Criminal Defense Information for the State of Texas
Austin Criminal Lawyer


Federal Defense Attorney

State FAQ

Texas State Criminal OffensesQuestions

How do I get someone out of jail? [Answer]

Will my case go to trial? [Answer]

How can I have my criminal record expunged? [Answer]

Can my attorney file a motion asking the judge to dismiss my case because the evidence is weak? [Answer]

If a person discovers that a warrant for their arrest has been issued what should they do? [Answer]

Answers
How do I get someone out of jail?
We suggest that you contact a lawyer.  In many counties there is an established personal bond system that may allow an accused to be released on his or her on recognizance. (Without paying a substantial sum of money).  It may be necessary for the accused to have a lawyer to qualify for a personal recognizance bond.  If release on a personal recognizance bond is not an option, other options include posting cash in the amount set by the court or hiring a bail bondsman to post a surety bond.  The bondsman will charge a fee for this service.  It may also be possible for the accused or a person acting on behalf of the accused to post property as collateral for the bond.
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Will my case go to trial?
A person accused of a crime in Texas courts has a right to have the case tried to a jury.  That right cannot be taken away without the agreement of the Defendant, the prosecutor and the judge.  However, most criminal cases are not resolved by trial.  The vast majority is settled through negotiations with the prosecutor after each side has had a chance to investigative the case and resolve legal disputes at a pre-trial hearing.
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How can I have my criminal record expunged?
If your misdemeanor case resulted in a dismissal or an acquittal or if your felony case resulted in a dismissal prior to indictment or an acquittal, you may go through a procedure in court to remove the record of the arrest and prosecution from your record.  There are some exceptions to this general statement.  Also, if you received deferred adjudication on some felony and misdemeanor offenses, a new law allows you to have those records sealed from public access.  Some misdemeanors require a wait of five years from the end of the period of deferred adjudication.  Felonies require a ten-year wait.  Again, there are some exceptions to these general rules.  You should contact a lawyer to determine if you are eligible for the above procedures.
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Can my attorney file a motion asking the judge to dismiss my case because the evidence is weak?
This is a common misconception probably resulting from poorly written TV shows.  A trial judge does not have the general power to dismiss a criminal case prior to trial because he or she believes the evidence is weak.  After a misdemeanor is filed and after indictment in a felony the trial judge may dismiss a case only upon a motion to dismiss brought by the prosecutor or on a defense motions based on a very narrow set of procedural regularities.  A judge or jury may acquit an accused after a trial based on insufficient evidence, but may not dismiss the case for that reason prior to trial.
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If a person discovers that a warrant for their arrest has been issued what should they do?
If a person learns that he has a warrant out for his arrest he should contact an attorney immediately.  Also, he shouldn’t take any steps to hide from the police or to otherwise obstruct execution of the warrant.  Such efforts may constitute additional criminal offenses.

A warrant gives a police officer the right to take the named person into custody where ever they are found.  An arrest at an inopportune moment, such as in front of family, State Attorneys or coworkers will undoubtedly add the anguish of being charged with an offense.  Depending, of course on what offense the warrant is for, it is often possible for an attorney to arrange a “walk through” procedure to avoid an arrest.

In a “walk through” the attorney arranges with the police agency that is attempting to execute the warrant to allow the subject of the warrant to surrender himself to the booking desk of the county jail.  The attorney and client will have prearranged either a personal recognizance bond or, if the assistance of a bail bondsman to satisfy the bond.  In some counties, Travis being a good example, the process takes about 30 to 45 minutes and the client is never actually placed in jail.  In other counties, such as Williamson, the client will be booked into jail but will be released in a few hours when the booking process has been completed.

Whether a “walk through” can be arranged depends on several factors including which county is involved, the nature of the offense charged, and the appropriateness of the client for bond. 
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