Travis County Criminal Defense

Texas Defense Team defends clients charged with the following offenses in Travis County courts:

Drug possession and delivery
• Possession of a controlled substance (Penalty Groups 1–4 under Tex. Health & Safety Code Chapter 481)
• Marijuana possession — Class B misdemeanor through State Jail Felony depending on weight
• Possession with intent to deliver
• Drug-free zone enhancements (Tex. Health & Safety Code §481.134)

Assault and family violence
• Class A and Class B misdemeanor assault (Tex. Penal Code §22.01)
• Assault causing bodily injury — family member (family violence designation)
• Aggravated assault (Tex. Penal Code §22.02)
• Violation of a protective order (Tex. Penal Code §25.07)

Probation violations
• Motion to Revoke Probation (MTR) — for regular community supervision
• Motion to Adjudicate Guilt (MTAG) — for deferred adjudication probation

Expunction and nondisclosure
• Expunction of dismissed charges and acquittals (Tex. Code Crim. Proc. Art. 55.01)
• Petition for nondisclosure after completed deferred adjudication (Tex. Gov't Code §411.074)

⛔ Texas Defense Team does not handle: DWI or DUI offenses in Travis County. For DWI defense in Austin and Travis County, see dwiman.com — Steve Bowling's DWI-specific practice. Texas Defense Team handles all non-DWI criminal charges in Travis County.

⛔ Texas Defense Team also does not handle: sexual assault, murder, federal criminal matters.

Travis County criminal courts are divided by offense level:

Class C misdemeanors (fine only — speeding, minor in possession of alcohol, disorderly conduct) are handled by Austin Municipal Court or Justice of the Peace courts.

Class A and Class B misdemeanors (theft, first assault, first drug possession of small amounts) are handled by the Travis County Courts at Law — located at the Travis County Courthouse, 1000 Guadalupe St, Austin.

Felonies (drug possession above a gram of PG-1, delivery, aggravated assault, felony family violence) are handled by the Travis County District Courts. Felony criminal matters are processed through the Blackwell-Thurman Criminal Justice Center at 509 W. 11th Street, Austin. This building houses the Criminal District Courts and the Travis County District Attorney's office.

Travis County DA's office has historically maintained a mandatory prosecution policy on family violence cases — the office may proceed even when a complainant recants or declines to cooperate. The prosecution relies on body camera footage, dispatch recordings, medical records, and prior call history to build cases independent of victim testimony.

Hayden Boudreaux prosecuted cases in the Travis County DA's office before joining Texas Defense Team. He knows which prosecutors evaluate cases aggressively and where the office's evidentiary standards are most vulnerable.

Yes — and experienced defense attorneys regularly achieve dismissals, reductions, or favorable plea agreements when the evidence supports it. The most common paths:

Unlawful search and seizure (Fourth Amendment / Tex. Code Crim. Proc. Art. 38.23): Evidence obtained without a valid search warrant or recognized legal exception cannot be used at trial. This applies to drugs found in a car, home, or on a person during a search that violated your constitutional rights. Without the contraband, there is no drug case.

Miranda violations: Statements made during custodial interrogation without Miranda warnings may be suppressed under the Fifth Amendment and Tex. Code Crim. Proc. Art. 38.22. Police must advise you of your rights before questioning you after arrest.

Insufficient evidence: The prosecution must prove every element of the offense beyond a reasonable doubt. In assault cases, the state must prove actual bodily injury — not just a verbal altercation. In drug cases, the state must prove you exercised care, custody, and control of the substance.

Travis County diversion programs: For certain first-time, non-violent offenses, Travis County offers diversion programs including the Pretrial Intervention Program (PTIP) and drug court options. Successful completion results in dismissal. An attorney must negotiate program entry — it is not automatic.

Deferred adjudication (Tex. Code Crim. Proc. Art. 42A.101): A plea to deferred adjudication means no conviction is entered if you complete the probation period. After completion, you may be eligible for nondisclosure. This is the most common resolution for first-time offenders with strong defense facts.

