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Austin DWI Lawyers

1. Greenway, Virginia: How do I get someone out of jail? When someone you know gets arrested, the first thing you should do is call a reputable attorney. It is important that you know the following information so that the lawyer can properly assist you: 1) the personÕs full name and date of birth; 2) the date and approximate time of the arrest; 3) what they are charged with; 4) what county the charge is out of; 5) whether they have any criminal history; and 6) whether they are a U.S. Citizen. You may not have all this information but if you do it is important to pass it along. Personal Bond The attorney can call pretrial services and check on the status of the personÕs evaluation for personal bond. The attorney can also check on the bond amount in the case and interview the arrested individual to expedite the process. Many people are approved for personal bond in Travis County but a lawyer can speed up that process significantly and save your friend or loved one extra time in custody. Also, many times when a person is rejected for personal bond, a lawyerÕs involvement can change that recommendation and get the person approved for release on personal bond. You can check the status of the arrested person on the Travis County SheriffÕs website if they are in custody in Austin. This will give you information on the charge(s) and the bond amount(s). You can also call Pretrial Services at (512)854-9381 between the hours of 8:00 a.m. and 8:30 p.m. to see where your friend or loved one is in the process. A lawyer can tell you if you need to seek the assistance of a bail bondsman to obtain the personÕs release. In very serious cases and in minor cases where the person is not from Travis County or has a history of bond forfeiture, a surety bond with a bail bondsman may be the quickest option for obtaining a personÕs release from custody. The disadvantage of using a bail bondsman is that money that could be applied toward defense of the case will go toward jail release. Sometimes people spend all of their available money getting a person out of jail and then there is little money left to actually defend the case. I always apply whatever monies I receive to secure a personÕs release from jail toward their legal fees and they thus receive what amounts to a discount on my services. For this reason, it is always advisable to call an attorney first to see if they can help. Cash Deposit Bond A cash deposit or Òcash percentageÓ bond is also available in most instances in Travis County. This type of bond is something a lawyer can help you get approved and it typically requires that 10% of the amount of the bond be posted with the County. The benefit is that even though you are ineligible for personal bond you still avoid a surety. I typically get an assignment of the 10% from the client and that offsets the legal fees for defense of the case. For example, if the cost of the defense is $5000 and the cash deposit posted with the County is $2000, only $3000 will be owed for legal representation at the front end with the remaining $2000 being released to me at the close of the case. Cash Bond A cash bond is something any defendant can post without the assistance of a lawyer or surety. Essentially, you must post the full amount of the bond with the County to secure your release. At the close of the case the money is released to you or your assignee minus a minimal transaction fee (usually just $50). The clear benefit is that the defendant gets back almost all the money he or she put up for the jail release at some point. For example, if you pay $5000 to a bail bondsman you will never get that money back. But, if you deposit $5000 with the County to secure your release, that money will be returned to you at the end of the case assuming you show up for court and resolve the charge against you. This type of bond is feasible for many at the low end of bond amounts: e.g. $750 up to $5000. It becomes impossible for most beyond that and that is when a surety comes in handy. With use of a surety only 10-20% of the full bond amount needs to be raised, e.g. a $50,000 bond would require $5000 normally. Note that in Williamson County it is rare for a person to be released on his or her own recognizance so a surety bond will often be the only option. I always refer clients to Freedom Bail Bonds in Williamson County because they have proven to be professional and reliable. Their number is (512) 930-3040. Please contact me first if your friend or loved one is in the Williamson County Jail. Back to top of page Q: How do I find out if there is a warrant for my arrest? There are a number of databases you can check to see if you have active warrants. The OMNI system can be checked to determine if you have active Class C (mostly traffic) warrants. Have your driverÕs license number ready before calling the automated number at 1-800 686-0570 or locally at (512) 342-0915. You call also check for Travis County warrants on the SheriffÕs website. This search requires both name and date of birth. Lastly, you can check for APD warrants on the Austin Police DepartmentÕs website. I am happy to run these searches for you if you prefer. Back to top of page Q: There is a warrant for my arrest. What should I do now? Call an attorney. There is a procedure called a Òwalk throughÓ that may be available to