Criminal Defense Attorney in San Marcos, TX

No one wants to believe that they or a loved one may need a criminal defense attorney. However, sometimes, events occur that cause individuals to need an attorney who will provide them with skilled legal representation.

Texas is well-known for having strict penalties for violent crimes such as aggravated sexual assault, child pornography, or even drug possession. Depending on the circumstances involved in the case, some Texas offenders may face life imprisonment for specific felony convictions.

In other instances, defendants convicted of offenses such as theft crimes end up with criminal records that can haunt them for the rest of their lives, impacting their ability to achieve life goals.

Due to the complexities and serious consequences associated with criminal convictions, anyone who finds themselves involved with the Texas criminal justice system must hire a skilled criminal defense attorney immediately.

Seymour & Vaughn of San Marcos, TX, is a law firm that only handles criminal defense cases and is passionately committed to helping clients have their cases dismissed or charges reduced. If you have been arrested and are now facing criminal charges, contact our Texas criminal law office immediately to schedule a free initial consultation. An experienced Texas criminal defense attorney will gladly review your criminal case and determine the proper legal strategies for your needs.

Why Do I Need to Hire a Criminal Defense Attorney if I Have Been Charged With a Crime?

Individuals charged in Texas criminal cases cannot afford not to hire an experienced criminal defense attorney. The Texas legal system can be overly complex and challenging to navigate without a trained legal professional assisting you with your criminal case.

Although many defendants initially believe they cannot afford to hire a defense attorney, they quickly realize that dealing with the legal aspects of criminal law can be overwhelming. In other instances, many people apply for a public defender to assist them. Although public defenders are trained lawyers, they often have a high caseload volume that prevents them from spending adequate time investigating and preparing their cases.

Some of the other significant reasons to hire a criminal defense attorney include:

An attorney can provide legal representation throughout the entire legal process, starting with your arraignment and going all the way through sentencing and appeals
A criminal defense attorney will professionally evaluate all the evidence the state has against you to determine the strengths and weaknesses of the case
Depending on the factor involved in the case, a criminal attorney may be able to prove there is insufficient evidence to pursue the case or that your civil rights were violated
An attorney can help you understand the charges you are facing, possible criminal penalties, and your potential legal options
Based on the evidence, a defense attorney may be able to file a motion requesting that your case be dismissed, or charges reduced
Your criminal defense attorney will act as your legal advocate and work to negotiate a favorable plea deal with the prosecuting attorney
Develop innovative legal strategies that fit your needs to obtain an outcome that is favorable to you
If necessary, provide skilled legal representation if your case goes to trial

Regardless of what criminal charges you may be facing, hiring a criminal defense attorney is always best. Contact our San Marcos criminal defense law firm today to schedule a free, confidential consultation to learn more about how we can help.

What Types of Cases Do Your San Marcos Criminal Lawyers Handle for Clients?

Criminal defense attorneys must be able to handle a broad range of legal needs for clients. Texas criminal charges can range from a misdemeanor to a first-degree felony, such as juvenile crimes, or violent crimes, such as aggravated assault or robbery.

Furthermore, criminal convictions can have severe consequences that go beyond being sentenced to jail or prison. For this reason, our San Marcos criminal defense lawyers are well-qualified to handle a variety of criminal charges, including:

Aggravated assault: Typically charged with a first or second-degree felony depending on the severity of the crime, including whether the victim sustained severe bodily injury and if a deadly weapon was involved
Domestic violence: Even being charged with domestic violence can inhibit your ability to return to your home or spend time with your children. If convicted, you could lose your right to own a firearm legally and, depending on the charges, be sentenced to a lengthy amount of time in jail or prison
Drug crimes: It is no secret that Texas has some of the strictest penalties in the nation for drug crime convictions. Even a misdemeanor drug conviction can result in those convicted being sentenced to up to one year in county jail
Juvenile crimes: Juvenile crimes that involve a high level of theft, sexual assault, or other violent offenses can still have a lifelong negative impact on minors into their adult years
Sex crimes: Texas imposes harsh penalties for individuals convicted of sex crimes, including potentially labeling them as sex offenders. Being labeled a sex offender will limit where you may work and reside and is public knowledge
Theft crimes: A theft crime conviction can result in being sentenced to a county or state jail facility, depending on the value of the stolen property. Additionally, a theft charge will impede your ability to find gainful employment and ruin your personal and professional reputation

