Travis County Criminal Defense Lawyer

Travis County courts are not forgiving, and the Austin criminal justice system moves quickly once charges are filed. Whether you were arrested on Sixth Street, pulled over on I-35, or picked up following an incident near the University of Texas campus, the decisions you make in the first hours and days after an arrest will shape everything that follows. A Travis County criminal defense lawyer at The Law Offices of David C. Hardaway understands what prosecutors in this jurisdiction are looking for, how judges in the 390th, 403rd, and other district courts handle different charge types, and what it actually takes to build a defense that produces results.

Austin has grown dramatically over the past decade, and that growth has brought increased law enforcement activity across Travis County, from the densely populated urban core to the eastern suburbs and the Hill Country communities to the west. The Travis County District Attorney’s Office has also grown more sophisticated in how it builds and prosecutes cases. That reality means your defense needs to match the level of preparation the prosecution brings to the table.

David Hardaway and his team represent clients across the full range of criminal charges, from misdemeanors in Austin Municipal Court to serious felonies in Travis County District Court. The focus is always the same: understand the specific facts, challenge the weaknesses in the state’s case, and fight for the outcome that protects your life beyond the courtroom.

What Charges Travis County Criminal Defense Clients Face Most Often

• DWI and Intoxication Offenses: Texas law prohibits operating a vehicle with a blood alcohol concentration of 0.08 or higher, but DWI arrests also occur based on officer observations alone, regardless of chemical test results. Travis County sees a high volume of DWI arrests on weekend nights along the entertainment corridors downtown, on South Congress, and near the Domain area, and penalties escalate sharply for repeat offenses, high BAC readings, or the presence of a child passenger.
• Drug Possession and Distribution: Possession charges in Travis County range from Class B misdemeanors for small amounts of marijuana under certain circumstances to first-degree felonies for larger quantities of controlled substances or allegations of delivery. The type of drug, the amount, and whether law enforcement claims distribution intent all drive how the charge is filed and how aggressively it is prosecuted.
• Assault and Family Violence: Assault charges in Travis County frequently arise from domestic incidents, and a family violence finding on a conviction carries consequences that extend beyond the criminal sentence, including firearm restrictions and immigration implications. Austin police are trained to make arrests in family violence calls even when the alleged victim does not want charges filed, which means prosecutors often proceed without cooperative complaining witnesses.
• Theft and Property Crimes: From shoplifting at one of Austin’s major retail corridors to felony burglary charges, Travis County prosecutors treat property crime cases with real resources. The value of the alleged theft determines whether the charge is a misdemeanor or felony, and prior theft convictions can elevate charges significantly.
• Sex Offenses: These charges carry consequences that follow a person indefinitely, including mandatory sex offender registration, restrictions on where a person can live and work, and severe social stigma. Early, strategic intervention before charges are formally filed, or immediately after arrest, can make a critical difference in how these cases unfold.
• Violent Crimes: Aggravated assault, robbery, and other violent felonies are prosecuted aggressively in Travis County. These cases often turn on witness credibility, surveillance footage, and forensic evidence, all of which need to be examined and challenged before the state builds its narrative at trial.
• Crimes Involving University of Texas Students: Campus proximity means a significant number of arrests involve UT students. A conviction, or even a pending charge, can trigger academic disciplinary proceedings, affect financial aid eligibility, and follow a student into their professional career. Handling these cases requires an understanding of both the criminal process and the parallel university conduct system.

Why David Hardaway’s Firm Serves Travis County Clients Well

The Law Offices of David C. Hardaway is headquartered in downtown San Marcos, well positioned along the I-35 corridor between Austin and San Antonio. That location has given the firm deep familiarity with how Central Texas courts operate, including the Travis County courts that handle cases originating in Austin and the surrounding communities. The firm’s clients have described David Hardaway as someone who speaks plainly, stays accessible, and does not leave people guessing about what is happening in their case. One client noted that he was “always able to get ahold of David when needed” and that the team was “very polite and sensitive to the subject.” Another described getting a case dismissed rather than settling for a conviction, crediting the firm’s investigation and attention to detail.

For someone navigating Travis County’s criminal justice system, those qualities matter. Courts in Austin move, prosecutors are organized and resourced, and defendants who are not kept informed about their case often make decisions that hurt them. Working with a Travis County criminal defense attorney who communicates consistently and prepares thoroughly is not a luxury. It is what determines whether a case ends with a conviction or something better.

The firm handles DWI, drug offenses, assault, violent crimes, sex crimes, property crimes, and human smuggling cases across Central Texas. That breadth of experience reflects something important: the tactics that work in one type of case, motion practice, evidence challenges, negotiation leverage, often apply across charge types in ways that a narrower practice cannot replicate.

