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In Texas, drug-related offenses are treated with seriousness, and charges for selling drugs can have severe consequences. Understanding the nature of these charges is crucial for anyone facing such allegations. A Texas lawyer can help you learn more in-depth what these charges could mean for you, specifically based on your circumstances. Classification of Drug Offenses Texas categorizes controlled substances into penalty groups, with Group 1 being the most severe and Group 4 the least. Common drugs in each group include: Group 1: Cocaine, heroin, methamphetamine Group 2: Ecstasy, PCP Group 3: Certain prescription drugs like Valium and Xanax Group 4: Compounds containing limited quantities of narcotics The severity of the charge depends on the type and amount of drug involved. Penalties for Drug Sale Offenses Selling drugs in Texas can result in felony charges, which carry significant penalties: State Jail Felony: For smaller amounts of less dangerous drugs. Punishable by 180 days to 2 years in state jail and a fine up to $10,000. Third-Degree Felony: Often applies to larger amounts of Group 3 or 4 drugs. Carries 2-10 years in prison and up to a $10,000 fine. Second-Degree Felony: Typically for selling larger quantities of Group 1 or 2 drugs. Punishment includes a sentence of 2-20 years behind bars and a maximum fine of $10,000. First-Degree Felony: Reserved for large quantities of dangerous drugs. Penalties range from 5-99 years in prison and up to a $250,000 fine. In some cases, life imprisonment is possible for repeat offenders or those selling large quantities of drugs. Aggravating Factors Certain circumstances can significantly increase the severity of charges and penalties in drug-selling cases. Selling drugs to minors is viewed as particularly egregious and can result in enhanced sentences. Similarly, conducting drug transactions in designated drug-free zones, such as schools or playgrounds, can lead to more severe charges. The law also takes a harsh stance on individuals who use minors to sell drugs, recognizing the exploitation of vulnerable youth. Possessing firearms during drug transactions can also lead to elevated charges, as it is seen as an indicator of potential violence. These aggravating factors can push charges into higher felony classifications or add substantial prison time to sentences, reflecting the state’s effort to protect vulnerable populations and maintain public safety. Collateral Consequences Beyond incarceration and fines, a drug sale conviction in Texas can have far-reaching impacts: Loss of professional licenses Difficulty finding employment Ineligibility for federal student loans Loss of voting rights (while incarcerated) Immigration consequences for non-citizens Difficulty renting housing Strain on personal relationships Defense Strategies While each case presents unique circumstances, several common defense strategies can be employed in drug-selling cases. Attorneys often begin by scrutinizing the legality of the search and seizure that led to the arrest, as any constitutional violations could result in the suppression of evidence. They may also question the chain of custody for evidence, ensuring proper procedures were followed at every step. In some cases, proving a lack of knowledge or intent to sell can be a viable defense, particularly if the quantity of drugs involved is relatively small. Exploring potential entrapment defenses is another avenue, especially if law enforcement’s tactics are overly aggressive or manipulative. Lawyers often negotiate with prosecutors to secure plea deals for reduced charges when appropriate. Apart from these strategies, Texas understands the worth of rehabilitation in addressing drug-related offenses. Depending on the specifics of the case, alternative sentencing options may be available. These can include participation in drug court programs, mandatory substance abuse treatment, probation with required counseling, or community service. Such alternatives are often considered for first-time offenders or those facing less severe charges, reflecting a balance between punishment and rehabilitation in the Texas justice system. Rehabilitation and Alternative Sentencing Texas recognizes the value of rehabilitation in some drug cases. Depending on the circumstances, alternatives to traditional sentencing might include: Drug court programs Substance abuse treatment Probation with mandatory counseling Community service These options often apply to first-time offenders or those with less severe charges. Work With a Cooke County, TX Criminal Defense Lawyer A charge for selling drugs in Texas is a serious matter with potentially life-altering consequences. The severity depends on various factors, including the type and amount of drug, prior offenses, and specific circumstances of the case. A Denton County, TX criminal defense attorney will walk you through the steps as you go through your case. Call Magaña & Van Dyke at 940-382-1976 for a no-obligation, free consultation.

