San Marcos Criminal Defense Attorneys

Your Defense Starts Here with Our San Marcos Legal Team

When you are charged with a crime, the stakes are high. Trust Smith & Vinson Law Firm to provide the aggressive and dedicated representation you need. Our San Marcos criminal defense attorneys are ready to stand by your side and fight for your future. Whether negotiating plea deals that minimize consequences or preparing for a formidable defense at trial, our team is dedicated to pursuing all legal avenues for your benefit.

Types of Criminal Charges Smith & Vinson Law Firm Handles

Texas classifies criminal offenses as either misdemeanors or felonies. The level is determined by the seriousness of the crime, with felonies making up the most severe offenses. Regardless of the level of charge a person is facing, they could be hit with significant penalties if found guilty. For instance, a conviction for a Class A misdemeanor can result in up to 1 year of incarceration and/or up to $4,000 in fines. A first-degree felony is punishable by a maximum of 99 years of imprisonment and/or a fine of not more than $10,000. Capital felonies can be penalized by life without parole or death. It is crucial to have a knowledgeable criminal defense attorney from San Marcos to guide you through this challenging process.

Whether you have been charged with a misdemeanor or a felony, it's important to retain legal representation right away. Building a robust defense to seek to avoid or minimize penalties takes time. Our San Marcos criminal lawyers are ready to get started on your defense and begin defending you against criminal accusations promptly.

We provide vigorous criminal defense for a range of matters, including:

• DWI and BWI: Charges for these offenses arise when a person operates a motor vehicle or boat with a blood alcohol concentration of 0.08 or higher or while normal faculties are impaired because of the consumption of alcohol and/or drugs. These cases require a nuanced understanding of Texas law and often involve challenges based on procedural errors or the validity of tests performed.
• Domestic Violence: A person may be accused of a domestic violence offense if they harm or threaten to harm a family or household member. Defense strategies include challenging the credibility of witnesses, proving self-defense, or demonstrating lack of intent.
• Violent Crimes: These offenses involve violent acts against another person, such as assault, armed robbery, battery, or murder. Our criminal attorney tactics often emphasize the lack of intent or focus on alibi evidence to challenge the prosecution's narrative.
• Theft Crimes: If a person unlawfully appropriates another's property, they could be accused of a theft crime. The level of charge and punishments levied depend on the value of the property involved in the offense. Defenses may include proving ownership confusion or intent to temporarily deprive.
• Drug Crimes: The Texas Health and Safety Code enumerates several different controlled substances offenses, including drug possession, possession of marijuana, drug manufacturing, and drug trafficking. Often, legal defense involves questioning the legality of search procedures or highlighting inconsistencies in witness testimonies.
• Sex Crimes: Sexually related offenses include, but are not limited to, prostitution, rape, possession of child pornography, and indecent exposure. They carry harsh penalties and may result in a requirement to register as a sex offender. Defense may involve contesting consent or the credibility of witnesses.
• Traffic Offenses: Although many traffic violations may result in only a fine, that does not mean they are not serious. Accusations for offenses such as speeding or driving without a license must be aggressively defended. Legal strategies may target procedural lapses or the accuracy of speed measurement devices.
• Weapons Charges: In this country, we have the right to bear arms, but many laws and regulations exist concerning that right. A person may be charged with a weapons offense if they illegally possess a firearm, unlawfully sell a gun, improperly discharge a firearm, or use a deadly weapon while committing a crime, among other conduct. Our team can address if there might be a legal misinterpretation regarding possession rights.
• Juvenile Crimes: Minors who engage in behaviors prohibited by law must still answer for the alleged offense. However, their cases are handled differently from adult criminal matters, and it is crucial to hire a defense attorney who understands the juvenile justice system. Our focus is often on rehabilitation rather than punishment and involves negotiating alternative resolutions to avoid lifelong consequences.
• Probation Violations: When a person is placed on probation, the court imposes various conditions on them. Failing to abide by these terms can result in sanctions, including revocation of probation. Our attorneys work to demonstrate compliance efforts or mitigating circumstances to reduce potential penalties.
• Parole Defense: During parole hearings, the Board will decide whether an inmate is eligible for parole. A skilled attorney can provide counsel for the hearing and work to seek a favorable vote. We emphasize the client's rehabilitation efforts and support system to advocate for early release.
• Protective Order Defense: Generally, violating the conditions of a protective order is a misdemeanor, punishable by incarceration and/or fines. An experienced San Marcos criminal defense attorney can fight to protect their client's rights. We seek to clarify misunderstandings and challenge any misrepresentations that may have led to the order.

At Smith & Vinson Law Firm, we know that every charge is serious. That is why our hardworking San Marcos criminal defense attorneys are relentless in pursuing the best possible results for our clients. We understand the complexities involved and are committed to offering strategies that reflect the unique circumstances of each case.