What to Do After an Arrest in Travis County

After an arrest in Travis County, the first priority is to stop talking to law enforcement. This is not about being uncooperative. It is about the fact that anything said to an officer, a detective, or even a jail employee can be used to build the state’s case. Invoke your right to remain silent, state clearly that you want a lawyer, and wait. Do not explain yourself, do not try to talk your way out of the situation, and do not consent to searches.

Once you are able to make contact with someone, reach out to a criminal defense attorney immediately. The period between arrest and arraignment matters because it affects bail decisions, evidence preservation, and sometimes whether charges are filed at all. In Travis County, most criminal cases funnel through the Travis County Criminal Justice Center at 509 West 11th Street in Austin. Felony cases are handled in the district courts located in that complex, while most misdemeanors go through the County Courts at Law. Municipal court handles Class C misdemeanors originating from Austin Police Department arrests.

Document everything you can remember about the circumstances of your arrest, where you were, what officers said, what they did, whether any consent was given or demanded, and who witnessed what. This information helps your defense attorney identify suppression issues early. If the arrest involved a vehicle stop, preserve any dashcam or parking lot footage that might have captured what happened before police body cameras were activated. That footage disappears quickly if it is not requested and preserved.

Travis County has a formal magistration process for newly arrested individuals. A magistrate will advise you of your charges and set an initial bond. Bail decisions in Travis County consider the nature of the charge, your criminal history, and community ties. An attorney involved early in the process can sometimes influence bond conditions, which affects whether you are sitting in jail while your case is pending or living your life and actively participating in your own defense.

How Travis County Prosecutors Build Criminal Cases, and Where Defense Opportunities Arise

The Travis County District Attorney’s Office assigns cases to dedicated divisions handling violent crimes, family violence, DWI, and other categories. Prosecutors in specialized divisions understand the evidence patterns in their case types well. That level of institutional knowledge is part of why having a criminal defense attorney in Travis County who has seen those patterns from the defense side carries real value.

Cases that look solid on paper often have serious problems when the underlying evidence is examined carefully. DWI cases turn on the reliability of field sobriety tests, the calibration history of breathalyzer equipment, and whether the traffic stop was constitutionally valid in the first place. Drug cases frequently involve Fourth Amendment issues around searches of vehicles, homes, or persons. Assault cases often depend entirely on the credibility of witnesses whose accounts may be inconsistent, incomplete, or influenced by the dynamics of an ongoing relationship.

Texas law gives defendants meaningful rights to challenge evidence before trial through pretrial motions. A well-researched motion to suppress evidence, if granted, can gut a prosecution entirely. Even in cases where suppression is not available, early defense investigation creates leverage in plea negotiations that changes the trajectory of what the state is willing to offer. The Travis County criminal defense attorney who files motions, pushes back on weak evidence, and demonstrates courtroom credibility forces prosecutors to evaluate cases differently than they would against someone who is simply waiting to take whatever deal is offered.

Questions About Travis County Criminal Cases

What happens at a Travis County arraignment?

At arraignment, you are formally advised of the charges against you and given the opportunity to enter a plea. In Travis County felony cases, arraignment typically takes place in one of the district courts at the Criminal Justice Center. Most defendants enter a not guilty plea at arraignment regardless of the ultimate direction of the case, because this preserves time for investigation and negotiation. Entering any other plea at this stage is almost never advisable without first having a thorough conversation with your attorney.

Can I get a charge dismissed before trial in Travis County?

Yes, and it happens more frequently than most people realize. Dismissals occur when prosecutors determine the evidence is insufficient, when a key witness becomes unavailable or uncooperative, when successful suppression motions eliminate the state’s primary evidence, or when a defendant completes a pretrial diversion program. The strength of the defense investigation and the skill of the attorney in identifying and pressing these issues determines how often a dismissal is realistically achievable.

Does Travis County have a pretrial diversion program?

Travis County does offer diversion options for certain eligible defendants, particularly for first-time, nonviolent offenses. Eligibility depends on the specific charge, criminal history, and other factors evaluated by the DA’s office. Successful completion of diversion can result in charges being dismissed, which avoids a conviction on your record. An attorney can evaluate whether you qualify and help navigate the application process.

Will a conviction in Travis County affect my driver’s license?

Certain convictions, particularly DWI, do carry license consequences administered through the Texas Department of Public Safety. A DWI arrest also triggers a separate administrative license revocation process with its own deadlines. You have a limited number of days after a DWI arrest to request a hearing to contest the suspension. Missing that deadline results in an automatic suspension. This is one of the reasons why contacting an attorney immediately after a DWI arrest, not after your first court date, is so important.

