Texas State University Student Defense Lawyer

A criminal charge while enrolled at Texas State University does not just put you at risk of jail time or fines. It puts your enrollment, your financial aid, your housing, and your academic future on the line simultaneously. The Hays County criminal justice system and the Texas State student conduct process run on separate tracks, and a conviction or even a pending charge can trigger disciplinary consequences that unfold independently of whatever happens in court. Students and their families searching for a Texas State University student defense lawyer need someone who understands both tracks and how to manage them together.

San Marcos sits in Hays County, and the Hays County courts are where most criminal charges against Texas State students get filed. The courthouse is minutes from campus. The District Attorney’s office handles felonies, and the County Attorney handles misdemeanors. These offices prosecute students regularly, and they do not extend leniency based on academic standing alone. An arrest for possession, assault, a fake ID, or a DWI can move through the system faster than a semester ends if you are not represented from the start.

The Law Offices of David C. Hardaway is based in downtown San Marcos, a short distance from campus and the Hays County courts. We work with students facing criminal charges who need a defense attorney who knows this courthouse, these prosecutors, and this community. We also understand the pressure that comes from knowing your college career may be affected before your case is even resolved.

Charges That Surface Most Often for Texas State Students

• Minor in Possession (MIP) and Alcohol Offenses: Texas law prohibits anyone under 21 from possessing or consuming alcohol. MIP charges are common at campus-area establishments on The Square, at off-campus apartment complexes, and at events along the San Marcos River corridor. A first MIP can result in fines, community service, and mandatory alcohol awareness education, but it also goes on a criminal record that must be disclosed to employers and graduate schools.
• Fake ID and Fraudulent ID Charges: Displaying or possessing a fraudulent driver’s license or ID card is a Class A misdemeanor in Texas, which carries potential jail time and a permanent record. Students caught with fake IDs at bars in downtown San Marcos or at alcohol retailers face more than a slap on the wrist.
• Drug Possession and Paraphernalia: Marijuana and other controlled substance possession charges remain common around campus. Texas prosecutes these aggressively regardless of what is happening in other states, and even small amounts of marijuana can be charged as a Class B misdemeanor. Penalty group drugs carry felony exposure. Paraphernalia charges often accompany possession charges and add separate counts to the case.
• DWI and Driving Under the Influence: Texas distinguishes between DWI (for adults, based on blood alcohol content or impairment) and Driving Under the Influence (a class C offense for minors with any detectable alcohol). Both appear on your record. A DWI conviction can suspend your driver’s license and affect your eligibility for certain scholarships or professional licensing programs you are working toward at Texas State.
• Assault and Affray: Disputes at off-campus parties, in residence hall areas, or at campus-adjacent bars can escalate quickly. Texas assault charges range from Class A misdemeanors to second-degree felonies depending on alleged injury and circumstances. Even a misdemeanor assault conviction carries collateral consequences for students in education, health sciences, criminal justice, or social work programs.
• Theft and Property Crimes: Retail theft charges, often arising from incidents at stores near campus along Wonder World Drive or I-35, can be prosecuted as misdemeanors or felonies depending on the dollar amount. Students charged with theft face both criminal court and potential university discipline under Texas State’s student conduct code.
• Sex Offense Allegations: These charges carry the most severe long-term consequences, including potential sex offender registration. Texas State also conducts parallel Title IX investigations, which can result in expulsion before or independent of any criminal outcome. Early legal intervention is particularly critical when both a criminal case and a campus investigation are running at the same time.

Why the Firm’s Position in San Marcos Matters for Students

Choosing a student defense attorney in San Marcos is not a generic decision. The Law Offices of David C. Hardaway operates out of downtown San Marcos, close to the Hays County courts and familiar with the district and county-level prosecution teams that handle student cases. Client reviews describe David Hardaway as someone who speaks plainly, stays reachable, and genuinely engages with the specifics of each case rather than treating clients as files to process. Clients have noted that he is “hard-working and responsive,” that he had “attention to detail” that made a real difference, and that he was honest about what was happening at every stage.

That kind of direct communication matters to students who are simultaneously managing coursework, staying enrolled, and trying to understand a legal process they have never navigated before. The firm serves clients across a wide Central Texas region including Hays, Comal, Caldwell, and Guadalupe Counties, meaning attorneys here handle the courts and prosecutors that actually file charges against Texas State students day after day. Clients have described getting cases dismissed after thorough investigation and seeing complex cases resolved favorably through strategic, disciplined work. That track record is relevant when you are trying to protect your future, not just resolve a court date.

