Round Rock Criminal Defense Lawyers

If you or someone you loved was recently taken into custody or charged with a criminal offense, you may be overwhelmed, intimidated, and unsure of what the future may hold. When your freedom is in jeopardy, it is critical to get the legal guidance and advice of our top-rated Round Rock criminal defense team at Law Office of W. Todd Ver Weire. With our legal team crafting a compelling defense strategy in your favor, you may be able to secure an acquittal or work out a plea agreement with the prosecutor.

Despite the fact that the burden of proof should be on the prosecutor to prove that you are guilty beyond a reasonable doubt, more often it is not., From the State’s perspective, the accused is presumed guilty unless proven innocent. For this reason, it is of utmost importance that you turn to a trustworthy and highly experienced criminal defender who can help you clear your name and safeguard your future. Contact our legal team to request a confidential consultation today and discuss potential defense strategies.

Differences Between Misdemeanors and Felonies in Round Rock

When you are charged with a criminal offense, arguably the most important thing to you will likely be the severity of the penalties you will face if you are found guilty. The answer to this depends entirely on the type of crime you are charged with and whether you are charged with a misdemeanor or a felony. While the primary difference between misdemeanors and felonies is the extent of time in jail or prison, sometimes the consequences of a misdemeanor can be more significant than a felony.

If you are charged with a misdemeanor offense, our criminal team may be able to get the charges against you reduced to a lesser offense or dismissed altogether. The penalties associated with misdemeanor crimes are often far less than felony convictions. For example, if you were charged with petty theft, this could be charged as a misdemeanor punishable by time in jail and fines.

However, if you are charged with a felony offense, our legal team will need to work tirelessly to get your charges dismissed, see if some type of pre-trial diversion program is available, or reduced to a misdemeanor. In some cases, we may be able to work with the prosecutor to reach a plea agreement. However, if you face felony charges, the penalties of conviction will be far greater. You could spend decades or life in prison and pay hundreds of thousands of dollars in fines, as well as other consequences, such as a loss or suspension of a professional license, or losing custody of a child.

What is a Wobbler Offense?

A wobbler offense is a crime that can be charged as a misdemeanor or a felony. Your criminal lawyer will be responsible for convincing the prosecutor that your charges should proceed as misdemeanors as opposed to felonies. Generally, several factors could have an impact on whether your charges are filed at the misdemeanor or felony level, including:

Whether a child was involved
Whether a firearm was involved
Whether anyone suffered severe bodily injury or death
Whether you have a criminal record
Whether the incident occurred near a school or playground
Whether the incident was gang-affiliated
Whether you have convictions for the same or a similar offense

If aggravating factors are present, it is more likely your charges will become felony charges. However, if we can present compelling evidence of mitigating factors, such as a mental health issue, no prior criminal history, or affidavits of non-prosecution, the state may be more willing to prosecute your case as a misdemeanor. You can learn more about the future of the charges against you when we go over your criminal defense during your initial consultation.

Common Criminal Offenses The Team at Law Office of W. Todd Ver Weire Could Assist With

Our criminal defense team is prepared to handle virtually any type of criminal offense. You need an aggressive private criminal attorney on your side who has extensive experience defending against and challenging charges similar to yours. Here are some of the most common types of cases we handle:

Theft Crimes

If you have been accused of a theft crime, your criminal defense lawyer with our firm will ensure you understand the consequences of a conviction. Typically, theft charges depend on the value of the item that was stolen.

For example, according to Texas Penal Code §32.21, if the property or services in question were less than $750 but more than $100 in value, you could be charged with a class B misdemeanor. However, if the valuation of the services or products were greater than $30,000 but less than $150,000, you could expect to be charged with a 3rd-degree felony.

DUI/DWI

One of the most common types of cases we handle is driving while intoxicated (DWI) offenses. Generally, you can be charged with a DUI if your blood alcohol concentration (BAC) levels reach or exceed .08% while you are in control of a motor vehicle of any kind under Texas Penal Code §49.04.

Violent Crimes

If you have been charged with any type of violent crime, you are going to need to trust in a knowledgeable criminal defense attorney to help you avoid the harsh penalties of a conviction. Some common violent crimes our clients have been accused of include:

Assault under Texas Penal Code §22.01
Aggravated Assault under Texas Penal Code §22.02
Deadly Conduct under Texas Penal Code §22.05
Terroristic Threat under Texas Penal Code §22.07
Aiding Suicide under Texas Penal Code §22.08
Tampering with a Consumer Product under Texas Penal Code §22.09
Leaving a Child in a Vehicle under Texas Penal Code §22.10
Harassment by Persons in Certain Facilities or Harassment of Public Servant under Texas Penal Code §22.11

Criminal Penalties You Could Face at Sentencing

Your Round Rock criminal lawyer will be responsible for ensuring you understand the possible penalties of a guilty verdict. If you are convicted of a crime, the criminal penalties could be devastating. The more severe the charges against you, the greater the penalties you will face. Some potential consequences include:

Court fines or fees
Restitution to victims
Court-ordered mental health counseling
Court-ordered anger management
Jail or prison time
Probation or parole requirements

Insight into Collateral Consequences

Our Round Rock criminal attorneys often find the accused underestimates the impact of collateral consequences. It is critical that you clear your name of the charges against you. Not only do you need to worry about the criminal penalties, but collateral fallout will ensure you continue to pay for your conviction even after you have completed your sentence. Some examples of collateral consequences could include:

Loss of firearm rights under Texas Penal Code §46.04
Loss of child custody or visitation rights
Trouble finding a job
Loss of your professional license
Difficulty finding safe housing
Being passed over for promotions
Loss of eligibility for federal student aid
Reputational damage

Defending Yourself Against Criminal Charges

You may be ready to enter a plea of “not guilty”, but before you do, we need to craft a compelling defense strategy. Your Round Rock criminal defense attorney will carefully review the evidence the state has against you and the circumstances surrounding the charges and your arrest to determine which defense strategy is most viable. When your future is in jeopardy, taking the right approach to your defense is crucial.

