Frequently Asked Questions - Criminal Law

Once a crime is reported to the authorities, it's no longer the alleged victim's decision whether charges are pursued by the county attorney (for misdemeanors) or district attorney (for felonies). If the alleged victim's testimony was the only solid evidence in the case (particularly for more minor offenses), then the alleged victim signing an Affidavit of Non-Prosecution can make it much more likely that charges aren't filed. However, if there were other witnesses or other evidence such as photographs, videos, or police reports, prosecution will often continue even against the alleged victim's wishes.

Public defenders are not only real lawyers, they are often very good lawyers (and that is written with all sincerity). The reason many people are dissatisfied with their representation by a public defender often boils down to the fact that a public defender simply doesn't have as much time for each of their clients as the client or the public defender would like. Remember, public defenders generally can't refuse a case once it's assigned to them by a court, and there are a lot of people in Texas relying on public defenders to protect their rights and see justice done. Restoring Justice (an organization not affiliated with Dalworth Legal, PLLC, or the State Bar of Texas) estimated that as of 2019, 81% of Texans charged with a crime needed a public defender.

That's also the reason why it can seem so expensive to be part of the 19% who hire a private attorney to defend them in a criminal case. A few thousand dollars is a lot of money, but you're paying to be part of a small, selective caseload for an attorney who will be able to give you and your case much more personal attention in the months ahead. Hiring Dalworth Legal means knowing an attorney will take the time to go over every frame of footage, every page of police reports, and all the other evidence to make sure that your rights are protected and that a fair sentence is handed down. It means an attorney who will take the time to talk with you when you're scared or angry about how the justice system is treating you. It means an attorney who understands the value you put on your freedom, and who will help the court and prosecutor understand the value as well so that we can see justice done on all sides.

The length of your case depends on many factors, including the location (counties with bigger cities tend to move cases along faster than rural counties), the severity of the offense, how long ago the alleged offense occurred, and what plea deals are offered by the State (accepting a plea deal you think is fair will be a much faster process than going through trial). Generally, you're looking at three to six months for a misdemeanor and up to two or three years for a felony, though most cases are resolved within a year.

Texas offers two ways to get a clean public record after an arrest: expunctions and nondisclosures. It typically costs $300.00 - $500.00 in court fees depending on the county (not including whatever an attorney will charge for their time) to file a petition for expunction or nondisclosure, so you are strongly encouraged to hire an attorney to make sure you are eligible and that the paperwork is done properly. It's also important to hire an attorney familiar with expunctions and nondisclosures because a critical part of the process is listing each government agency that should be notified if your petition is granted. Not listing an agency due to a lack of knowledge on your part may result in your criminal record remaining available to the public through that agency.

Expunctions are essentially an order from the court saying that all evidence of your arrest and trial must be completely destroyed. Because an expunction truly wipes the slate clean, it's only available in limited circumstances. If you are tried and acquitted, convicted but later pardoned, or if charges are never filed by the state, you may be eligible for a full expunction. See Chapter 55 of the Texas Code of Criminal Procedure for more information about expunctions.

 A nondisclosure of criminal history means that government agencies get to keep a record of your conviction and offense (which may be relevant if you have further trouble with the police in the future), but they are prohibited from releasing that information to the public and you will not be required to disclose that conviction on most job, housing, or school applications. However, certain agencies will still be entitled to your full criminal history even with a nondisclosure (the list is fairly long, but you can see the full list at Section 411.0765 of the Texas Government Code). Generally, you may be entitled to a nondisclosure if you successfully completed deferred adjudication (not probation), it was your first offense besides traffic tickets, it was a nonviolent offense, a certain period of time has passed (the required length of time changes depending on the offense), and you have not been convicted of any other crime besides traffic tickets since then. The laws surrounding nondisclosures are much more detailed than the laws surrounding expunctions, so you should speak with an attorney for more detail about any specific charges you'd like to have cleared. Nondisclosures are covered in Sections 411.071 through 411.0775 of the Texas Government Code.