San Marcos Criminal Defense Lawyer

When Your Future Is on the Line, We’re in Your Corner, Serving Clients in Hays, Comal, Caldwell and Guadalupe Counties and beyond

If you’ve been arrested in San Marcos or anywhere in Hays County, you’re likely feeling overwhelmed, uncertain, and anxious about what comes next. The legal system moves fast, and the stakes couldn’t be higher. Whether you’re facing a DWI, drug charge, assault allegation, or any other criminal offense, you need someone who understands what you’re up against and knows how to fight back.

At The Law Offices of David C. Hardaway, we provide clear answers, steady guidance, and aggressive representation from the moment you contact us. We won’t sugarcoat your situation — we’ll give it to you straight. But we’ll also stand with you every step of the way, crafting a strategy that puts you in the strongest possible position to protect your freedom, your reputation, and your future. If you or a loved one has been arrested in Hays County or the surrounding areas, contact our office for immediate assistance from a skilled and experienced San Marcos criminal defense lawyer.

Focused, Strategic Defense Backed by Experience

Our criminal defense practice is grounded in three core principles:

Direct communication: You’ll never be left guessing about your case. We explain your options clearly, return your calls, and keep you informed at every stage.
Personal commitment: We treat each case like it matters — because it does. Our clients aren’t just case numbers; they’re people whose lives are on the line.
Innovative legal strategies: No two cases are the same. We look at every angle, identify weaknesses in the prosecution’s case, and develop defense strategies that get results.

We understand how prosecutors think, how evidence is gathered and challenged, and how courtroom procedures work in San Marcos, Hays County, and surrounding jurisdictions. That knowledge gives us a tactical edge — one we use to your advantage.

Proven Defense for DWI, Drug Crimes, Assault, and More in San Marcos

Our firm handles a wide range of criminal defense matters in San Marcos, Hays County, and surrounding communities. We have successfully defended clients against a variety of serious charges, including:

DWI Offenses: From first-time DWI arrests to felony-level DWI charges, including cases involving child passengers, commercial drivers, and boating while intoxicated.
Drug Crimes: Possession, distribution, and other drug-related offenses, with a focus on protecting your rights and challenging the evidence at every turn.
Violent Crimes: Including assault, aggravated assault, robbery, and death cases where the stakes could not be higher.
Human Smuggling: Serious charges that require aggressive and innovative defense strategies.
Property Crimes and Theft: Cases ranging from misdemeanor theft to felony robbery and burglary charges.
Sex Crimes: Sensitive charges that carry both criminal and social consequences, where early, strategic intervention is critical.

Whether this is your first encounter with the criminal justice system or you’re facing enhanced penalties for repeat offenses, our San Marcos criminal defense attorney knows how to confront the challenges and work toward the best possible outcome.

Local Knowledge That Makes a Difference

Legal defense isn’t just about knowing the law — it’s about knowing the people and procedures behind the system. We’ve built strong relationships in the San Marcos legal community and have years of experience handling cases in Hays County courts. We also routinely represent clients in neighboring counties like Caldwell, Comal, Guadalupe, and more.

We know how local judges approach sentencing. We know how the DA’s office evaluates cases. And we know how to use that knowledge to your benefit.

Recognized Leaders in Criminal Defense

At our firm, you will find top-tier representation backed by real results, deep knowledge, and peer recognition.

David Hardaway’s Accolades

David Hardaway has built a reputation as one of Texas’s leading criminal defense attorneys. His professional affiliations include:

National College for DUI Defense (NCDD)
DUI Defense Lawyers Association (DUI DLA)
Texas Criminal Defense Lawyers Association (TCDLA)

His awards and recognitions speak to his dedication and skill:

Texas Super Lawyers (2023–2025)
Texas Rising Stars (2019–2022)
Top 100 Trial Lawyers by The National Trial Lawyers (since 2017)
America’s Top 100 Attorneys (since 2018)
Multiple “10 Best for Client Satisfaction” awards

