Emergency? Call Now Criminal Defense Questions, Answered for Bexar County
I was just arrested in San Antonio. What do I do right now?
Say two sentences and then stop. “I am going to remain silent.” “I want a lawyer.” Say them out loud, clearly, and then say nothing else about the case to anyone, including other people in the holding cell. Do not explain. Do not clear anything up. Every call from the jail is recorded and prosecutors listen to them. Do not consent to a search of your phone. Write down, as soon as you can, the time, the location, the names on the uniforms, and everything you remember in order. Memory decays fast and the details you lose in week one are usually the ones that matter in month nine.
What happens at the Central Magistrate in San Antonio?
After a Bexar County arrest you are brought before a magistrate at the Central Magistrate Division, 200 N. Comal, South Tower, San Antonio, Texas 78207. It operates 24 hours a day, 365 days a year, and the main line is 210-335-6111. The magistrate tells you what you are accused of, advises you of your rights under Article 15.17 of the Code of Criminal Procedure, decides bail, and may impose conditions of release. It is also where a magistrate’s order for emergency protection is issued in a family violence case. The whole thing can take a few minutes, and those few minutes set the terms of the next several months.
Can a judge refuse to set bail at all?
Yes, in a narrow set of cases. 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 State shows either that bail cannot reasonably prevent willful nonappearance, by a preponderance of the evidence, or that bail cannot reasonably ensure the safety of the community, law enforcement, and the alleged victim, by clear and convincing evidence. You have the right to counsel at that hearing. It happens early. Read the full explanation [/bail-denial-section-11d-bexar-county/].
How much is bail in Bexar County?
There is no fixed price. A magistrate considers the accusation, the criminal history, ties to the community, and the safety of the alleged victim and the public. What moves a bail setting is not argument, it is documentation: employment records, a lease, family who show up, a treatment plan, a proposed set of conditions the judge can impose instead of a high number. If bail is set beyond reach, it can be reviewed. That takes a written motion and a hearing, not a phone call.
Can the police lie to me during questioning?
Yes. Texas law permits an officer to use deception during an interrogation. He can tell you your friend already gave a statement. He can tell you there is video when there is none. He can tell you that talking now is your one chance to help yourself. What he cannot do is keep questioning you after you clearly ask for a lawyer. Miranda v. Arizona, 384 U.S. 436 (1966). Ask for a lawyer plainly. “Maybe I should talk to someone” is not clear enough.
A detective left a card and wants to talk. Should I call him?
You should call a lawyer, and the lawyer should call the detective. An investigator who leaves a card is not gathering your side out of curiosity. He is building a file, and the interview is evidence. The time before charges are filed is the most valuable period in the entire case, and it is the period most people spend making it worse. Have someone speak for you.
Do I have to let an officer search my car or my phone?
You do not have to consent, and you should not. Say clearly that you do not consent to a search. Do not physically interfere, and do not argue; the fight over a search belongs in a courtroom where there is a record. Phones have separate protection: a warrant is generally required to search the contents of a phone seized incident to arrest. Riley v. California, 573 U.S. 373 (2014). If an officer searches anyway, that is a suppression issue, and under Article 38.23 of the Code of Criminal Procedure evidence obtained in violation of the law can be excluded.
What is the difference between being detained and being arrested?
A detention is a brief stop supported by reasonable suspicion, and it may last only as long as it takes to handle what the stop was about. An arrest requires probable cause. The line matters, because a stop that is stretched past its purpose, for example to wait on a dog, can make everything found afterward inadmissible. Rodriguez v. United States, 575 U.S. 348 (2015). Ask one question: “Am I free to leave?” The answer, and the time it was asked, is often on video.
What is a magistrate’s order for emergency protection?
In a family violence case the magistrate may issue one, and must issue one if the arrest involved serious bodily injury or the use or exhibition of a deadly weapon. Article 17.292 of the Code of Criminal Procedure. It can bar you from your own home, from contact of any kind, and from possessing a firearm, and it suspends a license to carry. It ordinarily lasts between 61 and 91 days, and between 91 and 121 days where a deadly weapon was involved. Read it before you go anywhere.
She says she wants to drop the charges. Can she?