What Happens When a Criminal Case and a Campus Conduct Case Run at the Same Time

Texas State University has its own student conduct process governed by its Code of Student Conduct and administered through the Dean of Students Office. When a student is arrested or alleged to have violated university policy, the university can initiate a conduct proceeding that is entirely separate from the criminal case. The university uses a preponderance of the evidence standard, not the reasonable doubt standard from criminal court, which means the outcome in one forum does not automatically control the other.

This dual-track reality creates specific strategic concerns. Statements a student makes during a university conduct investigation can potentially be used in ways that affect the criminal case. The sequence of proceedings matters. In some situations, it makes sense to seek a continuance of the university process while the criminal case is resolved or investigated. In others, a favorable criminal outcome can be used to influence the campus process. None of this happens automatically, and without a defense attorney who understands how both systems work, students often make decisions in one arena that hurt them in the other.

There are also financial aid implications to consider. Convictions for drug offenses can affect federal financial aid eligibility. A student who loses aid mid-semester due to a conviction faces consequences that ripple well beyond the courtroom. Housing assignments, scholarship conditions, and graduate school admission timelines all intersect with criminal charges in ways that general criminal defense attorneys who do not regularly work near college campuses may not fully appreciate.

What to Do If You or Your Student Has Been Arrested in Hays County

The Hays County Jail is where most Texas State students who are arrested will be processed. Arraignment and initial hearings for misdemeanor cases happen before Hays County judges. Felony cases are processed through the 22nd and 274th District Courts, which sit in the Hays County Courthouse in downtown San Marcos. If a case involves charges in a municipal court, the San Marcos Municipal Court handles Class C misdemeanor matters such as minor traffic offenses and minor alcohol violations that are filed under city ordinance.

The most important immediate step is to say as little as possible to law enforcement. Politely declining to answer questions beyond providing identification is legal and often strategically important. Statements made at the time of arrest or during subsequent questioning are part of the evidence in your case. Contacting a defense attorney in San Marcos as soon as possible, before speaking with investigators or university officials, gives you the best opportunity to shape how the case develops from the beginning.

Document everything you remember as quickly as possible. Dates, times, locations, names of people present, what was said, what happened. Text messages, photos, and social media posts that are relevant to the incident should be preserved rather than deleted. Courts have become increasingly attentive to spoliation of evidence, and deleting potentially relevant content can create additional problems.

One common mistake students make is assuming a minor charge will resolve itself or that cooperation with university investigators will help them in criminal court. The two processes do not reward the same conduct. Understand that anything you say in a university hearing can potentially be documented and referenced in ways that affect your legal case. Talking with a Texas State student defense attorney before participating in either process gives you clarity on how to handle both.

Questions Students and Parents Ask About Criminal Charges in San Marcos

Can a criminal charge get me expelled from Texas State University?

Not automatically, but it can lead to expulsion through the university’s conduct process. Texas State can impose sanctions including suspension or expulsion based on its own investigation, and those outcomes are not dependent on what happens in criminal court. A pending criminal charge alone can be enough to trigger a university conduct review, particularly for offenses involving violence, weapons, or sexual misconduct.

What is the difference between a dismissal and a deferred adjudication in Texas?

A dismissal means the charge is dropped and no conviction is entered. Deferred adjudication is a type of probation where a judge defers finding you guilty while you complete community supervision requirements. If you complete those requirements successfully, the case is dismissed without a formal conviction, but the charge may still appear on background checks unless you seek an order of nondisclosure afterward. Both outcomes are preferable to a conviction, but they are not the same thing.

Will a drug conviction affect my financial aid?

Federal law can affect a student’s eligibility for Title IV federal financial aid following a drug conviction that occurred during a period of enrollment when the student was receiving aid. The specifics depend on whether the conviction was for possession or distribution and how many offenses are involved. This is a real and underappreciated consequence that can force students to pause or leave school entirely.

If I was arrested but not convicted, will the arrest appear on background checks?

In Texas, arrests that do not lead to convictions generally appear on criminal history records unless you pursue expunction. An expunction removes the record of the arrest from public databases. The eligibility rules for expunction are specific, and not every outcome qualifies. This is one reason why the manner in which your case is resolved matters as much as the outcome itself.

