Hays County Criminal Defense Attorney

Compassionate & Driven Legal Counsel for Those Facing Criminal Allegations

The Law Offices of David C. Hardaway relentlessly pursues a favorable outcome on our clients’ behalf. Our criminal defense attorneys understand how frightening it can be to be arrested and face criminal charges, which is why we offer comprehensive and sound legal counsel and are committed to being there for you every step of the way. Our firm is not only focused on defending your rights but also ensuring that the legal process is as transparent and stress-free as possible. With legal sophistication and empathy, our criminal defense attorneys are ready to guide you through each phase of the legal process.

With a reputation for delivering high-quality legal services, our criminal defense lawyers in Hays County are committed to protecting your rights and your future. We understand the gravity of what's at stake and the profound impact a criminal charge can have on your life. That's why we bring our best to every situation we handle, leveraging our significant experience in the Texas legal system to tailor our defense strategies specifically to your circumstances.

Contact our criminal defense firm online or via phone at (512) 846-9966 to schedule a consultation with our criminal defense attorney in Hays County, TX.

Types of Criminal Defense Cases We Handle

Founded by Attorney David C. Hardaway in 2010, our law firm has a decade-long track record of standing up for the accused. No criminal charge challenge is too complex or too challenging for us. We can handle even sensitive situations with discretion and robust defense strategies.

Our team of dedicated Hays County defense lawyers handles a broad spectrum of criminal cases, including:

• Driving while intoxicated (DWI)
• Administrative license review
• Drug-related charges (i.e., possession, manufacturing, and distribution charges)
• Sexual assault
• Family violence
• Assault
• Theft crimes
• Murder and other violent crimes
• Federal crimes
• Property crimes
• Expunctions

Understanding Texas Penal Codes with Your Hays County Lawyer

Navigating the complexities of Texas penal codes can be daunting, but at The Law Offices of David C. Hardaway, we make it our mission to demystify these legal structures for our clients. Texas laws are particularly stringent on issues like controlled substances and firearms, and understanding these laws can significantly influence the outcome of a legal matter. Our Hays County criminal defense team stays up-to-date with legislative changes to ensure your defense is aligned with the latest legal standards. Whether dealing with misdemeanors or more serious felonies, our in-depth knowledge of Texas law empowers us to mount a robust defense.

Steps in the Hays County Criminal Defense Process

The criminal defense process in Hays County follows a specific sequence, from initial arrest through to potential trial. First comes the booking and bail phase, where we work to secure your release while highlighting any procedural errors during your arrest. The pre-trial stage involves crucial preparation, with our criminal lawyer conducting thorough investigations and articulating strong defense motions. Should your circumstances proceed to trial, you can rely on our extensive courtroom experience to advocate effectively on your behalf.

On What Grounds Can a Criminal Charge Be Dismissed in Hays County, TX?

One of the most favorable outcomes for a defendant is having their charge dismissed. However, achieving a dismissal is not a simple task. Our criminal lawyer can focus on pinpointing every possible defense angle to challenge the prosecution's position effectively.

It's important to note that in Texas, only judges and attorneys have the authority to dismiss charges. A prosecutor can file a motion to dismiss, which the judge can approve or deny. Similarly, a Hays County criminal defense attorney can file a motion to dismiss for distinct reasons, but the final decision rests with the judge.

In Texas, there are several potential grounds for dismissing a criminal defense charge. These include but are not limited to:

• Insufficient evidence. This is one of the most common grounds for dismissal. If the prosecution cannot provide enough evidence to prove beyond a reasonable doubt that the defendant committed the crime, the charge may be dismissed. For instance, if an alleged victim recants or witnesses are uncooperative, the defense can argue that the prosecution lacks the evidence to substantiate the charges.
• Violation of constitutional rights. If it's proven that the defendant's constitutional rights were violated during the arrest or investigation, such as an unlawful search and seizure, the charge could be dismissed.
• Improper criminal complaint or charging document. If there are errors or omissions in the charging document that affect the defendant's ability to prepare a proper defense, this could lead to a dismissal.
• Statute of limitations. Most crimes have a statute of limitations, which is a deadline by which charges must be filed. If the prosecution files charges after this period has expired, the charge can be dismissed.

