Best Criminal Defense Attorneys in San Antonio, TX
Compare Top Criminal Attorneys
| LAWYER NAME | TX BAR ASSOCIATION STATUS | YEAR ADMITTED TO TX BAR | LAW SCHOOL ATTENDED | LEARN MORE |
|---|---|---|---|---|
| Ernest Acevedo, III | Active | 1994 | Harvard Law School | |
| Kerrisa Chelkowski | Active | 2002 | Texas Tech University School of Law | |
| Kevin L. Collins | Active | 1990 | University of Missouri – Kansas City School of Law | |
| Demetrio Duarte, Jr. | Active | 1984 | The University of Texas School of Law | |
| Donald H. Flanary, III | Active | 2004 | St. Mary’s University School of Law | |
| Gerald H. Goldstein | Active | 1968 | The University of Texas School of Law | |
| Austin Hagee | Active | 2016 | St. Mary’s University School of Law | |
| Patrick L. Hancock | Active | 1988 | South Texas College of Law Houston | |
| Joseph Hoelscher | Active | 2007 | Baylor University School of Law | |
| Jay S. Norton | Active | 1985 | St. Mary’s University School of Law |
What Is a Criminal Defense Lawyer?
A criminal defense lawyer provides legal representation, counsel and advocacy for individuals and entities accused of crimes. In ensuring that you receive a fair and just legal process, criminal defense lawyers handle various tasks, such as:
- Legal research
- Devising defense strategies
- Negotiating with prosecutors
- Representing clients in court proceedings
Facing criminal allegations can feel overwhelming and stressful. A criminal defense attorney’s role is critical in helping you navigate the judicial process and protecting your freedom and future. They will aim to secure the best possible outcome for you, which can include the dismissal of a case, acquittal, reduced charges or alternative sentencing arrangements.
Public Defender vs. Private Criminal Attorney
While both public defenders and private criminal attorneys are legal representatives for individuals accused of crimes, there are significant differences.
Public Defenders
The government appoints public defenders to represent individuals who cannot afford private legal representation. They are employed by the state and provided to the defendant at no cost. While public defenders usually have extensive experience in the criminal justice system, they are assigned cases by the courts and may have a much larger caseload than private criminal attorneys.
Private Criminal Attorneys
Private criminal attorneys are hired and paid for by their clients. They generally have more time and resources and can offer a more personalized service than a public defender.
The Right to an Attorney
The Sixth Amendment provides criminal defendants with the right to legal representation. If you meet certain financial criteria, that includes the right to a public defender in misdemeanor and felony cases.
However, individuals typically only qualify for a public defender if their charge carries the risk of a prison sentence. Therefore, if you have been charged with a minor offense, such as violating traffic laws, it is highly unlikely that you will be assigned a public defender.
Should You Represent Yourself in a Criminal Case?
Self-representation (or “pro-se” representation) is allowed in the U.S., including Texas. However, consider the potential consequences of self-representation carefully. Criminal law is complex, and the consequences of a criminal conviction can impact your entire life. You could face fines, probation, imprisonment and a permanent criminal record.
Self-representation may be appropriate in some situations, such as in minor traffic offenses. However, seeking legal counsel is crucial for protecting your rights if you have been accused of serious criminal wrongdoing. Criminal defense attorneys have the experience and legal knowledge to build a strong defense on your behalf. Hiring a skilled attorney can help you avoid the risks and challenges of self-representation and potentially avert an unfavorable outcome.
Understanding the Legal Process for Criminal Cases
Trying to understand the legal process can be confusing if you’re involved in criminal proceedings. To clarify the process, here’s an overview of a criminal case’s crucial stages:
- Arrest. The criminal legal process starts when an individual suspected of committing a crime is arrested.
- Bail. After the arrest, the defendant may be charged with a crime before a judge. The judge decides whether the defendant can be released on bail and sets the bail amount.
- Arraignment. Arraignment is a reading where the defendant is informed of the charges against them and asked to enter a plea: guilty, not guilty or no contest.
- Indictment. An indictment formally charges you with a crime. A grand jury must show sufficient evidence to proceed to trial for an indictment to be issued.
- Pre-Trial Hearings. Hearings typically involve the defense, prosecution and judge. During pre-trial hearings, evidence may be presented and various matters addressed, including motions to suppress evidence, change of venue or considerations regarding jury selection.
- Trial. At trial, the prosecution presents evidence for the alleged crime, which the defense can counter. A judge or jury will then determine the defendant’s guilt or innocence. If found guilty, the case proceeds to sentencing.
- Sentencing. At sentencing, the defendant is informed of their punishment for committing a crime, which may include fines, imprisonment and other penalties.
Resolving a Criminal Case in Texas
Resolving a criminal case in Texas can involve several key aspects, including:
Plea Bargains
Criminal cases are often resolved with a plea bargain instead of going to trial. Plea bargains allow you to negotiate with the prosecution. For example, in exchange for a guilty plea, you could receive a shorter sentence, probation or may even have the charges dropped entirely.
