Misdemeanor Defense

If you have been charged with a misdemeanor offense in , I encourage you to learn more about my misdemeanor criminal defense experience, Over the last 35 years years I have successfully represented hundreds of defendants facing misdemeanor criminal charges.

I can help if you have been arrested for reckless driving, DUI/DWI, drug possession, marijuana cultivation, domestic assault, simple assault, underage alcohol possession, aggressive driving, passing a stopped school bus, petty larceny, misdemeanor fraud, indecent exposure, prostitution and solicitation, destruction of property, trespass, shoplifting, concealment of merchandise or any other misdemeanor offense in .

I have helped hundreds of clients facing misdemeanor criminal charges in ranging from speeding tickets to serious felony crimes. If you are facing misdemeanor charges, contact me today to schedule a free consultation . To reach my misdemeanor law office 7 days a week 24 Hours a day.

Protect Your Record

Although jail time is a possibility in misdemeanor cases, an even greater concern for many first-time offenders is the possibility of a permanent criminal record. A conviction for drug possession, theft,domestic violence or another misdemeanor offense looks understandably bad on a job application and can have serious implications for your future employment options.

If retained to handle your case, as your misdemeanor criminal attorney I will perform an exhaustive review of the evidence and provide a vigorous misdemeanor defense on your behalf. As an experienced criminal defense lawyer and misdemeanor attorney, I have the ability to handle your case with the highest degree of competence and care.

Misdemeanor Arrest Procedure

Getting arrested in is not fun. How are misdemeanor criminal charges & bond decided after an arrest? An arresting officer will provide the prosecutor an arresting report that summarizes the crime including if the incident was a misdemeanor or felony. Then the prosecutor will decide to file a case or not. But before you can begin the\ misdemeanor defense process you have to be arrested & hopefully bonded out. When you are arrested for a misdemeanor, the arresting officer will immediately transport you to the magistrates office for booking and holding until you see the Judge where your bond amount is set. Very simple process, but time consuming and patience is required. Eight to twelve hours will go by before you see the judge and bond is set. Then the bond process begins. For first time offenders or minor misdemeanor crimes the offender will be released on a PR Bond. In the courts will:

Art. 17.033. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. (a) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $5,000, not later than the 24th hour after the person’s arrest if the person was arrested for a misdemeanor and a magistrate has not determined whether probable cause exists to believe that the person committed the offense.

Expunction Of Misdemeanor Criminal Records

Art. 55.01. RIGHT TO EXPUNCTION. (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:

(1) the person is tried for the offense for which the person was arrested and is:

(A) acquitted by the trial court, except as provided by Subsection (c) of this section; or

(B) convicted and subsequently pardoned; or

(2) each of the following conditions exist:

(A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:

(i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or

(ii) the court finds that the indictment or information was dismissed or quashed because the person completed a pretrial intervention program authorized under Section 76.011, Government Code, or because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;

(B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and

(C) the person has not been convicted of a felony in the five years preceding the date of the arrest.

(a-1) Notwithstanding Subsection (a)(2)(C), a person’s conviction of a felony in the five years preceding the date of the arrest does not affect the person’s entitlement to expunction for purposes of an ex parte petition filed on behalf of the person by the director of the Department of Public Safety under Section 2(e), Article 55.02.

(b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is:

(1) tried for the offense for which the person was arrested;

(2) convicted of the offense; and

(3) acquitted by the court of criminal appeals.

(c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.

(d) A person is entitled to have any information that identifies the person, including the person’s name, address, date of birth, driver’s license number, and social security number, contained in records and files relating to the arrest of another person expunged if:

(1) the information identifying the person asserting the entitlement to expunction was falsely given by the person arrested as the arrested person’s identifying information without the consent of the person asserting the entitlement; and

(2) the only reason for the information identifying the person asserting the entitlement being contained in the arrest records and files of the person arrested is that the information was falsely given by the person arrested as the arrested person’s identifying information.

Failure to Appear For Misdemeanor Charge

Being accused of a misdemeanor charge is more than just a headache, but missing a criminal misdemeanor court date is far more serious than simply missing an appointment. You will be charged with a separate, additional criminal offense of failure to appear. The result could be additional jail time and fines separate from the original misdemeanor charges that brought you to court in the first place.

Forfeiture of Bail

Sec. 18. If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this State. Recovery may be had on such bond in the name of the State as in the case of other bonds given by the accused in criminal proceedings within this State.

Misdemeanor Charges That Turn Into Probation Violations

A person serving time of probation instead of house arrest or prison, may discover that a Probation Violation has been filed against them for multiple reasons:

  1. A letter from the probation office may be sent to them advising that a warrant has been issued for their arrest and they need to appear in Court to resolve the matter;
  2. A warrant may be served by the Sheriff’s Department at their home or workplace and they are arrested and taken to jail pending Court;
  3. The Probation Officer arrests them when they report;
  4. They are stopped by police for a vehicle code violation, and depending on the amount of the warrant, they are given a citation with a new court date or arrested;
  5. They are arrested for a new misdemeanor or felony and are held without bond, (probation hold).

This is the most common probation violation. Facing any type of probation violation is serious but when a new charge is pending the services of an experienced criminal defense attorney are required.

Contact Me

For a free consultation regarding any misdemeanor offense, contact my law office at (210) 225-6600.