No. The case belongs to the State of Texas, not to the complaining witness. She can tell the prosecutor she does not want to proceed, and she can sign an affidavit of non-prosecution, which is evidence and sometimes important evidence. It is not an off switch, and Bexar County prosecutors regularly go forward without a cooperative witness using the 911 call, the body camera video, and the photographs. One warning: if the accused arranges the affidavit, that can become a tampering allegation, which is a felony. More on family violence cases .
The State has no evidence. How can they proceed?
Because what people mean by “no evidence” is usually “no physical evidence,” and those are different things. One person’s testimony is evidence. In a sexual assault prosecution, Article 38.07 provides that a conviction is supportable on the uncorroborated testimony of the complainant in defined circumstances. There is no rule requiring DNA, injury, or a witness. The absence of corroboration is something to argue hard to a jury. It is not a reason the case goes away by itself.
Can you guarantee you will win my case?
No, and neither can anyone else. A lawyer who guarantees you a result is telling you something important about himself. What I can commit to is the work: reading every page, watching every minute of video, finding the witnesses before they move, filing the motions the record supports, and telling you the truth about where the case stands even when you do not want to hear it.
Will I go to prison if I am convicted?
It depends on the offense level, your criminal history, whether you are eligible for community supervision, the court, and the strength of what the State can prove at punishment. Many first-time misdemeanor cases and some felony cases resolve without confinement. Some offenses carry mandatory minimums and some carry ineligibility for probation. The honest answer for any particular person requires knowing the charge, the enhancement paragraphs, and the record. That conversation takes twenty minutes and it is worth having early.
What is the difference between deferred adjudication and probation?
Both are forms of community supervision under Chapter 42A of the Code of Criminal Procedure. With straight probation you are convicted and the sentence is suspended. With deferred adjudication the judge accepts your plea but does not enter a finding of guilt, and if you complete the term the case is dismissed without a conviction. Deferred sounds better and often is. It is not free: a violation can expose you to the full range of punishment, and for many offenses deferred still carries lasting consequences, including registration, immigration exposure, and use as a prior in a later case.
Can my record be sealed or expunged?
Sometimes. Texas has two separate remedies. An expunction destroys the records of an arrest, and generally requires an acquittal, a dismissal with the limitations period expired, or a pardon. An order of nondisclosure seals records from public view while keeping them available to certain agencies, and is tied to successful completion of deferred adjudication for eligible offenses. The eligibility rules are technical, there are waiting periods, and some offenses are permanently excluded, including offenses with a family violence finding. More on nondisclosures [/non-disclosures/].
How long does a felony case take in Bexar County?
Longer than you want. A straightforward felony commonly runs several months to a year from arrest to resolution. A serious case with forensic testing, expert work, and a contested trial setting can run substantially longer. Some of that delay hurts you and some of it helps you, and part of my job is knowing which is which and not letting the case drift.
What does Board Certified in Criminal Law mean?
It is a certification awarded by the Texas Board of Legal Specialization, an arm of the Supreme Court of Texas. Criminal law certification requires at least five years licensed with the three most recent years spent primarily in criminal law, at least 25 percent of the lawyer’s time in criminal law in each of those three years, a qualifying record of jury trials as lead counsel, 60 hours of criminal law continuing education, five references including four criminal lawyers who have tried cases with or against the applicant and a judge of a Texas court of record, and a six-hour written examination. It must be renewed every five years. It is not a guarantee of a result. It is a fact you can verify yourself at tbls.org in about thirty seconds, which is more than can be said for most claims lawyers make.
What counties do you practice in?
Bexar and Guadalupe primarily, in state and federal court, and surrounding counties depending on the case. Here is where I practice and what I know about those courthouses .
What do you charge?
It depends on the charge, the county, the complexity, and whether the case is headed for trial. I quote a fee after I know what the case is, not before, and it goes in a written agreement that says what is included and what is billed separately. Ask me specifically whether the fee covers trial. That is the question people forget to ask and later wish they had.
Do I really need a lawyer for a misdemeanor?
A misdemeanor conviction is permanent, it can cost you a job or a license, and in family violence cases it costs you your firearms and makes the next allegation a felony. The word “misdemeanor” describes the punishment range. It does not describe what happens to your life afterward.
How do I reach you?
Call 210-663-3750 . I answer my own phone. If you are calling about someone in custody, have the full name, the date of birth, and the cause number if charges have been filed.