Hays County Felony Lawyer

A felony charge in Hays County is not a situation that resolves itself with time or goodwill. The moment an arrest happens, the machinery of the Texas criminal justice system begins moving forward, and the decisions made in the first hours and days can shape everything that follows. Whether the charge involves a drug offense, an assault allegation, a theft crime, or something more serious, the gap between a conviction and a dismissal often comes down to how early and how thoroughly the defense gets organized. The Law Offices of David C. Hardaway represents people charged with felony offenses throughout Hays County, bringing the kind of focused preparation that these charges actually require.

Texas felonies span a wide range of severity, from state jail felonies that carry sentences measured in months to first-degree felonies that can result in decades of imprisonment. The punishment ranges are only part of the picture. A felony conviction follows a person through background checks, professional licensing applications, child custody evaluations, and employment decisions for the rest of their life. Understanding what you are actually facing, what the evidence looks like, where the prosecution is weak, and what procedural options exist requires someone who handles this type of work regularly and knows how the 22nd Judicial District Court in Hays County operates in practice.

For anyone currently navigating a Hays County felony lawyer search, the most important thing to know is that competent representation at the earliest possible stage of the case consistently produces better outcomes than getting help after arraignment or closer to trial. Call The Law Offices of David C. Hardaway to discuss your case directly and get a clear picture of where things stand.

What Felony Charges in Hays County Actually Look Like

Hays County has seen significant population growth along the I-35 corridor, with San Marcos, Kyle, and Buda each expanding rapidly over the past decade. That growth has come with increased law enforcement activity, more traffic stops, more drug investigations, and more situations where people end up facing felony charges, sometimes over incidents that were poorly understood or mishandled by investigators. The Hays County Sheriff’s Office, the San Marcos Police Department, the Kyle and Buda police departments, and DPS troopers operating on I-35 all funnel felony arrests into the same court system, and understanding how each agency builds its cases matters when it comes time to challenge the evidence.

Felony cases in Hays County are heard in the district courts in San Marcos. The 22nd and 207th District Courts handle the bulk of felony criminal matters for the county. Grand jury proceedings happen here, plea negotiations happen here, and trials happen here. Familiarity with how these courts operate, what local prosecutors prioritize, and what local judges expect from motion practice and pretrial proceedings is not a minor detail. It is part of what separates a defense that actually engages with the case from one that simply goes through the motions.

Felony Charges We Defend Throughout Hays County

• Drug Possession and Distribution: Charges ranging from state jail felony possession to first-degree delivery offenses, often arising from traffic stops on I-35 or from investigations involving controlled substances including methamphetamine, cocaine, fentanyl, and prescription medications, governed by the Texas Health and Safety Code.
• Felony DWI: A third DWI offense elevates to a third-degree felony under Texas law, as does any DWI involving a child passenger. Felony DWI charges carry enhanced penalties and require careful examination of prior conviction records, breath or blood test procedures, and the legality of the initial stop.
• Assault and Aggravated Assault: Assault becomes a felony when it involves a family member with a prior family violence conviction, a public servant, or causes serious bodily injury. Aggravated assault with a deadly weapon is a second-degree felony that can elevate to first-degree depending on the relationship between the parties or the circumstances.
• Theft and Robbery: Felony theft in Texas is triggered by the value of the property alleged to have been taken, and robbery charges, including aggravated robbery, carry serious consequences under the Texas Penal Code that can include mandatory minimum sentences.
• Human Smuggling: A charge that has become increasingly common in Hays County given the county’s location along a major corridor. These cases are aggressively prosecuted and require defense that addresses both the factual circumstances and the legal framework governing transportation and harboring offenses.
• Sex Offenses: Charges involving sexual assault, indecency, or exploitation carry not only imprisonment but also mandatory sex offender registration requirements that affect where a person can live and work long after any sentence is served.
• Burglary and Property Crimes: Burglary of a habitation is a second-degree felony in Texas, while burglary of a building or vehicle can be a state jail felony. These cases often turn on questions of intent and identity, both of which can be challenged with the right investigation.

How Strong Felony Defense Actually Gets Built

The foundation of any serious felony defense is the investigation that happens before any courtroom strategy gets finalized. Police reports capture what investigators decided to document, not necessarily what actually occurred. Witness statements get taken under pressure and under circumstances that introduce inaccuracy and bias. Physical evidence gets collected, stored, and tested in ways that may or may not have followed proper protocol. A defense that only reviews what the prosecution hands over in discovery is working with a truncated picture of what actually happened.