Thomas Pare’s Commitment to Excellence

Attorney Thomas Pare shares this commitment to excellence in criminal defense. His credentials include:

Membership in NCDD, DUI DLA, TCDLA, and the State Bar of Texas Criminal Justice Section
Selection to National Trial Lawyers Top 40 Under 40 (2024)

What to Expect When You Work With Us

Being charged with a crime is one of the most stressful experiences a person can go through. We don’t expect you to know what to do — that’s our job. When you work with a San Marcos criminal attorney at The Law Offices of David C. Hardaway, here’s what you can expect:

A clear, no-nonsense evaluation of your case. We’ll go over the charges, the evidence, and what’s realistically at stake.
A tailored defense strategy. We’ll identify the most promising paths forward and begin building your defense immediately.
Consistent, open communication. We keep you updated and accessible, so you’re never left wondering what’s happening.
Courtroom-ready representation. Whether we’re negotiating for a dismissal, fighting for a reduced charge, or taking your case to trial, we’ll be prepared.

Integrity. Strategy. Communication.

At The Law Offices of David C. Hardaway, we know that trust must be earned. That’s why we always provide straightforward advice, realistic assessments, and honest answers. We will keep you fully informed about your case, communicate openly about your legal options, and never make promises we can’t keep. Your future is our priority. We won’t back down, and we won’t stop working until we’ve explored every option to protect your rights and secure the best possible outcome.

San Marcos Criminal Defense FAQs

Real Answers for Real People Facing Serious Charges in Hays County

When you’re facing criminal charges in Texas, you need more than just basic legal advice; you need clarity, direction, and someone who will fight like your future depends on it. At The Law Offices of David C. Hardaway, we’re here to answer your questions and walk you through the process step by step. Below are answers to some of the most common questions our San Marcos criminal defense lawyers get from clients, but if your question isn’t here, we encourage you to reach out to us directly.

What should I do if I’m arrested or think I’m about to be charged?

Stay calm. Don’t resist or argue, and don’t say anything other than “I want to speak to my attorney.” Avoid explaining your side or trying to talk your way out of the situation — you can’t help yourself by talking, but you can hurt your case. If you believe you’re under investigation, now is the time to hire a lawyer. Early legal intervention can prevent charges from ever being filed or can drastically improve your position.

What rights does a person accused of a crime have?

If you’ve been accused of a crime in Texas, you have rights — and exercising them can make the difference between a conviction and a dismissal. Unfortunately, many people don’t understand their rights until it’s too late. At The Law Offices of David C. Hardaway, we make sure our clients know exactly what they can and should do to protect themselves.

Here are the key rights you have if you’re accused of a crime:

The right to remain silent – You do not have to answer police questions, make a statement, or try to explain yourself. Anything you say can and will be used against you in court.
The right to an attorney – You have the right to speak with a lawyer before answering any questions, and to have that lawyer present during questioning. If you can’t afford a lawyer, the court must appoint one.
The right to due process – You cannot be punished or convicted without fair procedures. That includes notice of the charges, an opportunity to defend yourself, and a chance to be heard in court.
The right to a fair and speedy trial – You are entitled to have your case heard within a reasonable amount of time by an impartial jury if you choose to go to trial.
The right to confront witnesses – You have the right to challenge the evidence against you and to cross-examine any witnesses who testify. You also have the right to compel witnesses to testify who have information that could be favorable to you.
The right against unlawful searches and seizures – The police need a warrant or valid legal justification to search your home, car, or personal belongings. If they didn’t follow the rules, any evidence they found may be thrown out.
The right to be presumed innocent – You are presumed innocent unless and until the government proves you guilty beyond a reasonable doubt. You do not have to prove your innocence.

These rights are powerful, but they’re only effective if you use them — and if you have a skilled attorney to enforce them. Police and prosecutors are not required to explain your rights or help you make good decisions. That’s our job.

If you’ve been accused of a crime in San Marcos or anywhere in Hays County, contact us immediately. We’ll make sure your rights are protected from day one and fight for the outcome you deserve.

