Author Archive

What Changed in Texas Consent Law: The Summer Willis Act and Article 38.372

September 26th, 2026 | Sexual Assault 26th, September at 8:06 PM
  • The short answer. The Legislature made two changes in 2025 that matter in almost every sexual assault case now filed in Bexar County. House Bill 3073, called the Summer Willis Act, rewrote Penal Code § 22.011(b)(6) so that an act is without consent when the actor knows the other person is intoxicated or impaired by any substance to the extent that the person is incapable of consenting. It applies only to offenses committed on or after September 1, 2025. Separately, the rape shield rule now lives in Code of Criminal Procedure article 38.372, and it is stricter than most people assume.

 

I want to start with something that is not a legal argument. Sexual assault cases are the hardest cases in this courthouse for everyone in the room. The person who made the report is describing the worst thing that ever happened to her. The person on trial is facing the loss of the rest of his life. Both of those can be true in the same case, and it is the reason the rules of proof exist at all.

What did the Summer Willis Act change?

The old version of subsection (b)(6) was about drugging. It required that the actor intentionally impaired the other person’s ability to appraise or control her conduct by administering a substance without her knowledge. The State had to prove the accused did the impairing.

The new version is about knowledge of a condition, whatever caused it.

Penal Code § 22.011(b)(6), before and after September 1, 2025

Offense date before Sept. 1, 2025 Offense date on or after Sept. 1, 2025
Without consent if the actor intentionally impaired the other person’s power to appraise or control her conduct by administering a substance without her knowledge. Without consent if the actor knows the other person is intoxicated or impaired by any substance to the extent that she is incapable of consenting.
The State proves the accused did the impairing. The State proves the accused knew her condition. Who supplied the substance does not matter.

 

That is not a technical amendment. It moves the whole case onto two questions that are usually contested and rarely documented: how impaired was she, and what did he know about it.

The same bill added two more circumstances to the list: a coach or tutor who exploits a dependency, at § 22.011(b)(13), and a hired caregiver who exploits a dependency, at (b)(14). It also added a line to subsection (c) providing that “consent” has the meaning assigned by Penal Code § 1.07.

Why the date of the alleged offense controls everything

Section 4 of the act says the change in law applies only to an offense committed on or after the effective date. September 1, 2025. An allegation about a night in 2023, indicted in 2026, is governed by the old subsection (b)(6), not the new one.

People assume the law that applies is the law in the newspaper. It is not. It is the law on the date of the conduct. In an outcry case where the date is given as a season or a school year rather than a day, that one fact can decide which version of the statute the jury is charged on. It is the first thing I look for in the indictment.

What does Article 38.372 do?

Article 38.372 governs evidence of a complainant’s past sexual behavior in prosecutions under a list of statutes that includes sexual assault, aggravated sexual assault, indecency with a child, continuous sexual abuse, indecent assault, and certain trafficking offenses.

The structure is strict and worth reading carefully.

  • Reputation and opinion evidence about a complainant’s past sexual behavior is not admissible. Not weighed, not balanced. Not admissible. Art. 38.372(c).
  • Specific instances of past sexual behavior are also inadmissible, subject to one narrow path. Art. 38.372(d).
  • That path requires the accused to file a motion, outside the jury’s presence, and obtain an in camera examination of the evidence with a court reporter present. 38.372(e)(1).
  • The court must then find the probative value outweighs the danger of unfair prejudice to the complainant, and that the evidence fits one of five categories. 38.372(e)(2).
  • The record of that examination is sealed and preserved as part of the record. 38.372(f).

The five categories are: evidence necessary to rebut or explain scientific or medical evidence the State offered; past sexual behavior with the accused offered to prove consent, where lack of consent is an element; evidence relating to the complainant’s motive or bias; evidence admissible under Texas Rule of Evidence 609; and evidence that is constitutionally required to be admitted.

What this means in a courtroom

It means the fight over this evidence happens before the jury ever hears a word of it, and it means there is no such thing as raising it in the moment. A lawyer who has not filed the motion and asked for the hearing has not preserved anything. The appellate record will show the evidence was never offered, and the point will be gone.

It also means the fifth category, evidence constitutionally required to be admitted, is where the serious work is. The Sixth Amendment right to confront the witnesses against you and the Fourteenth Amendment right to present a complete defense do not stop at a state evidentiary rule. Those arguments have to be made specifically, on this record, about this piece of evidence, with an offer of proof. Made generally, they lose.

Can someone be convicted on one person’s word?

Yes, and people are surprised by this every single time.

Article 38.07 provides that a conviction for sexual assault and certain related offenses is supportable on the uncorroborated testimony of the complainant, if she informed any person other than the accused of the alleged offense within one year. And that one-year requirement does not apply at all where the complainant was 17 or younger, 65 or older, or an adult who by reason of age or physical or mental disease, defect, or injury was substantially unable to meet her own basic needs.

So there is no rule requiring DNA. There is no rule requiring injury. There is no rule requiring a witness. When people tell me the State has no evidence, what they usually mean is that the State has no physical evidence. Those are different sentences, and only one of them is a defense.

Where these cases are actually won or lost

In my experience the real work in a consent case sits in four places. The timeline, reconstructed minute by minute from phone records, rideshare records, door access logs, and receipts, rather than from memory. The forensic interview or the SANE examination, and whether the questions asked were open or suggestive. The reports of what the complainant said in the first hours, compared word for word with what she said in the second interview and at trial. And the State’s own scientific evidence, which frequently proves contact that nobody disputes and proves nothing at all about consent.

None of that is dramatic. All of it is document work done early, before phones are traded in and before businesses overwrite their video.

A word about tone

I do not build a defense by attacking a young woman’s character. Article 38.372 mostly forecloses it, and juries in Bexar County punish it even when the rules allow it. What I do is hold the State to its proof, examine how the investigation was conducted, and insist that the person accused is a person and not a category.

If you are under investigation and no charge has been filed yet, that is the most important moment in the case and most people spend it talking to a detective. Read what to do before charges are filed .

If you want to talk about a case, call 210-663-3750 . I answer my own phone.

Related reading: sexual assault defense  and sex offender registration in Texas

How to Choose a Criminal Defense Lawyer in San Antonio

September 26th, 2026 | Criminal Defense 26th, September at 7:56 PM
  • The short answer. Check three things you can verify yourself, in this order. One, is the lawyer Board Certified in Criminal Law by the Texas Board of Legal Specialization. You can look this up free, by name, in about thirty seconds. Two, has the lawyer actually tried cases to a jury verdict in the county where your case is filed. Ask for the number and the counties. Three, will the lawyer you are paying be the lawyer standing next to you. Everything else, including price, comes after those three.

 

People search for the best criminal lawyer in San Antonio at two in the morning, usually because someone they love was arrested that afternoon. I understand the search. I want to give you something more useful than another lawyer telling you he is the answer.

Why no honest lawyer will tell you he is the best

Texas Disciplinary Rule of Professional Conduct 7.01(a) governs what a lawyer may say about his own services. A communication is misleading, in the rule’s words, if “there is a substantial likelihood that it will lead a reasonable person to formulate a specific conclusion about the lawyer or the lawyer’s services for which there is no reasonable factual foundation.” Comment 7 to that rule adds that an unsubstantiated comparison of one lawyer’s services to another’s may be misleading where it is stated specifically enough that a reasonable person would think it could be backed up.

There is no data set that ranks the criminal defense bar of Bexar County. So there is no lawyer in this city with a reasonable factual foundation for telling you he is the best one, and you should treat the claim itself as information about the person making it.

What can be substantiated is narrower and more useful: certification, experience, prior positions held, and the counties and courts where a lawyer actually appears. Ask for those. They are checkable.

What does Board Certified in Criminal Law actually require?

The Texas Board of Legal Specialization is an arm of the Supreme Court of Texas. Certification in criminal law is not a membership, a listing, or an award anyone can buy. Here is what it actually takes, which almost nobody outside the profession has ever been told.

TBLS requirements for certification in criminal law

Requirement Standard
Time in practice Licensed at least five years, with the three most recent years spent primarily in criminal law
Substantial involvement At least 25 percent of the lawyer’s time devoted to criminal law in Texas in each of the three years before applying
Trial experience Lead counsel in five state felony jury trials, or ten state misdemeanor jury trials plus five felony jury trials, or a qualifying federal or appellate equivalent
Continuing education 60 hours of approved criminal law CLE in the three years before applying
References Five, and they are not friends: four Texas criminal lawyers, prosecutors or defenders, who have tried a case with or against the applicant, plus a judge of a Texas court of record
Examination Six hours. Three essay questions in the morning, 100 multiple-choice questions in the afternoon, including ethics
Recertification Every five years, with the same 25 percent standard in each year of the period

 

Read the reference requirement again, because it is the one that matters and it is the one nobody expects. Four of the five references must be lawyers who have sat across the table from the applicant in a real trial. The prosecutors who tried to beat him get a vote on whether he is certified.

Certification is not a guarantee of anything. It is evidence, and evidence beats adjectives. When you are choosing a Board Certified Criminal Law Specialist in San Antonio or anywhere in Bexar County, you can verify the certification yourself at tbls.org before you pay anyone a retainer.