you. This procedure involves getting you pre-approved for personal or cash deposit bond so you can turn yourself in and be released shortly thereafter. The SheriffÕs deputies will take a booking photo and your fingerprints, assign an appearance date, and let you go. The process generally takes no more than two hours depending upon how busy they are. The walk through is preferable to just waiting to be picked up because you do not need to fear being arrested at work, home, or while driving and you have more control over how long you spend in custody. Back to top of page Q: Do you write surety bonds for clients? No, I do not. Some attorneys do and while the practice is legal it is ill advised in my opinion. If your attorney is also acting as your bail bondsmen there is a conflict of interest. If you disappear, the lawyerÕs self interested goal will be to have you rearrested. Your lawyer should never have an interest in you being arrested. If a surety bond is the only way for a person to be released, it is best for a bail bonding company to write the surety bond. Back to top of page Q: I have been contacted by law enforcement and they want to ask me some questions. What should I do? Call a lawyer immediately. It is rarely ever to your advantage to cooperate with law enforcement. I always hate to see that a client has given a full statement to police, without counsel, prior to the case being charged. It makes your life and your lawyerÕs job significantly more difficult. Instead, I advise people to tell the detective or whoever is calling that you will need to speak to an attorney first. In certain instances it may make sense to give a statement to law enforcement but your lawyer should be present. I can advise you on how to proceed and, if appropriate, accompany you to give a statement. Usually the advice will be to say nothing, but I have had cases where the clientÕs cooperation prevented criminal charges from being filed. The simple rule to remember is never talk to law enforcement without a lawyer. As I tell clients, law enforcement is not your friend; they are only trying to gather evidence against you. And unlike grammar school you do not get points for participation. Back to top of page Q: What should I consider when choosing an attorney? It is important to pick a lawyer you feel comfortable with and one who instills trust and confidence in you. Not all lawyers have respect for their clients or for the work we are supposed to do for our clients. Unfortunately, cost is often the driving force behind a personÕs selection of defense counsel. As with anything, you get what you pay for. When your rights and freedom are at stake it does not make sense to go with the low price leader. Attorneys set the fee based on the amount of work they think will be required to fight the case and a low fee often indicates that the lawyer does not plan on putting in much effort for your defense. This should be a red flag to you. While it is true that a high fee is not always a guarantee of high quality of legal representation, an attorney whose experience has led them to command a higher fee is generally one concerned about his or her professional reputation. I always charge what I think IÕm worth and what I think the complexity of the case demands, no more and no less. I do not charge more because someone shows up in a fancy car for the initial appointment. Fee setting is an exercise in ethics and we are duty bound not to charge an unconscionable fee. I never do. Aside from cost and your general comfort level with the lawyer, you should consider that personÕs experience, command of the facts of your case and the law, and reputation in the larger community. A lawyer with a reputation among colleagues, Judges, and prosecutors for hard work, strong ethics, honesty, and general likeability is an asset to you and your defense. This is a small legal community and clients pay when the lawyer they have chosen has a damaged reputation. I take great pride in the fact that I am often the second attorney on a case. Since I do not advertise, what that means is that these people have become disaffected with their choice of lawyer, sought out a referral to more responsive and effective counsel, and been given my name by a satisfied client or someone else with whom IÕve had contact in my community. I can fix any damage thatÕs been done and get your case back on track. Accessibility is a big deal. You need a lawyer whose volume is not so huge that they canÕt be available to take your calls and answer your questions. I govern my volume to provide the highest level of service I can to each client. To my way of thinking, good lawyering must come first and income generation must come second. A flashy ad can be expensive and you can bet that many hundreds of people have responded to the same ad and will create a demand on that lawyerÕs time that may mean youÕll get short shrift. Bigger is rarely better in criminal defense. Back to top of page Q: What are the levels of criminal offenses in Texas and the penalty ranges? Felonies Capital Felonies: life in prison without parole or the death penalty First Degree Felonies: 5 to 99 years or life in prison and a fine not to exceed $10,000 Second Degree Felonies: 2 to 20 years in prison and a fine not to exceed $10,000 Third Degree Felonies: 2 to 10 years in prison and a fine not to exceed $10,000 State Jail Felonies: 