Texas Criminal Defense — What a Criminal Defense Attorney Actually Does
A criminal charge can take your freedom, your career, and your reputation. Texas Defense Team represents clients facing DWI, drug charges, assault, and other criminal charges in central and south Texas courts. Here is what you need to know and what a defense attorney does for you.
What Does a Criminal Defense Attorney Do?
A criminal defense attorney does far more than appear in court on your behalf. The work begins immediately after your arrest — often before charges are formally filed — and continues until your case is fully resolved.
Here is what Texas Defense Team does in a criminal case:
Investigation and evidence review
• Obtain all police reports, dashcam/body cam footage, witness statements, and evidence
• Identify constitutional violations in the arrest, search, or interrogation that could suppress evidence
• Work with investigators to develop defense evidence the prosecution does not have
Pretrial work
• Challenge unlawful searches and seizures (motions to suppress evidence)
• File motions to dismiss for legal deficiencies in the charge
• Negotiate with prosecutors for reduced charges or dismissal based on evidence weakness
• Attend all hearings so you do not have to miss work for every court date
Trial representation
• Jury selection targeting jurors who understand reasonable doubt
• Cross-examine the state's witnesses — including officers, forensic analysts, and civilian witnesses
• Present defense evidence and expert testimony
• Argue for not guilty based on the facts and the law
Post-conviction work (if needed)
• Appeal an unjust conviction
• Motion for new trial based on newly discovered evidence
• Petition for expunction or nondisclosure after favorable outcomes
Do I Have to Read My Miranda Rights in Texas?
Miranda rights are required under federal constitutional law before a custodial interrogation — but only in specific circumstances. A Texas police officer is not required to read your Miranda rights during a traffic stop, during a field investigation before arrest, or when you are free to leave.
Miranda applies when:
• You are in custody (under arrest or otherwise not free to leave), AND
• The officer intends to question you (interrogation)
If both conditions are met and the officer fails to give Miranda warnings, any statement you make after that point may be suppressed and cannot be used against you at trial. However, physical evidence obtained independently is usually still admissible.
The practical takeaway: whether or not you have been read Miranda rights, you have the right to remain silent and the right to an attorney. Exercise both immediately. Anything you say after arrest — to officers, to other inmates, or even to friends on a monitored jail phone — can and will be used against you.
- U.S. Const. amend. V — Right against self-incrimination — basis of Miranda doctrine
- Miranda v. Arizona, 384 U.S. 436 (1966) — Requires Miranda warnings before custodial interrogation
- Tex. Code Crim. Proc. Art. 38.22 — Texas statutory requirements for admissibility of statements
Criminal Charges Texas Defense Team Handles
Texas Defense Team represents clients charged with:
DWI and alcohol-related offenses (all 5 counties)
• First, second, and third DWI
• DWI with child passenger
• DWI with BAC 0.15+
• Boating While Intoxicated (BWI)
• ALR hearings to protect your driver's license
Drug charges (Travis, Williamson, Hays, Bastrop, Bexar counties)
• Possession of a controlled substance (Penalty Groups 1–4)
• Possession with intent to distribute
• Drug-free zone enhancements
• Marijuana possession and distribution
Assault and family violence
• Class A/B misdemeanor assault
• Assault causing bodily injury — family member
• Protective order violations
• Aggravated assault
Other criminal charges
• Probation violations (motion to adjudicate, motion to revoke)
• Expunction and nondisclosure petitions
• ODL (Occupational Driver's License) hearings
• Theft and property crimes
⛔ Texas Defense Team does NOT handle: sexual assault, murder, federal criminal matters, or theft of property over certain thresholds. We will refer you to appropriate counsel for those matters.
- Tex. Health & Safety Code §481.102 — Controlled substance Penalty Groups — classification of drug offenses
- Tex. Penal Code §22.01 — Assault — offense elements and classification
Why Experience With Local Courts Matters
The prosecutor, the judge, and the courthouse staff are the same people in every case your attorney handles in that county. A defense attorney who regularly practices in Williamson County knows which prosecutors are willing to negotiate, which judges tend toward harsher sentences, and what kinds of defense motions have worked in that courthouse before.
Texas Defense Team attorneys appear regularly in:
• Travis County courts (Austin) — primarily for non-DWI charges; DWI → see dwiman.com
• Williamson County courts (Georgetown) — our primary DWI target county
• Hays County courts (San Marcos)
• Bastrop County courts (Bastrop)
• Bexar County courts (San Antonio)
Hayden Boudreaux prosecuted cases in Travis and Hays County DA offices before joining the defense. That inside perspective changes how cases are evaluated and negotiated.
Frequently Asked Questions
Should I talk to the police after being arrested?+
No. You have the constitutional right to remain silent under the Fifth Amendment. Invoke it immediately: 'I am exercising my right to remain silent and my right to an attorney.' Do not explain, justify, or attempt to talk your way out of a situation. Statements made to police officers after arrest are frequently used to prove the prosecution's case.
What is the difference between a misdemeanor and a felony in Texas?+
Misdemeanors are less serious offenses with maximum jail sentences of up to 1 year served in county jail. Felonies carry state prison sentences ranging from 180 days (state jail felony) to life or death (capital felony). DWI is typically a misdemeanor for first and second offenses; a third DWI or DWI causing serious bodily injury is a felony.
How long does a criminal case take in Texas?+
Most misdemeanor criminal cases in Texas resolve in 6–18 months. Felony cases take longer — often 12–36 months from arrest to resolution, depending on the complexity of the case and the county. Cases that go to trial take the longest. An experienced attorney can often negotiate a faster resolution when the evidence supports it.
Can a criminal charge be expunged in Texas?+
Many charges can be expunged in Texas if they resulted in acquittal, dismissal, or a no-bill by a grand jury, under Tex. Code Crim. Proc. Art. 55.01. DWI convictions cannot be expunged, but may qualify for nondisclosure (sealing) under limited conditions. Texas Defense Team can evaluate your specific record for expunction or nondisclosure eligibility.