Search Results for: court

June 12, 2025 by Criminal Defense Admin

Recent question on our Live Admin Chat System: My son got a dwi a couple of weeks ago. He wasn’t even in the vehicle. He requested a public defender and hasn’t heard anything yet. What should we do?

If he requested a public defender and hasn’t heard anything yet, here’s what he/you can do:

1. Contact the court where the case is pending:

The court handles the appointment of attorneys.
You can call the court clerk and inquire about the delay in the appointment process.

2. Contact the county’s Indigent Defense Office (if applicable):

Some counties have an Indigent Defense Office that handles court-appointed attorney requests.

3. Check the status of the request:

He can call the Public Defender’s office directly and inquire about the status of his case and if anyone has been assigned to it.

4. Consider the timeline for appointment:

In counties with a population of 250,000 or more, an attorney should be appointed by the end of the first working day after the court determines indigency and receives the request.
In smaller counties, the court has up to three working days.

5. Understand the options if he qualifies:

If the Public Defender’s Office is appointed, he will receive a letter or a visit from a Public Defender within 72 hours if he is in jail.

Important Notes:

Be patient: While there are guidelines, the process of appointing a public defender can take time, especially considering caseloads.
Document everything: Keep a record of when the request was made, who was contacted, and the responses received.
Consult with private counsel if possible: If he is concerned about the delay or the public defender’s performance, he can always consult with a private criminal defense attorney like the ones we have on staff.

June 11, 2025 by Criminal Defense Admin

In Texas, if you’ve had a Class C misdemeanor case dismissed, you may be eligible to have it expunged, but there are waiting periods involved before you can file for expunction.

The waiting period for a dismissed Class C misdemeanor is generally 180 days from the date of the arrest.

Important Considerations:

If charges were filed: You’ll likely need to wait until the statute of limitations for the offense has expired. This is because the prosecutor has the option to keep records on file if the statute of limitations hasn’t run out. The statute of limitations for misdemeanors in Texas is generally two years, with exceptions for certain offenses like misdemeanor assault involving family violence, which has a three-year statute of limitations.
Deferred Disposition: If your case was dismissed after successfully completing a deferred disposition program, you become eligible for expungement later.
No automatic expungement: In Texas, expungement of Class C misdemeanors is not automatic even after dismissal. You must take specific legal action and file a Petition for Expunction to initiate the process.

Keep in mind that the time it takes to get the expungement order can vary depending on factors such as:

The complexity of your case.
The specific charges involved.
The court’s schedule.
Administrative processing times.

For further assistance, it’s recommended to consult with a Texas expungement attorney. They can help you determine your eligibility and guide you through the expungement process based on your specific circumstances.

June 8, 2025 by Criminal Defense Admin

If your boyfriend was released this morning after a DWI arrest in Texas and is currently on probation, he cannot leave the state without prior approval.

Travel Restrictions While on DWI Probation in Texas

In Texas, individuals on DWI probation are generally prohibited from traveling outside their county of residence without permission. To travel beyond this area, including out of state, he must request and obtain approval from his probation officer or the court. Unauthorized travel can result in a probation violation and potential revocation of probation .

Steps to Request Permission for Out-of-State Travel

Contact the Probation Officer: He should inform his probation officer about the need to travel out of state and provide details such as the destination, purpose of the trip, and duration.
Submit a Formal Request: Depending on the probation department’s procedures, he may need to complete a travel request form. It’s advisable to submit this request well in advance, as processing times can vary.
Await Approval: The probation officer will review the request and determine whether to grant permission. In some cases, the court may need to approve the travel request.

It’s important to note that traveling without obtaining the necessary approvals can lead to serious consequences, including the possibility of probation revocation.

Relocating to California

If he intends to relocate to California permanently, he must initiate a formal transfer of supervision through the Interstate Compact for Adult Offender Supervision (ICAOS). This process involves coordination between Texas and California authorities and requires approval from both states. Eligibility typically requires having more than 90 days left on probation and being in substantial compliance with current rules .

Immediate Next Steps

He should contact his probation officer immediately to discuss his situation and intentions. The probation officer can provide guidance on the appropriate steps to take and help ensure compliance with all legal requirements.