At The Law Offices of David C. Hardaway, felony cases get examined from the ground up. That means reviewing the facts of the incident independently, evaluating whether the search that produced the evidence was constitutionally sound, looking at whether the traffic stop that led to the arrest met the legal threshold required by Texas and federal law, and identifying whether any statements made by the defendant were taken in compliance with applicable rights. Motions to suppress evidence are among the most powerful tools available in felony defense, and they require detailed factual development and legal argument to succeed. A suppressed piece of evidence can fundamentally change the prosecution’s ability to go forward.

Plea negotiations in Hays County felony cases are also more complex than they might appear. What gets offered early is rarely what the prosecution’s final position is, and how a case is framed in negotiations, what evidence is presented to the prosecutor, and what legal arguments are raised during the pretrial period all affect what kind of offer comes across the table. Clients who understand what their case is actually worth from a legal standpoint, rather than accepting the first number offered, consistently end up in better positions. That kind of informed approach requires a felony defense attorney in Hays County who is willing to do the underlying work rather than push toward a quick resolution.

What to Do After a Felony Arrest in Hays County

After an arrest, the first hearing in a Hays County felony case is typically an arraignment or a magistration hearing, where bail is set and the defendant is formally advised of the charges. This is not a formality. The bail amount set at this stage has immediate practical consequences, and having legal representation at or before this stage can affect whether a person sits in the Hays County Jail or goes home to their family while the case proceeds. The Hays County Adult Detention Center is located in San Marcos, and understanding how to efficiently navigate that system matters when time is critical.

Do not speak to investigators or law enforcement after an arrest without first consulting an attorney. This applies even if you believe you have nothing to hide, even if the questions seem routine, and even if the officer suggests that cooperation will help your case. Statements made after an arrest are frequently used by the prosecution in ways that were never anticipated by the person making them. Invoke your right to counsel clearly and immediately, and then stop talking.

Document everything you remember about the incident as soon as possible, while details are fresh. Write it down privately, not in a text or email. Note the names of any witnesses who were present, the sequence of events as you experienced them, and any relevant circumstances that preceded the incident. This information is for your attorney, not for anyone else. Preserve any physical evidence, photographs, or electronic records that may be relevant to your case, and avoid discussing the case on social media or with people who may later be called as witnesses.

Contact a Hays County felony attorney before the grand jury process begins if possible. In Texas, felony charges are either presented to a grand jury for indictment or, in some cases, pursued by information. Grand jury proceedings in Hays County happen in the district courts in San Marcos, and there are sometimes opportunities to provide information to the grand jury through counsel that can affect whether an indictment is returned at all. Missing that window is a common and costly mistake.

Why Clients Choose The Law Offices of David C. Hardaway for Felony Defense

Clients who have worked with The Law Offices of David C. Hardaway consistently point to the same things: direct communication, honest assessments of where their case actually stands, and a level of personal attention that did not disappear after the initial consultation. Clients describe being able to reach David Hardaway when they needed to, getting straight answers rather than reassurances, and feeling that their case was being actively worked rather than managed in a queue. In a practice area where the difference between thorough preparation and surface-level attention can be measured in years of a person’s life, that approach is not incidental. It is central to the work.

The firm handles felony matters across the full spectrum of severity, from state jail felonies to first-degree charges, and across a wide range of offense categories including DWI, drug crimes, violent offenses, property crimes, sex offenses, and human smuggling. Client reviews reflect case outcomes that ranged from dismissals to reduced charges, achieved through investigation, motion practice, and disciplined negotiation. The firm’s offices in downtown San Marcos place it steps from the Hays County courthouse, with direct familiarity with the courts, prosecutors, and procedures that govern felony cases in this jurisdiction. That proximity is not just geographic. It reflects where the firm actually does its work.

Questions People Ask About Felony Charges in Hays County

What is the difference between a state jail felony and a third-degree felony in Texas?

State jail felonies are the lowest category of felony in Texas and carry a potential sentence of 180 days to two years in a state jail facility, not a prison, along with potential fines. Third-degree felonies are more serious, carrying a range of two to ten years in prison. The distinction matters because it affects punishment ranges, parole eligibility, and long-term collateral consequences including which rights are affected upon conviction.

Can a felony charge in Hays County be reduced to a misdemeanor?

Yes, in some circumstances. Prosecutors in Hays County have discretion to offer plea agreements that reduce a felony to a misdemeanor, particularly for state jail felonies or in cases where the evidence is weak or the defendant has no prior record. Whether a reduction is available and on what terms depends heavily on the specific charge, the facts of the case, and how the defense has positioned the case through pretrial proceedings.

Will I lose my right to own a firearm if I am convicted of a felony in Texas?

Under both Texas and federal law, a felony conviction results in the loss of the right to possess a firearm. Texas law does provide a limited restoration pathway after a waiting period following release from supervision, but federal law imposes stricter restrictions that may not align with state law restoration. This is one of many collateral consequences that make the resolution of a felony charge far more significant than just the sentence itself.

