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Criminal Defense2018-09-23T20:01:17+00:00

Criminal Defense

You are not simply a case number, you are our client, an individual with distinct needs pertaining to your case. The Hull Firm vigorously defends our clients and will do everything in our power to protect our defendants from criminal prosecution. We care about you and the outcome of your case. We are invested in your criminal defense and ensuring we explore every option to achieve an acceptable solution. We have an extensive track record or dismissals, reductions and expunged records. We are committed to providing clear communication, thoroughly explaining each step of the Texas criminal justice process to you.

The Hull Firm specializes in criminal defense – our firm is laser focused on ensuring clients are properly guided through the Texas criminal justice system through our years of direct experience in Travis County, Williamson County and Hays County.

We are located in Austin, Texas. This allows us to navigate the criminal justice system in Travis County through our strong relationships with colleagues in the district attorney’s office, courthouse employees, judges, police officers and probation officers in the county of your crime.

We are invested in protecting your future and your freedom – it’s our priority. You will always be treated as a real person with a defense tailored to your individual circumstances.

Contact us today for your criminal defense needs.

What happens when I get arrested?

This is where your criminal defense begins.  You will be taken to jail where three things will happen: booking, magistration and release.

During the booking process, an officer will take your photograph and fingerprints and will collect your information

During magistration, a judge will explain your rights, advise of your charges and set a bond. Your bond can include conditions (i.e. curfew, classes, alcohol monitoring, etc.).

Following magistration, you will be allowed to make phone calls and make arrangements to post your bond. Depending on the type of bond set by the magistrate, your bond can be posted by a bail bondsman or, in some cases, an attorney. Once your bond is posted, your release can take anywhere from two to six hours.

Criminal Defense Austin Texas

State Capitol building in Austin

What is probation like?

Upon sentencing, a probation term for a misdemeanor DWI cannot exceed two years. You will be required to complete Conditions of Probation, which could include: assessments, classes, community service and/or an alcohol monitor. Depending on your “risk level” (according to an assessment completed by the Department), you will be required to meet with your Probation Officer anywhere from multiple times a month to every three months. At your office visits you can expect your Probation Officer to verify completion of courses and overall compliance, update any changes with employment and contact and drug tests. Probation costs minimally $60.00 a month, but other costs can incur based on your Conditions of Probation.

What is the range of punishment for my charge?

Class C Misdemeanor – [Tex. Penal Code §12.23]:
• Fine not to exceed $500

Class B Misdemeanor – [Tex. Penal Code §12.22]:
• Confinement in jail for a term not to exceed 180 days
• Fine not to exceed $2,000
• Both such fine and confinement

Class A Misdemeanor – [Tex. Penal Code §12.21]:
• Confinement in jail for a term not to exceed one year
• Fine not to exceed $4,000
• Both such fine and confinement

State Jail Felony – [Tex. Penal Code §12.35 (a), (b)] :
• Confinement in a state jail for not more than two years and not less than 180 days
• In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony – [Tex. Penal Code §12.34]:
• Imprisonment in the institutional division for not more than 10 years or less than two years
• In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony – [Tex. Penal Code §12.33]:
• Imprisonment in the institutional division for not more than 20 years or less than two years
• In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony – [Tex. Penal Code §12.32]:
• Imprisonment in the institutional division for life, or
• Imprisonment in the institutional division for not more than 99
years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
• In addition to imprisonment, may receive a fine not to exceed $10,000

Capital Felony – [Tex. Penal Code Ann. §12.31]:
If the individual is found guilty and the state seeks the death penalty:
• Imprisonment in the institutional division for life without the possibility of parole, or
• Death

If the individual is found guilty and the state does not seek the death penalty:
• Imprisonment in the institutional division for life without the possibility of parole
• However, an individual under the age of 18 at the time of the offense as well as a certified juvenile are no longer eligible for life without parole.

What is SWAP?

SWAP is the Sheriff Weekend Alternative Program. If you decide to take a jail sentence as part of your plea but don’t want to serve the time in jail, you may be eligible for SWAP. For example, if you get 28 days jail as a condition of your plea, you would do 28 days SWAP. You would show up for 28 days, Fridays and Saturdays, from 7:00 am to 3:00 pm and do work at the jail.

Can I get my record expunged?

Article 55.01 of the Texas Code of Criminal Procedure sets forth the requirements for expunction. You can only have your record expunged if: You were tried for an offense and were acquitted by the trial court, or; convicted and subsequently pardoned. If the charges have been dismissed and have not resulted in a final conviction and there was no court ordered probation. If the charges have been dismissed because of completion of a pretrial intervention program such as veteran’s court, the indictment was void, or the presentation of the charges were made because of mistake, or false information or similar reason indicating absence of probable cause at the time of the dismissal. If another charge resulted from the same incident, you cannot have the charge that was dismissed expunged. For example, if you were charged with a DWI and the DWI was dismissed but the State refiled an obstruction of a highway, you cannot get the DWI dismissed. Not all charges are eligible for expunction. Contact our office to discuss whether you can get your charge expunged.  The ability to your record expunged is an important piece of your criminal defense.

