Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Sarah Edwards
Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Every day, people are arrested for crimes in Austin. Many of those arrests will result in a prosecution. If you find yourself facing charges, you will want the best lawyer to defend your rights, both in and out of court.
Forbes Advisor has put together a list of the best criminal defense lawyers in Austin to help you find the right attorney to defend you against any type of charge.
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Show Summary
- Best Criminal Defense Attorneys in Austin
- Compare Top Criminal Defense Attorneys
- What Is a Criminal Defense Lawyer?
- Understanding the Legal Process for Criminal Cases
- Expungement in Texas
- How to Choose the Best Criminal Lawyer in Austin, TX
- Austin Criminal Defense Resources
- Methodology
- Frequently Asked Questions (FAQs)
Best Criminal Defense Attorneys in Austin
Compare Top Criminal Defense Attorneys
Understanding the Legal Process for Criminal Cases
The legal process has multiple steps. While a case usually progresses through them in order, sometimes the steps happen at unusual times.
- Indictment: Not every criminal case has an indictment. When a prosecutor believes that someone has committed a crime, they might present their evidence of that crime to a grand jury. If the grand jury concurs, they approve the indictment, allowing the prosecutor to charge the defendant.
- Arrest: There are two ways you can be arrested: after a prosecutor has secured an indictment or when a police officer has probable cause to believe you have committed a crime.
- Arraignment: You must be arraigned within two days of being arrested in Texas. At the arraignment, the judge will inform you of your charges and ask you to enter a plea for each charge.
- Bail Hearing: The bail hearing will likely occur immediately after you have entered a plea for all charges. You have a right to bail in Texas unless you have been charged with capital murder, are a repeat offender or have previously violated bail.
- Trial: At the trial, both attorneys will present evidence to the judge and jury, either to prove you are guilty or to create reasonable doubt about your guilt. At the end of the trial, the jury will issue a verdict.
- Sentencing: If a jury has found you guilty of any charges, the judge determines what penalty you will incur. Any penalty issued must fall within the guidelines for sentencing for that crime as designated by the state legislature.
Resolving a Criminal Case in Texas
Few cases go through jury trials. Instead, your defense attorney will likely negotiate with the prosecutor to have the charges against you reduced or dismissed. Prosecutors have busy schedules and are usually willing to agree to lesser charges in exchange for a guilty plea.
When that occurs, the trial step is skipped and sentencing is simplified. The judge issues the sentence that both parties agreed to.
Because there is a lot of leeway in sentencing guidelines in Texas, a plea bargain can be a good deal for everyone involved. Your defense attorney might negotiate to reduce any fines, reduce jail time or allow you to enter a diversion program.
Expungement in Texas
Few things in life are as permanent as criminal records. When you are arrested, that fact becomes a part of your permanent criminal record. However, there are situations in which this information can be suppressed.
You are eligible to get information about a criminal charge expunged from your record if you were acquitted or pardoned of the crime. Additionally, if you were released without being charged or the case was dismissed, you can have that record expunged once the statute of limitations has passed. The process for expungement is complicated, and you should hire a lawyer to help you.
How to Choose the Best Criminal Lawyer in Austin, TX
This guide lists 10 of the best criminal defense lawyers in Austin. But how do you know which of them is the best lawyer to represent you? It depends on the specifics of your case. When using this guide, consider the following factors to help narrow down the best attorney for your needs.
- Federal Charges: Federal charges are filed in the district where the crime is alleged to have occurred. If you are facing federal charges in Austin, you should choose an attorney who has experience handling federal cases.
- Specific Charges: Attorneys use different approaches to fight white-collar crime charges and assault charges. Ask any potential attorney about what similar cases they have handled and what types of results they got.
- Familiarity With Local Prosecutors: Defense attorneys are usually better able to negotiate a plea deal when they know the local prosecutors and how they operate. If you are considering a plea, an attorney who has previously worked as a prosecutor in Texas is probably a better choice.
Austin Criminal Defense Resources
- Non-emergency police: 512-974-2000
- Police reports: APD Incident Reports Database
- Travis County Public Defender’s Office: 512-854-5100
- Austin Municipal Court: 512-974-4800
Methodology
To come up with the best criminal defense lawyers in Austin, TX, of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Will I lose my right to vote if I am charged with a felony in Texas?
No. Your right to vote can’t be removed just for being charged with a felony. However, if you plead guilty to a felony or are convicted of one, you will lose your right to vote until you have completed your sentence, including any probation. Typically, criminal defense lawyers attempt to negotiate felony charges down to misdemeanor charges, in part to protect your right to vote.
How long will I have to wait for a trial to begin in Texas?
Texas guarantees your right to a speedy trial. Unfortunately, the word “speedy” is not defined anywhere in the law. This means that courts must ultimately determine whether the gears of justice are moving at a reasonable pace.
While there is no official length of time that counts as speedy, Texas courts will generally evaluate whether you have waited too long after eight months. If the courts determine that the wait hasn’t been unreasonable, it could be years before your case goes to trial.
If my case has been dismissed, can the prosecutor file charges again?
That depends on whether the case was dismissed “with prejudice” or “without prejudice.” If it was dismissed with prejudice, you can never again be charged for that crime in the state of Texas (you could still be charged in another state or by federal authorities). However, if it was dismissed without prejudice, you can potentially be charged again before the statute of limitations runs out.