How do I know if my rights were violated?

We will evaluate every detail of your arrest and police interaction for constitutional violations. Common issues include unlawful searches, lack of probable cause, failure to read Miranda rights, or coercive interrogations. If your rights were violated, we can work to get evidence suppressed or charges dismissed.

Do I need a lawyer for a misdemeanor?

Yes. Misdemeanors may seem minor, but a conviction can lead to jail time, probation, fines, a criminal record, and long-term negative consequences regarding jobs, housing, and educational opportunities. An experienced defense attorney can help you avoid or minimize those penalties and may even be able to get the case dismissed or diverted.

What’s the difference between being charged and being indicted?

Being charged means the state has filed formal accusations in a complaint or information, usually after an arrest. Indictment is typically reserved for felony cases and occurs after a grand jury reviews the evidence and agrees that the case should proceed. Either way, your future is on the line, and legal representation is critical.

Can my case be dismissed before trial?

Absolutely — and it’s one of our first goals. We examine the strength of the prosecution’s case, look for errors or constitutional violations, and present mitigating facts. If the prosecutor sees that their case is weak or flawed, they may reduce or dismiss the charges without going to trial.

Will my case go to trial?

Most cases are resolved before trial, but we always prepare like we’re going to court. That preparation gives us leverage in plea negotiations and ensures we’re ready to fight aggressively if a trial becomes necessary.

What if the alleged victim wants to drop the charges?

In Texas, the decision to prosecute lies with the District Attorney — not the victim. Even if the alleged victim recants, the state may still move forward with the case. That said, we can often use the victim’s willingness to support dismissal or a reduced charge as a powerful negotiating tool.

Can I get my case expunged or sealed?

Possibly. If your case was dismissed, you were acquitted, or you completed a pretrial diversion program, you may qualify for expunction. If you received deferred adjudication, nondisclosure (record sealing) may be available. We’ll help you understand your eligibility and guide you through the process.

How long will my case take?

It depends on the complexity of the case and the court’s schedule. Misdemeanor cases may resolve in a few months, while felonies can take a year or longer. Throughout the process, we’ll keep you updated and informed so there are no surprises.

What kind of sentences can I face if I’m convicted?

Penalties vary widely based on the type of offense and your criminal history. You could be looking at:

Class B misdemeanor: Up to 180 days in jail and a $2,000 fine
Class A misdemeanor: Up to 1 year in jail and a $4,000 fine
State jail felony: 180 days to 2 years in a state jail facility
Third-degree felony: 2 to 10 years in prison
Second-degree felony: 2 to 20 years
First-degree felony: 5 to 99 years or life
Capital felony: Life without parole or death
Enahncements and/or mandatory minimums based on prior criminal history or the nature of the current offense

We focus on avoiding or reducing penalties whenever possible, through winning at trial, negotiation, or alternative sentencing.

Is it worth fighting my charges if the evidence looks strong?

Yes. Even if the evidence seems stacked against you, there may be legal, factual, or procedural defenses that can weaken the case. Prosecutors don’t always have airtight cases, and sometimes reducing a charge is just as valuable as beating it entirely.

Serving San Marcos, Hays County, and Surrounding Communities

Whether you’ve been arrested in San Marcos, Hays County, or elsewhere in Texas, The Law Offices of David C. Hardaway is here to help. Our office is conveniently located just minutes from the San Marcos Regional Airport and easily accessible from major highways.

Take Action Now — The Sooner, the Better

Every hour that passes after an arrest can affect your case. Evidence can disappear. Witnesses can forget. And prosecutors start building their case right away. The sooner you involve a defense attorney, the better your chances of a favorable outcome. Let The Law Offices of David C. Hardaway take over the legal burden so you can focus on what matters — your life, your family, and your future.

If you’re facing criminal charges in San Marcos or anywhere in Hays County and beyond, don’t wait to get the help you need. Call our San Marcos criminal defense lawyer today or fill out our online contact form to schedule your initial consultation.

Your defense starts now. Let’s get to work.