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 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. 

With a reputation for delivering high-quality legal services, our attorneys 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 the table in every criminal case we handle.

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

Types of 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 case is too complex or too challenging for us. 

Our team of dedicated Hays County lawyers handle 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 

On What Grounds Can a Criminal Case Be Dismissed in HAYS cOUNTY, Tx?

One of the most favorable outcomes for a defendant is having their case dismissed. However, achieving a dismissal is not a simple task.

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 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 case. 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 case 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 case 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 case can be dismissed.

Hays County attorneys 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, or 
• a motion to dismiss for violation of the right to a speedy trial.

Should You Accept a Plea Deal or Go to Trial? 

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. 

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 case 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.

Get Started on Your Defense Case 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. 

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