To learn more about the types of criminal cases our defense attorneys represent, contact Seymour & Vaughn in San Marcos and ask to schedule a meeting so that we may review your case. Our criminal defense attorneys have a proven track record of assisting clients no matter what their legal needs entail.

What are Some Legal Strategies That Criminal Defense Lawyers Use to Protect Their Clients?

One of the most considerable advantages of hiring a criminal defense attorney is that they can thoroughly evaluate criminal cases and use their skills to develop legal strategies that suit the needs of their clients. It is important to remember that prosecutors must prove that defendants are guilty beyond a reasonable doubt to win a conviction.

For this reason, the criminal defense attorneys of Seymour & Vaughn strive to have charges dismissed or reduced. Some frequent legal strategies that Texas lawyers often use to defend their clients against criminal charges include:

Wrongfully Accused

One of the most common legal strategies criminal attorneys often use to defend clients against charges is that their clients have been wrongfully accused. Crimes such as sexual assault and robbery often lead to innocent individuals being wrongfully accused of criminal offenses. In many instances, witness testimonies are faulty, leading individuals to misidentify individuals, resulting in their arrest. Additionally, the police are often overzealous and quick to make an arrest without knowing all the facts.

In cases where defendants have been wrongfully accused, their criminal defense lawyer will often look for evidence that leads to reasonable doubt regarding their guilt or provides their client with a solid alibi.

Self-Defense

Texas law dictates that individuals have the legal right to protect themselves from harm when facing imminent danger. State law goes one step further and allows individuals to use deadly force under reasonable circumstances. However, obtaining evidence that supports the alleged offense is one of the most critical aspects of proving a defendant acted in self-defense. Evidence that supports a self-defense claim may include physical evidence from the scene, eyewitness testimony, and forensic evidence.

False Allegations

Unfortunately, many defendants have been falsely accused of criminal offenses. For example, often in domestic violence cases, an alleged victim will make a false allegation to exact revenge or try to gain leverage in a divorce or child custody case.

In cases where false allegations have been made against a person, a skilled criminal defense attorney can look for evidence that proves their client is not guilty of the charges they are facing. A well-trained defense attorney can draw the truth out of the individual making the allegations by presenting evidence that disputes their claims. In other cases, a defense lawyer may be able to produce evidence from others that their client was not present or has a solid alibi.

It should be noted that there are several other types of legal defenses that criminal defense lawyers often utilize to protect their clients depending on the circumstances that surround that case, which may include:

The defendant was intoxicated
The defendant is legally insane and, therefore, unable to be tried for the criminal offense
The defendant, typically a juvenile, does have the mental capability to be held accountable for the charges
The defendant’s civil or legal rights were violated, such as in cases of police entrapment

If you are facing criminal charges and would like further clarification regarding what legal defense strategies may be appropriate for your case, contact our experienced criminal lawyers to learn more.

Will My Criminal Case Have to Go to Trial?

One of the biggest fears most defendants express is their concern that their criminal cases may have to go to trial. However, most defendants are unaware that most criminal cases in San Marcos and Hays County are resolved long before they ever have the chance to go to trial. That being the case, only a small percentage of cases make it to trial.

One advantage of hiring a defense lawyer is that they can negotiate with prosecutors to have a case dismissed or charges significantly reduced. It is important to remember that before the state agrees to go to trial, it must feel sure it can win and justify spending its time and resources trying the case.

