San Marcos Criminal Defense Lawyer

Your case will be at 712 S. Stagecoach Trail — the Hays County Government Center in San Marcos. Class C citations go to San Marcos Municipal Court or the JP courts. Class A and B misdemeanors are on the second floor in Courts at Law No. 1, 2, and 3. Felonies are on the third floor in the 22nd, 207th, 274th, 428th, or 453rd District Courts. DA Kelly Higgins’s office handles all of it. we appear in all of those courts and in the surrounding counties — Caldwell and Guadalupe included.

If you got a DWI anywhere in Hays County — San Marcos, Kyle, Buda, on IH-35, anywhere — you have 15 days from the arrest to request an ALR hearing with the Texas DPS. Miss that deadline and your license gets suspended automatically, no hearing, no appeal. we file that request the day you hire us. Call 737-937-5786 immediately — not tomorrow, today.

Yes — and we’ve secured Over 930 dismissals or rejected cases since 2021 across Central Texas, including in Hays County. Most drug and DWI cases start with a stop on IH-35, US-290, or FM-150. If that stop wasn’t legally justified, we file a Fourth Amendment suppression motion under Texas Code of Criminal Procedure Chapter 38 — and when the evidence gets suppressed, the prosecution usually folds. Assault cases are different — those turn on credibility and early intervention before the DA’s office builds its narrative. Call me the same day. The window before charges are filed is your best window.

No — deferred adjudication doesn’t exist for DWI in Texas. That option is completely off the table by statute. A DWI conviction is permanent the second it enters — it can’t be sealed, can’t be nondisclosed, and can be used to enhance your sentence on a future charge years from now. The only way to protect your record on a DWI is dismissal or acquittal, followed by expungement. That’s why we fight every DWI case for dismissal, not just a better plea.

Much more serious than Travis County. Austin has cite-and-release and diversion programs that Hays County simply doesn’t offer — especially on Penalty Group 1 charges. IH-35 through Hays County is an active interdiction route. DPS and the Sheriff run regular enforcement specifically to catch drug trafficking. If you picked up a drug charge on that stretch, you need someone who knows how this particular DA’s office handles these cases — not someone who primarily practices in Austin.

we handle cases throughout Hays County — San Marcos, Kyle, Buda, Wimberley, Dripping Springs, and the smaller communities. I also appear in Caldwell County for cases in Lockhart and Luling, Guadalupe County for Seguin, and Comal County for New Braunfels. If you got arrested on IH-35 anywhere between Austin and San Antonio and you’re not sure which county your case is in, call me at 737-937-5786 — we’re available around the clock.

Yes — until we expunge it. A dismissal doesn’t wipe the arrest from background checks automatically. The arrest stays visible until a court issues a formal expunction order under Texas Chapter 55. Most people assume a dismissal means the record goes away. It doesn’t. we check expungement eligibility on every case we close and handle the entire filing if you qualify.

Say this out loud: ‘we’re invoking my right to remain silent. we want an attorney.’ Then stop talking. Don’t explain yourself to the officer. Don’t consent to any search. Don’t call the other party in an assault case. Write down everything you remember about the stop while it’s still clear. Then call me at 737-937-5786 — we’re available 24 hours a day and we start working your case the same day.

Hire someone who actually shows up in Hays County courts — not someone who lists San Marcos on their website but drives in from Austin twice a year. You want a lawyer who knows DA Kelly Higgins’s office, knows how the five District Court judges operate, and knows the rhythm of misdemeanor court in the Courts at Law. On a DWI case, local ALR hearing experience matters a lot. we’ve practiced in Hays County courts for over 20 years. Call 737-937-5786 and ask us directly about our record here.

Much more serious than Travis County. Austin has cite-and-release and diversion programs that Hays County doesn’t offer. Here, PG 1 possession under 1 gram — cocaine, heroin, fentanyl, meth — is a state jail felony: 180 days to 2 years. And that THC vape cartridge? That’s PG 2, not marijuana — it’s treated as a felony for any detectable amount under 1 gram. Most of these cases start with a traffic stop on IH-35. The first question I ask is whether that stop was legal — because that’s where most of these cases get won or lost.

Both Kyle and Buda are in Hays County — so your Class A or B misdemeanor or felony will be handled at the Government Center at 712 S. Stagecoach Trail in San Marcos. Class C matters like traffic tickets or public intox might go to Kyle Municipal Court at 111 N. Front Street, Buda Municipal Court at 405 E. Loop Street, or the JP Precinct 2 court in Kyle at 5458 FM 2770. we handle cases from Kyle, Buda, and every other city in Hays County. Call 737-937-5786 and I’ll confirm exactly where your case was filed.

If your DWI was dismissed or you were acquitted at trial, yes — you can petition for expungement under Texas Chapter 55. That order requires every agency to destroy the record: courts, DPS, police departments, private background check companies. But if you were convicted, there’s no path to sealing it. No deferred, no nondisclosure — a DWI conviction in Texas is permanent. That’s exactly why we fight every DWI for dismissal rather than settling for a plea. If your DWI was dismissed and you haven’t filed for expungement yet, call 737-937-5786. That eligibility window doesn’t stay open forever.