How does a felony charge affect a professional license in Texas?

Many Texas licensing boards, including those overseeing nursing, teaching, law, real estate, and contracting, have independent authority to discipline or revoke licenses based on criminal charges or convictions, sometimes even before a conviction occurs. Some boards require self-reporting of charges. How a felony case is resolved, including whether it results in deferred adjudication rather than a conviction, can significantly affect the outcome of any licensing board proceeding.

What is deferred adjudication and how does it work for felony cases in Texas?

Deferred adjudication is a form of probation in which a guilty plea is entered but the court withholds a formal finding of guilt. If the person successfully completes the deferred probation period, the case does not result in a conviction. However, the arrest and the deferred adjudication remain on the record and can be seen in background checks. For certain offenses, particularly sex offenses, deferred adjudication does not avoid the requirement to register. It is not a perfect solution, but it is a meaningful one in the right circumstances.

How long does a felony case typically take to resolve in Hays County?

Timelines vary considerably depending on the complexity of the charges, the volume of evidence, and whether the case goes to trial. Many felony cases in Hays County take several months from arrest to resolution, and cases that involve contested evidence or are set for trial can take considerably longer. The grand jury indictment process itself adds time to the early stages of many cases. Working with a felony defense attorney in Hays County who actively manages the timeline can prevent unnecessary delays and ensure that critical deadlines are not missed.

Can anything be done about a felony charge if the police made mistakes during the investigation?

Yes. Constitutional violations, including unlawful searches, improper stops, or violations of Miranda rights, can result in the suppression of evidence gathered through those violations. If the suppressed evidence is central to the prosecution’s case, the charge may not be sustainable. This is one of the most powerful tools available in felony defense and one that requires careful legal and factual analysis of the investigation to identify and exploit effectively.

What happens to a non-citizen who is convicted of a felony in Hays County?

A felony conviction can have severe immigration consequences, including deportation, inadmissibility, and the permanent bar from obtaining certain immigration benefits. These consequences are separate from and in addition to the criminal sentence. For non-citizen clients, resolving a felony charge requires considering both the criminal law outcome and the immigration implications simultaneously, which is why the early involvement of defense counsel is especially important in these cases.

Is it possible to get a felony arrest record sealed or expunged in Texas?

Expunction in Texas is available in limited circumstances, primarily for charges that were dismissed, resulted in acquittal, or were no-billed by a grand jury. Convictions, including deferred adjudication in most cases, are generally not eligible for expunction. An order of nondisclosure, which seals the record from public view, may be available for some deferred adjudication outcomes after the waiting period required by Texas law. Whether any record relief is available depends on the specific charge and outcome, and this analysis should be part of planning the resolution of any felony case.

Do I have to appear at every court date for a felony case in Hays County?

Generally yes. Felony defendants in Texas are required to appear at court hearings unless excused by the court. Failing to appear can result in a bond forfeiture and the issuance of a warrant for arrest. In some limited circumstances, and for specific types of hearings, an attorney may be able to appear on a client’s behalf, but this varies by judge and by the nature of the proceeding. Your attorney should keep you informed of every scheduled date and what is expected of you at each stage.

Hays County Felony Defense Representation Across the Region

The Law Offices of David C. Hardaway defends clients facing felony charges throughout Hays County and the surrounding communities of Central Texas. In Hays County, the firm regularly represents clients from San Marcos, Kyle, Buda, Wimberley, Dripping Springs, Uhland, Martindale, Mountain City, Niederwald, and Woodcreek. Beyond Hays County, the firm’s representation extends north to Austin and Round Rock in Travis and Williamson Counties, south through New Braunfels and Seguin in Comal and Guadalupe Counties, and east to Lockhart in Caldwell County. Clients in Schertz, Cibolo, and the communities along US 90 and Loop 1604 also receive felony defense representation from this firm. The firm’s offices in Fredericksburg serve clients throughout Gillespie County and the broader Hill Country region, including Kerrville and Kerr County, while the Brenham office handles cases in Washington County and the surrounding area. Wherever a client is located in Central Texas, the firm brings the same level of preparation and engagement to their case.

Speak With a Hays County Felony Attorney About Your Case

A felony charge in Hays County demands a response that is proportional to what is actually at stake. The Law Offices of David C. Hardaway has built its criminal defense practice around direct client communication, thorough case investigation, and the kind of courtroom and pretrial preparation that produces results. Clients do not get passed off to staff or left to wonder where their case stands. They get a Hays County felony attorney who engages with the facts, challenges the evidence, and works toward the best possible outcome from the first day of representation.

Contact The Law Offices of David C. Hardaway to schedule a confidential consultation. The sooner the defense gets organized, the more options remain on the table.