Austin Criminal Defense Law Firm: 2026 Texas Guide

Facing a criminal investigation or new charge in Austin puts your freedom, record, job, and immigration status at risk. The process moves quickly, and early decisions about talking to police, bonding out, and handling court dates can have long-lasting consequences. A calm, informed approach matters more than anything else.

Many people assume that if they are innocent, cooperative, or have "nothing to hide," the system will sort things out. In reality, statements taken out of context, social media posts, phone data, and small inconsistencies can be used to build a case. Common mistakes include talking to officers without counsel, contacting alleged victims or witnesses, and posting about the situation online.

RRK Law is an Austin criminal defense law firm that represents people facing investigations and charges in Travis County and across Central Texas.

What to do first after an arrest or criminal investigation

The most important first step is to protect your right to remain silent and your right to counsel. Under Texas and federal law, you do not have to answer questions about the incident, consent to a search, or give a written or recorded statement without first speaking to a lawyer. Politely say you want a lawyer and do not argue the facts at the scene.

Next, focus on preserving evidence that may help your defense. This can include photos or videos from the scene, contact information for witnesses, text messages, GPS data, receipts, and medical records. Save digital information in multiple places and avoid deleting anything, even if you think it looks bad, because destruction of evidence can itself create legal problems.

Finally, get professional help as soon as you can. That means contacting a criminal defense lawyer, gathering your charging documents (complaint, information, or indictment), and writing down your memory of what happened while it is still fresh. Avoid discussing the facts of the case with friends, family, cellmates, or on social media, because those statements can be used against you.

Why criminal defense cases are different from civil cases

Criminal cases in Texas are brought by the State, not by private individuals, and the prosecutor has the power to decide what charges to file and whether to dismiss them. The standard of proof is "beyond a reasonable doubt," which is higher than the "preponderance of the evidence" standard used in most civil lawsuits. This higher standard affects how evidence is evaluated, what strategies are effective, and how risk is assessed.

The range of consequences is also different. In a civil case, the primary risk is financial, like a damages judgment. In a criminal case, you may face jail or prison time, community supervision (probation), fines, license suspensions, sex offender registration, firearms restrictions, and immigration effects. These collateral consequences often matter as much as the immediate sentence.

The evidence in criminal cases tends to focus on whether each element of the offense listed in the Texas Penal Code can be proved. That can include police reports, body camera footage, lab results, forensic downloads from phones or computers, expert testimony, and prior statements by the accused or witnesses. Procedural issues such as whether a stop, search, or interrogation complied with the Fourth and Fifth Amendments and with the Texas Code of Criminal Procedure can make critical evidence inadmissible.

Finally, the court process is different. Criminal cases move on a docket controlled by the trial court and the district or county attorney. There are arraignments, announcement settings, plea negotiations, pretrial motion hearings, and possibly trial. Deadlines for discovery requests, motions to suppress, and election of jury punishment can all affect how the case is defended.

Who may be charged under Texas law

Under the Texas Penal Code, a "person" includes individuals and, in some situations, corporations or associations when the offense definition permits. In most Austin criminal cases, the defendant is an individual alleged to have committed a specific offense defined in the Penal Code, such as assault, theft, DWI, or drug possession.

Liability is not limited only to the person who directly commits the act. Texas law recognizes parties to an offense, including those who aid, abet, solicit, or encourage the commission of a crime, and those who act together with a common intent. This means someone can sometimes be charged even if they did not personally carry out every step of the conduct, as long as the State can prove they intentionally assisted or promoted it.

Certain offenses create exposure for multiple people in the same incident. For example, in a drug case, the State may charge anyone it believes "possessed" a controlled substance, which can include actual possession (on your person) or "constructive possession" (having care, custody, control, or management of the substance). In a DWI scenario, by contrast, the typical defendant is only the driver, although there can be related charges for others, such as providing alcohol to a minor.

Texas law also allows for enhancement of charges based on prior convictions, weapon use, or the status of the alleged victim, such as a family or household member in family violence cases. These enhancements can significantly change the potential punishment range even when the basic offense remains the same.

Evidence that can decide a criminal case

In many Austin criminal cases, the key evidence is what law enforcement captured at the time of the event. That includes patrol car dash camera video, body camera footage, 911 call recordings, computer-aided dispatch logs, and photographs taken by officers. Timely requests for this material, and motions to enforce discovery obligations under the Texas Code of Criminal Procedure, are critical to a proper defense.

Civilian evidence can be equally important. Surveillance videos from nearby businesses, home doorbell cameras, rideshare or bar footage, and cellphone videos often tell a different story from what is described in a bare-bones police report. Locating and preserving these recordings early matters because many systems automatically overwrite data after a short period.

Digital and documentary records can make or break certain defenses. Text messages, emails, social media posts, location data, rideshare receipts, bank and credit card records, and medical or counseling records can speak to consent, identity, alibis, or state of mind. Witness statements, both from the complaining witness and from third parties, are often the centerpiece of assault or family violence cases.

In cases where important evidence is not under your control, a lawyer may send preservation letters to individuals, businesses, or agencies instructing them to retain specific records or video. While not a guarantee, documenting these requests can support later efforts to have missing evidence treated carefully by the court, especially if the State had a role in its loss or destruction.

Texas punishment ranges in criminal cases

Texas uses classified punishment ranges for misdemeanors and felonies, and knowing which range applies gives a realistic sense of what is at stake. For example, a Class B misdemeanor, which includes basic DWI, is generally punishable by up to 180 days in jail and a fine up to $2,000. A Class A misdemeanor, which includes many assault and family violence cases, can carry up to 1 year in jail and a fine up to $4,000.