After reviewing the state’s evidence, a criminal defense lawyer can file a motion to dismiss the charges. Criminal attorneys may use the following legal grounds to try and have charges dropped which include:

The case lacks sufficient evidence: After thoroughly reviewing the evidence, the state may determine that it has insufficient evidence or that it does not meet legal standards to be used against the defendant
Violation of the defendant’s rights: Another common reason that a case may be dismissed is that the police or prosecution violated the defendant’s rights, such as not having probable cause to obtain a search warrant
Prosecutorial discretion: The state may decide that it is not willing to pursue criminal charges due to several factors, such as witness credibility or a belief that the case lacks merit

However, it should also be stated that your case will go to trial if the prosecution refuses to dismiss the charges or work out a plea deal. Our San Marcos criminal defense attorneys, have extensive experience trying cases before juries and know what it takes to get results.

What are Texas Sentencing Guidelines for Criminal Offenses?

Texas is well-known for its strict laws and the harsh penalties it imposes for those convicted of criminal offenses. Texas prosecutors often overcharge defendants to try and intimidate defendants into providing information on co-defendants or quickly pleading guilty to lesser charges.

Due to the serious consequences that can follow a conviction, anyone facing criminal charges must obtain qualified legal representation to ensure their legal rights are protected and that they are not persuaded into taking a deal that is not in their best interest.

Some examples of Texas sentencing guidelines include:

Felonies

Felony charges are reserved for severe offenses; if convicted, defendants may be sentenced to prison.

Capital felony: Capital felony charges are reserved for defendants accused of capital murder. Those convicted of Texas capital murder may be sentenced to execution. However, the case is automatically appealed to the Texas Court of Criminal Appeals
First-degree felony: Punishable by 5 to 99 years or life imprisonment. Examples of first-degree felonies include aggravated sexual assault or kidnapping or trafficking of minors under 14 years old
Second-degree felony: Punishable by two to 20 years and a fine of up to $10,000. Examples include manslaughter, indecent contact with a child, or theft of property valued at $100,000
Third-degree felony: Punishable by two to 10 years and a fine of up to $10,000. Examples include theft of a firearm or indecent exposure to a child.
State jail felony: Punishable by 180 days to two years and a fine of up to $10,000. Examples include criminally negligent homicide or possession of 4 ounces to 5 pounds of marijuana

Misdemeanors

Misdemeanors are viewed as less serious offenses, and if convicted, defendants may be sentenced to jail instead of prison.

Class A misdemeanor: Punishable by up to one year in jail and a fine up to $4,000. Examples include burglary of a vehicle or assault of a family member in a domestic violence case
Class B misdemeanor: Punishable by up to 180 days in jail and a fine up to $2,000. Examples include possession of up to four ounces of marijuana or driving while intoxicated
Class C misdemeanor: Punishable by a $500 fine. Examples include criminal trespass and public intoxication

If you want more information about Texas sentencing guidelines, contact our San Marcos law office to schedule a free consultation with one of our knowledgeable criminal defense attorneys who can answer your questions.

Does Texas Have Any Programs for First-Time Criminal Offenders?

The thought of being convicted of a crime in Texas can be frightening for first-time offenders. Even if you are charged with a first-time misdemeanor or felony, you could serve time in county jail or prison, be ordered to serve probation, and have a permanent criminal record.

Depending on the facts involved in the case, first-time offenders may be eligible for pretrial diversion. Pretrial diversion is a program commonly known as pretrial intervention (PTI) that works with the Texas criminal justice system. PTI allows first-time offenders to avoid a criminal record if they complete all program requirements successfully. Some of the cases that are eligible for PTI include:

First offense DWI
Driving while license suspended
Theft charges
Drug charges

However, acceptance into the program is not guaranteed. A special prosecutor with the state attorney’s office reviews cases where defendants may be eligible for the program. Additionally, good defense attorneys should aggressively advocate for their clients to be considered for PTI.

PTI is an excellent option to keep defendants from having a criminal conviction on their record that can impede their ability to achieve their life goals.

