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FAQ

  • Criminal Defense

    • Three things: Contact a criminal defense lawyer in your county and then call a bail bondsman to see about getting your friend or family member released.

      Tell your friend or family member not to answer any questions about the incident and to ask for a lawyer, which should stop any police questioning.

    • Instead of waiting out the resolution of your case in jail, bail allows you to be released if you put up a financial deposit as a promise to appear in court.

      Typically, people accused of a crime hire a bail bondsman. The bondsman will pay the county the entire bail amount in exchange for you paying the bondsman 10% of the bond.

      For example, a typical aggravated assault bond in Comal County is $30,000. You can pay that amount to the county to get released, and the bail bondsman will refund it to you after your case is over.

      Or you can pay a bail bondsman a non-refundable fee of $3000 (10% of the bail amount) in exchange for them posting the entire amount.

    • Yes, you must appear at your court settings. It is a condition of your bond that you appear in court and on time. If you fail to appear in court, your bond can be revoked.
    • A judge can impose restrictions on your life as a condition for being released. The conditions can include drug-testing, no contact with the alleged victim, or the case of DWI, requiring you to install an ignition interlock device in your car.
    • No. In Texas, the judge will typically instruct you not to say anything except whether you understand your rights and are hiring a lawyer or need a court-appointed attorney.
    • Deferred adjudication is a particular type of probation. The court places you on deferred adjudication for a certain amount of time. If you complete the term without getting in trouble, the State dismisses the charges, and you will not have a conviction on your record. However, suppose you commit another crime or violate the conditions of the deferred adjudication. In that case, you are found guilty, and the judge can assess any punishment in the statutory range of the crime.
    • Yes. I typically require half the fee to be paid up front, and clients can pay the balance over time.
    • Yes.

    • In Texas, a person who completes straight probation is not eligible for expunction or non-disclosure. Furthermore, one cannot erase other final criminal convictions from a criminal record.

      For example, a DWI conviction can never be expunged or sealed. If the court gave you as your punishment time served in jail or a prison sentence, you have a final conviction that cannot be sealed or expunged.

    • In common usage, a juvenile may mean 16 years old and younger, 18 years old and younger, or 21 years old and younger. However, a juvenile is ten to sixteen years old under Texas law. An adult is seventeen and older. Sealing of records governs clearing offenses that occurred as a juvenile. Expunction and non-disclosure are the two main mechanisms to clear a crime that happened as an adult.

    • In short, post bond, interview lawyers, go to court, stay out of trouble, assess the evidence, stay determined and be patient.

      Read More About this in Our Library

    • These articles will help you understand the Texas criminal law process before trial.

      Learn more about Bail in New Braunfels and Central Texas

      Presentation

      After the police arrest someone for committing a crime, the police must present the person to a judicial officer within 48 hours of the arrest. This appearance is known as presentation. During the arraignment, the judicial officer will inform the person of the charges against him and his Miranda rights. Also, the judicial officer will make the initial bail determination.

  • Domestic Violence

    • While the victim’s wishes are considered, the decision to pursue charges ultimately lies with the prosecutor. They may proceed even if the victim doesn’t want to press charges.
    • While being charged doesn’t automatically result in job loss, some employers may take action based on company policies. Lance can advise you on how to handle this situation.
    • The duration varies greatly depending on the case’s complexity and whether it goes to trial. Some cases resolve in months, while others may take over a year.
    • It depends on the specifics of your case and any protective orders in place. Lance can help you understand and potentially modify any restrictions.
    • Non-citizens face additional risks, including potential deportation. It’s crucial to inform Lance about your immigration status so he can consider this in your defense strategy.
    • In some cases, especially for first-time offenders, alternative sentencing options like counseling programs may be possible. Lance will explore all available options for your case.
    • Lance will thoroughly investigate your case, looking for any evidence that supports your account, inconsistencies in the accuser’s story, or witnesses who can corroborate your version of events.
    • You must comply with the order, even if you believe it’s unwarranted. Violating the order will only get you into deeper legal trouble. Contact Lance immediately for guidance on how to respond legally.
    • Prosecutors may attempt to introduce evidence of past incidents. Lance will work to exclude any irrelevant or prejudicial evidence and context to any admissible past incidents.
    • This decision depends on the strength of the evidence, potential penalties, and your personal circumstances. Lance will provide a thorough analysis to help you make an informed choice.

  • Drug Cases

    • Generally, police need a warrant to search your property. However, there are exceptions, such as if you give consent or if evidence is in plain view. You need to assert your rights politely but firmly and contact a criminal defense lawyer right away.
    • Possession charges typically involve smaller amounts for personal use, while possession with intent to distribute involves larger quantities or other evidence suggesting plans to sell the drugs. The latter carries more severe penalties.
    • In some cases, yes. Texas law allows for expungement or sealing of records under certain circumstances. Lance Kennedy can evaluate your situation and advise on your options.
    • “Constructive possession” means you can be charged even if the drugs weren’t physically on you. However, this can be challenged in court. Lance Kennedy will work to prove you didn’t have knowledge or control of the drugs.
    • This depends on the specifics of your case. While plea bargains can sometimes result in reduced charges or sentences, they’re not always in your best interest. Lance Kennedy will carefully evaluate any offers and advise you on the best course of action.

  • DWI

    • Yes, but that refusal can lead to automatic license suspension under Texas’s implied consent laws.
    • Not necessarily. Lance can help you fight license suspension through the ALR process.
    • Potentially. Depending on the circumstances of your case, Lance may be able to negotiate for reduced charges or even dismissal.
    • In Texas, a DWI conviction typically stays on your record permanently unless you’re eligible for expungement or sealing.
    • You may be eligible for an occupational license that allows limited driving for essential purposes.
    • Out-of-state DWIs can be complex. Lance can help you navigate both Texas law and potential consequences in your home state.