How long do I have to wait to get my record expunged?

If the offense is a misdemeanor, you have to wait 1 year from the date of the dismissal. If the offense is a felony, you have to wait 3 years from the date of dismissal.

What is a petition for nondisclosure?

If you have successfully completed deferred adjudication, you may be eligible to file a petition for nondisclosure. This is also called “sealing the record”. In this case, you must wait 2 years from the date of completion of the deferred adjudication to file for the petition. If someone does a background check, they will not be able to see the charge you had “sealed”. However, government agencies can still see the charge. So if you got pulled over by a police officer and they did a criminal history check, the charge you had sealed would show. Not all offenses are eligible for nondisclosure. Contact the office today to see if you qualify.

Criminal Defense by Texas Penal Code Violation

19.02 Murder
19.03 Capital Murder
19.04 Manslaughter
19.05 & 19.07 Criminally Negligent Homicide
20.02 Unlawful Restraint
20.03 Kidnapping
20.04 Aggravated Kidnapping
20.05 Smuggling of Persons
20.06 Continuous Smuggling of Persons
20A.02 Trafficking of Persons
20A.03 Continuous Trafficking of Persons
21.02 Continuous Sexual Abuse of Young Child or Children
21.07 Public Lewdness
21.08 Indecent Exposure
21.09 Bestiality
21.11 Indecency with a Child
21.12 Improper Relationship Between Educator and Student
21.13 Evidence of Previous Sexual Conduct
21.15 Invasive Visual Recording
21.16 Unlawful Disclosure or Promotion of Intimate Visual Material
21.17 Voyeurism
21.18 Sexual Coercion
22.01 Assault
22.011 Sexual Assault
22.02 Aggravated Assault
22.021 Aggravated Sexual Assault
22.03 Deadly Assault of Law Enforcement or Corrections Officer, Member or Employee of Board of Pardons and Paroles, Court Participant, Probation Personnel, or Employee of Texas Youth Commission
22.04 Injury to a Child, Elderly Individual, or Disable Individual
22.041 Abandoning or Endangering Child
22.05 Deadly Conduct
22.06 Consent as Defense to Assaultive Conduct
22.07 Terroristic Threat
22.08 Aiding Suicide
22.09 Tampering with Consumer Product
22.10 Leaving a Child in a Vehicle
22.11 Harassment by Persons in Certain Facilities; Harassment of Public Servant
25.01 Bigamy
25.02 Prohibited Sexual Conduct
25.04 Enticing a Child
25.06 Harboring Runaway Child
25.071 Violation of Protective Order Preventing Offense Caused by Bias or Prejudice
25.072 Repeated Violation of Certain Court Orders or Conditions of Bond in Family Violence, Child Abuse or Neglect, Sexual Assault
25.10 Interference with Rights of Guardian of the Person
25.11 Continuous Violence Against the Family
28.02 Arson
28.03 Criminal Mischief
28.04 Reckless Damage or Destruction
28.08 Graffiti
29.02 Robbery
29.03 Aggravated Robbery
30.02 Burglary
30.04 Burglary of Vehicles
30.05 Criminal Trespass
30.06 Trespass by License Holder with a Concealed Handgun
30.07 Trespass by License Holder with an Openly Carried Handgun
31.03 Theft
31.04 Theft of Service
31.05 Theft of Trade Secrets
31.06 Presumption for Theft by Check or Similar Sight Order
31.07 Unauthorized Use of a Vehicle
31.11 Tampering with Identification Numbers
31.16 Organized Retail Theft
31.17 Unauthorized Acquisition or Transfer of Certain Financial Information
31.18 Cargo Theft
36.02 Bribery
36.03 Coercion of Public Servant or Voter
36.06 Obstruction or Retaliation
36.08 Gift to Public Servant by Person Subject to His Jurisdiction
36.09 Offering Gift to Public Servant
37.02 Perjury
37.03 Aggravated Perjury
37.06 Inconsistent Statements
37.08 False Report to Peace Officer, Federal Special Investigator or Law Enforcement Employee
37.081 False Report Regarding Missing Child or Missing Person
37.09 Tampering with or Fabricating Physical Evidence
37.19 Tampering with Governmental Record
37.101 Fraudulent Filing of Financing Statement
37.11 Impersonating Public Servant
37.12 False Identification as Peace Officer; Misrepresentation of Property
37.14 False Statement Regarding Child Custody Determination Made in Foreign County
38.02 Failure to Identify
38.03 Resisting Arrest, Search, or Transportation
38.04 Evading Arrest or Detention
38.05 Hindering Apprehension or Prosecution
38.06 Escape
38.07 Permitting or Facilitating Escape
38.08 Effect of Unlawful Custody
38.10 Bail Jumping and Failure to Appear
