Being charged with criminal mischief in Texas can be a distressing experience, as it is when facing charges for any crime. This offense alleges intentional damage or destruction of another person's property without their consent. Understanding the intricacies of criminal mischief under Texas Penal Code 28.03 is crucial when facing such charges. In this comprehensive blog post, we will explore the elements of the crime, the common ways it is committed, the potential punishments based on the value of the loss and livestock provisions, the possible defenses, and the importance of seeking expert legal guidance. Criminal Mischief Attorney in San Antonio, Texas Criminal mischief, as defined in the Texas Penal Code 28.03, refers to intentionally or knowingly damaging or destroying tangible property belonging to another person, without their consent. The elements necessary to prove this offense include: Intentionally or knowingly causing damage or destruction: The prosecution must demonstrate that you acted deliberately or with knowledge of the potential consequences, resulting in harm to someone else's property. Tangible property: Criminal mischief applies to physical assets, including vehicles, buildings, equipment, fences, and more. Belonging to another: The property damaged or destroyed must be owned by someone other than yourself. Common Ways Criminal Mischief is Committed Criminal mischief can be committed in various ways, some of which include: Vandalism: Defacing public or private property by graffiti, carving, or other means. Property destruction: Damaging or destroying someone's property, such as breaking windows or slashing tires. Damage to public infrastructure: Tampering with public utilities, bridges, roads, or other essential infrastructure elements. Interference with agricultural operations: Intentionally damaging agricultural equipment and fencing, crops, livestock, or agricultural equipment, causing financial loss to farmers or ranchers. Possible Punishments for Criminal Mischief in San Antonio The penalties for criminal mischief in Texas depend on the value of the loss or damage caused. Here's an overview: Class C Misdemeanor: When the loss or damage is valued at less than $100, you may face a fine of up to $500. Class B Misdemeanor: If the loss or damage is valued at $100 or more but less than $750, the potential penalties include a fine of up to $2,000 and/or a jail term of up to 180 days. Class A Misdemeanor: When the loss or damage amounts to $750 or more but less than $2,500, you could face a fine of up to $4,000 and/or up to one year in jail. State Jail Felony: When the loss or damage amounts to $2,500 but less than $30,000, you could face between 6 months and 2 years in State Jail or a fine up to $10,000. Third-Degree Felony: When the loss or damage amounts to $30,000 or more but less than $150,000, you could face a fine of up to $10,000 between two to 10 years in prison. Second-Degree Felony: When the loss or damage amounts to $150,000 or more but less than $300,000, you could face a fine of up to $10,000 between two to 20 years in prison. First-Degree Felony: When the loss or damage amounts to $300,000 or more, you could face a fine of up to $10,000 between five to 99 years in prison or life. It's important to note that if the offense involves livestock, including horses, cattle, swine, sheep, or goats, the penalties may be enhanced. Damaging livestock can result in higher fines, longer prison sentences, or both, depending on the circumstances. Possible Defenses for Criminal Mischief in San Antonio When charged with criminal mischief, you have several potential defenses available to challenge the accusations. Some common defenses include: Lack of intent or knowledge: If you can demonstrate that you had no intention to damage or destroy the property, or that you were unaware of the potential consequences, it may weaken the prosecution's case. Consent: If the owner of the property gave you permission to engage in the alleged activities, it could be a valid defense. Mistaken identity: If there is doubt regarding your involvement in the offense, presenting evidence that proves you were not the person responsible can be an effective defense strategy. Criminal Mischief Attorney in San Antonio Facing charges of criminal mischief in Texas can have serious consequences, potentially impacting your personal and professional life. As an experienced DWI attorney in Bexar County, Texas, I have dedicated my legal practice to defending individuals accused of criminal offenses. With my Board Certification in Criminal Law and my background as a former chief prosecutor, I possess the knowledge and expertise needed to navigate the complexities of your case. If you find yourself charged with criminal mischief, it's crucial to seek legal counsel to protect your rights and build a strong defense. I offer free consultations, during which we can discuss the specifics of your case and determine the best course of action. Don't face this challenging situation alone—contact my office today at 210-439-5627 to schedule your consultation and ensure you have a knowledgeable advocate by your side.