Probation vs Parole
Probation may be offered as an alternative to imprisonment, provided the individual fulfills certain conditions. Parole, on the other hand, is an early release that only comes into play once the individual has served some of their prison sentence.
There is no average time someone will spend in prison before becoming eligible for parole, as granting parole depends on the specifics of the case, the person’s criminal history and other factors. Some convicted criminals may never become eligible for parole, including those sentenced to death or to life imprisonment without parole.
Sentencing Guidelines in Texas
| Offense | Maximum Punishment |
|---|---|
| Capital Felony | Execution |
| First Degree Felony | Five to 99 years or life in prison and up to $10,000 fine |
| Second Degree Felony | Two to 20 years in prison and up to $10,000 fine |
| Third Degree Felony | Two to 10 years in prison and up to $10,000 fine |
| Class A Misdemeanor | One year in prison and up to $4,000 fine |
| Class B Misdemeanor | 180 days in prison and up to $2,000 fine |
| Class C Misdemeanor | $500 fine |
In Texas, sentencing guidelines for certain offenses, especially felonies, can be strict. For example, the “three strikes” law demands that a repeat offender with two prior felony convictions be punished much more harshly, including with life imprisonment.
Expungement in Texas
In Texas, expungement is a legal process allowing individuals to either clear their criminal records or seal them from the public, including employers, landlords and others. There are two ways that could allow you to expunge your criminal records in Texas:
- Expunction: Expunction is the complete removal of your criminal records.
- Non-Disclosure: Non-disclosure seals your criminal record, making it inaccessible to the public.
Expungement can help individuals get their lives back on track and remove barriers to employment, housing and education. However, not all criminal records are eligible for expungement, and the process can be complicated. If you want to have your criminal record expunged, consult an experienced criminal defense attorney who can determine your eligibility and walk you through the process.
How to Choose the Best Criminal Lawyer in San Antonio, Texas
Being accused of criminal wrongdoing can be stressful and upsetting. An excellent criminal defense attorney takes some of the weight off your shoulders, protects your rights and advocates on your behalf. But how do you go about choosing the best attorney for you?
Here are some essential qualities to look for in a criminal lawyer:
- Experience. Make sure the lawyer you choose has a track record of successful cases, including acquittals or not guilty verdicts, which can be a strong indicator of their trial experience.
- Reputation: Consider the attorney’s reputation among peers in the legal community and past clients. Online reviews can provide valuable insights into the attorney’s success rate and professionalism.
- Specialization: Select an attorney who only handles criminal defense cases. They will know and understand the nuances and intricacies of criminal law and can fight powerfully for your rights. You may want to further narrow your search to a criminal defense lawyer who focuses on the sort of crime you’re charged with—a DUI attorney or white-collar crimes lawyer may be a bad choice if you’re accused of arson, for example.
- Transparent Fees: Knowing upfront what your attorney charges is crucial to avoid unexpected bills later. An excellent criminal defense attorney in San Antonio will be transparent about their charges, ensuring you know what to expect.
Consider scheduling initial consultations with a handful of lawyers so you can meet them personally to assess who matches best with your personality and requirements.
San Antonio Criminal Defense Resources
Here are some links and resources that can be useful if you or a loved one has been charged with a crime:
- San Antonio Municipal Court
- Bexar County Website: Links to courts and other resources in the county
- Bexar County District Clerk: Allows you to view your criminal record
- Obtaining San Antonio Police Records
- Bexar County Juvenile Probation
- San Antonio Legal Aid
- Bexar County Family Justice Center: Resources for families involved in domestic disputes
Methodology
To come up with the criminal defense lawyers in San Antonio of 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Do I need a lawyer if I’m charged with a misdemeanor in San Antonio?
You may be able to represent yourself for a minor offense, such as a misdemeanor. That said, be careful not to underestimate a criminal charge. Even if you are not facing jail time, you could end up with a permanent criminal record, which can have detrimental consequences on your future life.
An experienced San Antonio criminal defense attorney can argue your case effectively and may be able to reduce your charge or dismiss the case against you entirely.
What should I do if I’m falsely accused of a crime?
If you believe that someone falsely accused you of a crime, it is generally best to consult a criminal defense attorney. They can prove your innocence and protect you from a wrongful conviction and its potential consequences. An experienced attorney can ensure that the truth prevails and your reputation remains untarnished.
How much does a San Antonio criminal defense lawyer charge?
There is no one-size-fits-all answer to how much criminal defense lawyers charge. Attorney’s fees can vary depending on:
-
- The seriousness of your criminal charge
- The complexity of your case
- The attorney’s expertise
- Whether your case goes to trial
Some attorneys use a flat-fee option, which provides you with the security of knowing exactly how much to pay. Other criminal defense attorneys charge by the hour, which can amount to several hundred dollars per hour. Before hiring an attorney for your case, ensure to discuss fees so you can make an informed decision.