38.11 Prohibited Substances and Items in Correctional Facility
38.111 Improper Contact with Victim
38.114 Contraband in Correctional Facility
38.12 Barratry and Solicitation of Professional Employment
38.122 Falsely Holding Oneself out as a Lawyer
38.123 Unauthorized Practice of Law
38.12 Hindering Proceedings by Disorderly Conduct
38.14 Taking or Attempting to Take a Weapon from a Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer
38.15 Interference with Public Duties
38.151 Interference with Police Service Animals
38.16 Preventing Execution of Civil Process
38.17 Failure to Stop or Report Aggravated Sexual Assault of a Child
38.171 Failure to Report Felony
39.02 Abuse of Official Capacity
39.03 Official Oppression
39.04 Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody or Under Supervision
39.06 Misuse of Official Information
39.07 Failure to Comply with Immigration Detainer Request
42.01 Disorderly Conduct
42.02 Riot
42.03 Obstructing Highway or Other Passageway
42.06 False Alarm or Report
42.061 Silent or Abusive Calls to 9-1-1 Service
42.062 Interference with Emergency Request for Assistance
42.07 Harassment
42.072 Stalking
42.08 Abuse of a Corpse
42.09 Cruelty to Livestock Animals
42.091 Attack on Assistance Animal
42.092 Cruelty to Nonlivestock Animals
42.10 Dog Fighting
42.105 Cockfighting
42.11 Destruction of Flag
42.12 Discharge of Firearm in Certain Municipalities
43.02 Prostitution
43.03 Promotion of Prostitution
43.04 Aggravated Promotion of Prostitution
43.05 Compelling Prostitution
43.22 Obscene Display or Distribution
43.23 Obscenity
43.24 Sale, Distribution, or Display of Harmful Material to Minor
43.24 Sexual Performance by a Child
43.251 Employment Harmful to Children
43.26 Possession or Promotion of Child Pornography
43.261 Electronic Transmission of Certain Visual Material Depicting Minor
43.262 Possession or Promotion of Lewd Visual Material Depicting Child
46.02 Unlawful Carrying Weapons
46.03 Places Weapons Prohibited
46.035 Unlawful Carrying of Handgun by License Holder
46.04 Unlawful Possession of Firearm
46.041 Unlawful Possession of metal or Body Armor by Felon
46.05 Prohibited Weapons
46.06 Unlawful Transfer of Certain Weapons
46.07 Interstate Purchase
46.08 Hoax Bombs
46.09 Components of Explosives
46.10 Deadly Weapon in Penal Institution
46.11 Penalty if Offense committed Within Weapon-Free School Zone
46.13 Making Firearm Accessible to a Child
46.14 Firearm Smuggling
47.02 Gambling Promotion
47.04 Keeping a Gambling Place
47.06 Possession of Gambling Device, Equipment or Paraphernalia
49.02 Public Intoxication
49.031 Possession of Alcoholic Beverage in Motor Vehicle
49.04 Driving While Intoxicated
49.045 Driving While Intoxicated with Child Passenger
49.05 Flying While Intoxicated
49.06 Boating While Intoxicated
49.065 Assembling or Operating an Amusement Ride While Intoxicated
49.07 Intoxication Assault
49.09 Intoxication Manslaughter
71.02 Engaging in Organized Criminal Activity
71.021 Violation of Court Order Enjoining Organized Criminal Activity
71.022 Coercing, inducing, or Soliciting Membership in a Criminal Street Gang
71.023 Directing Activities of Criminal Street Gangs

Criminal Defense by Health and Safety Code Violations

481.112 Manufacture or Delivery of Substance in Penalty Group 1
481.1121 Manufacture or Delivery of Substance in Penalty Group 1-A
481.1122 Manufacture or Delivery of Substance in Penalty Group 1: Presence of Child
481.113 Manufacture or Delivery of Substance in Penalty Group 2 or 2-A
481.114 Manufacture or Delivery of Substance in Penalty Group 3 or 4
481.115 Possession of Substance in Penalty Group 1
481.1151 Possession of Substance in Penalty Group 1-A
481.116 Possession of Substance in Penalty Group 2
481.117 Possession of Substance in Penalty Group 3
481.118 Possession of Substance in Penalty Group 4
481.119 Manufacture, Delivery or Possession of Miscellaneous Substances
481.120 Delivery of Marihuana
481.121 Possession of Marihuana
481.122 Delivery of Controlled Substance or Marihuana to Child
481.124 Possession or Transport of Certain Chemicals with Intent to Manufacture
481.1245 Possession or Transport of Anhydrous Ammonia; Use of or Tampering with Equipment
481.125 Possession or Delivery of Drug Paraphernalia
481.133 Falsification of Drug Test Results

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