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Texas criminal defense articles
Plain-language answers to common questions.
- What to do after a DWI arrest in Texas
Step-by-step: what to do in the first days after a DWI arrest in Texas, including the 15-day ALR deadline, bond conditions and your first court date.
- Expunction vs. nondisclosure in Texas
Expunction and nondisclosure both help clean up a Texas criminal record, but they work differently. Learn who qualifies for each and how long to wait.
- Texas family violence charges explained
How family violence assault charges work in Texas: who counts as family, misdemeanor vs. felony, protective orders, and long-term effects.
- How long does a DWI stay on your record in Texas?
A Texas DWI conviction stays on your criminal record permanently and cannot be expunged. Some first DWIs can be sealed by nondisclosure. Here is how it works.
- Can you get a DWI expunged in Texas?
Only if the DWI did not end in a conviction or probation: a dismissal, no-bill, acquittal or completed pretrial diversion. Otherwise, a first DWI may be sealed.
- What happens at an arraignment in Dallas County?
An arraignment confirms your identity and takes your plea. In Dallas County it happens at the Frank Crowley Courts Building, and a lawyer can often waive it.
- Is possession of a vape pen a felony in Texas?
It depends on what is in it. A nicotine vape is not a felony. A THC cartridge is usually a state jail felony under 1 gram. Here is how Texas law treats each.
- Is DUI different from DWI in Texas?
Yes. In Texas, DUI is a Class C offense for drivers under 21 with any detectable alcohol. DWI is a criminal charge for intoxicated drivers of any age.
- Will I go to jail for a first DWI in Texas?
Not necessarily. A first DWI carries a 72-hour minimum if jail is imposed, but a judge can grant community supervision instead. Here is how it works.
- Can a protective order be dropped by the person who asked for it?
Not on their own. Only the court can change or end a Texas protective order. Here is how a modification works and why contact is still risky.
- What is the difference between bond conditions, an emergency protective order and a protective order in Texas?
Three different things: bond conditions, a magistrate's emergency order and a Family Code protective order. Who issues each, how long it lasts and how to change it.
- Is a first drug possession charge a felony in Texas?
It depends on the drug and the amount, not on whether it is a first offense. Under a gram of cocaine or meth is a state jail felony; small marijuana amounts are misdemeanors.
- What happens if I miss court in Dallas County?
The judge can forfeit your bond and issue a warrant, and missing court on purpose can be a new charge. What to do right away if you missed a setting.
- Can police search my car without a warrant in Texas?
Sometimes: with probable cause, with your voluntary consent, or in a few other situations. Evidence taken illegally cannot be used. What the rules are and what to say.
- Can I get probation for a first felony in Texas?
Often, yes. Judges can grant community supervision on sentences of 10 years or less except for listed offenses, and juries can recommend it with no prior felony.
- Will I lose my guns after a family violence charge in Texas?
A charge alone does not, but orders and bond conditions can. A conviction brings a 5-year Texas bar and a federal ban. Here is how each rule works.
- Is a THC vape a felony in Texas?
Usually yes. THC vape oil is Penalty Group 2, and under 1 gram is a state jail felony. What changed on July 31, 2026, and what to do if you are charged.
- How long does a protective order last in Texas?
Emergency orders: 61 to 91 days (91 to 121 with a deadly weapon) since Sept. 1, 2025. Temporary ex parte: up to 20 days. Final: up to 2 years, sometimes longer.
- What is a state jail felony in Texas?
A state jail felony is the lowest felony level in Texas: 180 days to 2 years in a state jail and a fine up to $10,000. Examples, reductions and probation.
- What happens at Lew Sterrett after an arrest?
After a Dallas County arrest: booking at the Lew Sterrett Justice Center, magistration, bond and conditions, and the first court setting at Frank Crowley.
- Can a DWI be sealed in Texas?
Some first DWIs can be sealed through an order of nondisclosure after a waiting period of 2, 3 or 5 years. A DWI conviction cannot be expunged.
- How long does the State have to indict you in Texas?
Two clocks matter: the statute of limitations (often 3 years for felonies) and Code of Criminal Procedure 32.01 for people already arrested.
- Is family violence assault a felony in Texas?
Usually a Class A misdemeanor, but a third-degree felony with a prior family violence conviction or an allegation of impeding breath (Penal Code 22.01(b)(2)).
- The first 15 days after a DWI arrest in Texas
You have 15 days to request an ALR hearing or your license suspension starts automatically. A day by day checklist for the first two weeks after a Texas DWI arrest.
- Can you refuse a breath test in Texas?
You can refuse, but refusal brings a 180-day license suspension for a first refusal, can be used as evidence, and police can seek a warrant for your blood.
- What is deferred adjudication in Texas?
Deferred adjudication lets a judge postpone a finding of guilt. If you complete it, the case is dismissed. How it works, the limits, and how it affects your record.