Facing manslaughter charges can be a terrifying experience. The potential consequences are severe, and the legal process is not easy to understand. However, by taking the right steps from the very beginning, you can possibly improve your chances of achieving a favorable outcome. A Texas lawyer can discuss the actions you should take. Find Out the Specific Charges Against You Manslaughter is a second-degree felony in Texas, carrying a potential prison sentence of two to 20 years and a fine of up to $10,000. You must understand the specific allegations against you and the circumstances that led to the charges. In Texas, manslaughter is defined as recklessly causing the death of another person. This means that the prosecution must prove that your actions were reckless and directly led to the individual’s death. Invoke Your Right to Remain Silent One of the most important steps you can take when facing manslaughter charges is to exercise your right to remain silent. It is natural to want to explain your side of the story or defend yourself, but anything you say to law enforcement can be used against you in court. Politely inform the police that you wish to remain silent and that you would like to speak with an attorney. Remember, you have the right to protect yourself; staying silent is often the wisest choice. Be Honest with Your Lawyer Once you hire a criminal defense attorney, be fully open about the events that led to the charges. The attorney-client privilege protects your conversations so that you can speak freely without fear of your information being disclosed. Your lawyer needs to know all the facts to provide you with the best possible defense. Withholding information or being dishonest can severely harm your case. Gather Evidence and Witnesses Your attorney will work diligently to gather evidence and identify potential witnesses who can support your defense. If you have any information that could be helpful, such as text messages, emails, or witness contact information, provide it to your lawyer promptly. The legal team will use this information to build a strong case on your behalf and challenge the prosecution’s evidence. Prepare for Court Appearances As your case progresses, you need to attend various court hearings and appearances. Your attorney will guide you through each step of the process and ensure you are well-prepared. Dress appropriately for court, be punctual, and always follow your lawyer’s advice. Remember that your behavior and demeanor in court can impact how the judge and jury perceive you. Consider Plea Bargains Carefully In some cases, the prosecution may offer a plea bargain, which involves pleading guilty to a lesser charge in exchange for a reduced sentence. While accepting a plea deal may be tempting, you must carefully consider the long-term consequences with your attorney. This is important to weigh the pros and cons and determine whether a plea bargain is in your best interest. Contact a Cooke County, TX Criminal Defense Attorney Facing manslaughter charges is undeniably stressful, but remember that you have rights and options. By following these important first steps and working with a Denton County, TX criminal defense lawyer, you can confidently get through this challenging time. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.

Driving without a valid license in Texas can lead to serious legal consequences. If you face charges for this offense, you may wonder if it is possible to get those charges dropped. A Texas lawyer can help you with potential avenues for dismissing driving without a license charges and what you can expect from the legal process. Make Sure You Understand the Severity of the Offense In Texas, driving without a valid license is considered a misdemeanor offense. The penalties for this crime can vary depending on the specific circumstances of your case. Generally, a first-time offense is classified as a Class C misdemeanor, punishable by a fine of up to $500. However, if you have been convicted of driving without a license in the past, the offense may be elevated to a Class B misdemeanor, which carries a potential fine of up to $2,000 and up to 180 days in jail. See What Possible Defenses You May Have While the outcomes of operating a vehicle without a license can be severe, several potential defenses may help you get the charges dropped. A criminal defense attorney in Texas can assess your case and determine the most effective strategy for your unique situation. Some possible defenses include: Lack of Knowledge: If you were unaware that your license was suspended, revoked, or expired, you may have a valid defense. However, you must be able to demonstrate that you need a reasonable way of knowing the status of your license. Necessity: In rare cases, you may be able to argue that driving without a license was necessary to prevent greater harm. For example, if you had to drive someone to the hospital in an emergency situation, this defense might apply. Mistaken Identity: If you believe you have been wrongfully accused of driving without a license, your attorney can investigate the case and gather evidence to support your claim of mistaken identity. You will need to be prepared with many forms of proof for this. Negotiating with the Prosecutor In some cases, your lawyer may be able to negotiate with the prosecutor to have your charges reduced or dropped entirely. This process, known as plea bargaining, can effectively minimize the consequences of driving without a license. Your attorney can present mitigating factors, such as a clean driving record or efforts to rectify the situation (e.g., obtaining a valid license), to persuade the prosecutor to offer a more lenient outcome. Consider Pretrial Diversion Programs You may be able to access pretrial diversion programs for individuals charged with driving without a license. These programs allow you to avoid a conviction by completing certain requirements, such as attending classes or performing community service. If you successfully complete the program, your charges may be dismissed. Your lawyer can help you determine if you are eligible for a pretrial diversion program in your area. Contact a Cooke County, TX Criminal Defense Lawyer Facing charges for driving without a license can be a lot to try and handle on your own. Working with a Denton County, TX criminal defense attorney can make the process a bit smoother. Call Magaña & Van Dyke at 940-382-1976 to start with a free consultation to see how we can help you.

