Your Questions Answered

Misdemeanors are classified as:
● Class C (lowest, fines only)
● Class B (up to 180 days in jail and a fine not to exceed $2000)
● Class A (up to one year in jail and a fine not to exceed $4000)

Felonies are classified as:
● State Jail Felony
● Third-Degree Felony
● Second-Degree Felony
● First-Degree Felony
● Capital Felony (punishable by life imprisonment or death)

In Texas, the state has a limited time to file criminal charges, known as the statute of limitations. For most misdemeanors, the deadline is 2 years from the date of the offense. Felonies have longer time limits—some up to 10 years or more—and serious crimes like murder may have no time limit at all. Once the deadline passes, charges usually can’t be filed.

In Texas, probation is a court-ordered alternative to jail, allowing someone to stay in the community under supervision instead of serving time. Parole happens after someone has served part of a prison sentence and is released early under strict conditions. Both involve regular check-ins, rules to follow, and the risk of being sent to jail or prison if those rules are broken. The key difference: probation is part of the original sentence, while parole is early release from prison.

Yes, in Texas, you can be charged with a crime even if you didn’t mean to break the law. Some offenses, called strict liability crimes, don’t require proof of intent—just doing the act is enough. Examples include traffic violations or selling alcohol to minors. For more serious crimes like assault or theft, prosecutors usually must prove you acted on purpose.

In Texas, the time limit for prosecutors to file criminal charges depends on the type of offense. This is known as the statute of limitations. For most misdemeanors, the state has 2 years from the date of the alleged offense. Felony charges typically carry a longer time limit—ranging from 3 years to no time limit at all for the most serious crimes, such as murder or certain sexual offenses.

Following an arrest in Texas, the individual is booked—meaning their personal information, fingerprints, and charges are recorded. They will then appear before a magistrate judge, who formally presents the charges and sets bail. In felony cases, the charges may be reviewed by a grand jury, which decides whether there is enough evidence to proceed to trial. From there, the case moves through the criminal court process unless it is dismissed or resolved beforehand.

Yes, Texas law allows police to make an arrest without a warrant in specific situations. This includes when a crime is committed in the officer’s presence, or if the officer has probable cause to believe that someone has committed certain types of offenses, such as family violence or a felony. In these cases, immediate action is permitted without waiting for a judge’s approval.

If you’re arrested in Texas, you have several important constitutional rights. These include the right to remain silent, meaning you don’t have to answer questions that could incriminate you. You also have the right to an attorney, and if you can’t afford one, the court must appoint one for you. These protections are designed to ensure fair treatment and help you defend yourself against criminal charges.

Generally, police need a warrant to search your home or vehicle. However, there are exceptions under Texas and federal law. Officers may conduct a search without a warrant if you give consent, if there are exigent circumstances (such as preventing the destruction of evidence), or if something illegal is in plain view. In vehicle searches, probable cause or a lawful arrest can also justify a warrantless search.

Bail is a financial guarantee set by a judge to ensure that a defendant returns to court after being released from jail. The amount of bail depends on several factors, including the seriousness of the charges, the defendant’s criminal history, and the risk of fleeing before trial. In some cases, a judge may deny bail or allow a personal bond instead of requiring payment.

Probation is a court-ordered alternative to serving time in jail or prison. It allows a person to remain in the community under supervision and follow specific conditions. Parole, on the other hand, is the early release from prison after serving part of a sentence. A person on parole is also supervised and must meet certain conditions to avoid being sent back to prison. Both involve oversight, but they occur at different stages of the criminal justice process.

Yes, you can legally refuse a breathalyzer or field sobriety test in Texas. However, under the state’s implied consent law, doing so comes with consequences. If you refuse, your driver’s license can be automatically suspended, even if you haven’t been convicted of DWI. Refusal may also be used against you in court as evidence of possible intoxication.

Yes. Under the Sixth Amendment of the U.S. Constitution, if you’re facing criminal charges and can’t afford an attorney, you have the right to have one appointed by the court. This ensures that everyone has access to legal representation, regardless of their financial situation. In Texas, court-appointed attorneys are typically provided for felony and certain misdemeanor cases.

Yes, you have the legal right to represent yourself in a criminal case—this is known as proceeding pro se. However, it’s strongly discouraged. Criminal law is complex, and without legal training, you risk making serious mistakes that could negatively impact your case. Even experienced attorneys often hire legal counsel when facing charges themselves.

Double jeopardy is a legal protection under the Fifth Amendment that prevents you from being tried twice for the same offense after a final verdict. Once you’ve been acquitted or convicted, the government cannot prosecute you again for that exact crime. This safeguard ensures fairness and protects individuals from repeated prosecutions for the same alleged conduct.

No, you cannot be forced to testify in your own criminal trial. Under the Fifth Amendment, you have the right to remain silent and avoid self-incrimination. Choosing not to testify cannot be used as evidence of guilt, and the jury is instructed not to hold your silence against you. This is a core protection in the U.S. justice system.

If you miss a scheduled court appearance in Texas, the judge may issue a bench warrant for your arrest. This means law enforcement can take you into custody at any time. In addition, you could face additional charges, such as failure to appear, and your bond may be revoked, making it harder to get released again. It’s critical to attend all court dates or notify the court immediately if you’re unable to appear.

In Texas, the legal blood alcohol concentration (BAC) limit depends on the driver. For adults 21 and older, the limit is 0.08%. For commercial drivers, it’s lower at 0.04%. For minors under 21, Texas has a zero-tolerance policy, meaning any detectable amount of alcohol can lead to a DWI charge.