Being charged with a DWI (Driving While Intoxicated) can be a daunting experience. It’s important to understand the elements of such a charge, the testing methods used by police to determine BAC, the potential punishments, available defenses, and the importance of hiring an experienced attorney. As a leading DWI attorney in Bexar County and the surrounding areas, I am here to guide you through this complex process. If you are charged with a DWI in Texas, there are several ways that the charge can be enhanced. There are enhancements for a second or third offense, having a child in the car, and having a blood alcohol concentration over .15%. This article will focus on the possible charges and consequences if you are arrested for a first DWI, but the police seek an enhancement because your BAC was over .15%. When charged with DWI with a BAC over .15, the prosecution must prove certain elements beyond a reasonable doubt. These elements include: Operation of a Motor Vehicle: The prosecution must demonstrate that the defendant operated a motor vehicle while under the influence of alcohol or drugs. Intoxication Level: Normally, in order to prove that someone was driving while intoxicated in Texas, the state can prove the defendant's alcohol concentration level exceeded the legal limit of 0.08% at the time of the offense or by showing that the defendant has lost the normal use of his mental or physical faculties due to drugs, alcohol, or literally any other substance. Although this is still true, to get the enhancement in this case, the state must show that the defendant’s alcohol concentration level exceeded 0.15% at the time of testing. Testing Methods Law enforcement officers employ various methods to determine a driver's BAC. These commonly include: Intoxilyzer Tests: Once you are arrested for DWI, the police can escort you to a location where breath testing can be conducted by an intoxilzer. This is not the same as the breath test that may have been conducted on the side of the road, as portable testing is not admissible in court. Blood Tests: Instead of a breath test, the officer can ask for a blood test. If the defendant refuses, he can seek a warrant and have the blood drawn against his or her will. Once complete, the sample is analyzed in a laboratory to determine the alcohol concentration accurately. Possible Punishments If convicted of DWI with a BAC over .15, you will be facing the possible punishments provided for a Class A Misdemeanor. These punishments include: Fines: You may be required to pay a fine of up to $4,000.00. License Suspension: Your driving privileges may be suspended, limiting your ability to commute to work or handle daily responsibilities. Probation: The court may impose probation, which typically includes regular reporting, mandatory counseling, and possible ignition interlock device installation. Jail Time: In some cases, incarceration is possible, with a possible range of up to one year in county jail. Possible Defenses A skilled DWI attorney can employ various defenses to challenge the charges against you. Some potential defenses for a DWI with a BAC over .15 may include: Challenging the Accuracy of Testing: Questioning the reliability and accuracy of the testing methods used to determine your BAC. Constitutional Violations: If law enforcement violated your constitutional rights during the traffic stop or arrest, evidence may be suppressed. Inadequate Probable Cause: If the officer lacked sufficient reason to stop or arrest you, the charges may be dismissed. Field Sobriety Test Accuracy: Arguing that factors unrelated to alcohol impairment influenced your performance on field sobriety tests. San Antonio DWI Attorney Brad Thornton Facing a DWI charge with a BAC over .15 can have serious consequences, but you don't have to navigate this challenging situation alone. As an experienced DWI attorney in Bexar County, Texas, I am dedicated to providing exceptional legal representation for individuals charged with DWI with a BAC over .15. Throughout my career, I have garnered valuable experience and expertise, making me the ideal advocate to handle your case. As a Board-Certified Criminal Law specialist, a former chief prosecutor, and a former prosecutor on the DWI Taskforce, I possess an in-depth understanding of the intricacies involved in DWI cases. My extensive experience trying DWI cases allows me to craft effective strategies tailored to your unique situation. By choosing me as your DWI attorney, you gain access to a wealth of knowledge and a track record of success. Here's why hiring an attorney with my qualifications is essential: Board Certification in Criminal Law: Obtaining board certification demonstrates a high level of skill, experience, and dedication. It is a rigorous process that ensures an attorney's proficiency in their chosen practice area. My board certification in criminal law is a testament to my expertise and commitment to providing top-notch legal representation. Former Prosecutor on the DWI Task Force: Serving as a prosecutor on the DWI Task Force has provided me with invaluable insights into the strategies and tactics employed by the prosecution. This insider perspective enables me to anticipate their moves, identify weaknesses in their case, and mount a strong defense on your behalf. Substantial Experience Trying DWI Cases: With years of experience handling DWI cases, I have developed a deep understanding of the complexities involved in these matters. I am well-versed in the applicable laws, regulations, and legal precedents that can significantly impact the outcome of your case. I leverage this experience to build persuasive arguments and aggressively advocate for your rights in and out of the courtroom. In conclusion, if you are charged with DWI with a BAC over .15 in Bexar County, Texas, it is crucial to have a skilled and knowledgeable attorney by your side. San Antonio DWI Attorney Brad Thornton offers free consultations to discuss the specifics of your case and develop a comprehensive defense strategy. With board certification, former DWI Task Force experience, and an extensive track record, he is committed to fighting for your rights and securing the best possible outcome. Contact our office at 210-439-5627 to schedule your free consultation today. Remember, you don't have to face this challenging situation alone.