If you have been served with a restraining order, it is helpful to understand your rights and the legal options available to you. While a restraining order can significantly impact your life, you may be able to challenge it under certain circumstances. A Texas lawyer can help you figure out if you have the potential to challenge your situation. Grounds for Challenging a Restraining Order To successfully challenge a restraining order in Texas, you must demonstrate that the order was issued based on false or insufficient evidence. Some grounds for challenging a restraining order include: Lack of evidence: If the petitioner fails to provide sufficient evidence to support their claims of abuse, harassment, or stalking, you may argue that the restraining order is unwarranted. False allegations: If you believe the petitioner has made false accusations against you, you can present evidence to refute their claims and demonstrate that the restraining order is baseless. Improper service: In Texas, you must be properly served with notice of the restraining order hearing. If you were not served correctly, you may be able to reverse the order on procedural grounds. The Importance of Acting Quickly If you wish to challenge the restraining order, you must act promptly. You typically have a limited time to request a hearing after being served with the order. This hearing allows you to present your case and argue against the necessity of the restraining order. Failure to request a hearing within the specified timeframe may result in the order becoming permanent. Gathering Evidence to Support Your Case To effectively challenge a restraining order, you must gather evidence that supports your position. This may include: Witness statements from individuals who can attest to your character or provide insight into the situation. Text messages, emails, or other communication records that demonstrate the nature of your relationship with the petitioner. Photos, videos, or audio recordings that contradict the petitioner’s allegations. Police reports or other official documents related to the case. The Role of a Criminal Defense Lawyer Challenging a restraining order can be a complex and emotional process. It is highly recommended to seek the assistance of a criminal defense lawyer in Texas who can guide you through the legal system and protect your rights. Your attorney can: Review the restraining order and assess the strength of the petitioner’s case. Develop a strategic defense based on the specific circumstances of your situation. Gather evidence and witness testimony to support your challenge. Represent you during the hearing and present arguments on your behalf. Negotiate with the petitioner’s legal counsel to reach a favorable resolution, if possible. The Consequences of a Restraining Order It is important to recognize the potential consequences of having a restraining order against you. Depending on the type of order, you may be prohibited from contacting the petitioner, possessing firearms, or visiting certain locations. Violating the terms of a restraining order can result in criminal charges and severe penalties. By successfully challenging the order, you can protect your rights and avoid these negative consequences. Contact a Denton County, TX Criminal Defense Attorney If someone served you with a restraining order, you can possibly challenge it under specific circumstances. However, you will need to act quickly. Call Magaña & Van Dyke at 940-382-1976 to speak with a Cooke County, TX criminal defense lawyer and receive a free consultation.

