Public Defender vs. Private Attorney: Which is Better?

Getting arrested is a frightening, disorienting experience — and most people have no idea what comes next. If you or someone you love has recently been taken into custody, understanding what to do after getting arrested in Texas can make a significant difference in the outcome of your case. At Magaña & Van Dyke Law Firm, we work with individuals throughout Denton County, TX who are navigating the criminal justice system and need clear, reliable guidance from the moment of arrest forward. Step 1: The Arrest and Booking Process more When law enforcement places you under arrest in Texas, they take you into custody based on probable cause — either through a warrant or an observed offense. From there, you'll be transported to a local jail or detention facility for booking. During booking, officers will record your personal information, photograph you, take fingerprints, and log the charges against you. Your personal belongings will be collected and held. This stage can feel overwhelming, but it's important to stay calm and avoid making any statements without an attorney present. Step 2: Know Your Rights — And Exercise Them One of the most critical things to understand about what to do after getting arrested in Texas is this: you have the right to remain silent, and you should use it. Anything you say can and will be used against you in court. Politely but clearly invoke your right to remain silent and request an attorney before answering any questions. Do not attempt to explain yourself to officers or try to "clear things up" on your own — even well-intentioned statements can be misinterpreted or used against you later. If you're wondering, do I need a lawyer after arrest in Texas? — the short answer is yes, and the sooner the better. Step 3: Bail, Bond, and Your First Court Appearance After booking, a magistrate will typically set a bail amount within 48 hours. Bail is the amount of money you or a family member must pay to secure your release from custody while your case is pending. The judge considers factors like the severity of the charge, your criminal history, and whether you pose a flight risk. You may be released on personal recognizance, required to post cash bail, or held without bail in serious cases. Missing a court appearance after being released on bail can result in a warrant being issued for your re-arrest and the forfeiture of any bond posted. Step 4: The Criminal Case Process in Denton County, TX Once you've been charged, your case enters the formal legal process. For misdemeanors, this typically stays within the county court system. Felonies are handled at the district court level. Here's a general breakdown of what follows: Arraignment — You enter a formal plea of guilty, not guilty, or no contest. Pre-trial hearings — Your attorney can file motions to suppress evidence, challenge the legality of the arrest, or negotiate with prosecutors. Plea negotiations — Many cases are resolved through plea agreements before reaching trial. Trial — If no agreement is reached, your case proceeds to trial before a judge or jury. Sentencing — If convicted, the court determines your punishment based on Texas law and the specifics of your case. Each of these stages carries high stakes. Having an experienced criminal defense attorney by your side throughout this process is essential to protecting your rights and building the strongest possible defense. Step 5: Do I Need a Lawyer After Arrest in Texas? This is one of the most common questions people ask after being taken into custody — and the answer is unequivocally yes. Do I need a lawyer after arrest in Texas? Absolutely. Texas prosecutors are experienced, well-resourced, and motivated to secure convictions. Without skilled legal representation, you risk making costly mistakes — from saying the wrong thing during questioning to missing key procedural deadlines that could have helped your case. An attorney who knows what to do after getting arrested in Texas can assess the charges against you, identify weaknesses in the prosecution's case, and advocate aggressively on your behalf at every stage. Whether you're facing a misdemeanor or a serious felony charge in Denton County, TX, the right legal representation can be the difference between a conviction and a dismissal. Step 6: Potential Consequences of a Conviction in Texas Texas takes criminal offenses seriously. A conviction — even for a misdemeanor — can affect your employment, professional licenses, housing applications, and immigration status. Felony convictions carry more severe consequences, including significant prison sentences, heavy fines, and long-term restrictions on your civil rights, including your right to vote or possess firearms. Beyond the legal penalties, the social stigma of a criminal record can follow you for years. This is why it's so important to take every charge seriously and act quickly. Understanding what to do after getting arrested in Texas means recognizing that your response in the days and weeks after an arrest can shape the rest of your life. Speak With a Criminal Defense Attorney in Denton County, TX Today If you've been arrested, time matters. Every hour you wait without legal representation is an opportunity missed. The attorneys at Magaña & Van Dyke Law Firm have deep experience defending clients throughout Denton County, TX against a wide range of criminal charges — from DWI and drug offenses to violent crimes and beyond. We understand the local courts, the prosecutors, and the system — and we put that knowledge to work for you. Don't face this alone. Contact us online or call us today to schedule your free consultation. The sooner you reach out, the sooner we can start building your defense.

