Criminal Law

Criminal Law

Representation for Felonies and Misdemeanor Cases

A person arrested or charged with a crime in Texas faces a complex criminal justice system. 

Some crimes are classified as felonies, such as murder, burglary, arson, drug distribution of controlled substances, most sex crimes (rape, solicitation of a minor over the internet, child pornography), grand larceny, or a third arrest for drunk driving.  Punishments for felony convictions range from probation to lengthy jail terms. Other consequences may include loss of voting rights, difficulties in finding employment, the loss of right to carry firearms, etc.

A crime may also be classified as a misdemeanor under Texas law. Although misdemeanors usually result in lesser penalties than felonies, they are still serious crimes that may lead to life-changing consequences, including loss of employment, loss of driving privileges, and loss of residency status for non-US citizens. 

Our criminal defense team is well positioned and experienced to assist clients in resolving both felony and misdemeanor cases.  In some cases, the best strategy may be to strongly challenge the prosecutor’s case so as to obtain a dismissal or probation for the client.  In other cases, our team may determine that it is in the client’s best interests to take the case to trial.  In all cases, our problems-solving criminal defense team will thoroughly investigate, review, and analyze all facts and evidence to ensure that the client makes the best decision under the circumstances.

Traffic Tickets/Traffic Warrants

In most cases, disobedience of Texas traffic laws will result in issuance of a traffic ticket by a law enforcement officer.  Although most people will resolve the case by simply paying the traffic fine, such resolution is not a “problem-solving” approach since it may create other problems in future.  Paying the traffic fine usually results in a conviction on the defendant’s record and this may lead to increases in automobile insurance premiums and/or suspension of driving privileges.  Moreover, ignoring a traffic ticket will result in an arrest warrant being issued.  Whether you have a traffic ticket or a traffic warrant, our problem-solving layers will assist you in taking care of the situation in a manner that will have the least effect on your life.

Driving Under Influence (DUI)/Driving While Intoxicated (DWI)

Under the Texas drunk-driving statutes, a number of standardized field tests and scientific test are used to determine if a motorist’s blood/alcohol content is over the legal limit. In determining whether someone is guilty of drunk-driving, Texas courts consider: the arresting officer's observations at the time of offense; Field Sobriety Tests (FSTs); and results of the Intoxilyzer test administered to the defendant. The Intoxilyzer machine is used to determine a person’s blood alcohol content (BAC). In Texas, a BAC of .08% or higher is deemed to be illegal if driving and will likely result in a DWI conviction.  It should, however, be noted that even a low BAC may result in drunk-driving conviction for persons under the age of 21.

An arrest for drunk-driving in Texas will almost always lead to suspension of the defendant’s driver’s license.  However, the defendant will have a chance to challenge such suspension at an administrative hearing.  Our problem-solving criminal defense team assists clients in both the driver’s license suspension hearing and the drunk-driving criminal case.   

Driving With License Suspended (DWLS)

In Texas, it is against the law to drive after your driver's license has been suspended or revoked. Even if your license was suspended or revoked by another State, you may still be charged with a crime if you drive in Texas.  A charge of Driving With License Suspended (DWLS) is usually a misdemeanor which may lead to monetary fine, revocation of driving privileges, and/or jail time. 

In most cases, if your license is suspended or revoked for any reason, Menes Law Firm attorneys will be able to petition the court to grant you an order for an Occupational Driver’s License (ODL). This is a restricted license which will authorize you to drive for limited times and purposes such as getting to and from work, going to the doctor, dropping of and picking up children from school or daycare, etc.  We will also take necessary actions to cure the problems that resulted in suspension or revocation of driver’s license.

Criminal Records (Expunging or Sealing Criminal Records)

If you were charged with a crime in Texas and the case was later dropped or dismissed, you will still have a criminal record.  Such record may prevent you from obtaining the type of employment or apartment you desire.  You must, therefore, take necessary steps to expunge or seal your criminal records to enable you return to a normal life.  If the case was completely dismissed or dropped by the police or District Attorney, then our problem-solving criminal defense team will file a petition with the court to expunge your record so that your entire criminal file is shredded or destroyed.  When the record is expunged, it will be as if you were never charged! 

If on the other hand you pled the case and received deferred adjudication probation, and completed all the conditions imposed on you by the Court, then we will assist you in sealing your records by filing a non-disclosure petition with the court.  This process will lead to a court order ensuring that your record is no longer available to be viewed by employers, educational institutions, apartment companies, and the general public.  Thus, a general background check will not reveal a criminal record that has been expunged or sealed through non-disclosure procedure. Contact us today to discuss how we can help you.