Facing charges of public intoxication can lead to an overwhelming experience filled with uncertainty. Make sure you understand your legal rights and the steps you need to take to get the best outcome possible. A Texas lawyer can assist you in understanding the potential consequences and advise you on the appropriate course of action if you face such charges. What to Know About Public Intoxication Under Texas Penal Code Section 49.02, public intoxication is defined as appearing in a public place while intoxicated to the degree that you may endanger yourself or others. Alcohol, drugs, or any other substance can cause intoxication. It is important to note that you do not need to be driving to be charged with public intoxication; when you are intoxicated in a public space, it is enough to warrant an arrest. Potential Consequences of a Public Intoxication Charge In Texas, public intoxication is usually a Class C misdemeanor, punishable by a fine of up to $500. However, if you have prior convictions for public intoxication, the charges can be elevated to a Class B misdemeanor, which carries more severe penalties, including possible jail time and higher fines. Beyond the legal consequences, a public intoxication charge can also negatively impact one's personal and professional life. It may appear on background checks, potentially affecting one's employment opportunities or housing options. Steps to Take If Charged with Public Intoxication If you find yourself facing a charge of public intoxication, take the following steps to protect your rights and minimize the potential consequences: Remain calm and respectful: When interacting with law enforcement, maintain a peaceful and respectful demeanor. Avoid arguing or resisting arrest, as this can lead to additional charges. Exercise your right to remain silent: You possess the right to remain silent and refrain from self-incrimination. Politely inform the officers that you wish to exercise this right and refrain from answering questions about the incident without an attorney present. Gather evidence and witnesses: If possible, collect any evidence that may support your case, such as receipts showing how much you consumed or witness statements from individuals who can attest to your level of intoxication or behavior at the time of your arrest. Attend all court appearances: Make sure to attend all scheduled court appearances and follow your attorney's guidance throughout the legal process. Failing to appear in court can result in additional charges and penalties. Contact a Denton County, TX Criminal Defense Lawyer Being charged with public intoxication requires prompt action to protect your rights and future. By understanding the law, determining the potential of your case, and working with a Cooke County, TX criminal defense attorney, you do not have to go through the process alone and can take some of the weight off your shoulders. Call Magaña & Van Dyke at 940-382-1976 for a free consultation with a team that is genuinely concerned about the outcome of your case.

Facing a reckless driving charge in Texas can be intimidating. Understanding the potential consequences and taking the necessary steps to protect your rights is important. A Texas lawyer can help determine what constitutes reckless driving in Texas, the penalties you may face, and what actions you should take if you find yourself in this situation. What is Considered Reckless Driving in Texas? Under Texas Transportation Code Section 545.401, reckless driving is defined as operating a vehicle with willful or wanton disregard for the safety of persons or property. This can include behaviors such as excessive speeding, weaving in and out of traffic, or disregarding traffic signals. It is important to note that reckless driving is a criminal offense, not just a simple traffic violation. Penalties for Reckless Driving If convicted of reckless driving in Texas, you may face serious penalties. Reckless driving is typically a misdemeanor offense, punishable by: A fine of up to $200 for a first offense. Subsequent offenses may incur a fine of up to $500. Up to 30 days in jail. Driver’s license suspension for up to 30 days. A reckless driving conviction can also increase insurance premiums and negatively impact your employment opportunities. Steps to Take If Charged with Reckless Driving If you have been charged with reckless driving, consider taking the following steps: Remain calm and be polite: When interacting with law enforcement, remain calm and respectful. Avoid admitting guilt or making incriminating statements, as these can be used against you in court. Gather evidence: If possible, collect evidence that may support your case, such as witness statements, photographs of the scene, or dashcam footage. Contact an experienced attorney: Consult with an attorney with experience handling reckless driving cases. They can assess your situation, advise you on the best course of action, and help protect your rights throughout the legal process. Attend all court appearances: Make sure to attend all required court appearances and follow your attorney’s guidance. Failure to appear in court can result in additional charges and penalties. Consider plea bargains or alternative sentencing: In some cases, your attorney may be able to negotiate a plea bargain or secure alternative sentencing options, such as defensive driving courses or community service, which can help minimize the impact of a reckless driving charge on your record. Contact a Cooke County, TX Criminal Defense Lawyer Facing a reckless driving charge can be stressful, but it is essential to take action to protect your rights and possibly minimize the potential consequences. By understanding the law, gathering evidence, and working with a Denton County, TX criminal defense attorney, you can go through this challenging situation and work towards the best possible outcome for your case. Call Magaña & Van Dyke at 940-382-1976 to schedule a free consultation with a team that truly cares about your outcome.