  • Weapons Charges

    • In most cases, federal law prohibits individuals with felony convictions from possessing firearms. However, there are some exceptions and potential ways to restore gun rights. Consult Lance Kennedy for advice specific to your situation.
    • A weapon under disability charge typically refers to a situation where an individual legally prohibited from possessing a weapon (due to a previous conviction or other legal disability) is found in possession of one.
    • Generally, yes. Texas law allows most adults to keep a handgun in their vehicle without a license. However, exceptions exist, such as if you’re engaged in criminal activity or prohibited from possessing firearms.
    • Remain calm and follow the officer’s instructions. In Texas, you’re not required to inform an officer that you carry a weapon unless asked directly. However, you may wish to disclose this information for safety reasons.
    • It depends on the specific charges and the outcome of your case. Some weapons offenses may qualify for expungement or sealing under certain circumstances. Lance Kennedy can advise you on your options.

  • White Collar Crimes

    • In Texas, expungement for white collar crimes is possible in certain circumstances, such as if charges were dismissed or you were acquitted. Lance can advise on your eligibility and guide you through the process if applicable.
    • Investigations can last anywhere from a few months to several years, depending on the complexity of the case and the agencies involved.
    • While not always prohibited, international travel during an investigation can be risky. Speak with Lance before making any travel plans.
    • Tax avoidance involves legal methods to reduce tax liability, while tax evasion is the illegal non-payment or underpayment of taxes. The line can sometimes be blurry, which is why you need proper legal guidance.
    • No. Even if you’re innocent, you must have legal representation before speaking with investigators. The authorities could misinterpret or take your words out of context.

  • Assault Charges

    • Yes, depending on the circumstances. Our lawyers can work to negotiate reduced charges or seek dismissal if there’s insufficient evidence or procedural errors.

    • Not necessarily. When simple assault is charged as a Class C misdemeanor, the potential penalties do not include jail time. While Class B misdemeanor simple assault, Class A misdemeanor simple assault, and aggravated assault include incarceration as a potential penalty, alternatives like probation may be possible depending on the specifics of your case and your criminal history.

    • You have the right to testify in your own defense, but you also have the right to remain silent. You should make this decision carefully while consulting your attorney and considering the specifics of your case.

    • Aggravated assault charges can have serious implications for non-citizens, potentially leading to deportation. If you’re not a U.S. citizen, it’s crucial to inform your attorney so they can consider immigration consequences in your defense strategy.

    • Our firm keeps all client details related to assault cases strictly confidential. We use them only to formulate the best defense strategy possible.

  • Homicide

    • Yes. Texas law recognizes different degrees of homicide, including charges that don’t require intent to kill. These include manslaughter or criminally negligent homicide.

    • Bail is possible in some homicide cases, but it depends on various factors, including the specific charges, your criminal history, and community ties. We can advocate for reasonable bail terms.

    • Generally, you cannot expunge homicide convictions in Texas. This underlines the importance of mounting a strong defense from the start.

    • Costs vary based on the complexity of the case and other factors. Our firm offers free initial consultations to discuss your case and potential fees. We can work with your budget and offer flexible payment plans.

  • Houston DWI

    • An aggravated DWI involves certain “aggravating circumstances” that increase the severity of the offense. These include:

      • High blood alcohol concentration. A BAC of 0.15% or higher can enhance a DWI charge to an aggravated level.
      • DWI involving a child passenger. Committing DWI with a passenger under 15 years old constitutes an aggravated DWI charge.
      • DWI causing bodily injury or death. This occurs when DWI results in serious injuries (intoxication assault) or fatalities (intoxication manslaughter).
      • Prior convictions. Repeat DWI offenders can face significantly enhanced penalties, including increased fines and extended jail time.
    • No. While an aggravated DWI is not always a felony, it can elevate standard charges to a higher misdemeanor class or felony, depending on the specific aggravating factor involved.

    • If you were charged with DWI on I-610, your driver’s license may be suspended unless you request an administrative license revocation (ALR) hearing within 15 days of your arrest. ALR cases are separate civil proceedings handled by the Department of Public Safety (DPS).

      Failure to request a hearing within this timeframe can result in automatic license suspension, making it crucial to consult a knowledgeable DIW defense lawyer as soon as possible. Our lawyers can request an ALR hearing on your behalf and work tirelessly to restore your driving privileges.

    • If you were arrested for DWI, our firm can help you build a strategic defense to reduce or dismiss the charges against you. Some common legal strategies include:

      • Unlawful traffic stops. Police must have reasonable suspicion to pull you over, such as speeding or swerving. If the DWI stop was unlawful, we can challenge the evidence against you and fight for dismissed or reduced charges.
      • Lack of probable cause. Law enforcement must have probable cause to arrest you for DWI. If the officer arrested you without sufficient evidence of intoxication, we can file a motion to suppress all evidence gathered after the arrest.
      • Improper field sobriety tests. Standardized tests like the walk-and-turn or one-leg stand are frequently used to establish probable cause, but are often subjective and influenced by outside factors. We challenge the administration and accuracy of FSTs to prove they were improperly conducted or inconclusive.
      • Inaccurate chemical test results. Breath and blood tests can be inaccurate due to improper calibration or operator error. Medical conditions like diabetes and acid reflux can also mimic intoxication and cause false positives. We can identify any testing errors to dismiss inadmissible evidence from your case.
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