180 days to 2 years in a State Jail facility and a fine not to exceed $10,000 Misdemeanors Class A Misdemeanors: 0 to 365 days in jail and a fine not to exceed $4000 Class B Misdemeanors: 0 to 180 days in jail and a fine not to exceed $2000 Class C Misdemeanors: fine only Back to top of page Q: How long will it take for my case to be over with? Sometimes people say that they really just want their case to be over with and to get the whole matter behind them. While I can appreciate that sentiment, a quick resolution is often not the best. In fact, it usually takes a lot longer to work a case out to the clientÕs best advantage. There is no way to accurately predict how long a case might take because there are so many variables, many of which are completely out of the lawyerÕs control. As I tell my clients, patience pays. Any lawyer can go up to court at the first pretrial setting and plead you out to probation, but that is rarely in your best interest. A good lawyer will take the time to investigate the facts of your case and the law applicable to those facts. A good lawyer will use every means necessary to put pressure on the State to improve the offer. A good lawyer will try a case if it simply cannot be worked out to the clientÕs satisfaction and the client desires to have a trial. All of these things take time and delays almost always favor the defense in my view. I can say that the typical misdemeanor Assault Family Violence case and the typical misdemeanor DWI case take about nine months to a year to resolve. You will have to live with the outcome for the rest of your life so the time necessary to achieve the best possible resolution is well worth it. Back to top of page Q: I do not like my current lawyer. What can I do about that? For some reason I am often the second lawyer hired on a case. I therefore have a lot of experience advising people on what to do if they are unhappy with their current lawyer. It is not necessary or advisable to fire the lawyer in every case. Often the main problem is a lack of communication and that can sometimes be corrected. I usually tell people to let the lawyer know they are unhappy by written communication. In my experience a letter is more likely to receive a response and changed behavior than frequent phone calls. If you are still unhappy you can always change lawyers. You must be aware that rarely if ever will you get back any of the money you paid to the initial lawyer. As you can imagine switching lawyers can become a costly choice, but in certain instances it is the best thing a person can do. In some circumstances the conduct of the lawyer may warrant the filing of a grievance with the State Bar. Back to top of page Q: I am not a U.S. Citizen. Is that an important consideration in dealing with my criminal case? Yes, your non-citizen status may be very important depending on the charges against you. Some offenses carry with them immigration consequences that are far worse than the criminal consequences. Theft and Assault Family Violence, for example, can result in deportation and permanent exclusion from citizenship. It is extremely important that you hire a lawyer who is familiar with the immigration consequences of conviction. NOTE: I do not speak Spanish and I will not represent Spanish speakers, but I will refer such cases to reputable Spanish speaking colleagues. In my experience, it is not sufficient to have family translate for a client. A lot is lost and misunderstood in translation. Spanish speakers should always be represented by other Spanish speakers. Back to top of page Q: Is taking a plea offer better than going to trial? Who makes the decision about whether I go to trial? Taking a plea offer avoids the risk of trial. I always tell clients that a 100% chance of dismissal through plea negotiations is better than a 99% chance of acquittal at trial. Even a 1% chance that a jury will act unpredictably and convict on a weak case is not worth the gamble in most cases. I have an excellent track record of having my clients avoid conviction without the necessity of a trial. I do this by relentless and well considered plea negotiating. The prosecutors know I am always prepared and they trust my judgment and assertions. They also know I will not back down from trial if we are unable to negotiate a deal. Nationally, less than 10 % of criminal cases end up going to trial. The rest get dismissed or resolved through negotiated plea. Ultimately, the decision about whether to go to trial is the clientÕs alone. I will advise the client on what I think the most prudent course of action would be and the consequences of conviction, but the client makes the call. Even though it is unlikely your case will end up going to trial, you need to hire a lawyer willing and able to try a case. There are some lawyers who are very upfront about the fact that they will get you the best deal they can but will not try a criminal case. The problem is that the State wonÕt offer the best deal they can to a lawyer they know never tries a case. Although I almost always achieve results that obviate the need for a trial, I am prepared to try your case and I enjoy trying criminal cases. Back to top of page Q: What is the difference between a deferred adjudication and a regular probation? With a deferred adjudication you enter your plea of guilty or no contest, but the Judge withholds a finding of guilt