Whether you are accused of identity theft, hacking, phishing scams, or any other internet fraud, you must take the charges seriously from the start. A Texas lawyer is important to have on your side when your rights, freedom, and future are on the line. With the right legal strategy, you can fight back against these allegations and ensure your side of the story is told correctly. Types of Online Fraud Charges In Texas, several statutes can be used to prosecute online fraud cases. Common charges include: Fraud/Deceptive Trade Practices: This covers a wide range of deceptive online activities intended to unlawfully deprive others of money, property, or services. Identity Theft: Illegally obtaining and using another person’s identifying information, like name, date of birth, social security number, etc., for fraudulent purposes. Computer Crimes: Hacking, virus deployment, data theft, and other crimes targeting computer systems and data. The Consequences Are Severe Online fraud is treated very seriously under Texas law. Penalties can include hefty fines and potential prison sentences, even for first-time offenders. The exact punishments depend on factors like the monetary value involved and whether aggravating circumstances apply. For example, the fraud/deceptive trade practices charge alone can lead to a state jail felony conviction within time in a state jail and a fine that can vary. Large-scale fraud over $300,000 is prosecuted as a first-degree felony. Defending Your Case If you or someone you know is facing accusations of online fraud in Texas, it is essential to secure legal representation promptly. An aggressive defense strategy will be key to protecting your rights, freedom, and future. Some potential defense strategies, which depend on the circumstances: Lack of intent: Many fraud charges require proving intentional deception. Your lawyer may argue you lacked the requisite criminal intent. Entrapment: If law enforcement used overly persuasive tactics to induce the alleged crime, an entrapment defense may apply. Fourth Amendment violations: Challenges to illegally obtained evidence or unconstitutional searches or seizures. Overcharging: Prosecutors sometimes “overcharge” in an attempt to gain a plea bargain advantage. Your defense may negotiate for reduced charges. Denial of allegations: If you maintain lawful online activities, your lawyer will aim to create reasonable doubt by poking holes in the prosecution’s case. Contact a Cooke County, TX Criminal Defense Attorney Regardless of the situation, you are entitled to a defense against allegations of online fraud. A Denton County, TX criminal defense lawyer is ideal to have on your side to determine which step you should take next. Call Magaña & Van Dyke at 940-382-1976 to start with a free consultation.

Domestic violence accusations are serious matters that should never be taken lightly. However, in some unfortunate cases, false allegations do occur, often from a vengeful ex-partner seeking leverage in a divorce or child custody dispute. If you find yourself wrongly accused of domestic violence, it is crucial to take legal action to protect your rights and reputation. A Texas lawyer will guide you through the steps to handle false domestic violence accusations effectively. What to Know About Texas Domestic Violence Laws According to the Family Code in Texas, domestic violence is defined as any action taken by a family or household member to cause physical injury, bodily harm, assault, or issuing a threat that reasonably instills fear of immediate physical harm in the victim. The severity of these offenses can vary widely, from relatively minor Class C misdemeanors to serious first-degree felonies, depending on the seriousness of the act and whether a deadly weapon was involved. Gathering Evidence Your first step should be to collect and preserve any evidence that can support your innocence. This may include text messages, emails, voice recordings, photographs, or videos contradicting the accuser’s claims or demonstrating their motivation for making false allegations. Eyewitness accounts from friends, neighbors, or family members who can attest to the accuser’s behavior or the falsity of the claims can also be powerful evidence. Filing for a Protective Order In some circumstances, you may need to proactively seek a protective order against the accuser to prevent further false allegations, harassment, or the possibility of retaliatory accusations. A protective order can legally prohibit the accuser from contacting you, coming within a certain distance of your residence or workplace, or engaging in any form of harassment, intimidation, or other threatening behavior. Building a Defense Strategy Your attorney will work closely with you to develop a strong, tailored defense strategy based on the specifics of your case. This may involve challenging the accuser’s credibility and motivations, presenting evidence that contradicts their claims, or demonstrating that the alleged violence could not have occurred as described. An effective defense may also show that injuries were accidental or that you acted in self-defense. Potential Alternatives to Trial In some false allegation cases, your attorney may explore alternative dispute resolution methods, such as mediation or negotiation, as a potential path to resolving the matter without going to trial. These alternatives have pros and cons but can sometimes help avoid the stress, expense, and uncertainty of a trial while still potentially achieving a more favorable outcome than a conviction at trial. Contact a Cooke County, TX Criminal Defense Lawyer False allegations of domestic violence are unlawful and a terrible abuse of the justice system. By taking prompt action and seeking a Denton County, TX criminal defense attorney, you can learn the best potential steps forward for your specific situation with our firm, which has been around for nearly two decades. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.

