When facing potential criminal charges in Texas, timing can make the difference between freedom and incarceration. Many people believe they only need legal representation after being formally charged, but this costly misconception often limits their defense options and compromises their rights.
If you’re under investigation, have been arrested, or suspect law enforcement interest in your activities, immediate legal guidance can protect your future.
The Texas criminal justice system moves quickly, and once certain processes begin, your opportunities to influence the outcome diminish rapidly. Understanding exactly when to contact a Dallas criminal defense attorney could be the most important decision you make.
What Does a Criminal Defense Attorney Do?
Criminal defense attorneys serve as your shield against the full power of the Texas criminal justice system, protecting your constitutional rights while building a strategic defense tailored to your specific charges.
Evidence Review and Challenge:
We examine all evidence against you, including police reports, witness statements, and forensic analysis, identifying weaknesses in the prosecution’s case and filing motions to suppress illegally obtained evidence.
Rights Protection:
We ensure law enforcement respects your Fifth Amendment right against self-incrimination and your Sixth Amendment right to counsel.
Negotiation and Court Representation:
When appropriate, we negotiate with prosecutors for reduced charges or favorable plea agreements, while handling all court appearances from arraignment through trial if necessary.
At our Dallas and Arlington offices, we’ve handled over 1,000 dismissed cases in the DFW area, drawing on more than 35 years of combined experience in Texas courts. Our understanding of local prosecutors and judges allows us to develop strategies that work in these specific jurisdictions.
📞 If you’re facing criminal charges, contact our experienced team at (972) 528-0116 to protect your rights immediately.
When You Should Hire a Criminal Defense Lawyer in Texas
As Soon As You’re Under Investigation
Contact an attorney the moment you suspect law enforcement is investigating you. Criminal investigations often begin weeks or months before arrests occur. During this period, anything you say or do can be used against you later.
Early intervention during investigations often prevents charges from being filed at all. When clients contact us before formal charges are filed, we can coordinate all communication with investigators and ensure their rights are protected throughout the process.
Signs you’re under investigation include police contacting you for questioning, officers visiting your workplace or home, subpoenas for documents, or colleagues mentioning police inquiries about you.
Immediately After Arrest
Contact a criminal defense attorney within hours of your arrest. In Texas, arraignment typically occurs within 48 to 72 hours for those in custody, while those released on bond may have arraignment scheduled several weeks later. Having legal representation before your first court appearance is vital.
During this period, your attorney can secure your release through minimized bail, prevent incriminating statements, begin immediate investigation, and file protective motions when appropriate.
After Charges Are Filed
Once the District Attorney’s office formally files charges through indictment (felonies) or information (misdemeanors), immediate legal representation becomes critical. After indictment, arraignment occurs within about two to four weeks, followed by pre-trial proceedings where cases can be resolved through investigation, plea bargaining, or dismissal.
During post-charge representation, we focus on comprehensive case review, motion practice, plea negotiation when beneficial, and trial preparation if your case proceeds to trial.
5 Clear Signs It’s Time to Hire a Criminal Attorney
1. You Are Arrested or Charged
The moment handcuffs click or you receive notice of formal charges, your freedom and future are at immediate risk. Don’t wait to see “how things develop” – the prosecution is already building their case against you.
2. You’re Contacted by Law Enforcement
Any contact from police, detectives, or federal agents requires immediate legal consultation. Even “routine questioning” can lead to criminal charges. Police officers are trained to gather evidence through conversation, and they’re not required to inform you that you’re a suspect.
3. You’re Under Active Investigation
Learning that authorities are investigating you for any criminal activity demands urgent legal attention. Early intervention during investigations often prevents charges from being filed.
4. Charges Carry Jail Time or Serious Penalties
Texas takes criminal offenses seriously. Even misdemeanor convictions can result in jail time, substantial fines, and permanent criminal records that affect employment, housing, and professional licenses.
5. You’re Uncertain of What to Do Next
When in doubt, consult with an experienced attorney. Initial consultations often clarify your situation and provide peace of mind about your legal standing.
Why Hiring Early Improves Your Case
Early legal representation provides strategic advantages that disappear once the criminal justice process advances. The sooner we begin working on your behalf, the more tools we have available to protect your interests.
Immediate legal representation ensures vital evidence is preserved and potentially exculpatory evidence is uncovered. The sooner we begin working on your behalf, the more tools we have available to protect your interests.
When attorneys enter cases early, we can shape the defense strategy from the beginning rather than reacting to prosecutorial decisions. Perhaps most importantly, early legal intervention sometimes prevents charges from being filed entirely when defense attorneys present compelling evidence of innocence or highlight investigation weaknesses.
What Happens If You Wait Too Long
The longer you wait to hire legal representation, the fewer options remain available. Critical evidence may be lost, witnesses may become unavailable, and procedural deadlines may pass.
Early legal representation often results in more favorable plea negotiations, as prosecutors are more likely to offer lenient terms when defense attorneys present strong cases early in the process.