- Can police search your phone in Texas?
Usually not without a warrant or your consent. What Riley v. California and Texas law say about phone searches, and what to do if police ask for your phone.
- Assault vs. aggravated assault in Texas
Simple assault is usually a Class A misdemeanor. Aggravated assault, involving serious bodily injury or a deadly weapon, is usually a second-degree felony. The differences explained.
- Texas Parole Hearings: Release Review vs. Revocation
Does Texas hold parole hearings? Compare release review, panel interviews and revocation hearings, then find the right guide for your situation.
- Texas Parole Interview Preparation and Release Plan Checklist
Prepare for a Texas parole review interview with a release-plan checklist, realistic housing and work details, and the current 20-minute presentation rule.
- Texas Parole Support Letters: What to Write and Include
Learn what to write in a Texas parole support letter, how to describe real housing or job support, and which identifying details and submission rules matter.
- Texas Blue Warrants: Bond, Parole Holds and Hearing Steps
Arrested on a Texas blue warrant? Understand parole holds, the limited bond exception, documents to obtain and the difference from a new criminal case.
- Texas Preliminary Parole Hearings: Rights and Exceptions
Find out who gets a preliminary parole hearing in Texas, what probable cause means and how administrative violations, pleas and waivers affect the process.
- Texas Parole Revocation Hearing: Evidence, Process and Outcomes
Learn what happens at a Texas parole revocation hearing, who decides, what evidence standard applies and how supervision, sanctions or revocation differ.
- Waiving a Texas Parole Hearing: Rights and Consequences
Before signing a Texas parole hearing waiver, understand preliminary versus revocation waivers, evidence review and why signing does not guarantee release.
- Texas Parole Hearing Lawyers: Hiring and Appointed Counsel
Can you have a lawyer at a Texas parole hearing? Learn about conditional appointed counsel, paid representation requirements and questions before hiring.
- Texas Parole Hearing Evidence: Records, Witnesses and Mitigation
Organize evidence for a Texas parole revocation hearing, identify witnesses, preserve original records and separate factual defense from mitigation.
- Texas Parole Revocation Appeal: Motion to Reopen and Deadline
Can you challenge Texas parole revocation? Learn about a motion to reopen, the ordinary 60-day deadline, qualifying grounds and records to gather.
- Second DWI in Texas: what the law requires
A second DWI in Texas is a Class A misdemeanor with a 30-day minimum. What the law requires for jail, bond, probation, the ignition interlock and your license.
- Occupational license after a DWI in Texas
How to drive legally during a Texas DWI suspension: who qualifies for an occupational license, the hearing, interlock rules, driving hours and counseling.
- What is a family violence finding in Texas?
A Texas family violence finding is a line in the judgment that follows you. How it is made, and how it affects nondisclosure, firearms and future charges.
- Continuous violence against the family in Texas
Two or more bodily-injury assaults on family, household members or dating partners within 12 months can be charged as a third-degree felony, with no prior conviction needed.
- Can a state jail felony be reduced to a misdemeanor in Texas?
Penal Code 12.44 gives two ways to treat a Texas state jail felony like a Class A misdemeanor. How 12.44(a) and 12.44(b) differ and when they are used.
- Repeat and habitual felony enhancements in Texas
How prior felony convictions raise punishment in Texas under Penal Code 12.42 and 12.425, including the 25-to-life habitual range and how state jail felonies are treated.
- How to modify a protective order in Texas
Either party can ask a Texas court to change a protective order after notice and a hearing. What can change, the two-year limit, and the one-year review motion.
- Stalking and sexual assault protective orders in Texas
Chapter 7B of the Texas Code of Criminal Procedure allows protective orders for victims of stalking, sexual assault, trafficking and related offenses, with no relationship required.
- Possession of pills without a prescription in Texas
How Texas charges possession of prescription pills like oxycodone, hydrocodone, Adderall and Xanax without a valid prescription, by penalty group and weight.
- Possession of drug paraphernalia in Texas
Possessing drug paraphernalia in Texas is a Class C misdemeanor under Health and Safety Code 481.125, while delivery is Class A and delivery to a minor is a state jail felony.
- DWI vs public intoxication in Texas
DWI and public intoxication are different Texas offenses. Compare the elements, grades and penalties under Penal Code 49.04 and 49.02.
- Class A vs Class B misdemeanor in Texas
Compare Class A and Class B misdemeanors in Texas: jail, fines, repeat-offense ranges and common examples, with the Penal Code sections.
- Assault and the hate crime enhancement in Texas
How Texas punishes an assault the State says was motivated by bias: the affirmative finding under article 42.014, the Penal Code 12.47 increase, and how the defense can respond.
- What is a no-refusal weekend in Texas?
A no-refusal weekend does not take away your right to refuse a breath test. It means a judge is on call to sign blood warrants fast. What the law says and what follows.
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This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.