In Texas, public intoxication refers to appearing in a public place while intoxicated to the point where you may endanger yourself or another person. The specifics of public intoxication laws and penalties are important to understand if you have been charged with this offense. A Texas lawyer can help you determine the potential outcome of your charges and what you should likely do next What Constitutes Public Intoxication? Under Section 49.02 of the Texas Penal Code, a person commits an offense of public intoxication if they appear in a public place while intoxicated to the degree that they may endanger someone else or themselves. It is vital to know that Texas law does not state a blood alcohol concentration (BAC) level that definitively proves intoxication. Officers rely on common signs of intoxication to determine if someone is publicly intoxicated, including: Slurred speech Unsteady balance A strong odor of alcohol Red or glassy eyes Difficulty completing sobriety tests Just having consumed alcohol prior to appearing in public does not necessarily mean you will meet the standards for public intoxication. Instead, it depends on your outward displays and the officer’s judgment. Where Public Intoxication May Occur Many people assume public intoxication can only happen outdoors on streets, sidewalks, or in parks. However, under Texas law, indoor spaces like stores, bars, restaurants, lobbies, parking garages, and stadiums constitute public places. You do not necessarily have to be wandering the streets to face public intoxication charges. Any business or space considered open to the public applies. Even common areas of apartment buildings may fall under public intoxication laws. Penalties and Punishment in Texas In Texas, public intoxication is classified as a Class C misdemeanor. If convicted, you face up to $500 in fines. There is no jail time for first-time offenders. Depending on the type of charge, there may not be jail time either, even if it is a repeated offense. Your specific penalty depends heavily on mitigating factors of your public intoxication offense: Criminal history Cooperation with law enforcement Disruption caused at the time of the offense Available defense arguments It is also possible to have public intoxication charges dismissed through a plea bargain or upon further review of the circumstances. A lawyer can advise you on the best options based on your circumstances. Contact a Cooke County, TX Criminal Defense Lawyer Public intoxication allegations can carry steep consequences in Texas, both legally and personally. Never assume you cannot face charges based on location or blood alcohol level. You should be aware of your rights when you face these charges. A Denton County, TX criminal defense attorney can help explain your options. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.

Being arrested can be scary and confusing, and you feel unjustified, especially when you know you have done nothing wrong. So when police slap handcuffs on you, it is understandable to pull away or question why it is happening instinctively. However, physically resisting arrest or disobeying officers' orders could lead to additional charges that hurt your case. If you find yourself accused of resisting arrest, do not panic. With the right evidence and legal argument, you may be able to beat the charge and even have the mistaken arrest wiped from your record. A Texas criminal defense attorney can help you to see if there is any potential to fight your charge. Were You Unaware You Were Resisting? Another defense your lawyer might use is that you were unaware you were resisting in the first place. Perhaps you reflexively pulled your arm back when cuffed or did not hear instructions over ambient noise. Texas law requires suspects to resist for it to be a knowingly committed crime. Your charge could get dismissed with evidence you did not intend to oppose officers. Questioning the Legality of the Initial Detention or Arrest The very first step is determining whether the original detention or arrest by law enforcement was legal in the first place. Sometimes, you can still face charges even if the arrest was unlawful. However, you can work to fight the charges. So, for example, if police officers put their hands on you, restrained you, or took you into custody without proper probable cause or a valid warrant, then any reasonable resistance or failure to comply on your part would likely not qualify as a crime under Texas law. An experienced local criminal defense lawyer can thoroughly review your arrest's specifics to assess whether law enforcement overreached its authority or blatantly violated your civil rights and liberties. Were Mistakes Made In Reporting the Arrest? Carefully scrutinize the police report for any misleading or false statements about how the arrest went down. Common mistakes include: Exaggerating the level of resistance shown Failing to note communication problems impacting compliance Lying about orders given or conduct during the arrest Spotting material inaccuracies can help undermine the state's case and have charges reduced or thrown out. Contact a Denton County, TX Criminal Defense Lawyer With an attentive Cooke County, TX criminal defense attorney fighting by your side, you have a strong chance of beating the charge and clearing your name. Do not be afraid to push back against police misconduct. Call Magaña & Van Dyke at 940-382-1976 to get started with a free consultation and to see if and how we can help you with your specific situation.