The eleven questions

Take these to every consultation, including mine.

What to ask before you hire

Question What a straight answer sounds like
Are you Board Certified in Criminal Law by TBLS? Yes and the year, or no and why the lawyer believes his experience substitutes
How many jury trials have you taken to verdict? How many in Bexar County? Two numbers, said without hesitating
Have you tried a case of this type to a verdict? A straight yes or no. “I’ve handled many” is not an answer to this question
Who will appear at my settings? You, or an associate? A name
Who will answer the phone when I call at night? A name
What is the fee, and what does it cover? A written agreement that says what is included and what is billed separately
Does the fee cover trial, or only up to trial? This is the single most common surprise. Get it in writing
What are the investigator and expert costs likely to be? A range and what triggers them
What is the range of punishment I am facing, including enhancements? A specific range with the statute named
What are the first three things you will do on my case? Concrete actions with a timeline
What is the worst realistic outcome here? An honest answer, even though it is unpleasant

 

If a lawyer will not sit still for the last question, he is going to be a problem later, when the answer matters.

What a former prosecutor knows

I spent years at the Bexar County District Attorney’s Office, including as Chief of the Criminal Trial Division and Chief of the Major Crimes Division. I am not going to pretend that makes me a better lawyer than someone who never worked there. What it gives me is specific and limited: I know how a case gets evaluated inside that building, who has authority to approve what, which weaknesses in a file the State’s own lawyers worry about, and what a chief looks at before deciding whether to try a case or resolve it.

That knowledge shortens the distance between the first phone call and a realistic conversation about where the case is going. It does not change the evidence. Nothing changes the evidence except the evidence.

Warning signs

These are the things that make me uneasy when clients describe a prior consultation.

  • A promise or a prediction of a result. No lawyer can ethically guarantee an outcome, and one who does it in the first meeting will do worse things later.
  • A fee quoted before the lawyer has asked what you are charged with, what your record is, and what county the case is in.
  • Pressure to sign today, or a discount that expires tonight.
  • Website results that are vague about the offense, the county, and the disposition. Specifics are provable. Vagueness usually is not.
  • A lawyer who has not read the probable cause affidavit but already knows the defense.
  • No written fee agreement.

Does the cheapest lawyer cost more?

Sometimes and not always, and anyone who tells you it is a universal rule is selling. Here is the honest version. A criminal case has a fixed amount of work in it that is set by the evidence, not by the fee. Records have to be obtained. Video has to be watched, all of it, in real time. Witnesses have to be found and interviewed before they move. Motions have to be researched and written and argued. If the fee does not support that work, the work does not get done, and nobody tells you which parts were skipped.

Ask what the fee buys in hours and in tasks. It is a fair question and it has a real answer.

What to bring to the consultation

  • The cause number and the name of the court, if charges have been filed
  • Any bond paperwork and any conditions of release
  • The magistrate’s order for emergency protection, if there is one
  • Any card, letter, or business card left by a detective
  • A written timeline of what happened, in your own words, kept to one page
  • Names and phone numbers of anyone who was present
  • Your criminal history as you remember it, including deferred adjudications and out-of-state matters

Do not bring your phone to the consultation expecting me to look through it, and do not delete anything on it. Deleting is its own problem.

One last thing

You are about to hand a stranger the most important decision of your life and then do what he tells you for the next year. Meet him. Listen to whether he asks you questions or talks at you. Notice whether he tells you something you did not want to hear. That last one is the tell.

If you want to have that conversation with me, call 210-663-3750 . I answer my own phone.

Related reading: what board certification means , my years at the District Attorney’s Office , and where I practice .

Can a Judge in Bexar County Deny Bail Completely? What Section 11d Changed

September 26th, 2026 | Criminal Defense 26th, September at 7:49 PM

The short answer. Yes. On November 4, 2025, Texas voters added Section 11d to Article I of the Texas Constitution. For nine listed offenses, including murder, capital murder, aggravated robbery, aggravated sexual assault, and indecency with a child, a judge must deny bail before trial if the prosecutor makes one of two showings at a hearing. Before 11d, the question at a bail setting was almost always how much. Now, in these cases, the question can be whether at all. You are entitled to a lawyer at that hearing. Tex. Const. art. I, § 11d.

For most of my career a bail hearing in Bexar County was a hearing about a number. The judge heard the charge, heard about the man’s job and his family and his ties to San Antonio, and set an amount. If the family could raise it, he went home and fought his case from his own kitchen table. If they could not, he fought it from the Bexar County Adult Detention Center.

Section 11d changed the question in a narrow set of cases. In those cases the hearing is no longer about an amount. It is about a door, and whether it stays open at all.

Which charges does Section 11d apply to?

The section is a closed list. If the accusation is not on it, 11d does not apply, and the older bail law still governs.

Offenses covered by Tex. Const. art. I, § 11d(a)

Offense Note
Murder Penal Code § 19.02
Capital murder Penal Code § 19.03
Aggravated assault Only if the accused caused serious bodily injury, or used a firearm, club, knife, or explosive weapon during the assault
Aggravated kidnapping Penal Code § 20.04
Aggravated robbery Penal Code § 29.03
Aggravated sexual assault Penal Code § 22.021
Indecency with a child Penal Code § 21.11
Trafficking of persons Penal Code § 20A.02
Continuous trafficking of persons Penal Code § 20A.03

 

Read the aggravated assault line twice. A bare aggravated assault charge is not enough. The State has to be alleging serious bodily injury or one of four named weapons. That distinction is worth fighting about at the front of a case, and most people never know it is there.

What does the State have to prove?

Two separate roads, and they do not carry the same weight. The prosecutor only has to win one.

The two showings under § 11d(b)

What the State must show                      Burden of proof
That bail is not enough to reasonably prevent the accused from willfully failing to appear in court                      Preponderance of the evidence
That bail is not enough to reasonably ensure the safety of the community, law enforcement, and the alleged victim                      Clear and convincing evidence

 

Notice the word the drafters used in subsection (b). A person to whom the section applies shall be denied bail if the State makes its showing. That is not a suggestion to the judge. Which means the whole case, for the months or years before trial, can turn on one hearing that happens in the first week.

What does the judge have to consider?

Subsection (e) lists four things: the likelihood of willful nonappearance, the nature and circumstances of the alleged offense, the safety of the community and of law enforcement and of the alleged victim, and the criminal history of the accused.

Three of those four are about what is written on the offense report. One of them, criminal history, is about a man’s whole life on paper and nothing else. Nobody in that courtroom is required to say out loud that he has worked the same job for eleven years, or that he is the person who drives his mother to dialysis, unless someone shows up to say it. That is the work.

Does the State have to put on live witnesses?

No. Subsection (d)(2) says the section does not require any testimonial evidence before the judge rules. In practice that can mean the State proceeds on an affidavit and a printout.

That cuts both ways, and this is the part I want you to understand. If the State can proceed on paper, so can we. An employer’s letter, a lease, a pay record, a treatment record, a proposed release plan with an address that is not the complainant’s address, and a specific set of conditions the judge can impose instead of a denial. Paper gathered in three days is worth more here than argument delivered in ten minutes.

What if the judge grants bail anyway?

Then subsection (c) requires two things. The judge must set bail and conditions of release that go no further than what is reasonably necessary to prevent willful nonappearance and to protect the community, law enforcement, and the alleged victim. And the judge must prepare a written order with findings of fact and a statement of the reasons for the decision.

Written findings are a gift to the accused, whatever the outcome. They create a record. A record is what an appellate court reads.

What has not changed

Section 11d(f) says a person is entitled to be represented by counsel at the hearing. Section 11d(d)(1) says the section does not limit any right you already had to contest a denial of bail or the amount of bail set. The older denial provisions in Article I, Sections 11a, 11b, and 11c are still on the books and still have their own procedures and time limits. And the presumption of innocence is untouched. A man can be held without bail and still be innocent. Those two facts live together uncomfortably, and they always have.

Why the first 48 hours matter more than they used to

Evidence is perishable. Surveillance systems overwrite themselves, usually inside of two weeks. Witnesses move. Phones get wiped and traded in. That has always been true, and it is why I have written before about the first 48 hours after a felony arrest in Bexar County .

Section 11d raises the cost of waiting. The 11d hearing happens early, and the mitigation package that might keep the door open has to be assembled before it. There is no version of this where a family calls a lawyer in week three and gets those days back.

What I do in an 11d hearing

I get the offense report and the probable cause affidavit and I read them for what is missing rather than what is there. I go after the aggravating element, because on several of these offenses the applicability of 11d depends on it. I put on the accused’s life in documents. I hand the judge a specific alternative: these conditions, this address, this monitoring, this reporting schedule, this surrender of passport. Judges deny bail when the only alternative offered is nothing.

I will not tell you that works every time. It does not. No honest lawyer will tell you otherwise. What I will tell you is that a hearing where nobody showed up for the accused is a hearing he was always going to lose.

