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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.

Being detained by police can be an extremely stressful experience, and in the heat of the moment, many people panic or make mistakes. If you have been charged with resisting arrest, you may face additional penalties that can enhance your sentence. To protect yourself from the most dire consequences, consider working with a Denton County, TX criminal defense lawyer. At Magaña & Van Dyke, our attorneys have helped people accused of many misdemeanor and felony crimes, including violent offenses. We will give your case a close review, going over possible defense strategies and exploring other ways to minimize a charge of resisting arrest. What Qualifies as Resisting Arrest? It is not always clear as to what does and does not count as "resisting arrest" during a heated encounter with law enforcement. Under state law ( Texas Penal Code Sec. 38.03), the offense is defined as intentionally stopping or obstructing a peace officer from carrying out an arrest by using force. You could also face charges of resisting arrest for using force to stop a police officer from carrying out a search, regardless of whether or not the search was lawful. Resisting arrest is a misdemeanor offense punishable by up to $4,000 in fines and a year of jail time. However, using a deadly weapon to resist arrest will upgrade the charge to a felony punishable by a maximum of 10 years in prison. Will I Go to Jail for Helping Someone Avoid Arrest? Even if you were not the subject of the arrest, you could still be charged with a crime for helping someone else avoid being arrested. You could face criminal prosecution for: Hiding somebody from police Giving someone the means to escape the police Warning someone in advance of the police coming This crime is a misdemeanor offense, but it can rise to the level of a felony if the person sought by law enforcement was wanted for a felony charge. However, you may be able to avoid prosecution for warning the suspect if you can show that you were trying to get him or her to obey the law. How Can I Defend Against Charges of Resisting Arrest? In a charge of resisting arrest, the prosecution’s case may lean heavily on intent. Essentially, this means that the prosecution has to prove that you purposefully tried to get away from the police by force. If you were handled roughly by police, you may not have been trying to evade arrest, but simply trying to avoid further injury. Our firm can review body cam footage and look for discrepancies in the officer’s testimony. Working with a defense lawyer is critical for challenging allegations of resisting arrest. Our firm will work to mitigate the seriousness of the charge, as well as any other charges that led to your arrest in the first place. Contact a Cooke County, TX Criminal Defense Lawyer If you have been accused of resisting arrest or any other crime related to obstructing law enforcement, Magaña & Van Dyke can help. To schedule a free consultation with our Denton County, TX criminal law attorneys, reach out to our offices at 940-382-1976.

A charge of driving while intoxicated (DWI) in Texas can be very stressful to deal with. If convicted of this charge, you face not only the threat of incarceration, but the suspension of your license as well. However, an accusation of DWI does not necessarily mean that you are guilty. A Cooke County, TX drunk driving defense lawyer can help you fight these charges, exploring different legal strategies suited to your case. At Magaña & Van Dyke, we have prior experience handling allegations of DWI, and we have successfully gotten charges dismissed for a repeat DWI. You can count on our firm to provide you with strong counsel and representation throughout your case as we seek the best possible outcome. Three Possible Defenses for a Drunk Driving Charge in Texas The best defense for a drunk driving charge should be carefully tailored to your individual circumstances. Our firm can meet with you to discuss the details of your case and develop an individualized defense strategy. Unlawful Traffic Stops Police need to follow certain procedures to pull motorists over for traffic stops. When these procedures are not followed, it could constitute a violation of your rights. In Texas, police need reasonable suspicion in order to pull you over. This essentially means that the officer needs to have reason to believe that you committed or were in the process of committing a crime. If the officer cannot articulate his or her reason for the traffic stop, like witnessing you swerving between lanes or speeding, it might be deemed an illegal stop, and any evidence obtained from the stop could be suppressed. Lack of Evidence In a DWI case, keep in mind that the prosecutor needs to prove your guilt beyond a reasonable doubt. The case against you could be dismissed if there is not enough evidence to suggest that you were either driving with a blood alcohol concentration of .08 percent or more or driving while your physical or mental faculties were impaired by drugs or alcohol. Additionally, the statute for DWI ( Texas Penal Code Sec 49.02) also specifies that you can only be charged with this offense while operating a motor vehicle in a public place. If you can demonstrate that you were not in a public place or that you were not actually driving the vehicle, the prosecution’s case could be weakened. Inaccurate Test Results Law enforcement officers use field sobriety tests and chemical blood or breath tests to gauge a driver’s degree of intoxication. However, the validity of these tests can be scrutinized and challenged by a skilled DWI defense lawyer. A driver’s performance of field sobriety tests can be skewed by external factors like sleet or poorly maintained roads. Similarly, chemical testing equipment needs to be properly calibrated and regularly maintained. Even if the BAC readings are only slightly off, there is a significant difference between a result of .06 percent and .08 percent. Contact a Denton County, TX Criminal Defense Lawyer If you have been accused of driving while intoxicated, do not hesitate to seek legal representation. Our Cooke County, TX drunk driving defense attorneys are here to stand up for you in court. Call Magaña & Van Dyke at 940-382-1976 to schedule a free consultation today.