A probation violation in Travis County is handled differently depending on whether you are on regular community supervision or deferred adjudication:

Motion to Revoke Probation (MTR) — regular community supervision: If you have already been convicted and placed on probation, the state may file an MTR for alleged violations: failure to report, new arrest, positive drug test, or failure to pay fines and fees. An MTR hearing is before the judge — no jury. The state's burden of proof is a preponderance of the evidence (more likely than not) — significantly lower than the beyond-a-reasonable-doubt standard in the original trial. If the judge finds a violation, the judge may impose the original maximum sentence.

Motion to Adjudicate Guilt (MTAG) — deferred adjudication: If you are on deferred adjudication probation, any alleged violation triggers an MTAG. On deferred adjudication, there is no right to appeal the adjudication decision. If the judge adjudicates you guilty, sentencing follows immediately. The consequences are severe because the judge has full discretion to impose up to the maximum punishment range.

Common defenses to probation violations: The alleged violation did not occur (the report or test result is wrong), the violation was not intentional (medical emergency, unavoidable circumstances), or the violation is technical and a sanction short of revocation is appropriate. An attorney can negotiate with the probation department and the DA's office before a hearing is held in many cases.

A criminal record — even for an arrest that was never prosecuted or a charge that was dismissed — can block employment, housing, and professional licensing. Texas law provides two ways to clear your record:

Expunction (Tex. Code Crim. Proc. Art. 55.01): An expunction completely removes the arrest and charge from your record. All government agencies and law enforcement are ordered to destroy their records of the event. After expunction, you may legally deny the arrest ever occurred. Expunction is available when:
• Your charge was dismissed (including after diversion program completion)
• You were acquitted at trial
• No charges were filed within the applicable statute of limitations period
• You were pardoned

Note: Deferred adjudication that resulted in a dismissal does NOT automatically qualify for expunction under most circumstances — nondisclosure is typically the remedy instead. Consult an attorney to evaluate your specific situation.

Petition for nondisclosure (Tex. Gov't Code §411.074): Nondisclosure seals the record from most public searches, including background checks by private employers and landlords. Law enforcement and certain licensing agencies retain access. Nondisclosure requires:
• Completed deferred adjudication probation
• Waiting period (varies by offense level — 2 years for most misdemeanors, 5 years for most felonies)
• The offense must not be one excluded from nondisclosure (family violence offenses, sex offenses, and certain others)

Texas Defense Team files expunction and nondisclosure petitions in Travis County District Court.

Every criminal court is different. Prosecutors, judges, and court staff work together in the same building day after day — and the relationships, informal norms, and evaluation standards that shape case outcomes are not written in any statute.

Texas Defense Team has direct Travis County experience on both sides of the aisle:

• Hayden Boudreaux handled cases as a prosecutor in the Travis County DA's office. He knows how the office evaluates cases, which charges are worth fighting aggressively, and how prosecutors approach plea negotiations.
• Stephen T. Bowling is a former police officer who understands how law enforcement builds drug and assault cases — and where the investigative work is weakest.

If you are facing a charge in Travis County, the attorney you hire should appear in those courts regularly. Call us to discuss your specific charge and hear how we approach it.

Texas Defense Team charges flat fees for Travis County criminal defense:

Tier 1 — Common charges:
• Drug possession (first offense, Class B–A misdemeanor): $5,000
• Expunction: $2,000
• Order of Nondisclosure (record sealing): $2,000
• Minor in Possession (MIP): $2,500
• Public Intoxication: $2,500
• DUI under 21: $5,000

Tier 2 — Additional charges:
• Assault — Family Violence: $5,000
• Probation violation: $2,500
• Motion to Revoke (MTR): $5,000

Jail release (Travis County only):
• Most misdemeanors: $500
• Felonies: $1,500 and up

Payment plans available on most charges: 10 monthly payments, first due at hiring, auto-pay required.

Discounts available for cases involving multiple charges.

View the complete TDT fee schedule. Prices are subject to change at any time; the fee quoted in your signed representation agreement is the fee that controls.