If someone you love is in custody on one of these charges

Call me. I answer my own phone at 210-663-3750 . Bring the cause number if you have it, the name of the court, and the date of the magistration. If the setting is already on the calendar, tell me that first.

Related reading: how bail works in Texas , murder defense , and where I practice.

Mario Del Prado and the Melissa Perez Trial: Defense of SAPD Officer Eleazar Alejandro

September 26th, 2026 | Blog 26th, September at 7:37 PM

The short answer. On November 10, 2025, after a month-long trial in Bexar County, a jury acquitted three former San Antonio police officers of every charge arising from the June 2023 shooting death of Melissa Perez. Eleazar Alejandro and Alfred Flores had been charged with murder, aggravated assault and deadly conduct. Nathaniel Villalobos had been charged with aggravated assault and deadly conduct. The jury began deliberating at 1:17 p.m. and returned not-guilty verdicts roughly ninety minutes later. I represented Eleazar Alejandro.

The defense of a police officer charged with murder does not begin at closing argument. It begins the first time somebody asks whether the investigation that produced the charge was done properly.

From the pretrial hearings through the last day of trial, our defense challenged two things at once: the State’s theory of the shooting, and the police investigation that produced the prosecution in the first place. This page is an account of that, with the contemporaneous news coverage cited so that anyone can check it.

Questions about the investigation, months before trial

In May 2025, District Judge Ron Rangel ordered the San Antonio Police Department to turn over additional investigative material the defense had been seeking. I described the investigation to the San Antonio Express-News as slipshod, and told the paper:

“We think there is more that SAPD can provide because we think that a lot of the actions they took are inconsistent with their own manuals.”

That is an ordinary sentence and it carried most of the case. An agency writes its own manual. The manual states how an officer-involved shooting is to be investigated. When the investigation departs from the agency’s own written standard, that is not a defense lawyer’s opinion. It is a document, and documents can be put in front of a jury.

The federal ruling we wanted the jury to hear

By October 2025, immediately before trial, a federal judge had already reviewed the video evidence in the related civil case and dismissed it. We asked the court to let the jury consider that ruling. At the pretrial hearing on October 8, I put the argument this way:

“It would be a complete miscarriage of justice if these men were convicted after a federal judge looked at the videos and found there was reasonable action to dismiss.”

Reasonable minds differ about how much of a civil ruling belongs in front of a criminal jury, and courts draw that line carefully. The point of the argument was simpler than the evidentiary question. The same footage had already been examined by a federal judge, and that judge had not seen what the State said was there.

“They had a right”

When the trial began, the defense put the jury inside the moment rather than inside the aftermath. That is the whole of a police use-of-force defense: what did these officers know, see and perceive as it was happening, not what a room full of people learned in the eighteen months afterward.

In opening statement I told the jury the officers

“had a right not to have June 23, 2023, be the end of any of their watches.”

Melissa Perez had already thrown a heavy object at an officer. She later approached with a hammer. The defense position was that what the officers faced in those seconds was an immediate deadly threat, and that the law asks what a reasonable officer in that position perceived, not what a reviewer concludes with the freedom to stop the video.

Speaking out of both sides

As the evidence came in, a contradiction in the State’s case became available to us.

SAPD had obtained a search warrant. In the affidavit supporting it, the department itself characterized Perez’s conduct as aggravated assault on a peace officer. The State was prosecuting these officers through that same agency while distancing itself from that agency’s own contemporaneous account of the events. As I argued to the court on October 21:

“The prosecuting agency is the San Antonio Police Department … saying that it was an aggravated assault on a peace officer … the state’s speaking out of both sides of their mouth.”

The court admitted the affidavit and the search warrant with an instruction that they came in to rebut the State’s argument, not as proof of the matters asserted in them. That is the correct limit and we asked for nothing more. A jury that has been shown one sworn document from the investigating agency will read the rest of that agency’s work differently.

The investigation becomes the defense

After the State rested, the quality of the investigation was no longer a side issue. It was the case.

Bexar County had never before charged on-duty San Antonio police officers with murder. Three were charged at once. The lead investigator assigned to it had never investigated an officer-involved shooting. I told the Express-News:

“We have never in this county had on-duty San Antonio police officers charged with murder, now we have three, so who do they decide to put on the case? Someone with absolutely no experience with an officer-involved shooting.”

The defense called former homicide investigators and police practices experts who examined how the case had been built, including whether all of the relevant body-camera footage and witness information had been considered before the arrest warrants were prepared.

I want to be careful about what that kind of testimony does. It does not prove a man innocent. It asks a different question, and it is the question the burden of proof exists to ask: if the work was done this way, how confident can anyone be in what it produced?

Closing argument

On November 10, 2025, the case reached closing arguments.

I returned to the investigation and to the detective who conducted it, telling the jury that the prospect of being investigated by him

“should be the three scariest words in the English language.”

I also asked the jury to consider what the prosecution had already cost three men who had not been convicted of anything. From the morning of the shooting forward, none of them had been able to return to an ordinary life. The investigation, the charges and the prosecution had followed them for more than two years, and no verdict gives that back.

The defense case rested substantially on forensic reconstruction and on use-of-force analysis. Forensic expert Angelos Leiloglou presented a three-dimensional reconstruction of the shooting. Criminologist Dr. Ron Martinelli testified to police use-of-force standards. Of that testimony I told the jury:

“Frankly, they were not touched by either one of these prosecutors.”

That was not showmanship. In a use-of-force case the reconstruction either survives cross-examination or it does not, and a jury watches to see whether anyone lays a glove on it.

The verdict

The jury began deliberating at 1:17 p.m. on November 10, 2025. About ninety minutes later it returned its verdicts.

Former officer
Charges submitted
Verdict
Eleazar Alejandro
Murder, aggravated assault, deadly conduct
Not guilty on all counts
Alfred Flores
Murder, aggravated assault, deadly conduct
Not guilty on all counts
Nathaniel Villalobos
Aggravated assault, deadly conduct
Not guilty on all counts

After the verdict the Bexar County District Attorney’s Office said it “respects the jury’s verdict and has no further comment.” The City of San Antonio noted that the civil litigation and the departmental disciplinary process are separate from the criminal case and would continue.

A consistent defense from beginning to end

The position did not change between the first pretrial motion and the last sentence of closing argument.

Examine what the officers actually faced. Examine what they reasonably perceived in the seconds they had. Examine how the investigation was conducted, against the agency’s own written standards. And require the State to prove its case beyond a reasonable doubt, the same burden it carries in every case against every citizen.

That last one is worth saying plainly, because cases involving police officers tend to be discussed as though a different rule applies. It does not. The burden of proof is not a privilege extended to some accused people and withheld from others. Either it means the same thing in every courtroom in Bexar County or it means nothing anywhere.

About Mario Del Prado

I represented Eleazar Alejandro in this case. I have practiced criminal law in San Antonio for nearly four decades and I am a Board Certified Criminal Law Specialist, certified by the Texas Board of Legal Specialization. Before I went into criminal defense I served in senior leadership at the Bexar County District Attorney’s Office, including as Chief of the Criminal Trial Division and Chief of the Major Crimes Division.

My practice as a Bexar County criminal defense attorney is concentrated in serious felony cases, including homicide and police use-of-force matters. If you are looking for a San Antonio criminal defense lawyer, or specifically for a San Antonio murder defense lawyer, you can read more about my background and certifications or call 210-663-3750. I answer my own phone.

Assault or Aggravated Assault? How One Word Changes Your Exposure in Texas

September 21st, 2026 | Assault & Family Violence 21st, September at 7:17 PM

A fistfight outside a bar on the St. Mary’s Strip can be a Class A misdemeanor with a maximum of a year in the county jail. The same fight can be a second-degree felony carrying up to twenty years in prison. If the people involved live together, and a bottle was picked up, it can be a first-degree felony with a ceiling of life. Same night, same two people. The difference is which words the prosecutor puts on the charging instrument, and whether the defense can keep them off. I have charged these cases and I have defended them. Here is how the statute actually works, and where the fight is.

Assault: the baseline

Penal Code § 22.01(a) defines assault three ways: intentionally, knowingly, or recklessly causing bodily injury to another; intentionally or knowingly threatening another with imminent bodily injury; or intentionally or knowingly causing physical contact the person knows the other will regard as offensive. “Bodily injury” is defined in § 1.07(a)(8) as “physical pain, illness, or any impairment of physical condition.” Pain is enough. A slap that leaves no mark is bodily-injury assault if the complainant says it hurt. That is why so many assault cases rest on nothing but one person’s word.

Assault causing bodily injury is a Class A misdemeanor under § 22.01(b). The threat and offensive-contact versions are Class C — a ticket. But § 22.01 is full of escalators. Bodily-injury assault becomes a third-degree felony (two to ten years under § 12.34) if it is committed against a family or household member or dating partner and the accused has a prior family-violence conviction, or if it is committed by impeding the person’s normal breathing or circulation — the “choking” allegation that turns a misdemeanor argument into a felony in Bexar County every week.