As a teacher, an accusation of inappropriate conduct with a student can destroy your career. Not only that, but you could face serious penalties in a criminal court of law. To protect your future, get in contact with a Denton County, TX criminal defense lawyer with experience handling sex crimes. At Magaña & Van Dyke, we understand how serious it is to be accused of having an improper relationship with a student. Our firm can provide you with comprehensive legal support to combat damaging allegations and defend you in court. We have decades of experience in criminal defense, and in the past, we have represented clients accused of serious sex crimes Responding to Allegations of Sexual Misconduct as an Educator Texas law defines an improper teacher/student relationship as "engaging in sexual contact, intercourse, or deviate sexual intercourse" with someone enrolled in a primary or secondary school while working as an employee for that school ( Texas Penal Code Sec. 21.12). This does not just include teachers, but teacher interns, educational aides, administrators, school counselors, and other employees in a school district. In Texas, this crime is prosecuted as a second-degree felony, which carries a prison sentence of two to 20 years along with a possible $10,000 fine. If you are accused of committing another sex crime in the alleged relationship, like soliciting a minor, you could be charged with both offenses. Responding to Allegations of Sexual Misconduct as an Educator If you have been accused of a crime involving an improper relationship with a student, you may be assailed with questions from law enforcement and the public. Oftentimes, it is best to remain silent while the legal proceedings are ongoing. Keep in mind that any statements you make to police or prosecutors could be used as evidence against you. No matter how well-intentioned, anything you say could be construed as proof of your guilt. In general, the only person you should talk to about your case is your attorney. Our firm can strategize with you ahead of time, helping you prepare for the hearing. Defense Strategies Against Allegations of Teacher Misconduct When you are facing second-degree felony charges for an alleged improper relationship, it is important that you explore all possible defenses. The law does make exceptions for certain relationships, such as a relationship with an age gap of three years or less that began before the accused person started working as an educator. Our firm can also help you challenge false allegations with a thorough investigation. We will review testimony from the accuser and other parties, and if there is not enough evidence to suggest you were in an improper relationship, we will seek a dismissal of the charges. Contact a Denton County, TX Criminal Defense Attorney As a teacher, confronting allegations of misconduct can be frightening. At Magaña & Van Dyke, we are here to protect you with strong counsel and advocacy in court. To schedule a free consultation with our Cooke County, TX sex crime defense lawyers, call our offices at 940-382-1976 today. Se Habla Español.

Finding out that a restraining order has been issued against you can be an incredibly stressful experience. An ex parte restraining order can entail the immediate loss of certain privileges, and violating the order could result in criminal penalties. In these situations, knowing how to react and what steps to take is critical for your case. With the help of a Cooke County, TX criminal defense lawyer, you can challenge a restraining order in court and protect your rights. At Magaña & Van Dyke, we have experience representing clients accused of family violence and similar offenses in Texas. Our attorneys are available 24/7 for client concerns, so do not wait to reach out if you have had a restraining order issued against you. Can I Talk to My Ex if They File a Restraining Order? Understandably, people who have been served with an ex parte restraining order often want to clear things up with the other party. Although it might seem rational to try to talk out the issue, this can hurt your case in more ways than one. First, your restraining order might order you to cease all contact with the other party (known as the petitioner). This means that if you reach out, you could face the consequences of violating a protective order. Secondly, anything you say to your accuser could be used as evidence against you in a hearing for a permanent protective order. As such, the best thing you can do is to avoid the other party altogether until your court date. Instead, seek legal representation and keep all communication strictly between you and your lawyer. What Restrictions Can a Protective Order Include in Texas? An ex parte protective order can prevent you from taking certain actions against the petitioner for up to 20 days, usually until a full hearing can be held. An ex parte order may prohibit you from: Contacting the petitioner Harming or harassing the petitioner Going near the petitioner’s home, workplace, or school You may also be ordered to give up your firearms and leave a home shared with the petitioner. Though these restrictions can feel punishing, it is important that you obey the temporary order until you can properly state your case in a hearing. If you are accused of violating the order, you could be charged with a misdemeanor offense ( Texas Penal Code Sec. 25.07). Preparing for a Hearing for a Final Protective Order Ex parte protective orders are meant to provide short-term relief from harm. If the petitioner wants a long-term order, a hearing must be held to determine whether there is a good reason for it. Showing up to the hearing on time is crucial. If you do not appear in court, the judge could grant the final protective order without you present, and it may last for up to two years. Our attorneys can stand up for you at this hearing, speaking on your behalf in court. We will challenge the petitioner’s accusations and the strength of the evidence against you. If it becomes apparent that the accuser has an ulterior motive, we can bring it to the court’s attention. Contact a Cooke County, TX Restraining Order Lawyer If you have been served with a restraining order, you need strong legal representation. Magaña & Van Dyke is here to fight for you. Call our Denton County, TX criminal defense attorneys at 940-382-1976 for a free initial consultation.

