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Texas criminal defense articles
Plain-language answers to common questions.
- What to do after a DWI arrest in Texas
Step-by-step: what to do in the first days after a DWI arrest in Texas, including the 15-day ALR deadline, bond conditions and your first court date.
- Expunction vs. nondisclosure in Texas
Expunction and nondisclosure both help clean up a Texas criminal record, but they work differently. Learn who qualifies for each and how long to wait.
- Texas family violence charges explained
How family violence assault charges work in Texas: who counts as family, misdemeanor vs. felony, protective orders, and long-term effects.
- How long does a DWI stay on your record in Texas?
A Texas DWI conviction stays on your criminal record permanently and cannot be expunged. Some first DWIs can be sealed by nondisclosure. Here is how it works.
- Can you get a DWI expunged in Texas?
Only if the DWI did not end in a conviction or probation: a dismissal, no-bill, acquittal or completed pretrial diversion. Otherwise, a first DWI may be sealed.
- What happens at an arraignment in Dallas County?
An arraignment confirms your identity and takes your plea. In Dallas County it happens at the Frank Crowley Courts Building, and a lawyer can often waive it.
- Is possession of a vape pen a felony in Texas?
It depends on what is in it. A nicotine vape is not a felony. A THC cartridge is usually a state jail felony under 1 gram. Here is how Texas law treats each.
- Is DUI different from DWI in Texas?
Yes. In Texas, DUI is a Class C offense for drivers under 21 with any detectable alcohol. DWI is a criminal charge for intoxicated drivers of any age.
- Will I go to jail for a first DWI in Texas?
Not necessarily. A first DWI carries a 72-hour minimum if jail is imposed, but a judge can grant community supervision instead. Here is how it works.
- Can a protective order be dropped by the person who asked for it?
Not on their own. Only the court can change or end a Texas protective order. Here is how a modification works and why contact is still risky.
- What is the difference between bond conditions, an emergency protective order and a protective order in Texas?
Three different things: bond conditions, a magistrate's emergency order and a Family Code protective order. Who issues each, how long it lasts and how to change it.
- Is a first drug possession charge a felony in Texas?
It depends on the drug and the amount, not on whether it is a first offense. Under a gram of cocaine or meth is a state jail felony; small marijuana amounts are misdemeanors.
- What happens if I miss court in Dallas County?
The judge can forfeit your bond and issue a warrant, and missing court on purpose can be a new charge. What to do right away if you missed a setting.
- Can police search my car without a warrant in Texas?
Sometimes: with probable cause, with your voluntary consent, or in a few other situations. Evidence taken illegally cannot be used. What the rules are and what to say.
- Can I get probation for a first felony in Texas?
Often, yes. Judges can grant community supervision on sentences of 10 years or less except for listed offenses, and juries can recommend it with no prior felony.
- Will I lose my guns after a family violence charge in Texas?
A charge alone does not, but orders and bond conditions can. A conviction brings a 5-year Texas bar and a federal ban. Here is how each rule works.
- Is a THC vape a felony in Texas?
Usually yes. THC vape oil is Penalty Group 2, and under 1 gram is a state jail felony. What changed on July 31, 2026, and what to do if you are charged.
- How long does a protective order last in Texas?
Emergency orders: 61 to 91 days (91 to 121 with a deadly weapon) since Sept. 1, 2025. Temporary ex parte: up to 20 days. Final: up to 2 years, sometimes longer.
- What is a state jail felony in Texas?
A state jail felony is the lowest felony level in Texas: 180 days to 2 years in a state jail and a fine up to $10,000. Examples, reductions and probation.
- What happens at Lew Sterrett after an arrest?
After a Dallas County arrest: booking at the Lew Sterrett Justice Center, magistration, bond and conditions, and the first court setting at Frank Crowley.
- Can a DWI be sealed in Texas?
Some first DWIs can be sealed through an order of nondisclosure after a waiting period of 2, 3 or 5 years. A DWI conviction cannot be expunged.
- How long does the State have to indict you in Texas?
Two clocks matter: the statute of limitations (often 3 years for felonies) and Code of Criminal Procedure 32.01 for people already arrested.
- Is family violence assault a felony in Texas?
Usually a Class A misdemeanor, but a third-degree felony with a prior family violence conviction or an allegation of impeding breath (Penal Code 22.01(b)(2)).
- The first 15 days after a DWI arrest in Texas
You have 15 days to request an ALR hearing or your license suspension starts automatically. A day by day checklist for the first two weeks after a Texas DWI arrest.
- Can you refuse a breath test in Texas?
You can refuse, but refusal brings a 180-day license suspension for a first refusal, can be used as evidence, and police can seek a warrant for your blood.
- What is deferred adjudication in Texas?
Deferred adjudication lets a judge postpone a finding of guilt. If you complete it, the case is dismissed. How it works, the limits, and how it affects your record.
- Can police search your phone in Texas?
Usually not without a warrant or your consent. What Riley v. California and Texas law say about phone searches, and what to do if police ask for your phone.
- Assault vs. aggravated assault in Texas
Simple assault is usually a Class A misdemeanor. Aggravated assault, involving serious bodily injury or a deadly weapon, is usually a second-degree felony. The differences explained.
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This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.