Aggravated assault: two definitions carry all the weight

Penal Code § 22.02(a) says a person commits aggravated assault if he commits assault under § 22.01 and either causes serious bodily injury to another, or uses or exhibits a deadly weapon during the assault. Everything turns on those two phrases. “Serious bodily injury” under § 1.07(a)(46) means “bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.” A broken nose that heals is bodily injury.

A broken nose that leaves a permanent deformity is arguably serious bodily injury. A cut that needed stitches is usually bodily injury; a cut that severed a tendon is serious. The medical records decide these cases, and the defense lawyer who hasn’t read every page of them is guessing. “Deadly weapon” under § 1.07(a)(17) means a firearm or anything “manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury,” or “anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.” That second clause is the one that matters.

A beer bottle, a car, a boot, a kitchen knife, a hot pan — Texas courts have found all of them to be deadly weapons depending on how they were used. The question is not what the object is; it is whether the way it was used was capable of causing death or serious injury. “Exhibits” is broader still: a knife shown but never swung will support the charge.

The punishment ladder

Aggravated assault is a second-degree felony under § 22.02(b): two to twenty years under § 12.33. It becomes a first-degree felony — five to ninety-nine years or life under § 12.32 — in several situations, and two of them come up constantly in San Antonio: • the accused used a deadly weapon and caused serious bodily injury to a family or household member or dating partner (§ 22.02(b)(1)(A)); or • the assault was against a person the accused knew was a public servant on duty, including a police officer (§ 22.02(b)(2)(B)).

An affirmative deadly-weapon finding also has consequences that don’t show up in the sentence itself: it pushes parole eligibility out to half the sentence, and it takes straight probation away from the judge — only a jury can recommend it, and only if the sentence is ten years or less. A plea to “aggravated assault, deadly weapon” is a very different plea from “aggravated assault, serious bodily injury,” even at the same number of years, and a family evaluating an offer needs to understand that.

Where the defense goes to work Downgrading the injury.

Was it “serious” within the statutory definition, or did the prosecutor use the word because it sounded right? I have seen “serious bodily injury” charged on injuries that a treating physician, when actually asked, described as minor. The medical records and, if necessary, a defense medical expert are the tools.

Contesting the weapon.

Was the object used in a manner capable of causing death or serious bodily injury? Whose word says it was displayed at all? In a case with no injury and a claimed weapon that was never recovered, the deadly-weapon element is often the softest part of the State’s case. Self-defense and defense of others. Texas justification law is generous to a person who reasonably believed force was immediately necessary, and once the defense raises the issue, the State has to disprove it beyond a reasonable doubt. The evidence that raises it — the other person’s injuries or lack of them, who was the aggressor, threats beforehand — has to be gathered early.

The relationship allegation.

The family-violence escalators and the first-degree enhancement depend on the relationship between the parties fitting the Family Code’s definitions. That is a fact the State has to prove.

Mental state.

Recklessness supports assault; it also supports aggravated assault. But whether the accused “used” a weapon, “knew” the person was a public servant, or “intended” the contact are each elements a jury has to find.

One more thing families need to know

In Bexar County, the complaining witness does not get to drop an assault case. Once it is filed, it belongs to the State. A spouse or partner who calls the DA’s office to say “I don’t want to press charges” will be told that, and the case will proceed. What the defense does with the complainant’s changed account is a matter of strategy, not a matter of the case going away. If you or someone in your family is charged with assault or aggravated assault in San Antonio, the charging language is the first thing I want to see. Call 210-663-3750.

Frequently asked questions

What’s the penalty for aggravated assault in Texas?

It is a second-degree felony — two to twenty years in prison and up to a $10,000 fine under Penal Code §§ 22.02(b) and 12.33. It becomes a first-degree felony (five to ninety-nine years or life) in the circumstances listed in § 22.02(b), including deadly weapon plus serious bodily injury to a family or household member.

Can a fist be a deadly weapon in Texas?

Hands and feet are not deadly weapons per se, but courts have upheld deadly-weapon findings where the manner of use was capable of causing death or serious bodily injury. It is a fact question decided on the evidence in each case.

What does a “deadly weapon finding” do to a sentence?

An affirmative deadly-weapon finding delays parole eligibility and prevents the judge from granting probation; only a jury can recommend it. Whether a plea includes such a finding is one of the most important terms to negotiate.

Can an assault charge be filed based only on the complainant’s statement?

Yes. “Bodily injury” includes physical pain, and a complainant’s testimony that the contact hurt can be legally sufficient. Whether a jury believes it is another matter.

What if the alleged victim doesn’t want to prosecute?

The decision belongs to the State, not the complainant. Bexar County prosecutes family-violence cases without the complainant’s cooperation as a matter of policy. The complainant’s position still matters to how the case is defended. This post is general information about Texas law, not legal advice about any specific case. Every case turns on its own facts.

The Bexar County Grand Jury: What Happens Between Arrest and Indictment

September 14th, 2026 | Criminal Process 14th, September at 6:12 PM

A felony arrest in San Antonio is not a felony charge. That surprises people. The arrest starts the clock, but a felony case does not really exist until a grand jury says it does. The stretch of time between the two — often two to four months in Bexar County, sometimes longer — is the most underused period in criminal defense. Families spend it waiting. The State spends it building. I’d rather spend it working.

What a grand jury is

A Texas grand jury is twelve citizens, with four alternates, selected at random from the county under Article 19A.201 of the Code of Criminal Procedure. They sit for a term of months and hear case after case, usually presented by an
assistant district attorney in a closed room. There is no judge in the room. There is no defense lawyer in the room. The accused is not there unless the grand jury asks for him, and even then his lawyer waits outside.

Their job under Article 20A.051 is to inquire into offenses and decide whether there is probable cause to formally charge someone. Nine of the twelve must agree to return an indictment, which the statute calls a “true bill” (Article 20A.301). If nine do not agree, the result is a “no-bill,” and the case, at least for now, is over.

Probable cause is a low bar, much lower than proof beyond a reasonable doubt. That is why the old line about indicting a ham sandwich exists. But the line is misleading in one important respect: grand juries in Bexar County do no-bill cases, and they do it more often when the defense has given them a reason to.

What the State is doing during this window

When I supervised felony prosecutors, the grand jury presentation was where a case got its shape. The prosecutor reviews the police reports, decides what offense to charge — and at what level — and drafts the indictment. In a case with any complexity, this is also when the office decides whether to add enhancements, whether to charge one count or five, and whether the facts support the top charge or something less.

The detective’s version of events is usually the only version the grand jury hears. If nobody has told the prosecutor that the eyewitness has a motive to lie, that the “victim” sent threatening texts an hour before the fight, or that the
accused has a documented reason to have been where he was, the grand jury will not hear it either.

What the defense can do

Texas does not give the accused a right to appear before the grand jury. But nothing prevents the defense from putting information in front of the prosecutor who presents the case, and in appropriate cases from asking that the grand jury be given a written submission. I have done this from both sides of the table. As a prosecutor I read defense packets, and some of them changed my mind about what to charge. As a defense lawyer I write them.

A grand jury packet is not a plea for mercy. It is evidence: sworn statements, photographs, medical records, phone records, video, the things a detective didn’t collect because he had already decided what happened. Sometimes the
packet leads to a no-bill. More often it leads to a lesser charge, or to the prosecutor deciding that the top count won’t survive trial and offering something the family can live with. Either way, it is far easier to change a charging decision before it is made than to undo it afterward.

This is also the period for preserving evidence that disappears — surveillance video, 911 recordings, body-camera footage, the deceased’s or complainant’s social media — and for getting the accused’s own injuries photographed and documented while they still exist.

The deadlines that protect the accused

Two statutes matter here, and families should know them.

Article 17.151 of the Code of Criminal Procedure says that a person held in jail on a felony must be released on personal bond or a reduced bond if the State is not ready for trial within 90 days of the start of detention. In practice, “ready for trial” generally means indicted. If the State has not indicted by day 90, the defense can move for release.

Article 32.01 goes further: if no indictment is returned by the later of the next term of court or the 180th day after commitment or bail, the prosecution is to be dismissed and the bond discharged unless the State shows good cause. That does not bar re-indictment later, but it ends the case as it stands and puts the burden back on the State.

A person out on bond does not get the 90-day benefit, but the 180-day rule still applies. I calendar both dates on the day a client hires me.

After the indictment

Once the true bill is returned, the case is assigned to a district court, the bond conditions may be revisited, and discovery under Article 39.14 begins in earnest. If the accused is not in custody or on bond when the indictment is
returned, Article 20A.304 keeps it sealed until a capias is served — which is how people find out they have been indicted when an officer arrives at their door. That is another reason to have counsel engaged before the grand jury
meets: a lawyer can usually arrange a surrender on a pre-set bond instead of an arrest at work.

An indictment can also be attacked. Article 27.03 allows a motion to set aside an indictment when, for example, fewer than nine grand jurors concurred or an unauthorized person was present during deliberations. These motions are uncommon but not theoretical.

What to do now

If someone in your family has been arrested for a felony in Bexar County and has not yet been indicted, you are in the window. Do not wait for the indictment to hire a lawyer. Call me at 210-663-3750 and I will tell you what I think can be done in the time that’s left.

