Skip to Content
San Marcos Attorneys With a Record of Success
Contacta con nosotros 512-846-9966
Hays County Criminal Defense

Hays County Criminal Defense Attorney 

Compassionate, Driven Legal Counsel for Those Facing Criminal Allegations

The Law Offices of David C. Hardaway relentlessly pursues a favorable outcome on our clients’ behalf. Our criminal defense attorneys understand how frightening it can be arrested and face criminal charges, which is why we offer comprehensive and sound legal counsel and are committed to being there for you every step of the way. 

With a reputation for delivering high-quality legal services, our attorneys are committed to protecting your rights and your future. We understand the gravity of what's at stake and the profound impact a criminal charge can have on your life. That's why we bring our best to the table in every criminal case we handle.

Contact our law firm online or via phone at (512) 846-9966 to schedule a consultation with our criminal defense attorney in Hays County, TX. 

Types of Cases We Handle

Founded by Attorney David C. Hardaway in 2010, our law firm has a decade-long track record of standing up for the accused. No case is too complex or too challenging for us. 

Our team of dedicated Hays County lawyers handle a broad spectrum of criminal cases, including: 

On What Grounds Can a Criminal Case Be Dismissed in HAYS cOUNTY, Tx?

One of the most favorable outcomes for a defendant is having their case dismissed. However, achieving a dismissal is not a simple task.

It's important to note that in Texas, only judges and attorneys have the authority to dismiss charges. A prosecutor can file a motion to dismiss, which the judge can approve or deny. Similarly, a Hays County defense attorney can file a motion to dismiss for distinct reasons, but the final decision rests with the judge.

In Texas, there are several potential grounds for dismissing a criminal defense case. These include but are not limited to:

  • Insufficient evidence. This is one of the most common grounds for dismissal. If the prosecution cannot provide enough evidence to prove beyond a reasonable doubt that the defendant committed the crime, the case may be dismissed. For instance, if an alleged victim recants or witnesses are uncooperative, the defense can argue that the prosecution lacks the evidence to substantiate the charges. 
  • Violation of constitutional rights. If it's proven that the defendant's constitutional rights were violated during the arrest or investigation, such as an unlawful search and seizure, the case could be dismissed.
  • Improper criminal complaint or charging document. If there are errors or omissions in the charging document that affect the defendant's ability to prepare a proper defense, this could lead to a dismissal.
  • Statute of limitations. Most crimes have a statute of limitations, which is a deadline by which charges must be filed. If the prosecution files charges after this period has expired, the case can be dismissed.

Hays County attorneys employ various strategies to seek a dismissal. They might challenge the sufficiency of the evidence, question the legality of the arrest or search, or contest the validity of the charging document. These strategies often require filing pretrial motions, such as: 

  • a motion to suppress evidence, 
  • a motion to dismiss due to insufficient evidence, or 
  • a motion to dismiss for violation of the right to a speedy trial.

Should You Accept a Plea Deal or Go to Trial? 

A plea bargain is a mutually agreed upon deal between a defendant and a prosecutor. It involves the defendant admitting guilt to a crime in return for certain benefits from the prosecution. These benefits can include a decrease in charges, a lighter sentence, or the dropping of certain charges.

While there are many benefits to accepting a plea bargain including avoiding the uncertainty and cost of trial, there can also be drawbacks, including;

  • Admission of guilt. By accepting a plea deal, a defendant admits guilt to a crime. This admission can have long-term consequences, particularly regarding employment or housing opportunities.
  • Criminal record. A plea deal results in a criminal record, which can impact many aspects of a defendant's life, from job prospects to voting rights.
  • Risk of coercion. There's a risk that defendants, especially those without competent legal representation, may feel pressured into accepting a plea deal that isn't in their best interest.

Deciding whether to accept a plea deal is a weighty decision. 

Here are a few factors to consider:

  • Legal advice. Always consult with a knowledgeable defense attorney who can provide insight based on your specific circumstances.
  • Evidence. Consider the strength of the prosecution's evidence. A compelling case might sway you towards accepting a plea deal.
  • Potential penalties. Understand the potential penalties you face if convicted at trial versus the terms of the plea deal.

Get Started on Your Defense Case in Hays County Today

At The Law Offices of David C. Hardaway, we don't just represent you; we fight for you. Our approach to criminal defense is anchored in a deep understanding of the law, tenacity, and compassion. We believe that every individual deserves a fair fight, and we champion this cause relentlessly. 

Schedule a free case consultation with our Hays County defense attorneys today by calling (512) 846-9966.

Hear From Past Clients

Reviews & Testimonials
    “David and his team do outstanding work”
    “He was able to achieve the outcome I was hoping for and I couldn't be happier with my overall experience with his office. I highly recommend Mr. Hardaway and his team to anyone seeking excellent legal counsel.”
    - Robert R.
    “Mr. Hardaway went above and beyond all expectations that I and my husband had”
    “He made us feel at ease with everything that was happening and let us know that whatever we decided to do he would be there to help us.”
    - Yoli R.
    “He was there for any questions I may of had and always spoke to me straight.”
    “Fingers crossed I never need representation again but I highly recommend Mr. Hardaway for anyone who does!”
    - Chad Y.
    “I truly don’t have the words of how thankful I am for David and his team”
    “I’m genuinely grateful for having them represent me and for everything they’ve done for me. They are truly great as lawyers and as people.”
    - Karen S.
    “If you are in need of a lawyer, David is your guy”
    “David will be a call away for any questions or concerns you may have and he will undoubtedly assure your safety.”
    - Josh M.
    “I was always able to get ahold of David when needed”
    “Him and his staff/team were also very polite and sensitive to the subject pertaining to my situation.”
    - Robb M.
    “I can’t put into words how hard working, and responsive David and his team are”
    “I had a pretty complex case but he got me off, he can really make a difference for the better and make the rest of your life easier.”
    - Edward G.

Our Settlements & Verdicts

Recent Case Victories

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • Not Guilty Assault - Bodily Injury, Family Violence
  • Not Guilty Driving While Intoxiced, 2nd Charge: .19 blood alcohol level
  • Not Guilty Assault - Bodily Injury, Family Violence
  • Not Guilty Aggravated Assault with a Deadly Weapon (3 counts)
  • Not Guilty Driving While Intoxicated

Contact The Law Offices of David C. Hardaway Today!

We’re Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • 24/7 Accessibility
    Each of our clients is given the personal cell phone number of their attorney so that they can reach us anytime, anywhere. And yes, we will answer our phones in the middle of the night.
  • Honesty
    We tell clients what they need to hear, not what they want to hear. This way, our clients know where they really stand in their case and their options for moving forward. We will also not convince someone to hire our firm when we know we cannot help them.
  • Payment Plans

    Our clients put a lot of trust in our team, and we like to return the favor. If you cannot pay the entire fee upfront, that is okay. You tell us what you can pay and when, and we will hold you to it.

  • Results

    Results matter, and we are proud of the results we have been able to deliver. We fight hard for our clients, and the outcomes of their cases reflect that. With that said, every situation is different. Request a consultation today so that we can give you an honest assessment of your case.