Our Hays County criminal defense attorneys can employ various strategies to seek a dismissal. They might challenge the sufficiency of the evidence, question the legality of the arrest or search, or contest the validity of the charging document.

These strategies often require filing pretrial motions, such as:

• a motion to suppress evidence,
• a motion to dismiss due to insufficient evidence,
• a motion to dismiss for violation of the right to a speedy trial.

Should You Accept a Plea Deal or Go to Trial in Hays County?

A plea bargain is a mutually agreed-upon deal between a defendant and a prosecutor. It involves the defendant admitting guilt to a crime in return for certain benefits from the prosecution. These benefits can include a decrease in charges, a lighter sentence, or the dropping of certain charges.

While there are many benefits to accepting a plea bargain, including avoiding the uncertainty and cost of trial, there can also be drawbacks, including:

• Admission of guilt. By accepting a plea deal, a defendant admits guilt to a crime. This admission can have long-term consequences, particularly regarding employment or housing opportunities.
• Criminal record. A plea deal results in a criminal record, which can impact many aspects of a defendant’s life, from job prospects to voting rights.
• Risk of coercion. There's a risk that defendants, especially those without competent legal representation, may feel pressured into accepting a plea deal that isn't in their best interest.

Deciding whether to accept a plea deal is a weighty decision, and it's important to gather all necessary information and legal advice from your criminal defense lawyer before proceeding.

Here are a few factors to consider:

• Legal advice. Always consult with a knowledgeable defense attorney who can provide insight based on your specific circumstances.
• Evidence. Consider the strength of the prosecution's evidence. A compelling situation might sway you towards accepting a plea deal.
• Potential penalties. Understand the potential penalties you face if convicted at trial versus the terms of the plea deal.

FAQs About Criminal Defense in Hays County

What Should I Do if I'm Arrested in Hays County?

If you find yourself arrested in Hays County, the first step is to remain calm and cooperative with law enforcement while you seek immediate legal counsel. Contacting The Law Offices of David C. Hardaway ensures you get the prompt guidance you need. Exercise your right to remain silent until you have spoken to a defense attorney. Avoid discussing details of your situation with anyone but your criminal defense lawyer, to protect your rights and your defense strategy.

How Can Poor Police Conduct Affect My Defense?

Improper conduct by police officers during an arrest or investigation, such as failing to read Miranda rights or conducting unlawful searches, can significantly bolster your defense. Such procedural errors and rights violations may result in suppressed evidence or even dismissal. The Law Offices of David C. Hardaway carefully reviews all arrest details to identify these critical issues, which our criminal lawyers can use to challenge the prosecution's position and potentially mitigate charges.

What Is an Expunction & How Can It Help Me?

An expunction is a legal process that removes arrest records and charges from your public criminal history. This can be incredibly valuable for regaining opportunities in employment, housing, and other areas of life. If you've been acquitted, if charges have been dropped, or if you've met certain conditions, you may qualify for an expunction. At The Law Offices of David C. Hardaway, our Hays County criminal defense lawyer can guide clients through this intricate process to help clear their criminal records and provide the fresh start they deserve.

Get Started on Your Defense Journey in Hays County Today

At The Law Offices of David C. Hardaway, we don't just represent you; we fight for you. Our approach to criminal defense is anchored in a deep understanding of the law, tenacity, and compassion. We believe that every individual deserves a fair fight, and we champion this cause relentlessly. Our commitment to justice includes ensuring that we communicate clearly and provide compassionate service throughout the legal journey.

Schedule a free consultation with our Hays County criminal defense attorneys today by calling (512) 846-9966.