Criminal Defense Lawyer in San Antonio

The first 48 hours after a felony arrest in Bexar County

About Mario Del Prado

Where I Practice

Frequently asked questions

How many grand jurors have to agree to indict in Texas?

Nine of twelve, under Code of Criminal Procedure Article 20A.301. Nine also constitute a quorum under Article 19A.251.

Can my lawyer go into the grand jury room with me?

No. If the accused testifies — which is rare and usually unwise — counsel waits outside and the witness may step out to consult. The defense can, however, submit information to the prosecutor for the grand jury’s consideration.

What does a “no-bill” mean?

The grand jury declined to indict. The case is dismissed as it stands. The State may present the case again to a later grand jury if new evidence develops, but in practice a no-bill usually ends the matter.

How long can I be held in jail without an indictment?

For a felony, Article 17.151 requires release on personal bond or reduced bond if the State is not ready for trial within 90 days of detention, subject to listed exceptions. Article 32.01 requires dismissal if there is no indictment by the later of the next court term or 180 days, absent good cause.

Will I be notified when I’m indicted?

If you are on bond, the clerk delivers a copy of the indictment to you or your lawyer (Article 25.03). If you are not on bond or in custody, the indictment stays sealed until you are arrested on the capias — which is why having a lawyer on file matters.

How the State Builds a Murder Case in Bexar County From a Lawyer Who Used to Build Them

September 12th, 2026 | Murder & Homicide 12th, September at 9:09 PM

For four years I sat on the other side of this. As Chief of the Criminal Trial Division and then Chief of the Major Crimes Division at the Bexar County District Attorney’s Office, I supervised the prosecutors who tried this county’s homicide cases. I reviewed the files, sat in on the charging decisions, and watched how a case went from a detective’s first phone call to a jury verdict. Before that I spent thirty years defending people accused of the same crimes, and I have gone back to defending them since. If you want to know more about my background on both sides of the courtroom, read About Mario Del Prado.

So when a family calls me the week after an arrest and asks “what are they doing right now?”, I can tell them. That is the point of this post. If you or someone you love has been arrested for murder in San Antonio, the most useful thing I can give you in the first few minutes is a clear picture of what the State is building, because every piece of it is a place the defense has to be working too. If you are dealing with a fresh arrest right now, review our practical guide on What to Do in the First 24 Hours After an Arrest in San Antonio.

The charge itself

Texas defines murder in three ways in Penal Code § 19.02(b): intentionally or knowingly causing a death; intending serious bodily injury and committing an act clearly dangerous to human life that causes a death; or causing a death during the commission of another felony. Murder is a first-degree felony, which under § 12.32 means five to ninety-nine years or life. You can learn more about how we defend against these allegations on our Murder & Homicide practice page.It becomes capital murder under § 19.03 when an aggravating fact is present — a murder during a robbery, burglary, kidnapping, or sexual assault; the murder of a child under ten; a peace officer; more than one victim; and so on. If you are facing an escalated charge, read our deep-dive guide: Capital murder defense in Texas: what families need to know in the first 48 hours.

The charging decision matters more than most families realize. The difference between “murder” and “capital murder” on the indictment is the difference between a parole-eligible sentence and life without parole, and that decision is made by a handful of people in the DA’s office in the first days or weeks. The defense has a voice in it if the defense is present and prepared. That is the first reason to have a lawyer before the grand jury meets, not after. In fact, intervening early and attacking the State’s weak points can derail their case entirely, just as we did in our recent Capital Murder Dismissal (June 2026) case result.

What the State’s file actually looks like

Every murder case I ever supervised was built from the same components. The strength of the case depended on how many of them the State had and how well they fit together.

The scene. Crime-scene investigators document what was there, where it was, and in what condition. Photographs, measurements, casings, blood, the position of the body. What the scene shows — and what it should show but doesn’t — is the skeleton of the case.

The medical examiner. The autopsy establishes cause and manner of death, and the trajectory, range, and sequence of any wounds. A good defense lawyer reads the autopsy report the way the State’s own experts do, and often retains a forensic pathologist to read it too. The ME’s findings are frequently the single most important fact in a self-defense case, because they tell you whether the physical evidence matches the State’s story, the accused’s story, or neither.

Witnesses. In Bexar County, homicide detectives move fast in the first 48 hours. They are taking recorded statements from everyone they can find, and those statements lock people in. What a witness said on the night of the event — before they’d talked to anyone else, before they’d read a news story — is often very different from what they say six months later. The defense has a right to those statements under Article 39.14 of the Code of Criminal Procedure, and comparing them is where cross-examination is born.

The accused’s own words. More murder cases are made by the defendant’s statement than by any other single piece of evidence. Detectives are trained to get one. They are permitted to be less than honest with a suspect to get it. If there is one thing I want a family to take from this post, it is this: the person who has been arrested should not talk to anyone about the facts — not the detective, not a cellmate, not a girlfriend on a recorded jail phone — until a lawyer is in the room.

Phones and digital evidence. Location data, text messages, call logs, social media, Ring cameras, the car’s own computer. Detectives get warrants for all of it, and it takes months to come back. It cuts both ways: I have seen phone records convict a man, and I have seen them prove he was somewhere else.

Ballistics, DNA, and the lab. Bexar County’s forensic evidence goes through [the Bexar County Criminal Investigation Laboratory — Mario to confirm], and some of it through DPS. Results are slow. A case may be indicted long before the lab work is finished, which means an early plea offer is often made on an incomplete picture.

Where the case gets weak

Prosecutors know where their cases break. I did. Here is what I looked for when a file landed on my desk, and it is what I look for now from the defense side.

Whether the physical evidence matches the story. If the only eyewitness says the accused was standing over the deceased and the ME says the fatal wound came from ten feet away, the State has a problem, and a prepared defense lawyer will make sure the jury understands it.

Who talked first, and what they were promised. In a case with more than one participant, somebody usually cooperates. Article 38.14 of the Code of Criminal Procedure says a conviction cannot rest on an accomplice’s testimony alone; there has to be other evidence tending to connect the accused to the offense. Juries are entitled to know what the cooperating witness got for his testimony.

Whether the State can prove intent. Murder requires an intentional or knowing killing, or intent to cause serious bodily injury. Manslaughter under § 19.04 requires only recklessness and is a second-degree felony. A great deal of homicide litigation is fought on the ground between those two words.

Self-defense. Texas law on justification is broad, and once the defense raises it with some evidence, the State has to disprove it beyond a reasonable doubt. Whether the defense can raise it depends on evidence that has to be gathered early — the deceased’s history, the accused’s injuries photographed before they heal, witnesses who saw the moments before.

What the defense should be doing in the first thirty days

Getting the bond addressed. Getting an investigator to the scene and to the witnesses before memories harden. Sending preservation letters for surveillance video that businesses overwrite in days. Reviewing the magistration paperwork and the probable-cause affidavit for what the State thought it had on day one. Deciding whether to make a presentation to the grand jury. And making absolutely sure the client is not building the State’s case for it from a jail phone.

I take a limited number of homicide cases at a time so that I can do those things myself. If your family is facing this, call me at 210-663-3750. I answer my own phone.

Frequently asked questions

Can a person be charged with murder in Texas without a body or a weapon?

Yes. The State must prove beyond a reasonable doubt that the accused caused a death, but it can do so with circumstantial evidence. Cases without a recovered weapon are common. Cases without a body are rare but have been prosecuted.

What is the difference between murder and capital murder?

Murder under Penal Code § 19.02 is a first-degree felony carrying five to ninety-nine years or life. Capital murder under § 19.03 requires an additional aggravating fact — for example, a killing in the course of a robbery or of a child under ten — and carries life without parole or, if the State seeks it, death.

How long does a murder case take in Bexar County?

Most take well over a year from arrest to resolution, and serious contested cases often take longer. Lab results, expert review, and the court’s docket all drive the timeline.

Should the accused talk to the detective to “clear things up”?

No. Not without a lawyer present. A statement given without counsel is the most common way a defensible case becomes an indefensible one.

Can the charge be reduced before trial?

Sometimes. The charging decision is made by the DA’s office, and it can be influenced by what the defense presents before indictment and afterward. Whether that is possible in a given case depends on the evidence, which is why the defense investigation cannot wait.

Sex Offender Registration in Texas: What You Need to Know

August 31st, 2026 | Blog 31st, August at 4:03 PM

For most people facing a sex crime charge in Texas, the fear that keeps them up at night isn’t only the courtroom outcome. It’s what comes after: a public listing, a lifetime label, and a set of restrictions that follow you into every part of daily life, long after any sentence, probation, or deferred adjudication is complete. Sex offender registration is sometimes described as a collateral consequence, but for the people living with it, it often feels like the real punishment.

This guide explains how Texas sex offender registration actually works, who has to register, how long it lasts, what daily life under registration looks like, and the narrow paths available to get off the registry.

What Is the Texas Sex Offender Registration Program?