A first-time DWI offense in Texas is typically a Class B misdemeanor. Penalties can include a fine of up to $2,000, jail time of up to 180 days, and a driver’s license suspension ranging from 90 days to 1 year. Additional consequences may include mandatory DWI education classes, probation, and installation of an ignition interlock device, especially if your blood alcohol level was particularly high.

Yes. In Texas, you can be charged with Driving While Intoxicated (DWI) even if your BAC is below 0.08%, as long as the officer believes you are impaired and unable to operate a vehicle safely. Signs of impairment—such as slurred speech, erratic driving, or failed field sobriety tests—can be enough to justify a DWI arrest, regardless of your exact alcohol level.

An Administrative License Revocation (ALR) hearing is a civil proceeding separate from your criminal DWI case. It determines whether your driver’s license will be suspended following a DWI arrest—either for refusing a breath or blood test or for failing one. You must request this hearing within 15 days of your arrest, or your license will be automatically suspended. The ALR hearing gives you a chance to contest the suspension and review the evidence against you.

In Texas, a DWI conviction stays on your criminal record permanently. It cannot be removed through regular expungement and may impact your employment, insurance rates, and other aspects of your life for years to come. In limited cases, you may be eligible for a non-disclosure order, which can seal the record from public view—but not from law enforcement or certain agencies.

Yes. In Texas, you can be charged with Driving While Intoxicated (DWI) if you’re impaired by drugs—including illegal substances, prescription medications, or even over-the-counter drugs. If the substance affects your ability to operate a vehicle safely, you can face the same penalties as an alcohol-related DWI, regardless of whether the drug was legally obtained.

Driving with a suspended or revoked license in Texas is a criminal offense that can lead to serious consequences. Penalties may include fines up to $500, extended suspension of your driving privileges, and in some cases, jail time—especially if it’s a repeat offense or tied to a DWI-related suspension. Additional surcharges and court costs may also apply.

In Texas, drug possession penalties depend on the type of substance and the amount found. Possession of even small quantities can lead to misdemeanor or felony charges, with consequences ranging from fines and probation to lengthy prison sentences. More dangerous or addictive drugs—like cocaine, meth, or heroin—carry harsher penalties, especially in larger amounts. Prior convictions, possession in a drug-free zone, or intent to distribute can also increase the severity of the punishment.

No, recreational marijuana is illegal in Texas. Even possessing a small amount can result in criminal charges, including fines, jail time, and a permanent mark on your criminal record. While some cities have adopted diversion or cite-and-release policies, state law still treats marijuana possession as a criminal offense.

Drug trafficking refers to the manufacture, distribution, sale, or transportation of illegal or controlled substances. In Texas, it is a serious felony offense that carries harsh penalties, including lengthy prison sentences, hefty fines, and potential federal charges. The severity of the punishment depends on the type and quantity of the drug, as well as any prior criminal history.

Yes. In Texas, you can still face possession charges under the concept of constructive possession. This means you can be held legally responsible if drugs are found in a place you control, such as your vehicle, home, or personal belongings—even if the drugs don’t belong to you. Prosecutors must prove that you knew about the drugs and had access or control over them.

Yes. Texas offers diversion programs for eligible first-time drug offenders. These programs are designed to provide treatment and education instead of jail time. If successfully completed, they can lead to dismissal of charges and help avoid a criminal conviction. Programs vary by county and may include drug education classes, community service, counseling, and regular drug testing.

In Texas, aggravated assault is a more serious form of assault that involves either causing serious bodily injury to another person or using a deadly weapon during the offense. This can include firearms, knives, or any object used to inflict harm. Aggravated assault is typically charged as a felony, carrying severe penalties including prison time, especially if the victim is a family member, public servant, or the act occurred during another crime.

In Texas, domestic violence can be charged as either a misdemeanor or felony, depending on the severity of the incident, whether injuries occurred, and if the accused has prior offenses. Penalties may include jail or prison time, fines, protective orders, mandatory counseling, and a permanent criminal record. Repeat offenses or cases involving strangulation, weapons, or serious injury often result in felony charges with much harsher consequences.

The key difference lies in intent. Murder involves intentionally or knowingly causing someone’s death, or acting with a clear disregard for human life. Manslaughter, on the other hand, is when someone causes a death through reckless behavior without intending to kill. Both are serious felony offenses in Texas, but murder typically carries more severe penalties due to the presence of intent.

Yes. Texas law recognizes self-defense as a valid legal defense in certain situations. Under the Stand Your Ground and Castle Doctrine laws, you’re allowed to use force—sometimes even deadly force—if you reasonably believe it’s necessary to protect yourself from harm, especially in your home, vehicle, or workplace. However, the use of force must be justified based on the circumstances, and you cannot be the initial aggressor.

The main difference is the use of force or threats. Theft involves unlawfully taking someone else’s property with the intent to deprive them of it, without any confrontation. Robbery, on the other hand, occurs when someone takes property using force, intimidation, or threats of violence. Because of this added element of danger, robbery is considered a more serious crime and is typically charged as a felony.

In Texas, the penalty for shoplifting depends on the value of the stolen merchandise. If the value is under $100, it’s typically a Class C misdemeanor, punishable by a fine. As the value increases, so do the consequences—ranging from jail time for Class B or A misdemeanors to felony charges for theft over $2,500. Prior theft convictions can also elevate the charges, even for lower-value items.

In Texas, burglary occurs when someone unlawfully enters a building or habitation with the intent to commit a crime inside—most commonly theft, but it can also include assault or another felony. Actual theft doesn’t have to occur; the key factor is the intent to commit a crime at the time of entry. Burglary is a felony offense, and penalties become more severe if the building is a home or if weapons or violence are involved.