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Common Questions

Frequently Asked Questions

20 answers to the most common Texas criminal defense questions, with statute and case citations.

Misdemeanor cases typically range $1,500-$5,000. Felonies range $5,000-$25,000+. Federal cases $10,000-$100,000+. L and L Law Group offers flat fees in writing with payment plans available.
Exercise your Fifth Amendment right to remain silent and request an attorney immediately. Do not consent to searches or discuss your case with anyone except your lawyer. Contact L and L Law Group at (214) 466-1398 — a licensed attorney answers 24/7.
Misdemeanors typically 3-9 months; felonies 6-18 months. Complex cases involving forensic evidence or multiple defendants can take longer.
Yes. Common dismissal pathways include motions to suppress (Tex. Code Crim. Proc. art. 38.23), grand jury no-bills, pre-trial diversion programs, deferred adjudication completion, and prosecutorial discretion.
Deferred adjudication under Code of Criminal Procedure art. 42A.101 is community supervision where the judge defers a finding of guilt. Successful completion results in dismissal without conviction. May qualify for non-disclosure under Gov't Code § 411.071.
Under Code of Criminal Procedure art. 55, expunction is available for acquittals, dismissals, no-bills, and pardons. Deferred adjudication cases may qualify for non-disclosure (sealing) instead.
Class B misdemeanor under Penal Code § 49.04(b): 72-hour minimum to 180 days jail, up to $2,000 fine, 90-day to 1-year license suspension, mandatory DWI education. BAC 0.15+ elevates to Class A misdemeanor.
No. Recreational marijuana remains illegal under Texas Health and Safety Code § 481.121. Hemp (under 0.3% THC) is legal under Agriculture Code Ch. 122. Limited medical cannabis is legal under the Texas Compassionate Use Program.
All courts in Collin, Dallas, Denton, Tarrant, Rockwall, Kaufman, Ellis, Johnson, and Hunt counties; plus federal courts (TXND and TXED).
Yes. Both founding partners are admitted to practice in the U.S. District Courts for the Northern and Eastern Districts of Texas (TXND and TXED).
An Administrative License Revocation hearing under Transportation Code Chapter 524 is a civil proceeding to challenge DWI license suspensions. You must request it within 15 days of arrest.
Yes. Under Transportation Code § 521.242, you can petition for an occupational license authorizing up to 12 hours of driving per day for work, school, or essential household duties.
State charges are prosecuted under Texas law in Texas courts. Federal charges are prosecuted under U.S. Code (Title 18 etc.) in federal district court, with sentencing under the U.S. Sentencing Guidelines and no parole.
Yes. Under Family Code § 54.02, juvenile courts can certify children as young as 14 (for capital, drug, or first-degree felonies) or 15 (any felony) for transfer to adult criminal court.
Yes. Federal law (18 U.S.C. § 922(g)(9)) prohibits firearm possession for life after misdemeanor domestic violence conviction. Texas law (§ 46.04(b)) prohibits possession for 5 years after release.
Politely decline and immediately contact a criminal defense attorney. Your Fifth Amendment right to remain silent and Sixth Amendment right to counsel apply even before arrest (Miranda v. Arizona, 384 U.S. 436 (1966)).
You can refuse, but refusal triggers an automatic 180-day license suspension (vs. 90 days for failing). Officers typically obtain a warrant for a forced blood draw.
Under Texas Code of Criminal Procedure Chapter 19, a grand jury is 12 citizens who decide whether probable cause exists to indict felony cases. Proceedings are secret; defense attorneys cannot attend.
No. Once charges are filed, only the prosecutor can dismiss. Victims can submit affidavits of non-prosecution but the State decides whether to proceed.
Common pre-trial dismissal grounds include motions to suppress, insufficient evidence, grand jury no-bill, pre-trial diversion completion, and prosecutorial discretion. Strategy depends on case-specific facts.

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