How long does a Travis County felony case typically take?

Felony cases in Travis County routinely take anywhere from several months to well over a year from arrest to resolution, depending on the complexity of the charge, the court’s docket, and how actively both sides are litigating. Cases with serious charges, multiple witnesses, or forensic evidence take longer because they require more investigation and motion practice. The timeline is not something to try to rush; thorough preparation almost always produces better outcomes than pressure to resolve quickly.

What are the consequences of a family violence finding in Texas?

A family violence finding, which can appear on a conviction for assault or other offenses where the parties have a domestic relationship, carries consequences beyond the criminal sentence. It triggers federal restrictions on firearm possession, can affect immigration status, and may be used to enhance future domestic offense charges. Courts can also impose protective orders as part of the sentence. These collateral effects make family violence cases ones where early, informed defense planning is especially important.

Can a Travis County criminal charge affect my professional license?

Yes. Texas licensing boards for professions ranging from nursing and medicine to law, teaching, real estate, and many others have their own processes for evaluating criminal charges and convictions. Some boards require self-reporting of arrests. A conviction, or sometimes even a deferred adjudication, can trigger a licensing investigation. An attorney who understands both the criminal case and its downstream licensing implications can help you navigate both processes rather than resolving the criminal matter in a way that inadvertently creates a licensing problem.

What is deferred adjudication and how does it work in Travis County?

Deferred adjudication is a form of probation in Texas where a defendant pleads guilty or no contest, and the judge defers the finding of guilt while placing the defendant on community supervision. If the defendant successfully completes the supervision period, no conviction is entered. However, deferred adjudication is not the same as a clean record. The arrest and the plea remain accessible to the public, and for certain offenses, deferred adjudication is not available. It can also be used to enhance future charges and does not always protect professional licenses. Understanding exactly what deferred adjudication means for your specific situation requires a careful conversation with your attorney before any plea is entered.

Is it worth hiring a lawyer for a Class A or B misdemeanor in Travis County?

Absolutely. Misdemeanor convictions in Texas are permanent criminal records. A Class B misdemeanor conviction for even a first DWI carries mandatory minimum jail time, fines, license consequences, and a surcharge program through DPS. A theft conviction, regardless of the amount involved, can make future employment and housing applications significantly more difficult. The idea that misdemeanors are minor and not worth fighting is one of the most costly assumptions a person can make. The cost of a conviction follows you for years.

What if I was already convicted and my attorney did not do an adequate job?

Texas law provides a mechanism for challenging convictions based on ineffective assistance of counsel through a writ of habeas corpus. These claims require showing both that counsel’s performance fell below an objective standard of reasonableness and that the deficiency affected the outcome. These proceedings are procedurally complex and time-sensitive in some respects. If you believe a prior conviction resulted from inadequate representation, speaking with a defense attorney about post-conviction options is the appropriate starting point.

Travis County Criminal Defense Representation Across Austin and Central Texas

The Law Offices of David C. Hardaway represents criminal defense clients throughout Austin and the broader Travis County area. That includes clients in the central Austin neighborhoods of Hyde Park, Clarksville, Travis Heights, and Bouldin Creek, as well as those in the rapidly growing eastern corridor spanning Mueller, Windsor Park, and the areas east of Airport Boulevard. The firm serves clients from North Austin communities including the Domain area, Pflugerville, and the tech corridor along Parmer Lane, as well as those coming from South Austin neighborhoods like Slaughter Creek, Manchaca, and Bear Creek. West Austin clients from the Steiner Ranch, Westlake Hills, and Barton Creek areas also find their way to the firm, as do those from Cedar Park, Round Rock, Georgetown, and Leander to the north, which, while located in Williamson County, frequently involve defendants with connections to Travis County proceedings.

Beyond Austin proper, the firm’s I-35 corridor location allows it to serve clients whose cases span jurisdictions, someone arrested in Travis County who also has a pending Hays County matter, or a client whose charges involve incidents in multiple Central Texas counties. The same investigative approach and courtroom preparation that the firm applies in Hays County courts carries into Travis County proceedings, giving clients consistent, strategic representation regardless of where their case is filed.

Talk to a Travis County Criminal Defense Attorney Before Your Next Court Date

The time between an arrest and the first court appearance is when the most important defense decisions get made, and it is also when people most often make the mistakes that cost them later. A Travis County criminal defense attorney from The Law Offices of David C. Hardaway can review your situation, explain what the state’s case actually looks like, identify where the defense opportunities are, and give you the direct answers you need to make informed decisions. This is not about reassurance. It is about building a real strategy for a real problem. Contact the firm today to schedule a confidential consultation.