The Texas Sex Offender Registration Program is governed by Chapter 62 of the Texas Code of Criminal Procedure. It requires anyone convicted of, or adjudicated for, a “reportable” offense to register with local law enforcement and appear on Texas’s public sex offender registry, maintained by the Texas Department of Public Safety.

Registration is not part of a criminal sentence. It’s a separate legal obligation that continues after a case is resolved, whether that resolution was a conviction, a term of probation, or, in most sex-offense cases, deferred adjudication. Unlike many other consequences of a criminal case, registration is public. It restricts where a person can live and work, requires ongoing check-ins with law enforcement, and follows a person even if they later move to another state.

Who Has to Register as a Sex Offender in Texas?

Texas law defines a long list of “reportable” offenses under Article 62.001(5) of the Code of Criminal Procedure. Registration is generally required for convictions or adjudications involving offenses such as:

  • Sexual assault and aggravated sexual assault.
  • Indecency with a child.
  • Continuous sexual abuse of a child.
  • Online solicitation of a minor.
  • Possession or promotion of child pornography.
  • Sexual performance by a child.
  • Certain kidnapping and unlawful restraint offenses when they involve a minor and the actor is not a parent.

This list also extends to attempts, conspiracies, and solicitations to commit these offenses, as well as equivalent convictions from other states or the federal system. In some situations, even a juvenile adjudication for a qualifying offense can trigger a registration requirement once the person becomes an adult, depending on how the case was handled.

How Long Do You Have to Register? (10-Year vs. Lifetime)

Texas splits registration into two tracks under Article 62.101, and which one applies depends almost entirely on the specific offense.

Ten-year registration generally applies to lower-tier offenses, such as indecency with a child by exposure, certain kidnapping offenses with a sexual element, and some lower-level online solicitation cases. The ten-year clock typically begins running after release from custody or discharge from community supervision, not from the date of conviction.

Lifetime registration generally applies to more serious offenses, including sexual assault, aggravated sexual assault, indecency with a child by contact, continuous sexual abuse of a child, sexual performance by a child, and child pornography offenses. Lifetime registration also applies automatically to anyone with a second reportable conviction or adjudication, regardless of how minor the underlying offenses were individually.

Because the line between a ten-year obligation and a lifetime obligation often comes down to small distinctions in how an offense is charged, this is one of the areas where the outcome of plea negotiations, not just the eventual sentence, can make a lasting difference.

What Registration Actually Requires

Once registration begins, it isn’t a one-time form. Registrants are required to:

  • Report to local law enforcement in the jurisdiction where they live, work, or attend school, generally within days of establishing residency.
  • Provide detailed personal information, including a current address, photographs, physical descriptors, vehicle information, and, in many cases, online identifiers.
  • Update that information any time key details change, such as a new address, a new vehicle, or a new employer.
  • Periodically verify registration information in person, typically once a year for most registrants and more frequently, sometimes every 90 days, for those classified as high-risk or as sexually violent predators.

This information becomes part of the public registry, which is searchable online and often used by employers, landlords, neighbors, and community members. Unlike a criminal record that might only surface during a formal background check, the sex offender registry is designed to be easy for the public to search.

Where You Can Live and Work: Child Safety Zones

For registrants whose case involved a minor, Texas law creates additional restrictions known as child safety zones under Article 62.063. These provisions generally prohibit a registrant from going in or near premises where children commonly gather, such as schools, daycare facilities, playgrounds, and youth centers, and from residing within a set distance of those locations, often 500 feet, unless a narrow exception applies.

Individual cities and counties can layer on additional restrictions beyond what state law requires, which means the practical rules can vary depending on where in Bexar County someone lives. These overlapping restrictions are a major reason registrants and their families often struggle to find stable housing and steady employment, especially in the years immediately following release.

What Happens If You Fail to Register

Failing to comply with registration requirements is not treated as a technicality. It’s a separate criminal offense under Article 62.102, independent of whatever the original case involved, and the penalties scale with the underlying offense:

  • State jail felony, punishable by 180 days to two years in state jail and a fine of up to $10,000, generally applies to most ten-year registrants.
  • Third-degree felony, punishable by two to ten years in prison and a fine of up to $10,000, generally applies to lifetime registrants who verify annually and to certain registrants whose underlying offense involved a child.
  • Second-degree felony penalties can apply in cases involving registrants classified as sexually violent, reflecting the seriousness Texas law places on strict compliance.

It’s entirely possible to be charged with failure to register even when the original offense was relatively minor, or even a misdemeanor. Missing a verification deadline, failing to update an address within the required window, or misunderstanding which jurisdiction to report to can all lead to a new felony charge layered on top of an already difficult situation.

Can You Get Off the Texas Sex Offender Registry?

For most people, registration lasts exactly as long as the law requires, with no early exit. But Texas law does provide two narrow paths that allow a smaller group of registrants to avoid or eventually end registration.

Exemption at Sentencing

Under Article 62.301, certain individuals may petition the court for an exemption from registration entirely, rather than seeking removal later. This option generally applies in limited “close in age” situations, such as when the person was not more than four years older than the victim, the victim was at least 15 years old at the time of the offense, and no force, duress, or threat of harm was involved. This exemption has to be raised and argued at sentencing. It isn’t something that can be requested years later.

Early Deregistration

For registrants who already have a registration requirement in place, Texas law allows a petition for early termination under Article 62.401 through 62.408, sometimes called deregistration. This process generally requires:

  • A single reportable conviction or adjudication, with no additional qualifying offenses on the person’s record.
  • That the offense’s minimum registration period under federal law is shorter than the registration period required under Texas law.
  • A favorable individual risk assessment from the Texas Council on Sex Offender Treatment, which evaluates the registrant’s risk of reoffending.
  • A formal petition filed in the original trial court, asking the judge to terminate the registration requirement based on the risk assessment and other supporting evidence.

Deregistration is not automatic, and it isn’t available to everyone. A second reportable offense generally disqualifies a person entirely, and the process itself, from requesting a risk assessment through the final court hearing, can take significant time and careful preparation.

How Registration Affects Your Life Beyond the Courtroom

For many people, the legal case itself, plea negotiations, a trial, a sentencing hearing, feels like the finish line. In reality, registration is often where the lasting impact of a case actually begins. It can affect:

  • Landlords routinely run registry checks, and child safety zone restrictions can eliminate entire neighborhoods as options.
  • Many employers search the public registry as part of hiring, and certain jobs, particularly those involving contact with minors, become permanently off-limits.
  • Family life. Registrants may face restrictions on contact with their own children or on attending school events, depending on the terms of their case.
  • Relationships and community standing. Because the registry is public and searchable, neighbors, coworkers, and acquaintances can find someone’s status without ever having to ask.
  • Interstate and, in some cases, international travel can trigger additional notification requirements, and registration follows a person across state lines.

This is the part of a sex crime case that often causes the most anxiety, not just what happens in the courtroom, but what life looks like for years afterward. Understanding these consequences early, ideally before a plea is entered, is one of the most important reasons to have experienced legal guidance from the very beginning of a case.

How a Sexual Assault Defense Attorney Can Help

Because registration consequences are often locked in well before sentencing, the earliest stages of a case, including how charges are negotiated, are some of the most important. An experienced sexual assault defense attorney san antonio residents turn to can:

  • Evaluate whether the charge as filed actually requires registration, and whether a different resolution might avoid or limit that requirement.
  • Identify whether a client may qualify for the Article 62.301 close-in-age exemption before sentencing, when it still matters most.
  • Explain exactly what ten-year or lifetime registration will mean in practical terms, before a plea is ever entered.
  • Represent registrants facing a new failure-to-register charge, where technical compliance mistakes can otherwise lead to serious felony consequences.
  • Evaluate eligibility for early deregistration once enough time has passed, and guide the risk assessment and court petition process.

Del Prado Law has represented San Antonio and Bexar County clients in sex crime cases for more than 39 years. Board-Certified Criminal Law Specialist Mario Del Prado’s background as former Chief of the Bexar County District Attorney’s Criminal Trial and Major Crimes Divisions gives him direct insight into how these cases are built and prosecuted, and what it takes to protect a client’s future, not just the outcome of a single hearing.

Common Mistakes People Make With Registration

  • Assuming registration ends when probation or deferred adjudication ends. In most sex-offense cases, registration is a separate obligation that continues well beyond the underlying sentence.
  • Missing a verification deadline. Even a short delay in annual or periodic verification can lead to a felony failure-to-register charge.
  • Not updating an address or employer right away. Registration information generally has to be updated within a specific window, not “whenever it’s convenient.”
  • Assuming deregistration is available for everyone. Early termination is a narrow remedy that depends heavily on the number and type of prior reportable offenses.
  • Waiting until sentencing to think about registration. By the time a plea is entered, many of the decisions that determine registration length have already been made.

Frequently Asked Questions

How long do I have to register as a sex offender in Texas?

It depends on the offense. Lower-tier offenses generally require ten years of registration from release or discharge, while more serious offenses, and any second reportable offense, generally require lifetime registration.

Can I ever get off the Texas sex offender registry?