Qualifications for First Offender Programs

However, not all defendants qualify for first-offender programs. Some of the basic requirements include:

No prior arrests or convictions
The defendant must admit their guilt in committing the crime
Must be gainfully employed or enrolled in accredited higher learning courses
Avoid committing other crimes or using illegal substances while in the first-time offender program
Attend mandatory monthly meetings with a probation officer
Adhere to all other first-time offender program requirements

Additionally, participants in PTI must comply with other stipulations, such as completing community service, drug and alcohol counseling and testing, and mental health assessments.

To see if you may qualify to participate in a first-time offender program, contact our law office and ask to schedule a free consultation with a knowledgeable criminal defense lawyer who will review your case to determine your eligibility.

What Makes Your Criminal Defense Lawyers Different From Others?

If you or a family member are dealing with a criminal charge, you may be unsure where to turn for help with your legal needs. Numerous defense attorneys in the area claim to be able to achieve the best outcomes for those charged with criminal offenses.

Nevertheless, many San Marcos and Hays County criminal defense attorneys still lack the training and experience to help clients obtain favorable results.

Other law firms often encourage their clients to take quick plea deals that are not necessarily in their best interests. Instead, their legal staff often focuses on profits rather than obtaining results for clients. Furthermore, some criminal defense attorneys fear taking a case to trial due to their lack of experience in the courtroom.

However, the law office of Seymour & Vaughn is fearless when fighting for our clients and is always prepared to take cases to trial. Over the years, our criminal attorneys have developed solid relationships with the courts and prosecuting attorneys. Subsequently, our attorneys can often reach agreements with prosecutors that other law firms simply cannot provide to their clients.

Another aspect that sets our law firm apart is our ability to discern the best legal approach for clients. Not all criminal cases are the same, and our attorneys know when to take a proactive stance and when patience is essential to ensure our clients obtain the best outcome possible for their cases.

When you come to us for help, we take time to listen to your side of the story, review the evidence the state has against you, and address any fears or concerns you may have. Our dedicated team of legal professionals understands that worrying about a criminal case and what may happen can be overwhelming for clients and their families. For this reason, we strive to inform our clients of any progress or changes that may occur in the case so you never feel left in the dark.

Contact Seymour & Vaughn today to schedule a free initial consultation to discuss your legal needs and how we can help.

What Makes A Criminal Defense Attorney San Marcos the Right Choice

At Seymour & Vaughn, we understand that good people often make poor choices that put them in contact with the Texas criminal justice system. No one likes the idea of having a criminal case hanging over their head and dealing with the uncertainty of what may happen.

All of our criminal defense attorneys are former Texas state prosecutors with greater insight into how the criminal justice system works. We know that prosecutors often overcharge defendants or use tactics designed to scare them into taking deals that do not work in a defendant’s favor. We use this first-hand knowledge to our advantage as we formulate defense strategies to enable clients to achieve favorable results.

When you enter our law office, you are treated with the dignity and respect you deserve. We take time to listen to your side of the story and ask questions that will help us develop an innovative legal strategy to defend your case.

Our law office has the legal and financial resources needed to conduct an independent investigation to try and uncover evidence that will build and strengthen our case and convince the state to drop or reduce charges.

Our criminal defense attorneys also recognize that many individuals mistakenly believe they cannot afford to hire a highly trained legal professional. We offer flat-free representation for pre-file, pre-trial, and trial. You will never be surprised by unexpected legal fees that some attorneys demand you pay before they proceed with the case.

Additionally, our law firm works with each individual to provide flexible payment options on a case-by-case basis.

Unlike other law firms that focus on profits, our San Marcos criminal defense lawyers train their attention on obtaining results for clients. We understand that some clients’ lives and their families are on the line.

For more information about how we can help you fight criminal charges and defend your rights, freedom, and reputation, contact Seymour & Vaughn at our San Marcos law offices by calling . We will gladly schedule a free, confidential consultation to discuss your case and what we can do to assist you with your legal needs.