A conviction of assault can have dire legal consequences, even in seemingly minor incidents. If certain aggravating factors are present, however, an incident could result in increased penalties or even felony charges. These factors are known as aggravating circumstances, and in an assault case, they could mean the difference between a few months versus a few years of incarceration. At Magaña & Van Dyke, we understand the gravity of an assault charge. Our Denton County, TX criminal defense lawyers can assess your case and work out a strategy to minimize the charges against you. In fact, we have a history of successfully defending clients in assault charges, including a "not guilty" verdict for a client accused of felony aggravated assault in Denton. What Is Assault? According to Chapter 22 of the Texas Penal Code, you can face assault charges for committing any of the following acts in an "intentional, knowing, or reckless" manner: Injuring another person Threatening another person with imminent bodily harm Making offensive or provocative physical contact with another person Depending on the circumstances behind your arrest, you could face misdemeanor or felony charges for an act of assault. If you have been accused of this offense, be sure to seek legal representation as soon as possible. Three Things That Can Make an Assault Charge Aggravated Injuring a Public Servant Assault resulting in bodily injury is a Class A misdemeanor in Texas. However, if you knowingly, recklessly, or recklessly injure a public servant, you could face third-degree felony charges. For felony charges to apply in this case, the prosecutor must prove that : You knew the alleged victim was a public servant; and The public servant was performing his or her official duties. In Texas, a third-degree felony is punishable by two to 10 years in prison. Assaulting a Family or Household Member If you have a prior history of family violence, assaulting a family or household member through bodily injury could be prosecuted as a third-degree felony. If the offense involved strangulation, the charges could be escalated to a second-degree felony, carrying two to 20 years in prison. For the purposes of the law, dating partners are treated as family and household members. Committing Assault With a Deadly Weapon When an act of assault involves a deadly weapon, it is charged as aggravated assault, which has stricter penalties. Simply "exhibiting" a deadly weapon to threaten another person can be charged as aggravated assault. Aggravated assault with a deadly weapon is charged as a second-degree felony. However, if the victim suffered a traumatic brain or spine injury resulting in a vegetative state or paralysis, the offender could be charged with a first-degree felony punishable by up to 99 years in prison. Contact a Denton County, TX Assault Defense Lawyer The crime of assault is complicated in Texas since it may involve many intersecting factors. At Magaña & Van Dyke, our Cooke County, TX criminal defense attorneys can give you an idea of the possible consequences of a conviction and fight for you in court. Call our offices at 940-382-1976 to schedule a free initial consultation.