Felonies are divided into state jail, third degree, second degree, first degree, and capital. A state jail felony, such as certain drug possession or theft cases, typically carries 180 days to 2 years in a state jail facility and a fine up to $10,000. A first degree felony, such as aggravated robbery or certain aggravated assaults, usually carries 5 to 99 years or life in prison and a fine up to $10,000.

Habitual offender and repeat offender provisions can increase these ranges if the State can prove qualifying prior convictions. In addition, separate statutes create license suspensions, minimum jail terms, and other mandatory conditions for offenses like DWI, family violence, and sex offenses.

Because of these frameworks, a key part of early case assessment is identifying the charged offense level, any alleged enhancements, and any mandatory minimums. This helps guide decisions about negotiating pleas, requesting jury trials, and filing motions.

Texas deadlines can waive defenses

Criminal cases in Texas are subject to statutes of limitations, which set the time limits for the State to bring charges. For most misdemeanors, the general limitation period is 2 years from the date of the commission of the offense under Texas Code of Criminal Procedure Article 12.02, but specific offenses have different periods. For example, misdemeanor assault involving family violence carries a 3-year limitation period under Texas Code of Criminal Procedure Article 12.02(b). For many felonies, the limitation period is 3, 5, 7, or 10 years, depending on the type of offense, and certain serious offenses have no limitation period at all under Texas Code of Criminal Procedure Article 12.01.

In addition to the deadline for filing charges, there are shorter, practical deadlines inside the case that can affect your defenses. For example, pretrial motions to suppress evidence, motions challenging identification procedures, and requests for certain discovery or expert assistance generally must be raised before trial and sometimes by dates set in scheduling orders. Waiting too long can result in the court treating an issue as waived.

Evidence itself is also subject to practical deadlines. Surveillance footage may be overwritten within days, 911 recordings may be purged under retention policies, and physical evidence can degrade. Early involvement of counsel improves the chances that preservation letters and requests to the State will be timely and effective.

When to call an Austin criminal defense lawyer

It is wise to talk with an Austin criminal defense lawyer as soon as you learn that you are under investigation, even before an arrest or formal charges. Police may invite you to "come in and talk," ask for consent to search your phone or home, or request a written statement. Getting legal advice before you respond helps you avoid unintentionally giving the State key evidence.

You should also contact counsel immediately after an arrest, whether for DWI, assault, drug possession, theft, or another charge. Early steps can include arranging bond, confirming your next court date, making sure protective orders are understood and followed, and requesting critical evidence such as body camera video. Waiting until just before a court setting often limits what can be done.

Changes in the case are another trigger to call a lawyer. This includes learning that the charge has been upgraded, receiving a notice of indictment, being served with a protective order, or being contacted by a detective, prosecutor, or alleged victim. Even if you already have a bond and a pending court date, new developments can change the available options.

For the Texas-specific controlled substance framework, penalty groups, and drug-case defense considerations, see our Austin drug crime lawyer guide.

RRK Law can review the facts and help decide whether the case should be defended, settled, or litigated.

What should I say to Austin police if they want to question me about a crime?

You have the right to remain silent and the right to have a lawyer present during custodial questioning. Politely tell the officer that you want to speak with an attorney before answering any questions, and then stop talking about the incident. Anything you say can be used against you later, including informal conversation. Exercising your rights cannot legally be used as evidence of guilt.

Can I be charged in Austin if I did not actually commit the crime but was present?

Yes, depending on the facts. Texas allows prosecution of "parties" to an offense, including those who aid, abet, or encourage another person in committing a crime. Mere presence at the scene is usually not enough, but presence plus actions that help or promote the offense can create criminal liability.

How long does the State have to file felony charges in Texas?

The answer depends on the type of felony. Many common felonies, such as certain theft and drug offenses, have a limitation period of 3 or 5 years from the date of the offense, while some serious offenses have longer or no limitation periods. A lawyer needs to examine the specific statute defining the offense to give a precise answer.

Will a first-time arrest in Austin automatically lead to jail time?

Not necessarily. For many first-time offenders, especially in lower-level cases, outcomes can include dismissal, diversion programs, deferred adjudication, or community supervision instead of jail. The range of options depends on the charge, the facts, any alleged victim, and local policies in Travis County.

What is the difference between a misdemeanor and a felony in Texas?

In general, misdemeanors are less serious offenses punished by up to 1 year in county jail, while felonies involve potential time in a state jail or prison and carry more severe collateral consequences. The classification of the offense controls the potential punishment range and affects things like firearm rights and repeat offender enhancements.

Can I get my Austin criminal record cleared or sealed?

Some Texas cases may qualify for an expunction, which removes records of certain arrests or charges, or an order of nondisclosure, which seals certain criminal history from public view. Eligibility depends on the type of charge, the outcome of the case, and any prior criminal history, so a detailed review is necessary.

What happens if I miss a court date in my Austin criminal case?

Missing a court date can result in a warrant being issued for your arrest and possible additional charges such as failure to appear or bail jumping. It can also make it harder to obtain favorable bond terms in the future. Contacting a lawyer quickly after a missed setting often helps in addressing the warrant and explaining the circumstances to the court.

Do I have to let Austin police search my car or phone?

You generally have the right to refuse consent to search your car, home, or phone unless officers have a warrant or another recognized exception applies. Politely stating that you do not consent to a search preserves your rights. Whether any later search is lawful is a legal question that a court may need to decide after a motion to suppress.