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214-205-6109
Call For A free Consultation
214-205-6109
An arrest changes everything overnight. One day you’re going about your life, and the next you’re sitting in a jail cell trying to make sense of paperwork you don’t understand, wondering what happens next and how fast it will happen. Texas criminal law moves on its own schedule, and some of the most important deadlines in your case start running before you ever see a judge.
The Lugo Law Firm defends Houston-area residents facing criminal charges, from a first DWI to a serious felony. Our bilingual team works in both English and Spanish, and we believe every client deserves close, personal attention rather than a rotating cast of unfamiliar faces. Call us at 214-205-6109, or contact us online to talk through what you’re facing.
Founding attorney Michelle Lugo brings 30 years of courtroom experience and a reputation for aggressive, detail-driven advocacy, and she leads a team with decades of combined experience defending Texas criminal cases. That matters most in the early days of a case, when evidence is freshest and the fewest options have closed off. Here is what that commitment to excellence looks like in practice:
A Texas criminal case moves through five stages, from arrest to a dismissal, a plea, deferred adjudication, or a trial.
Under Article 15.17 of the Texas Code of Criminal Procedure, police must bring an arrested person before a magistrate without unnecessary delay, and no later than 48 hours after arrest. At that first appearance, the magistrate states the accusation, informs you of your right to a lawyer, including how to request one if you cannot afford one, and tells you that you are not required to make a statement and that anything you say can be used against you.
A Texas judge sets bail and any release conditions to give reasonable assurance that you’ll appear and follow the court’s requirements, never as a way to punish you before trial. Under Article 17.15 of the Texas Code of Criminal Procedure, the judge must weigh the nature of the offense, your ability to make bail, the safety of any victim and the community, your criminal history, and your citizenship status.
That last factor surprises a lot of people. Texas law added it in recent years, and it now sits alongside the other bail factors judges are required to consider.
Yes. Texas law bars the state from using evidence at trial that police obtained by violating the Constitution or a state or federal statute.
If your case involved a stop, search, or seizure that didn’t follow the rules, your attorney can file a motion asking the court to keep that evidence out.
One narrow exception applies when police relied in good faith on a warrant that a neutral magistrate had signed based on probable cause. Even then, an unlawful search doesn’t end a case on its own. It removes evidence, and the rest of the case is built, or falls apart, from there.
A Texas judge can place your case on hold without entering a finding of guilt. This is called deferred adjudication community supervision, a middle path between a conviction and a trial. Under Article 42A.101 of the Texas Code of Criminal Procedure, a judge may grant this after a plea of guilty or no contest, once the evidence supports a finding of guilt and the judge decides it serves both your interests and society’s.
Not every charge qualifies. Certain serious offenses are excluded by law, and eligibility can also depend on your criminal history. Whether a plea, deferred adjudication, or a trial fits your case is a decision you make with your attorney’s advice, not one Texas law makes for you. If your case resolves in your favor, ask us about clearing or sealing your record afterward.
A Texas DWI arrest creates two separate cases, a criminal charge and a driver’s license case, and each runs on its own deadline. Under Section 49.04 of the Texas Penal Code, you commit the offense if you operate a motor vehicle in a public place while intoxicated.
A first offense is a Class B misdemeanor with a minimum of 72 hours in jail. It becomes a Class A misdemeanor if a test shows an alcohol concentration of 0.15 or higher.
On the license side, Section 724.041 of the Texas Transportation Code requires a written request for an administrative hearing no later than the 15th day after you receive notice of a suspension. The request goes to the Texas Department of Public Safety in Austin, and it’s the shortest deadline either case runs on. A defense strategy built around only the criminal charge risks missing this window. Bring any suspension notice with you when you call, and see our drunk driving defense page for more on how we approach these cases.
Under Article 12.02 of the Texas Code of Criminal Procedure, Texas prosecutors generally have about two years from the date of the offense to file charges for most misdemeanors, and the case cannot move forward after that window closes. A longer, three-year window applies to misdemeanor assault against certain family or household members. Felony deadlines are set separately by statute and vary by offense, so they’re worth discussing with an attorney directly rather than assuming a single rule covers every charge.
Texas sets punishment ranges by offense class under the Penal Code. The table below covers the full range, from a Class C misdemeanor up to a first-degree felony.
| Offense Level | Confinement | Maximum Fine |
| Class C misdemeanor | Fine only, no jail time | Set by the specific offense |
| Class B misdemeanor | Up to 180 days in jail | $2,000 |
| Class A misdemeanor | Up to 1 year in jail | $4,000 |
| State jail felony | 180 days to 2 years in a state jail | $10,000 |
| Third-degree felony | 2 to 10 years in prison | $10,000 |
| Second-degree felony | 2 to 20 years in prison | $10,000 |
| First-degree felony | 5 to 99 years, or life | $10,000 |
Other factors, like prior convictions or the use of a weapon, can push a charge into a higher range. Your attorney can tell you exactly where your specific charge falls.
Most Houston-area criminal cases run through the Harris County Criminal Justice Center at 1201 Franklin Street. That building houses both the felony district courts and the County Criminal Courts at Law, which handle Class A and B misdemeanors and appeals from Justice of the Peace and Municipal Court. Filings go through the Harris County District Clerk.
Lower-level city ordinance and traffic matters are handled separately through the Houston Municipal Courts, based at the Herbert W. Gee Municipal Courthouse at 1400 Lubbock Street, with several branch locations around the city.
If your case involves federal charges, that’s a different court entirely: the U.S. District Court for the Southern District of Texas, Houston Division, sits at the Bob Casey United States Courthouse at 515 Rusk Avenue. Each of these courts has its own filing procedures and local practices, which is one reason knowing your way around all three systems matters as much as knowing the law itself.
Criminal charges rarely arrive alone. A DWI arrest runs two cases at once, and a conviction can leave record questions long after a case ends. Our full list of practice areas covers assault, domestic violence, drug charges, federal charges, juvenile law, sex crimes, and weapon charges. If your matter touches more than one of these, ask us. We handle those together.
It depends on the offense and your record. Many first-time, lower-level charges resolve through deferred adjudication, probation, or a negotiated agreement rather than jail time, but some charges carry mandatory minimums. An attorney who has reviewed your specific charge can give you a realistic picture.
Yes. You’re generally free to retain your own attorney at any point in a criminal case, even after the court has already appointed one. Your new attorney handles the transition and notifies the court.
As soon as possible. Surveillance footage, dashcam or body-cam video, and other time-sensitive evidence can be deleted or overwritten within days or weeks, and several important deadlines, including the ones on this page, start running immediately.
Not automatically. It means the court holds off on a formal conviction while you complete supervision. If you finish successfully, the case is typically dismissed, and you may become eligible to petition for nondisclosure, a court order that seals the record from public view, but the details depend on the offense and the county.
Facing a criminal charge in Houston is overwhelming, but you don’t have to sort it out alone. The Lugo Law Firm offers free consultations and will walk you through the charge, the deadlines, and the options in front of you. Call us at 214-205-6109, or reach out through our contact page.
Two dates matter most right now: 48 hours from arrest, and 15 days from a suspension notice. Bring any paperwork you were handed when you call.
The earlier we get involved, the better your defense. Schedule a confidential consultation now and let us start protecting your future.