In limited situations, yes. A close-in-age exemption can sometimes be requested at sentencing, and early deregistration is available to a smaller group of registrants who meet specific statutory requirements, including a favorable risk assessment from the Council on Sex Offender Treatment.

What happens if I miss a registration deadline?

Missing a verification or update deadline can result in a separate felony charge for failure to register, independent of the underlying offense, with penalties ranging from a state jail felony to a second-degree felony depending on the case.

Does everyone convicted of a sex offense have to register?

Not necessarily. Registration applies to offenses defined as “reportable” under Article 62.001(5). Some offenses don’t trigger registration at all, and in narrow situations, a person may qualify for an exemption if it’s raised at the time of sentencing.

Can I be forced to register even if my case involved deferred adjudication?

Yes. Registration requirements generally attach to the underlying reportable offense itself, not to whether the case resulted in a formal conviction, which means deferred adjudication does not avoid the registration requirement in most sex-offense cases.

You Deserve to Understand What’s Actually at Stake

A sex crime charge in Texas carries consequences that go far beyond a single court date, and registration is often the piece that shapes the rest of a person’s life. Whether you’re facing charges now, dealing with a new failure-to-register issue, or exploring whether you qualify for early deregistration, understanding your options early gives you the best chance at protecting your future.

If you or someone you love is dealing with a sex crime charge or a registration issue in San Antonio or Bexar County, contact Del Prado Law. As a Board-Certified sexual assault defense attorney san antonio families have trusted for more than three decades, Mario Del Prado can walk you through exactly what’s at stake and what options are available.

Call 210-663-3750 today for a confidential consultation.

San Antonio DWI stops during summer and Labor Day travel: protect your rights now

August 11th, 2026 | Blog 11th, August at 3:06 AM

Late summer in Texas invites road trips, lake days, and late nights. It also brings concentrated DWI enforcement around San Antonio and Bexar County, especially on Labor Day weekend. Fatigue, heat, and shifting daylight can amplify common driving mistakes and draw police attention. If a stop happens, what you do in the next few minutes can shape your case for months.

This guide explains what officers look for, the difference between field sobriety and chemical testing, how implied consent works in Texas, and the urgent steps to protect your license and your defense. If a stop escalates to an investigation or arrest, contact Del Prado Law immediately.

Mario Del Prado is a Board Certified Criminal Law Specialist by the Texas Board of Legal Specialization with more than 39 years of courtroom experience. He is also a Board Certified Criminal Trial Specialist by the National Board of Trial Advocacy and a former Chief of the Criminal Trial and Major Crimes Divisions at the Bexar County District Attorney’s Office. When your freedom is on the line, credentials and experience matter.

Why late-summer and Labor Day stops surge

San Antonio police and area agencies typically increase patrols and no-refusal operations on holiday weekends. Officers focus on cues of impairment like lane deviations, abrupt braking, slow responses at lights, and equipment issues. End-of-summer patterns can raise risk:

  • Fatigue from long drives and late events can mimic impairment on field tests.
  • Heat, dehydration, and antihistamines can affect balance and eyes.
  • Changing daylight and glare can lead to weaving and perceived cues.

Planning ahead is the best protection. Use a rideshare, designate a sober driver, and avoid driving while drowsy.

What officers look for, from first contact to arrest decision

A stop often begins with a traffic reason, followed by an impairment investigation if the officer observes alcohol odor, slurred speech, bloodshot eyes, fumbling, or inconsistent answers. The officer may ask you to step out and request field sobriety tests. Body-worn cameras record your words, movements, and performance. Your calm, respectful assertion of rights matters.

Key stages:

  • Initial reason for the stop and observations
  • Questioning and request to exit the vehicle
  • Field sobriety tests and possible portable breath test
  • Arrest decision, transport, and chemical testing request

Field sobriety tests vs. chemical testing

In Texas, standardized field sobriety tests are the Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand. These are coordination and attention tasks that can be influenced by fatigue, footwear, injuries, age, or medical conditions. You may refuse roadside field sobriety tests. Be polite and clear: “I respectfully decline any field tests. I choose to remain silent and I want a lawyer.”

Chemical testing is different. Under Texas implied consent, after a lawful DWI arrest an officer may request a breath or blood test. You can refuse, but refusal can trigger an administrative license suspension and the officer may seek a blood-draw warrant. Consult counsel as soon as possible. If you consent, do so only after you have clearly invoked your right to an attorney.

Your rights during a Texas DWI stop

  • Provide license and insurance upon request.
  • You have the right to remain silent about alcohol, travel, or prescriptions. Short, respectful phrases help: “I am invoking my right to remain silent. I want a lawyer.”
  • You may refuse roadside field sobriety tests and handheld breath tests before arrest.
  • Do not consent to vehicle searches. If asked, say, “I do not consent to any searches.”
  • Ask whether you are free to leave. If not, do not argue or resist. Wait for counsel.

If arrested, request medical attention if needed, and continue to state that you want a lawyer before answering questions.

Implied consent and ALR deadlines

If you refuse or fail a post-arrest breath or blood test, the Texas Department of Public Safety will seek to suspend your driver’s license through the Administrative License Revocation process. You typically have 15 days from notice to request a hearing. Miss that deadline and the suspension usually takes effect automatically. Early legal intervention lets your lawyer challenge the stop, the detention, and test procedures, and may secure a temporary driving permit while the case proceeds.

Bodycam, evidence, and why early counsel matters

Time-sensitive evidence can decide a DWI case. A lawyer can swiftly demand preservation of body-worn camera footage, dashcam video, 911 audio, booking videos, and blood-draw chain-of-custody records. Early action can also affect magistration, bail terms, travel restrictions, ignition interlock orders, and the charge posture. The first 48 hours are critical for leverage.

Mario Del Prado’s prosecutor background and board certifications inform targeted motions to suppress unlawfully obtained evidence, challenge probable cause, and attack the reliability of field and chemical testing. Immediate counsel also helps you avoid damaging statements and protects your employment and licensing concerns from unnecessary exposure.

What to say, and what not to say, at the roadside

  • Keep it brief and calm. Provide ID and insurance.
  • Do not admit to drinking, drug use, or fatigue. Do not guess at numbers of drinks or times.
  • Decline field sobriety tests and consent searches.
  • Say, “I am going to remain silent. I want a lawyer.” Then stop talking.

Practical planning for holiday travel

  • Set a rideshare or designated driver before you go out.
  • Hydrate, eat, and rest. Avoid driving when drowsy.
  • Know your medications. Some combine poorly with alcohol or heat.
  • Keep your license, registration, and insurance accessible to minimize fumbling.
  • If stopped, record the time and location mentally, note witnesses, and call counsel quickly.

For focused DWI representation in San Antonio, review our page on working with a dedicated DWI attorney and contact us the moment a stop escalates to an investigation or arrest. Learn more about your options with an experienced criminal defense attorney who is ready to act.

FAQ: fast answers for late-summer DWI stops

  • Should I hire a criminal defense attorney after a DWI stop?
  • Yes. Hire counsel immediately to protect your rights, preserve evidence, and position your case before deadlines and narratives harden.
  • What does a criminal defense lawyer do in a DWI case?
  • Investigates the stop, obtains bodycam and dashcam, challenges probable cause and test procedures, manages the ALR hearing, negotiates when appropriate, and prepares for trial.
  • Do I have to take roadside tests in Texas?
  • No. Field sobriety tests and portable breath tests before arrest are voluntary. You can decline.
  • How fast do I need to act to protect my driver’s license?
  • Act within about 15 days to request an ALR hearing after a failure or refusal notice. Do not wait.
  • What should I say at the roadside?
  • Provide ID, then say, “I am remaining silent. I want a lawyer.” Do not answer questions about drinking or consent to searches.

Why Del Prado Law

Mario Del Prado brings more than 39 years of criminal trial experience, Board Certification in Criminal Law by the Texas Board of Legal Specialization, Board Certification in Criminal Trial by the National Board of Trial Advocacy, and former leadership in the Bexar County District Attorney’s Office. He is recognized as a Texas Super Lawyer and as a trusted, trial-tested advocate. When your freedom is at stake, you need a fighter in your corner.

If your situation involves broader charges or parallel investigations, see how our criminal defense practice supports clients across South Texas and Bexar County with a seasoned criminal defense lawyer in San Antonio, TX perspective.

Next steps

If a DWI stop is underway or just happened, stay silent, do not consent to tests you are not required to take, and contact Del Prado Law now. Early action can influence your ALR deadline, bail conditions, and the strength of your defense.

Internal resources that may help:

  • For immediate DWI help in San Antonio, explore our dedicated DWI representation page: dwi attorney in San Antonio.
  • For broader defense needs, learn about working with a trusted criminal defense attorney who serves San Antonio and Bexar County.

Note: Every case is unique. This article provides general information, not legal advice. For guidance on your specific situation, contact Del Prado Law directly.

How Does Bail Work in Texas? A Bexar County Guide

August 3rd, 2026 | Blog 3rd, August at 8:48 PM

When someone you love gets arrested, one question usually comes before all the others: how much is it going to cost to get them out, and how fast can it happen? Bail can feel like a mystery if you’ve never dealt with the criminal justice system before, and the confusion only adds to an already stressful situation.