Start With Pre-Trial Diversion

Instead of going right to trial, Round Rock criminal defense lawyers will review the details of your case to determine whether you may qualify for pre-trial diversion. A pretrial diversion program could allow you to avoid going to trial, and qualify for a dismissal and expunction. However, not every person charged with a criminal offense will qualify for pre-trial diversion.

Williamson County has a Pre-Trial Intervention Program for any first-time offender charged with a misdemeanor. Generally, you must also be a first-time offender to qualify, for DWI charges not have an extraordinarily high BAC, or serious injuries if an assault, and fall within the acceptable range of a risk-needs assessment.

In addition to the Pre-Trial Intervention Program, Williamson County also has a Veterans Treatment Program that is open to Veteran and Active Duty Military Personnel, charged with a misdemeanor, or certain felonies. Additionally, the program generally requires and honorable discharge, or a general discharge under honorable discharge. If your discharge status is different, there is an appeal process. The VTC program can result in a dismissal and expunction, or a reduced charge.

Additionally, Williamson County has both felony and misdemeanor DWI/Drug Court Programs. While these programs will not result in the dismissal of the charges, they will result in the reduction of the charge, and lesser punishment.

Upon entry into a pretrial diversion program or treatment court, you must be prepared to fulfill the program terms. Some of the most common program requirements include:

Paying court fees
Attending mental health counseling
Abstaining from drugs or alcohol
Staying away from individuals convicted of criminal offenses
Refraining from contact with specific parties
Passing drug or alcohol tests
Meeting regularly with a probation officer
Going back to school
Finding gainful employment

Potential Defenses At Trial

If you do not qualify for pre-trial diversion for any reason, you should not lose hope. When you have a committed Round Rock criminal defense lawyer from Todd Ver Weire handling your defense, you can breathe easier. We will carefully consider how strong the state’s case against you is when considering which defenses are most likely to return a favorable outcome. Some potential defenses we could use depending on the crime you are accused of include:

Mistake of fact
You are innocent
Lack of probable cause
Unlawful search and seizure
Prosecutorial misconduct
Constitutional rights violations
Mistakes when analyzing forensic evidence
Mistakes in the chain of evidence
Law enforcement misconduct

Round Rock Criminal Defense FAQ

Our reputable Round Rock criminal defense team has extensive experience handling all types of criminal cases. We have insight into the criminal justice system that could be invaluable in handling your defense. Although criminal charges can be overwhelming, when you know what to expect, you may feel empowered and ready to take charge of your defense.

To that end, we have compiled a brief FAQ below discussing commonly asked questions about criminal charges in Round Rock below. You may have additional questions we do not cover here. If this is the case, do not hesitate to contact our office and request a free consultation today.

Can I get my criminal record expunged?

Certain types of criminal offenses may be eligible for expunction in Texas. According to the Texas Code of Criminal Procedure Section 55.02, you may be able to get your conviction expunged or sealed through a non-disclosure.

Expunction means your case will be removed from your record. It will be as if the conviction never happened. A non-disclosure is a little different. It will still remain on your criminal record, but the offenses will be blacked out from the public record. This means when you apply for job opportunities, housing, or federal student aid, you will be able to truthfully answer “no” when asked if you have ever been convicted of a crime.

However, not everyone will be eligible for expunction. Under Texas Code of Criminal Procedure Section 55.01, you can only get your record expunged if:

The charges against you were later dismissed
No criminal charges were filed
You were sentenced on a misdemeanor conviction as a juvenile
You were convicted but acquitted on appeal
You were found innocent after a conviction
The governor of Texas or the president pardoned you
You successfully entered a plea agreement
You were arrested and the prosecutor has given the OK for expungement
The grand jury issued a “no-bill” considering whether to pursue charges against you

Where will I be taken after my arrest?

If you were arrested within the city of Round Rock, you will likely be taken to the Round Rock Police Department for initial processing, and if it is an offense where possible jail or prison sentence can occur, you will be taken to the Williamson County Jail. However, if you were arrested outside of the city limits, the local police department in the area where you were arrested or potentially the Williamson County Sheriff’s Office could handle your processing.

The sooner you contact a criminal defense attorney, the better. Your Round Rock criminal lawyers may be able to help you arrange bail so you can get home to your family sooner.

Should I just plead guilty?

Ultimately, it is up to you whether you want to plead guilty to the charges against you. However, you should never plead guilty without reviewing the circumstances of your case and your potential defense options with your attorney. A guilty verdict will remain on your record indefinitely unless you qualify and are approved for expunction.

The collateral consequences of a guilty verdict may continue to follow you for the rest of your life. Do not take a guilty plea as an easy way out. Although you may be able to avoid going to trial, the fallout of a conviction on your record may not be worth it.

Get Help From Round Rock’s Strategically Aggressive Criminal Defense Team

No matter what type of criminal charge you are facing, these charges should be taken seriously. Though certain crimes may carry less severe penalties, the stigma and collateral consequences of a conviction could haunt you for the rest of your life and negatively impact your future. Do not put your freedoms in jeopardy by leaving your case in the hands of an overworked and underpaid public defender. Invest in your future.

Turn to respected Round Rock criminal defense attorney W. Todd Ver Weire to craft a powerful defense strategy. When you are ready to take control of your defense but are unsure where to begin, do not hesitate to contact our office and request a confidential case evaluation. Reach us by phone or through our secured contact form to get started as soon as today.