Criminal Defense FAQs

If you have been arrested for, charged with, or accused of a crime in Texas, you probably have many questions running through your head. It is completely normal to ask yourself many questions after an arrest, and doing so can help you better understand your situation.

I know that you may be overwhelmed at this time, especially if you do not know how the system operates. You have the right to pursue answers from a trusted and knowledgeable San Marcos criminal defense attorney. I can provide the answers you require.

Learn More About Criminal Defense, DUIs & Your Rights

What are my rights after an arrest?
Perhaps one of the most invaluable assets that have is your rights under the protection of the law. Many people are unaware or forgetful of these protections.

It is crucial to remember that you have the following rights afforded to you:

• You have the right to remain silent.
• You have the right to retain legal counsel.

I have been arrested for the first time and I am afraid that I may be disqualified from scholarship programs. Do I have options?
First of all, it is important to note that, no matter what type of criminal charges you may be facing, you could always have options with the help of an attorney. While it is true that a criminal conviction could put you at risk for disqualification from scholarship programs, financial aid programs, student loans, or other educational pursuits, you should never lose hope. A good attorney can fight for you, but a great attorney can determine which course of action can save you from long-term damage.

If you are a college student or minor, I can work hard to make your case go away if at all possible. It is my intent to defend you aggressively so that you can get through college and move forward to a respectable and lucrative career.

Why was I arrested for refusing to take a Breathalyzer test? Is this legal?
In the state of Texas, any driver with a valid license will be subject to the implied consent law. The implied consent law requires that all legal drivers consent to chemical testing if a law enforcement official has probable cause to conduct a chemical test.

Even though you may have been driving below the legal limit, an officer may place you under arrest for violating the implied consent law. Refusing to take the test not only violates the implied consent law but may also imply that you are guilty of driving under the influence.

What is the difference between a misdemeanor and a felony?
Crimes can be prosecuted and penalized at different levels of severity. Typically, misdemeanor crimes are considered to be lower-level crimes and are punishable by less severe penalties, including fines, possible probation, or up to one year in jail. Misdemeanor offenses can include minor violations, such as petty theft, shoplifting, or disturbing the peace.

Felony offenses are much more serious offenses and are penalized with harsher consequences. Felonies such as murder, rape, kidnapping, arson, or larceny can be penalized with a jail sentence extending beyond one year and excessive fines. Most felony convictions are not eligible for expunction.

Can I ever make my arrest go away?
Depending on your circumstances, an arrest can be erased from public view through expunction. Expunction is ideal for many people because it can make it seem as though the arrest never happened. If you are not eligible, do not give up hope or think that your life will be ruined forever. With the right information, the best possible representation, and a positive attitude, you can move on from an arrest.

Have more questions? Contact Richard Ursha for answers!

If you have additional questions or concerns, I would happy to speak with you and provide you with immediate answers. Call my firm today and schedule your free case evaluation. I can sit down with you confidentially in person or discuss your case with you over the phone and get to know your side of the story.

Contact Richard Ursha, Attorney at Law today to get started on your legal process!