The Lone Star State respects the rights of responsible gun owners. However, there are many regulations that, if violated, could result in you facing criminal charges. If you have been accused of a weapons offense in Texas, the smartest thing you can do is to seek out legal representation. A Cooke County, TX gun crime defense attorney can stand up for your rights and protect you in court. Many weapons offenses are the result of simple mistakes or errors in judgment. At Magaña & Van Dyke, we recognize that many otherwise responsible gun owners can get caught up in serious charges. To remedy your situation, we will pursue the best outcome possible with a strong legal defense. The Penalties for Lying to a Gun Vendor A small misrepresentation or omission of fact when buying a gun could have serious consequences. Under the Texas statute for the unlawful transfer of certain weapons, you could be charged with a crime for knowingly making a "material false statement" to a firearms dealer while you are prohibited from owning a gun. This crime is punishable as a state jail felony in Texas, which means you could face anywhere from six months to two years in jail for a conviction. At Magaña & Van Dyke, our firm can review the facts of your case to look for possible mitigating circumstances or defenses. For instance, you could argue that you made a mistake when filling out a form for purchase, which is not a "knowing" attempt. Can I Be Charged With a Crime for Shooting a Gun? For many responsible gun owners, going shooting is a recreational hobby and a social event. However, if you do not exercise caution, the outing could end with an arrest. If you recklessly discharge a firearm within a municipality of more than 100,000 people, you could be charged with a crime. This offense is a Class A misdemeanor carrying up to $4,000 in fines as well as a jail sentence of up to a year. At Magaña & Van Dyke, we can review the prosecution’s case to see if the charge holds water. First, we might challenge whether or not your conduct was reckless. If nobody could have been endangered by your discharge of the weapon, the case against you could be weakened. Second, we may question if the incident occurred within the corporate limits of the municipality. You can rely on our firm to look closely at the details, making sure nothing is overlooked in your defense Are Felons Allowed to Carry Firearms in Texas? If you have been convicted of a felony, violent or not, you will be barred from owning a firearm. If you are found to have violated this law, you could be prosecuted on third-degree felony charges, with the possibility of up to 10 years in prison. Sometimes, people are accused of unlawful firearm possession due to a mistake of fact. A weapon belonging to a housemate or a passenger in your vehicle could be labeled as yours, despite evidence to the contrary. Our firm can clear up these misidentifications on your behalf. Contact a Cooke County, TX Criminal Defense Lawyer Accidents happen, and people with good intentions can end up arrested. If you or a loved one needs representation for a weapons violation, reach out to Magaña & Van Dyke today. Our Denton County, TX gun crime attorneys can discuss your best options for your defense. Our firm was established in 2007, and since then, we have focused on providing all of our clients with honest counsel and personalized service. Call us at 940-382-1976 to arrange a free consultation.

If you have received a citation for a Class C misdemeanor like public intoxication or disorderly conduct, you might be tempted to simply pay the fine. A penalty of a few hundred dollars may not seem like much, but the consequences can follow you for years to come. To protect your future, the best thing you can do is to seek out legal representation. A Denton County, TX criminal defense lawyer can go over your options to fight a public intoxication or disorderly conduct charge. At Magaña & Van Dyke, we have defended clients against a wide range of offenses, ranging from minor misdemeanors to serious felonies. When you work with our firm, we will do everything in our power to mitigate the charges against you. Is Paying a Fine an Admission of Guilt in Texas? When you pay the fine for a Class C misdemeanor without jail time, you are essentially admitting that you committed that crime. This is treated as an immediate guilty plea, and you waive your right to a trial. Taking the path of least resistance is rarely the best option in a criminal case. Instead, if you choose not to pay the ticket, you can fight the charge in court and potentially get the sentence reduced or dismissed. Our criminal defense lawyers can explore your options to avoid a conviction, such as pretrial diversion for a first offense. What Are the Consequences of a Misdemeanor Conviction? A Class C misdemeanor does not disappear after you pay the fine. Your criminal record will be accessible to anyone who runs a background check on you, including employers, universities, and landlords. The stigma of your conviction can adversely affect your future opportunities, even if it was just a small infraction from a long time ago. The conviction will remain on your criminal record indefinitely unless you petition for a nondisclosure, which is a difficult process in itself. In many cases, you are better off contesting the charge rather than simply accepting a conviction. What Should I Do if I Have Been Charged With a Class C Misdemeanor? When you are charged with disorderly conduct or public intoxication, the citation will include a court date. This gives you time to prepare your defense and seek out legal representation. While your case is still ongoing, refrain from saying anything about your charges to anyone but your attorney. Any statements to police you make could be used as ammunition against you in court, no matter how well-meaning. At Magaña & Van Dyke, we can meet with you in private to discuss your strategy to fight the charge in court. We can also advise you of what to say in court and how to present yourself. Since our firm was established, we have received numerous positive reviews praising our aggressive and persistent defense. You can rest assured that we will fight for the best possible outcome to your case, keeping your best interests in mind. Contact a Denton County, TX Criminal Defense Lawyer If you have been charged with public intoxication or disorderly conduct, paying the fine could result in a lasting blemish on your record. At Magaña & Van Dyke, our Cooke County, TX criminal law attorneys can stand up for you in court to protect you from the collateral consequences of a conviction. Call us at 940-382-1976 to set up a free consultation.

