Texas Criminal Defense FAQ
How long does a criminal case take in Texas?
Texas misdemeanor cases typically resolve in 3–6 months. Felony cases average 6–18 months and can take longer if they go to trial. The Texas Speedy Trial guarantee comes from the Sixth Amendment and the Texas Constitution; while Texas repealed its statutory speedy-trial act, courts still weigh delay, reason, and prejudice under the Barker v. Wingo factors.
What is the difference between a felony and misdemeanor in Texas?
Texas misdemeanors (Class C, B, and A) range from fine-only offenses up to 1 year in county jail. Texas felonies (State Jail Felony through First Degree) carry from 180 days in a state jail up to 99 years or life in prison. The class or degree of your charge determines your sentencing exposure and available defenses, which is why getting an attorney quickly matters.
Can a criminal record be expunged or sealed in Texas?
Texas offers two remedies: expunction (Tex. Code Crim. Proc. Ch. 55), which fully erases records for acquittals, dismissals, and certain arrests without conviction; and orders of nondisclosure (Tex. Gov. Code §411.071+), which seal records from public view for some deferred-adjudication cases. Eligibility rules are strict. A Texas criminal defense attorney can evaluate whether your record qualifies.
Should I talk to police before hiring an attorney in Texas?
No. You have the right to remain silent and the right to an attorney under the Fifth and Sixth Amendments. In Texas, clearly state “I am invoking my right to remain silent and I want a lawyer” to stop questioning. Anything you say before that can be used against you. Contact a criminal defense attorney before speaking with law enforcement.
How much does a criminal defense attorney cost in Texas?
Texas criminal defense fees vary by charge severity. Misdemeanor defense typically costs $1,500–$5,000. Felony defense ranges from $5,000–$25,000+, with complex or trial cases reaching $50,000+. Many attorneys offer free initial consultations. If you cannot afford an attorney, the court must appoint counsel at no cost under the Sixth Amendment and Texas Fair Defense Act.
What should I do immediately after being arrested in Texas?
Stay calm and do not resist arrest — resisting is a separate Texas offense (Tex. Penal Code §38.03). Invoke your right to remain silent. Request an attorney immediately. Do not consent to searches. Write down everything you remember. Contact a criminal defense attorney before your magistration, which in Texas must occur within 48 hours of arrest.
What are the penalties for a DWI in Texas?
A first-offense DWI in Texas is a Class B misdemeanor: up to 180 days in jail, a fine up to $2,000, and license suspension. Penalties increase sharply for a BAC of 0.15+, repeat offenses, or a child passenger (which can elevate the charge to a felony). Texas also imposes annual surcharges and possible ignition interlock requirements. A DWI attorney can challenge the stop, the testing, and the procedures.
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