How long does a misdemeanor case in Hays County typically take?

Misdemeanor cases in Hays County can resolve anywhere from a few weeks to many months depending on court docket, the complexity of evidence, and whether plea negotiations are involved. Cases that go to trial take considerably longer. A student who is hoping to resolve a case before financial aid renewal, graduation, or a professional program application deadline should raise that timeline with their attorney early so strategy can account for it.

Can I be charged with assault if the other person started the fight?

Yes. Texas law does recognize self-defense as a justification for conduct that would otherwise constitute assault, but that defense must be affirmatively raised and supported by evidence. The fact that someone else initiated contact does not automatically prevent a charge from being filed, and police at the scene often make arrests without fully investigating who started a confrontation. Building a self-defense case requires documentation, witness accounts, and often a careful review of any surveillance footage from the location.

What happens if I have a pending criminal case and I want to transfer to another university?

Most universities require disclosure of criminal history and pending charges as part of the transfer application. A pending case that has not yet been resolved can complicate admission at other institutions. Some schools automatically defer admission decisions until a case is resolved. This is another reason why the resolution strategy for a student’s case must account for their broader academic goals, not just the immediate courtroom outcome.

Does a DWI affect my ability to get a professional license after graduation?

It depends on the license. Texas licensing boards for nursing, teaching, law, pharmacy, and other professions have their own character and fitness review processes. A DWI conviction is disclosable and can result in delays, conditional licensing, or denial depending on the board’s standards and the facts surrounding the offense. Students in health sciences, education, or other licensed professions at Texas State should understand that the professional licensing consequences of a DWI can outlast any court-imposed penalty.

Can my parents be notified of my arrest even if I am over 18?

Under FERPA, universities generally cannot disclose student records without consent, but an arrest is a public record, not a student education record. The university’s conduct process may have separate notification rules for students under 21 in certain alcohol-related situations. Whether and how parents are informed varies depending on the charge and the university’s specific policies at the time of the incident.

Is it worth hiring a lawyer for a Class C misdemeanor charge in San Marcos?

Often, yes. Class C misdemeanors like certain minor alcohol offenses and public intoxication charges carry no jail time but do result in a criminal record that appears on background checks. For students heading into competitive job markets, professional licensing processes, or graduate programs, even a minor record can create obstacles. An attorney can often work toward deferred dispositions, dismissal, or outcomes that preserve the ability to seek expunction, which a student handling the case alone may not know to pursue.

Serving Texas State Students and Families Across Central Texas

The Law Offices of David C. Hardaway represents students and families throughout the San Marcos area and across Central Texas. Within San Marcos itself, this includes students living in campus residence halls, off-campus apartments in neighborhoods south of Sessom Drive, along the Guadalupe Street corridor, and in the complexes that line the I-35 frontage roads north and south of campus. Clients also come from Kyle and Buda to the north, and from communities in the southern Hays County area closer to the Comal County line near New Braunfels.

The firm’s reach extends east through Caldwell County to Lockhart and into Guadalupe County communities including Seguin, Schertz, and Cibolo. Students attending or transferring through programs in the Austin metropolitan area, including Round Rock and Cedar Park to the north, are also within the firm’s regular service area. Clients traveling from Fredericksburg, Llano, and the Highland Lakes region have access through the firm’s additional office locations in those communities. Across this entire region, the firm handles criminal defense matters in the district and county courts that serve these communities, including the courts where Texas State student cases are filed and resolved.

Talk to a Texas State University Student Defense Attorney Before Your Case Moves Forward

A charge filed while you are enrolled at Texas State moves on the court’s schedule, not yours. Waiting to contact a Texas State University student defense attorney until a court date is approaching often limits your options. Earlier involvement allows for investigation while evidence is fresh, for contact with prosecutors before positions harden, and for coordinating your legal strategy with the university conduct timeline if that process is also underway.

The Law Offices of David C. Hardaway offers direct, straightforward consultation for students and families dealing with criminal charges in San Marcos, Hays County, and throughout Central Texas. You will hear an honest assessment of your situation and a clear explanation of your options. Call our office to schedule your confidential consultation and get answers from a team that knows these courts and treats your case with the attention it deserves.