and places you on probation. If you successfully complete the deferred adjudication probation, your case will be dismissed and you will avoid conviction for the offense. If you avoid conviction you may be entitled to have you your records sealed, but not expunged, in the future. If you fail to comply with the terms of probation a ÒMotion to AdjudicateÓ will be filed and at that point the Judge can enter a finding of Guilty. If that occurs you will have a conviction on your record. With regular or ÒstraightÓ probation, you enter your plea of guilty or no contest, the Judge finds you Guilty, and you are placed on probation. Successful completion of probation will allow you to avoid additional jail time, but from the moment of your plea you are convicted of the offense. You are never entitled to have your records sealed or to have your record expunged. This is so because you have taken a Òfinal convictionÓ for the offense. It is important to understand the ramifications of probation, the terms of probation, and the consequences of your non-compliance. Too many lawyers spend too little time explaining probation to their clients and it results in lots of probation failure. I always spend a good bit of time explaining probation and how to avoid motions to revoke or adjudicate being filed in the future. My goal for my clients on probation is that they successfully complete it. I tend not to recommend probation to clients who have little realistic chance of successful completion. In some circumstances a short jail sentence is preferable to a term of probation which will likely be revoked in the future. Usually the jail sentence imposed when probation is revoked far exceeds what would have been offered at the time of the plea. Back to top of page Q: Can I get my criminal record expunged? It depends. If you pled to straight probation and successfully completed that probation, I am sorry but you cannot get your record expunged. If you completed a Òdeferred adjudicationÓ and the case was ultimately dismissed you cannot get your record expunged, but you may be able to get your record sealed. The sealing of records will make them available only to law enforcement and similar entities but not to the general public. Only if your case was dismissed or you were found Not Guilty at trial might you be eligible for expunction of your record. Even then, there are other considerations that may affect your eligibility. This analysis is very fact specific and requires a lawyerÕs expertise. The major benefit of expunction is that it allows you to legally deny that you were ever arrested on a specific charge. This can be very helpful on employment, school, loan, rental, and other applications. Back to top of page Q: The alleged victim in my case wants to drop charges. Can he/she do that? Clients and alleged victims often think that if the victim simply Òdrops the chargesÓ the case will go away. Unfortunately, that is not the case. From the moment of the arrest the cases are styled The State of Texas vs. whomever. What that means is that the State can and usually will proceed with the case even if the alleged victim does not want to press charges. Nevertheless, there are ways an alleged victim can help secure jail release for a defendant and can help resolve the case in a way favorable to the defendant. These issues come up most often in the context of Assault Family Violence cases. If you are an alleged victim in one of these cases, you can call Pretrial Services at (512) 854-9381 and explain that you are not afraid of the defendant and that you would be okay with him or her being released. When possible, Pretrial Services will want to actually meet you in person so you can arrange that when you call in. This will expedite the defendantÕs release. As the case progresses, if you indicate that you do not want the client prosecuted most attorneys will prepare an ÒAffidavit of Non-ProsecutionÓ for your signature. This document does not make the prosecutor dismiss the case, but it does indicate your unwillingness to proceed and will cause the State to evaluate their case more critically. Although there is a procedure at the County AttorneyÕs Office whereby alleged victims can take a class called Project Options and then meet with an Assistant County Attorney to Òdrop charges,Ó I never recommend that people go through that. In my experience both as a defense attorney and a former prosecutor who conducted these interviews, the State almost NEVER recommends that a case be dismissed. The whole process is little more than a waste of time from the standpoint of assisting in the clientÕs defense. DISCLAIMER TO ALLEGED VICTIMS: Lying to assist a criminal defendant in an affidavit or during court proceedings may subject you to perjury charges. You should not tell Pretrial Services you are not afraid if you are afraid. Your safety must come first and the possibility of a second assault or worse puts the client at great risk as well. If you feel you are in danger of future acts of domestic violence you can call SafePlace at (512) 267-SAFE (7233). The defense attorney is not your lawyer and he or she has the best interests of the client at heart, not necessarily your best interests. While it is entirely appropriate for you to speak with defense counsel and for defense counsel to contact you as a witness in the case, you may want to consult with your own attorney.