Getting arrested for a criminal offense can be a disorienting experience. From the moment of your detainment, you may feel increasing pressure and stress. You might even feel powerless. However, you still have rights that you can and should exercise. Whatever charges you face, the best thing you can do is to get in contact with a Denton County, TX criminal defense lawyer. At Magaña & Van Dyke, we have years of experience handling serious misdemeanor and felony charges on behalf of our clients. Our firm can inform you of your rights and stand up for you throughout your case, making sure you are fairly represented. Knowing Your Miranda Rights The Fifth Amendment protects you from self-incrimination. This means that you have a right to remain silent while in police custody. Whether you are in the back of a police car or inside an interrogation room, saying nothing is one of the best ways to protect yourself. While it may seem tempting to speak in your own defense, oftentimes, the risk greatly outweighs the potential benefits. Your verbal statements could be used as evidence against you in court, even if you think you are helping your case by explaining yourself. With this in mind, "pleading the Fifth" is a sound strategy. Your Right to Legal Counsel After you have been arrested, you have a right to an attorney. This is crucial, as a legal professional can provide you with the advice and representation you need to fight the charges against you. You are also entitled to speak with an attorney in private, and have your attorney present during questioning. At Magaña & Van Dyke, we have a deep understanding of the legal procedures that take place after an arrest. We can provide you with qualified counsel for your situation, helping you come up with a strategy for your defense. Ideally, you should get in contact with a defense lawyer as soon as possible after questioning. What Can I Do if My Rights Were Violated? If you suspect that your rights were violated at any point during your criminal case, let your attorney know as soon as possible. For example, if the police did not read you your Miranda rights before an interrogation, the evidence could be deemed inadmissible in court. In another example, if you were subject to an illegal search in violation of your Fourth Amendment rights, anything procured from the search could be suppressed in court. Our criminal defense attorneys are keenly aware of your rights. We will fiercely advocate for you in court, bringing any injustices to the court’s attention. Meet With a Cooke County, TX Criminal Defense Lawyer Citizens who do not know their rights risk having them violated. At Magaña & Van Dyke, we can help you protect your best interests after an arrest, working diligently on your behalf. With decades of real experience and proven case results to show for it, you can trust that your case is in good hands with us. Call one of our Denton County, TX criminal law attorneys to schedule a free consultation today.

Usually, the term " driving while intoxicated " is associated with alcohol. However, it can also apply to dangerous controlled substances that can impair your faculties. If you are accused of driving while intoxicated by drugs, you could face serious penalties in a court of law. With the help of a Texas criminal defense lawyer, you can fight a drug DWI charge. If you have been arrested on DWI charges, you should get in contact with a qualified legal professional at the earliest opportunity. At Magaña & Van Dyke, we have experience handling difficult, high-stakes cases, including charges of DWI. What Is the Legal Definition of Driving While Intoxicated in Texas? According to the Texas Penal Code, you can be considered legally intoxicated if you do not have "the normal use of mental or physical faculties" due to some combination of alcohol, a controlled substance, or a drug in your system. DWI is simply defined as operating a motor vehicle while intoxicated in a public place. The punishments for DWI vary depending on the severity of the act. By itself, DWI is charged as a Class B misdemeanor, carrying a sentence of up to 180 days in jail. However, the statute for DWI specifically mentions that a conviction carries a minimum of 72 hours behind bars. You can also face enhanced penalties under certain circumstances, such as if there was a child passenger in the vehicle. Is Evidence Different in Drug DWI Cases? In a "standard" alcohol DWI case, police use a metric called blood alcohol concentration (BAC) to determine if a driver is drunk or not. At a BAC of .08 percent or higher, you can be considered legally intoxicated. In drug DWI cases, there is no real equivalent to BAC. Chemical testing can reveal the presence of a controlled substance in your body, but drugs can linger in your system for days or even weeks. As such, the prosecution may have a more difficult time proving that you were intoxicated at the time you were pulled over. Instead, the prosecution might focus on your behavior at the time of your arrest. Can I Be Charged With a Crime for Driving While Intoxicated by a Prescription Drug? Some prescription medications – like medical cannabis products – can impair your normal faculties. Though you may have a legal right to possess or use these medications, it is not a defense against DWI charges in Texas. This is stated clearly in the Texas Penal Code, which provides that you can still be prosecuted even if you are "entitled to use" a controlled substance or drug. If you have been charged with DWI resulting from a prescribed drug, you should seek out an attorney as soon as possible. At Magaña & Van Dyke, we can employ different legal strategies, such as challenging the legality of the traffic stop. Contact a Cooke County, TX Drug DWI Defense Lawyer Though there may be a different investigative process in a drug DWI case, the penalties are no less severe. Our Denton County, TX intoxicated driving defense attorney can represent you in court and aggressively protect your rights. Call our offices at 940-382-1976 to arrange a free consultation today.