Criminal Defense FAQs

Provide identifying information, but do not discuss the facts of your case with law enforcement, and contact a criminal defense attorney as soon as possible. Statements made to police, jail staff, or in recorded jail phone calls can be used in the criminal case. Family members can begin locating an attorney while the arrested person exercises the right to remain silent.

When you meet with Jon O’Toole for a first consultation, he’ll go over the charge itself, the current stage of the case (pre-filing, post-arrest, post-indictment), what to expect procedurally in the specific court involved, and how fees work. Bring any paperwork you’ve received — citations, bond paperwork, court notices — since dates and cause numbers help frame the discussion.

After arrest, a magistrate sets bail based on the offense charged, criminal history, flight risk, and ties to the community. Bond is typically posted as a cash bond, a surety bond through a licensed bondsman, or, in some cases, a personal recognizance (PR) bond. A defense attorney can request a bond reduction hearing if the amount set doesn’t fit the circumstances.

An Administrative License Revocation (ALR) hearing is a civil proceeding, separate from a DWI criminal case, that determines whether your driver’s license is suspended. A written request for an ALR hearing must be submitted within 15 days of the Texas Department of Public Safety’s notice of intent to suspend. If you refused to provide a breath or blood sample, that notice date is typically the date of arrest. If you consented and the test results came back after arrest, the notice date runs from when DPS sent the notice — not the arrest date. Missing the 15-day window results in automatic suspension. This deadline runs independently of the criminal case.

Class C misdemeanors, including many traffic offenses, are punishable by fine only with no jail time, but a conviction still creates a permanent criminal record absent deferred disposition or dismissal. Whether representation makes sense depends on the specific charge, prior history, and how a conviction could affect employment, licensing, or immigration status.

Misdemeanors (Class C, B, and A) generally carry a fine and/or up to one year in county jail. Felonies (state jail through capital) carry state prison exposure from 180 days up to life, depending on the degree. Classification affects bond, which court has jurisdiction, and long-term consequences like firearm rights and professional licensing.

Retained counsel is engaged directly by the client and can typically begin reviewing the case immediately upon retention. Court-appointed counsel is assigned by the court to defendants who qualify as indigent, through each court’s appointment process. Both retained and court-appointed attorneys are bound by the same rules of professional conduct.

Outcomes depend on the facts of the case, the evidence, the defendant’s history, and the policies of the specific prosecuting office — no attorney can promise a particular result before reviewing a case. Separately, expunction and nondisclosure are two distinct Texas post-conviction remedies with different eligibility rules; not every case or disposition qualifies for either.

A criminal charge, arrest, or certain civil complaints can trigger a separate disciplinary inquiry from a Texas licensing board (nursing, real estate, education, medical, and others). These board proceedings run on their own rules and timelines, separate from any criminal case, and often require reporting the incident to the board within a specific window.