The good news is that bail in Texas follows a fairly predictable process, even though the amounts and conditions vary case by case. This guide breaks down exactly how bail works in Bexar County, what determines the amount a magistrate sets, the different ways to post it, and what your options are if the bond feels out of reach.

What Is Bail, and How Does It Work in Texas?

Bail is a set amount of money, or a promise to pay one, that guarantees a person will show up for their future court dates. It is not a fine and it is not a punishment. Under Texas law, bail exists to balance two competing interests: making sure the accused returns to court, and avoiding unnecessary jail time for someone who has not been convicted of anything.

Once bail is posted, whether in cash, through a bail bond company, or another approved method, the person is released from custody while the case moves through the courts. If they miss a court date, the bond can be forfeited and a warrant issued for their arrest. If they attend every required hearing, the bail process concludes once the case is resolved, and any cash bond paid directly to the county is typically returned, minus court costs and fees.

Who Sets Bail in Bexar County?

In Bexar County, a magistrate judge is usually the first person to set bail after an arrest. This happens during a process often called magistration, where the magistrate reviews the charges, confirms the defendant understands the accusations against them, and sets an initial bond amount.

For most misdemeanors and many lower-level felonies, this happens fairly quickly, sometimes within hours of booking, based on a standing bond schedule. For more serious felony charges, a judge may hold a more detailed bond hearing and consider additional factors before setting bail, rather than relying solely on the schedule.

How Bail Amounts Are Determined

Magistrates and judges in Bexar County don’t pick a number at random. Texas law directs courts to weigh several factors when setting bail, including:

  • The nature and severity of the alleged offense, since more serious charges typically carry higher bond amounts.
  • The defendant’s criminal history, including any prior failures to appear in court.
  • Ties to the community, such as employment, family, and how long the person has lived in the area.
  • Flight risk, meaning how likely the person is to leave the jurisdiction rather than attend future hearings.
  • Public safety concerns, particularly in cases involving violence or threats to a specific person.
  • Ability to pay, though this factor is often underweighted in practice and has become a point of ongoing legal debate across Texas counties, including Bexar County.

Because these factors are somewhat subjective, two people facing similar charges can end up with very different bond amounts. This is one of the main reasons having legal representation early in the process matters. A prepared attorney can present context the magistrate might not otherwise have, such as stable employment or strong community ties, before the initial bond is even set.

Types of Bail in Texas

Texas allows for several different ways to satisfy a bond, and knowing the differences helps families make faster, better-informed decisions.

  • Cash bond: The full bail amount is paid directly to the county, typically by cashier’s check or money order. If the case concludes and all court dates were met, the money is returned, minus applicable fees.
  • Surety bond (bail bond): A licensed bail bond company posts the bond on the defendant’s behalf in exchange for a non-refundable fee, usually around 10 percent of the total bond amount. This is the most common option for families who can’t pay the full amount up front.
  • Personal recognizance (PR) bond: For qualifying defendants, typically those facing lower-level charges with minimal criminal history, a judge may allow release based on a written promise to appear in court, without requiring any payment.
  • Property bond: Less common, but in some cases a defendant can use real property as collateral to secure release instead of cash.

Each option has trade-offs in cost, speed, and eligibility, and not every option is available for every charge. Certain offenses, particularly violent felonies or cases involving a protective order, come with additional restrictions on how and whether bail can be posted.

The Step-by-Step Bail Process in Bexar County

While every case is different, most bail situations in Bexar County follow a similar sequence:

  • Arrest and booking. The person is taken into custody and processed at a police substation or the Bexar County Adult Detention Center, including fingerprinting, photographs, and a records check.
  • Magistration. A magistrate reviews the charges and sets an initial bond amount, often based on the county’s standing bond schedule for the offense.
  • Bond decision. The family decides how to satisfy the bond, whether through a cash payment, a bail bond company, or, if eligible, a personal recognizance bond.
  • Paperwork and processing. Once payment or bond paperwork is submitted and verified, the jail processes the release, which can take anywhere from a couple of hours to most of a day depending on facility volume.
  • Release. The defendant is released with a scheduled court date and, in many cases, specific bond conditions to follow, such as no contact with an alleged victim or regular check-ins.

You can track the status of a booking and bond amount at any point using Bexar County’s official bond information page, which is updated once magistration is complete.

How Long Does It Take to Get Out on Bail in Bexar County?

There’s no single answer, since release timing depends on how the bond is paid, how busy the jail is, and how quickly paperwork is processed. A cash bond paid directly to the county can sometimes move faster once the amount is known, since there’s no third party involved. A bail bond company can be quicker to arrange for families who don’t have the full amount available, but processing still depends on jail volume.

As a general rule, the sooner a family understands the charges, confirms the bond amount, and decides how they intend to pay it, the sooner release tends to happen. This is another area where early legal guidance helps, since a defense attorney can often get answers about bond status faster than a family calling the jail repeatedly.

Can Bail Be Denied or Revoked in Texas?

Yes. Bail is not guaranteed in every case. For certain serious felony charges, particularly capital cases, Texas law allows bail to be denied altogether under specific circumstances. Judges can also set unusually high bond amounts in cases involving significant public safety concerns.

Bail can also be revoked after the fact if the defendant violates a condition of release, such as missing a court date, committing a new offense while out on bond, or violating a no-contact order. When that happens, the person can be taken back into custody and may face a much higher bond, or none at all, going forward.

What Happens If You Can’t Afford Bail?

This is one of the most common and most stressful situations families face. If the full cash bond isn’t realistic, a bail bond company is usually the next option, since it only requires a percentage of the total amount. Some defendants may also qualify for a personal recognizance bond, particularly for lower-level, non-violent charges, though this isn’t guaranteed and depends heavily on the judge’s assessment.

In some cases, an attorney can request a bond reduction hearing, asking the court to lower the amount based on the defendant’s ties to the community, employment, or other mitigating factors. This is often the most effective option for families who genuinely cannot afford the bond as set, and it’s a step that’s far more likely to succeed with legal representation guiding it.

How a Criminal Defense Lawyer Can Help With Bail

Many families assume a lawyer’s role starts after release, once the case is heading toward court. In reality, an experienced san antonio criminal defense lawyer can start advocating on your behalf during the bail process itself, sometimes before you’ve even left the detention center.

That help can include:

  • Presenting information to the magistrate about community ties, employment, or family responsibilities that may support a lower bond.
  • Requesting a bond reduction hearing if the initial amount is set unreasonably high.
  • Explaining bond conditions clearly, so you understand exactly what’s required to avoid a violation.
  • Communicating with the jail and the court on your family’s behalf, cutting down on time spent guessing at the process.

Del Prado Law has guided Bexar County families through the bail process for more than 39 years. Board-Certified Criminal Law Specialist Mario Del Prado also spent years as Chief of the Bexar County District Attorney’s Criminal Trial and Major Crimes Divisions, which means he understands not just how bail is supposed to work, but how it actually plays out in Bexar County courtrooms.

Common Mistakes People Make With Bail

  • Assuming the first bond amount is final, without knowing that a bond reduction hearing may be possible.
  • Choosing a bail bond company based on price alone, without checking that it’s properly licensed in Bexar County.
  • Missing a scheduled check-in or court date, not realizing that even a minor slip-up can lead to bond revocation.
  • Contacting an alleged victim while out on bond, which can violate release conditions even if the intent was to apologize or make peace.
  • Waiting to contact a lawyer until after release, missing the window where legal advocacy can influence the bond amount itself.
Frequently Asked Questions

How much does bail typically cost in Bexar County?

It depends entirely on the charge. Bexar County uses a bond schedule for many offenses, with amounts increasing based on severity, prior record, and other factors a magistrate considers.

Do I get my money back after posting a cash bond?

If the full cash bond was paid directly to the county and all court appearances were met, the money is generally returned at the end of the case, minus any applicable court fees. A bail bond company’s fee, by contrast, is not refundable.

Can bail be reduced after it’s already been set?

Yes, in many cases. An attorney can request a bond reduction hearing, where a judge reconsiders the amount based on new information or circumstances not fully addressed at magistration.

What happens if someone skips a court date while out on bail?

The bond can be forfeited, meaning the money is lost, and a warrant is typically issued for the person’s arrest. If a bail bond company posted the bond, that company may also pursue the defendant directly to recover the loss.

You Don’t Have to Navigate the Bail Process Alone

Bail can feel like one more confusing hurdle during an already overwhelming time, but understanding how it works in Bexar County puts you in a much stronger position to act quickly and make good decisions. Whether you’re trying to figure out how to post bond, requesting a reduction, or simply trying to understand what happens next, having the right guidance from the start makes a real difference.

If you or a loved one is dealing with the bail process in San Antonio or anywhere in Bexar County, contact Del Prado Law. As a Board-Certified san antonio criminal defense lawyer families have trusted for more than three decades, Mario Del Prado is ready to help you understand your options and move toward release as quickly as possible.

Call 210-663-3750 now for immediate assistance.