While criminal mischief might sound like a minor offense, it can come with serious penalties depending on the exact nature of the allegations. The penalties for this offense range from misdemeanor to felony punishments, which means that the prosecutor could seek a sentence of years of incarceration. To protect your rights in a criminal mischief charge, be sure to get in contact with a Denton County, TX criminal defense lawyer. Fighting a charge of criminal mischief requires a close review of the events leading up to your arrest. At Magaña & Van Dyke, we have the skills and resources to investigate your case, drawing on decades of legal experience to develop a comprehensive defense strategy. What Is Criminal Mischief Under Texas Law? Every state has its own interpretation of what constitutes criminal mischief. Under Sec. 28.03 of the Texas Penal Code, criminal mischief is a property crime that involves intentionally or knowingly damaging another person’s property without his or her permission. The law provides multiple definitions of criminal mischief, including tampering with property, causing monetary loss through property damage, and defacing property with graffiti or drawings. Pranks resulting in property damage to someone else, like vandalizing a car or smashing a mailbox, can easily result in charges of criminal mischief. If you have been accused of this offense, you should seek legal representation immediately, as any statements you make to law enforcement could be used against you in court. What Are the Punishments for Criminal Mischief? The penalties for criminal mischief can vary wildly, but in many cases, the charge depends on the pecuniary loss – in other words, how much the act of criminal mischief cost the victim. When the damage is under $100, criminal mischief is a Class C misdemeanor – the lightest misdemeanor offense you can be charged with, punishable only by a fine. As the property damage escalates, so do the penalties. Any pecuniary loss of more than $2,500 will result in state jail felony charges, carrying up to two years in prison. When the damage exceeds $30,000, you can be charged with a third-degree felony, punishable by a decade in prison. Other factors aside from pecuniary loss can lead to harsher sentencing. For example, breaking an ATM in an act of criminal mischief is always charged as a third-degree felony. Some acts of criminal mischief can overlap with other crimes, like arson or criminal trespass, which can expose you to even steeper penalties. Is Consent a Defense to Criminal Mischief? You can be charged with criminal mischief if you tamper with property without the property owner’s consent. If you had the property owner’s clear permission to destroy, damage, or deface his or her property, you can potentially seek a dismissal of charges. Testimony from the property owner or other witnesses can support your claims in court. That being said, if you were accused of another crime in addition to criminal mischief (such as recklessly starting a fire), the property owner’s consent is not an all-encompassing defense. Contact a Cooke County, TX Criminal Defense Lawyer A charge of criminal mischief can have unexpectedly strict penalties. To protect your rights, reach out to the skilled Denton County, TX criminal law attorneys at Magaña & Van Dyke. We offer free consultations at 940-382-1976.

Felony charges should always be taken seriously, as they have the potential to impact the rest of your life if you are convicted. Compared to misdemeanors, felony offenses have longer jail sentences due to the gravity of the crimes. If you have been arrested for a felony, whether for a violent offense, a white collar crime, or something else altogether, a Cooke County, TX criminal defense lawyer can help. At Magaña & Van Dyke, we have successfully defended many clients accused of felony charges. While our past results are not a guarantee of future results, you can rest assured that when you work with our firm, your case will be handled by an experienced, aggressive attorney fighting on your behalf. Criminal Penalties for a Felony Conviction in Texas State jail felonies: Punishable by 180 days to 2 years in state jail Third-degree felonies: Punishable by two to 10 years in prison Second-degree felonies: Punishable by two to 20 years in prison First-degree felonies: Punishable by five to 99 years in prison, or life In addition, felony crimes can carry up to $10,000 in fines. Considering that some misdemeanor crimes like assault can easily be aggravated to felony charges ( Texas Penal Code Sec 22.01), seeking a criminal defense lawyer after an arrest is always in your best interests. An attorney can explore your options to get a felony charge reduced as much as possible, or even seek an acquittal. Will I Lose My Gun Rights for a Felony Conviction? Texas is a strong supporter of individual gun rights. However, if you are convicted of a felony crime, you could lose your right to possess a gun altogether. Under state law, convicted felons are barred from owning firearms until five years have passed since they have served their sentence, starting from the release date from prison or community supervision. Even then, convicted felons are only allowed to possess firearms at their homes, not in public. If you are accused of unlawful possession of a firearm as a felon, you could face criminal prosecution with third-degree felony punishments. A lawyer could assert different defenses on your behalf, such as arguing lack of possession or mistakes of fact. Other Collateral Consequences of a Felony Conviction Aside from the loss of your freedoms and certain other rights, the aftershock of a felony conviction could also be felt in other areas of your life. A felony conviction may make it much harder to find gainful employment or secure housing. Furthermore, these convictions cannot be expunged. A felony conviction can also directly affect your professional licenses for your job, hurting your future career prospects. Contact a Spanish-Speaking Denton County, TX Criminal Defense Lawyer If you have been accused of a felony crime, Magaña & Van Dyke can help protect your rights. With an aggressive defense strategy, our legal team will work toward the best possible result. To schedule a free consultation, call our offices at 940-382-1976 or contact our Cooke County, TX criminal law attorneys.