Steps in a San Marcos Criminal Case: From Investigation to Sentencing

A criminal case involves multiple stages, each critical to the overall process. Understanding this sequence can prepare defendants for what to expect and help shape their defense strategies accordingly.

Investigation

A criminal case begins with an investigation to determine what crime has been committed and identify a suspect. Law enforcement officials will:

• Question Witnesses: Gather statements from individuals who may have seen or heard the crime. Witness reliability and accuracy play pivotal roles in building a case.
• Record Observations: Document details of the crime scene, including any evidence that could be relevant. This process requires meticulous attention to detail to ensure no evidence is overlooked.
• Collect Physical Evidence: Gather items such as weapons, fingerprints, or other forensic evidence that may help solve the crime. Properly collected evidence may often contribute to establishing a timeline or identifying inconsistencies in statements.

Arrest

Following an investigation, a suspect may be arrested if there is probable cause to believe they committed the offense. Arrests can occur in two ways:

• At the Scene: If officers have probable cause and one of the warrant exceptions applies (e.g., the crime was committed in their presence), they can arrest the suspect immediately. Immediate arrests can sometimes lead to violations of rights if procedural guidelines are not strictly followed.
• With a Warrant: If the arrest is not made at the scene, officers must obtain an arrest warrant based on probable cause presented to a judge. Warrants require careful examination to ensure they are based on valid legal grounds.

Charges Filed

After the arrest, law enforcement officials turn the case over to a prosecuting attorney who will:

• Examine the Evidence: Review the information to ensure the arrest was lawful and evidence was legally obtained. This step is crucial for maintaining the integrity of the prosecution's case.
• Make a Decision: Depending on their findings, the prosecutor may:
  • Proceed with the charges presented.
  • File charges for lesser or greater crimes.
  • Request further investigation.
  • Reject prosecution if the evidence is insufficient. This decision-making process can significantly affect the trajectory of the legal proceedings.

Initial Appearance

If the prosecutor moves forward, the suspect (now referred to as the defendant) will have their first court hearing, known as the initial appearance, within 48 hours of the arrest. During this hearing:

• Charges and Rights: The judge will inform the defendant of the charges against them and their legal rights. It's an opportunity to clarify legal options with counsel present.
• Entering a Plea: The defendant will have the opportunity to enter a plea (guilty, not guilty, or no contest). A strategic decision, entering a plea sets the direction for future proceedings.

Pre-Trial Hearings

Several hearings may occur before the trial, including:

• Bond Hearing: A judge will decide whether the defendant can be released on bail and under what conditions. This is critical for the defendant's ability to prepare a defense while not being incarcerated.
• Suppression Hearing: The defense may challenge the legality of evidence obtained during the investigation, arguing it should be excluded from the trial. Successfully excluded evidence can weaken the prosecution's case significantly.

Discovery

During the discovery phase:

• Information Exchange: The prosecutor and defense share the evidence and information they have gathered. This transparency helps both sides prepare their arguments and defenses. Discovery is a critical stage for identifying potential weaknesses in the opposition's case.

Plea Bargain in Criminal Defense Cases

Many criminal defense cases in San Marcos are resolved through plea bargains, where:

• Negotiations: The prosecutor and defense negotiate terms, often involving the defendant pleading guilty in exchange for reduced charges or a lighter sentence. Effective negotiation can result in more favorable outcomes without the risks associated with a trial.
• Judge’s Approval: Although both sides may reach an agreement, the judge must approve the plea deal. Judicial discretion plays a role in ensuring the fairness of the plea arrangement.

Trial by Jury or Bench Trial

If the case is not resolved through a plea bargain, it proceeds to trial in San Marcos. The defendant can choose:

• Trial by Jury: A group of peers listens to the evidence and determines guilt. Jury trials involve complex proceedings where jury selection and presentation can significantly impact the outcome.
• Bench Trial: The defendant waives the right to a jury, and a judge hears the case. Bench trials may be preferred in cases requiring detailed examination of legal principles.

During the trial, both the prosecutor and defense present their evidence, and the judge or jury determines whether the defendant is guilty beyond a reasonable doubt. This stage is the culmination of extensive preparation and strategy.

Sentencing in Criminal Cases

If the defendant is found guilty, sentencing follows. The judge will consider:

• Severity of the Crime: Evaluate the nature and circumstances of the offense. Sentencing options may vary widely based on the crime's details and any mitigating or aggravating circumstances.
• Penalties: Impose appropriate penalties, which may include incarceration, fines, probation, or other sanctions. Defense teams often advocate for reduced sentences through character references or demonstrated rehabilitation efforts.

During each stage, you have the right to be represented by a criminal lawyer. We deliver sound legal advice on how to proceed throughout the process, helping avoid any missteps that could harm your case later. Our commitment is to guide our clients through the complexities of the legal system with clarity and determination.