Understanding Texas Criminal Defense Timeline
Texas criminal procedure follows specific timelines that affect when you need legal representation:
| Stage | Timeline | Why Legal Representation Matters |
|---|---|---|
| Investigation | Weeks to months before arrest | Prevent self-incrimination, preserve evidence |
| Arrest | Immediate | Secure release, protect rights |
| Initial Arraignment | Within 72 hours of arrest | Minimize bail, enter appropriate plea |
| Formal Arraignment | 2-4 weeks after indictment | Challenge charges, negotiate with prosecutors |
| Pre-trial | 30 days to several months | File motions, conduct discovery, negotiate |
| Trial | Varies by case complexity | Present defense, protect constitutional rights |
Texas Statute of Limitations: Why Timing Matters
Understanding Texas statute of limitations helps explain why early legal representation is vital:
Misdemeanor Offenses: Most misdemeanors have a 2-year statute of limitations. The exception is family violence assault, which has been extended to 3 years as of September 2023 under House Bill 467.
Felony Offenses: Most felonies not specifically listed have a 3-year statute of limitations. However, under House Bill 467 passed in 2023, felony family violence charges now have a 5-year limitation period. Certain serious felonies have longer periods:
- 5 years for offenses like money laundering and certain theft crimes
- 7 years for crimes like arson and bigamy
- 10 years for offenses including forgery and sexual assault
No Limitation Period: Some crimes like murder have no time restriction and can be prosecuted at any time.
Important Note: The statute of limitations is tolled (paused) while a defendant is absent from Texas. Once formal charges are filed through indictment or information, the statute of limitations is also tolled during the pendency of the case.
How to Choose a Texas Criminal Defense Attorney
- Look for attorneys with extensive experience handling your specific type of charges. At the Law Offices of Richard C. McConathy, we’ve successfully defended thousands of criminal cases, including DWI, drug possession, assault, white-collar offenses, domestic violence, and sex crimes.
- Local experience matters significantly in criminal defense. Our attorneys have practiced in Dallas and Arlington courts for decades, developing relationships with prosecutors and understanding how local judges handle specific types of cases. Your attorney should keep you informed throughout the legal process and explain complex legal concepts in understandable terms.
Review the attorney’s case results and client testimonials. Our firm has achieved over 1,000 cases dismissed in the DFW area, hundreds of “not guilty” verdicts at trial, numerous charge reductions from felonies to misdemeanors, and successful motion practice resulting in evidence suppression.
Common Mistakes That Harm Your Defense
Never speak to law enforcement without legal representation present. Even innocent explanations can be twisted to support criminal charges. The criminal justice system doesn’t slow down while you decide whether to hire an attorney—evidence disappears, witnesses become unavailable, and procedural deadlines pass.
Criminal defense requires specific skills and knowledge that general practice attorneys may lack. Choose attorneys who focus primarily on criminal defense and have extensive trial experience. If you believe charges against you were filed after the statute of limitations expired, immediate legal action is required to raise this defense.
Real Results: Our Criminal Defense Success Stories
Our commitment to early intervention and aggressive defense has produced remarkable results:
DWI Cases: We’ve achieved dismissals in breath test cases with results ranging from .10 to .224 BAC, including cases involving accidents and multiple prior offenses.
Felony Charges: Our felony defense work includes:
- Aggravated Assault with Deadly Weapon dismissed (Dallas County, F1300346)
- Aggravated Robbery (3 counts) dismissed (Erath County, CR13984, CR13983, CR13982)
- Possession of Controlled Substance (Felony) dismissed (Dallas County, F-1425069)
Misdemeanor Defense: Recent successes include:
- Theft dismissed (Dallas County, M1554025)
- Assault Family Violence dismissed (Dallas County, M13-33519)
- Unlawful Carrying of Weapon dismissed (Dallas County, M13-65512)
These results demonstrate the value of experienced legal representation and early intervention in criminal cases.
Take Action Now: Contact the Law Offices of Richard C. McConathy
Don’t let uncertainty about when to hire a criminal defense attorney jeopardize your freedom. Whether you’re under investigation, have been arrested, or are facing formal charges, immediate legal consultation can dramatically improve your case outcome.
The Law Offices of Richard C. McConathy has protected the rights of Dallas and Arlington residents for over two decades.
Contact us immediately at (972) 528-0116 for a confidential consultation. We’re available 24/7 to discuss your case and begin protecting your rights today.
Remember: In criminal defense, time is not on your side. Every moment you delay seeking legal representation potentially weakens your defense. Call now to ensure you have the strongest possible defense team fighting for your freedom.
Frequently Asked Questions
When should I contact a criminal defense lawyer in Texas?
You should contact a criminal defense attorney immediately upon learning of any investigation, after any contact with law enforcement, or following an arrest. Early intervention significantly improves case outcomes and protects your constitutional rights.
Is it better to hire a lawyer before charges are filed?
Yes, hiring an attorney before charges are filed often provides the best opportunity to influence the case outcome. Attorneys can sometimes prevent charges from being filed entirely and always ensure your rights are protected during investigations.
What if I’m innocent — do I still need an attorney?
Absolutely. Innocent people are convicted of crimes they didn’t commit when they attempt to navigate the criminal justice system without experienced legal representation. An attorney protects your rights and presents evidence of your innocence effectively.
How much does a Texas criminal defense attorney cost?
Attorney fees vary based on case complexity and the attorney’s experience. However, the cost of experienced legal representation is minimal compared to the potential consequences of criminal conviction, including jail time, fines, and permanent criminal records that affect future opportunities.