Being charged with a felony offense can be an incredibly stressful and life-altering experience. Naturally, those facing a felony charge will be eager to understand if there are any options to get the charges dropped or reduced to a misdemeanor. While every case has unique details, there are a few common strategies that a Texas criminal defense lawyer can use to advocate for dropped or reduced charges. File a Motion to Suppress Evidence One of the most effective ways to get felony charges dropped is by filing a motion to suppress evidence. If there are issues with how evidence against you was obtained by police and prosecutors, your defense attorney can argue that it violates your Constitutional rights and should be inadmissible. For example, if evidence was seized without probable cause or reasonable suspicion of a crime, your attorney can file a motion to suppress. If the judge agrees that prosecutors or police acted improperly in collecting evidence, the judge may suppress that evidence, which can result in dropped or reduced charges due to lack of evidence. Negotiate a Plea Deal Prosecutors know that felony trials require significant resources and prosecutors are often open to negotiating plea deals that reduce charges. Your attorney will thoroughly review your case and identify weaknesses, lack of evidence, or extenuating circumstances that could convince prosecutors to offer a plea deal to a lesser misdemeanor charge. This strategy avoids the risk of losing at trial and results in greatly reduced penalties compared to a felony conviction. Use an Affirmative Defense Strategy Texas law provides certain affirmative defenses that may justify otherwise illegal behavior. For example, self-defense, insanity, duress, or necessity. By building an argument supported by evidence that your actions were protected under the law, your attorney may get charges dismissed by a judge in pre-trial proceedings or win an acquittal at trial. Contact a Denton County, TX Criminal Defense Attorney The consequences of a felony conviction can last for years or even the rest of your life. The potential of jail time, fines, and barriers to jobs and housing justify an aggressive defense strategy to get charges dropped whenever possible. A Cooke County, TX criminal defense lawyer can potentially review the facts of your unique case and apply negotiation tactics. Call Magaña & Van Dyke at 940-382-1976 for a free consultation to get started and see what the potential may be for your specific case.

If you have been accused of violating your probation in Texas, you may feel anxious or defeated. However, it is possible to fight a probation violation allegation. With the help of a Texas criminal defense attorney, you may be able to avoid probation revocation and stay out of jail. What Constitutes a Probation Violation There are two main categories of probation violations in Texas: technical violations and substantive violations. Technical violations cover failures to follow administrative probation terms properly, like missing meetings with your probation officer, failing drug or alcohol tests, not keeping probation informed of your current address, traveling outside permitted jurisdictions without permission, or failing to pay fines or fees. More serious violations for things like committing a new crime, possession of contraband, or positive drug tests are considered substantive violations. The penalties imposed depend greatly on whether the violation is technical or substantive in nature. Technical violations typically lead to extensions of probation terms or modifications of conditions. However, substantive violations are more likely to end in actual jail time or full revocation of probation. Violations Can Often Be Fought Many people assume that any probation violation means they are heading straight to jail or prison. However, that is often not the case. There is usually room for defense arguments to be made. For example, violations can sometimes be shown to be false or mistaken allegations. Other times, mitigating circumstances may explain why a probationer was not able to fully comply with all terms. Faulty drug tests or minor violations may also convince prosecutors not to seek revocation. Get a Lawyer Involved Immediately As soon as you learn that a Motion to Revoke Probation has been filed, getting an attorney involved is critical. The lawyer can obtain evidence and documents related to the allegations, work to get you released quickly if you are arrested, negotiate with the probation department or District Attorney’s office, and challenge violations in probation revocation hearings. Do Not Wait Until it is Too Late Timing is critical for fighting probation violations. Once a judge formally revokes probation and imposes a sentence, options become very limited. If there is an outstanding warrant related to an alleged violation, contacting a lawyer quickly is wise. Turning yourself in with legal representation ready allows you to immediately work towards release rather than sitting in jail for weeks while the case gets resolved. Contact a Denton County, TX Criminal Defense Lawyer Any claimed violation should be taken seriously, as penalties for revocation can be harsh like years in prison. However, violation allegations can often be contested successfully if fought in a timely and strategic manner. An experienced Cooke County, TX criminal defense lawyer can review your case and provide honest assessments and advice about options. In many cases, working quickly to challenge allegations prevents full probation revocation. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.