There are few things in life more daunting than knowing that our liberty may be taken from us.  Because we understand the importance of your case and how it impacts your life, at The Landeros Law Firm we take the time to provide you with personalized service every step of the way. 

From the initial consultation to final disposition of your case, you will have direct access to your attorney.  Rest assured that every option to find a favorable solution will be evaluated and conveyed to you, thereby enabling you to make informed decisions, regardless of the work that must be undertaken to do so.  Shortcuts are not an option at The Landeros Law Firm and neither is tarnishing our reputation of providing exceptional representation. 

It is important to keep in mind that the Constitutional protections apply to everyone no matter what crime a person is being charged with.  From the smallest misdemeanor to the most serious felony you have the right to:

1)      Remain silent and not make any statement at all

·         This includes before and after to arrest (except for biographical information) 

2)      Have a lawyer present to advise you before and during any questioning

3)      Demand that your interview is terminated at any time

4)    Have a lawyer appointed to you before and during questioning if you cannot afford to hire a lawyer

FELONIES

Felonies are crimes that are punishable by more than a year imprisonment depending on the severity of the alleged crime.  Certain misdemeanors can be enhanced to a felony under certain circumstances. 

MISDEMEANORS

DWI

A person commits the offense of Driving While Intoxicated if the person is intoxicated while operating a motor vehicle in a public place.  A person can be intoxicated by:

1)      Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of the two or more substances, or any other substance into the body; or

2)      Having an alcohol concentration of 0.08 or more. 

Time is of the essence if you have been charged with DWI.  Unlike most crimes, two separate proceedings are initiated once you are arrested for DWI: a civil Administrative License Revocation (ALR) proceeding and a criminal proceeding. 

1)      The ALR proceeding determines whether your license will be suspended for a period of time if the government can prove by a preponderance of the evidence (AKA more likely than not) that you were driving while intoxicated.  You have fifteen days after you are arrested to request a hearing to contest the suspension of your driver’s license).    

2)      The criminal proceeding is what determines whether you’re guilty of DWI and what your punishment will be if you are found guilty beyond a reasonable doubt. 

There are a few things that have been engrained in our minds which have created misconceptions regarding our rights. 

If you are stopped by the police because they suspect you are driving while intoxicated, you have the right:

• Not answer any questions other than to identify yourself, provide your driver’s license, proof of insurance, and vehicle’s registration
• Not submit to the performance of any obstacle courses (also known as Standard Field Sobriety Tests)
• Not submit to a breathalyzer test (There are several possible repercussions to declining to provide a breath specimen, such as: having your driver’s license suspended for a period of 180 days or more, a warrant to take your blood may possibly be obtained under certain circumstances by the police if you refuse the breathalyzer and the police can convince a magistrate that there is probable cause to believe that you are driving while intoxicated, etc.).

 EXPUNCTIONS

You may be eligible to "clean" your arrest record if your were arrested and charges were either dismissed or if you were acquitted of a crime.  An in depth consultation is necessary to determine if you qualify for an expunction.   

 JAIL RELEASE- 24/7 jail release service available. (Only in Austin area)

**The information on this website is not legal advice and you should consult an attorney before making any legal decisons.

If you need help with a criminal matter please click the link below to contact us.

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