June 8, 2025 by Criminal Defense Admin

When facing a probation violation in Dallas County, Texas, there are several options to consider. Here’s an overview of potential paths forward:

1. Probation Revocation Hearing

If a probation violation is alleged, a revocation hearing will be scheduled. At this hearing, the prosecution must prove by a preponderance of the evidence that a violation occurred. Your fiancée has the right to contest the allegations and present evidence in their defense. Possible outcomes include:

No Violation Found: Probation continues as is.
Violation Found: Probation may be revoked, leading to jail or prison time.
Violation Found with Modified Terms: Probation may continue with stricter conditions.

It’s crucial to have legal representation at this stage to navigate the complexities of the hearing and advocate for the best possible outcome.

2. Negotiating a Modified Probation

In some cases, it may be possible to negotiate with the court to modify the terms of probation rather than revoking it entirely. This could involve:

Adding conditions like community service, counseling, or electronic monitoring.
Extending the probation period instead of imposing jail time.

An experienced attorney can assist in presenting a case to the judge that demonstrates your fiancée’s commitment to rehabilitation and compliance.

3. Seeking Early Termination of Probation

If your fiancée has complied with probation terms and demonstrated good behavior, they might be eligible for early termination. The judge will consider factors such as:

Completion of all probation requirements.
Positive behavior during the probation period.
The nature of the original offense.

An attorney can help file a motion for early termination and present a compelling argument to the court.

4. Exploring Specialty Courts and Diversion Programs

Dallas County offers specialty courts and diversion programs aimed at rehabilitation, such as the AIM (Achieve, Inspire, Motivate) Court Program. These programs target non-violent offenders and focus on treatment and support. Eligibility typically requires approval from the District Attorney’s Office and may involve:

Substance abuse counseling.
Life skills and education support.
Family intervention and counseling.

Successful completion can lead to dismissal and expungement of charges.

5. Legal Representation

Given the complexities of probation violation cases, it’s advisable to consult with a criminal defense attorney experienced in Dallas County proceedings. They can:

Evaluate the specifics of the violation.
Develop a defense strategy.
Represent your fiancée in hearings and negotiations.

Local firms such as Rbisenberg.com Criminal Law specialize in probation-related cases and can provide tailored legal support.

May 10, 2025 by Criminal Defense Admin

Yes, your friend absolutely needs a lawyer — immediately.

Even if the car (or item in question) wasn’t found at the time of arrest, a warrant for grand theft is a serious criminal charge. Here’s why legal representation is critical:

Understanding the Charges: A lawyer can explain what your friend is specifically being accused of and what evidence the prosecution might have.
Challenging the Warrant or Evidence: If the car wasn’t present or your friend denies involvement, a lawyer can challenge the legality or sufficiency of the arrest warrant or the prosecution’s case.
Protecting Rights: Any statements your friend makes without counsel could be used against them.
Bail and Court Hearings: A lawyer can help argue for lower bail or even get your friend released without it, and guide them through the legal process.
Plea Bargaining or Defense Strategy: Whether your friend wants to fight the charges or negotiate a plea, they need an attorney’s help to get the best outcome.

If your friend cannot afford an attorney, they should request a public defender at their first court appearance (often called the arraignment).

Do you know if your friend has had their arraignment yet or been assigned bail? Request an appointment to discuss the details!

May 1, 2025 by Criminal Defense Admin

A police officer holding drugs while arresting an offender. Know what is considered a controlled substance in Texas by consulting with a Dallas criminal defense lawyer.

The cost of hiring a criminal defense lawyer for a Class B misdemeanor drug possession case (under 2 oz) in the U.S. can vary depending on several factors, including location, the lawyer’s experience, and case complexity. Here’s a general breakdown:

💰 Typical Fee Range

Flat fee: $1,000 – $5,000 for a straightforward misdemeanor case.
Hourly rate: $150 – $400/hour, depending on the attorney and region.

🧾 Factors That Affect Cost

Location – Urban areas (like Dallas, Houston, or Los Angeles) tend to have higher fees than rural areas.
Lawyer’s experience – More experienced or specialized lawyers may charge more.
Case complexity – If there are aggravating factors (like prior offenses or additional charges), fees may increase.
Trial vs. Plea – Going to trial is more expensive than settling with a plea deal.
Court appearances – Some lawyers charge more for multiple court dates or motions.

⚖️ Other Costs

Court fees and fines (if convicted): $500+ possible.
Drug education or diversion programs, if required: $100 – $500+.

📝 Tip

Many defense lawyers offer free consultations—a good way to get an estimate based on your specific situation.

Travel Restrictions While on DWI Probation in Texas