2. Dunham Law Firm: Austin TV station weekend anchor wrecked his car before being arrested for drunk driving in Lakeway, Texas. Lakeway Police charged a KXAN news reporter with driving while intoxicated after finding his car stuck in a drainage ditch. David Michael Torbi, who uses the name Davis Scott on the air, was uncooperative and swore at the police as they approached his vehicle. Police detected alcohol on his breath and found a mixed drink in an open container in his car. According to the arrest report, Torbi admitted to having had too much to drink. He refused to submit to a field sobriety test and was booked on charges of misdemeanor DWI. The criminal defense lawyers at my law firm believe that under Texas law, a motorist suspected of driving while intoxicated has the right to avoid self-incrimination through breath, blood or urine evidence. This action does not void law enforcement's ability to seek an arrest based on additional information gained from a potential DWI investigation.
3. Hammonds, Pat: When you have been arrested and charged with a crime, the consequences can be devastating and may stay with you the rest of your life. A criminal conviction can lead to the loss of certain privileges, such as the right to drive. You may face significant fines, probation and even jail time. You want an experienced lawyer to protect your rights, one who fully understands the criminal law and will help you make informed decisions that are in your best interests.
4. Evans, Peek, McConnell & Veltman: You should consult an attorney for individual advice regarding your own situation.
5. Ben Florey: A criminal conviction, whether for a misdemeanor or a felony, can result in serious consequences, including large fines, probation, loss of oneÕs drivers license or professional licenses, jail time, and state or federal prison time.
6. David Frank: If you are convicted of a second or subsequent DWI within 5 years of your last conviction, you will face stiffer penalties and more serious driver's license suspensions. If you commit a second or subsequent DWI or intoxication manslaughter within five years of your most recent DWI, your driver's license will be suspended for one year. Additionally, if your driver's license is suspended for a second or subsequent intoxication assault committed within five years of your most recent intoxication assault, the suspension continues for a period of one year.
7. Garrison Attorney at Law: Should I Submit to an Intoxilyzer Machine For the Breath Test? No. You should not take the test unless you have not had anything to drink. The machine has been proven to be faulty and has an acceptable rate of error.
8. Ken Gibson: If you drive after losing your license, you will be arrested for a new criminal charge, your license can be suspended for additional time, and the fact you drove while your license was suspended may be admissible in your DWI case.
9. Coral Gunter: Cases involving DWI can be very hard on those that often have little to no experience with the criminal justice system. When this happens to you, get an attorney who will work for your rights.
10. Ian Inglis: In Texas, a first-time DWI conviction is a class B misdemeanor, punishable by up to six months in jail and a $2000.00 fine. A second DWI conviction is a class A misdemeanor, punishable by up to a year in jail and a $4000.00 fine. A third DWI conviction is a third degree felony, punishable by up to 10 years in prison and a $10,000.00 fine. A misdemeanor DWI defendant is eligible for probation of up to two years, and a felony DWI defendant is eligible for probation of up to 10 years. In addition to criminal punishment, a DWI defendant in Texas may be subject to a driver's license suspension for failing or refusing an alcohol test, or for being convicted of the DWI offense.
11. Jones, Minton & Burton: The first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing in front of a judge.
12. Stuart Kinard: A breath test or field sobriety test does not automatically prove you guilty. According to the federal government, accuracy of field sobriety tests are as follows: HGN test...................77% Walk and turn.............68% One leg stand.............65%   Evaluating A DWI Case and the Deciding Factors... In most DWI cases, there are 3 pieces of evidence that are open to interpretation of the law.