Facing a charge of driving while intoxicated (DWI) is a serious matter, but when the charge involves having a child in the vehicle, the stakes are raised even higher. In San Antonio, Texas, the legal system takes these cases very seriously, as they involve the safety and well-being of a child. If you find yourself in such a situation, it is crucial to understand the elements of a DWI charge with a child, the potential consequences, possible defenses, and the importance of seeking professional legal guidance. When charged with DWI with a child in Texas, it's important to note that there is only one charge, regardless of the number of children present in the vehicle. Under Texas law, a person can be charged with a DWI with a child if they are operating a motor vehicle in a public place while intoxicated and there is a child under the age of 15 years old in the vehicle. Intoxication refers to having a blood alcohol concentration (BAC) of 0.08% or higher or being impaired by drugs or alcohol to the extent that normal use of physical or mental faculties is impaired. Although the age of a “Child” is defined differently depending on the crime, in the context of DWI with a child, Texas defines a child as an individual under the age of 15 years old. If you have a child under the age of 15 in the vehicle at the time of your arrest, this enhancement will apply. Possible Punishments: Being convicted of DWI with a child in San Antonio can result in severe consequences. The penalties are enhanced compared to a standard DWI charge, reflecting the increased concern for the safety and welfare of the child. If found guilty, you may face: Incarceration: DWI with a child carries possible jail time from 6 months to 2 years in State Jail. The specific duration depends on the circumstances of the case. However, in certain cases, the court may allow probation instead of jail time. Fines and Fees: The fine for DWI with a Child can be up to $10,000.00. Additionally, court costs, probation fees, and other associated expenses may apply. License Suspension: A DWI with a child can lead to a license suspension ranging from 180 days to two years. The ability to obtain an occupational license to drive for essential purposes may be available under certain circumstances. Ignition Interlock Device (IID): If placed on probation, the court must order the installation of an IID, which requires the driver to pass a breathalyzer test before starting the vehicle. Possible Defenses for DWI with a Child in Texas When charged with DWI with a child, it is crucial to explore potential defenses to protect your rights. Some common defenses in these cases may include challenging the validity of the traffic stop or arrest, disputing the accuracy of field sobriety tests or chemical tests, questioning the legality of the search, or presenting evidence of a medical condition that may have affected your performance on the tests. An experienced DWI attorney can analyze the specific details of your case and help determine the most effective defense strategy. Possible Administrative License Revocation (ALR) Suspensions or DWI with a Child in Texas In addition to criminal penalties, individuals charged with DWI with a child may face administrative penalties related to their driver's license. The Texas Department of Public Safety (DPS) may initiate an Administrative License Revocation (ALR) process, which could result in a suspension of your driving privileges. It is essential to act promptly to request an ALR hearing within 15 days of receiving notice to contest the suspension. San Antonio DWI with a Child Attorney Brad Thornton When facing a DWI charge with a child in San Antonio, it is crucial to navigate the legal process with the guidance of an experienced attorney who specializes in DWI cases. Brad Thornton, a Board-Certified Criminal Law attorney, former chief prosecutor, and former prosecutor on the DWI Task Force, brings a wealth of knowledge and expertise to the table. With substantial experience in trying DWI cases, Brad Thornton is well-equipped to handle the complexities of your situation. Hiring an attorney who is board-certified in criminal law ensures that you are working with a legal professional who has demonstrated exceptional competence and expertise in this specific area of law. Brad Thornton's certification is a testament to his dedication to excellence, ensuring that he stays updated with the latest developments and strategies in defending DWI cases. Furthermore, Brad Thornton's experience as a former prosecutor on the DWI Task Force provides him with valuable insights into how the prosecution builds their cases. He understands the tactics and strategies employed by the opposing side, allowing him to anticipate their moves and craft a strong defense on your behalf. With Brad Thornton's substantial experience trying DWI cases, he has honed his skills in the courtroom, mastering the art of effective advocacy. He will thoroughly analyze the evidence, challenge the prosecution's case, and fight aggressively to protect your rights and achieve the best possible outcome. Remember, time is of the essence in DWI cases. Contact Brad Thornton today to schedule a free consultation and discuss the details of your case. His comprehensive understanding of DWI laws and his commitment to providing top-notch legal representation will give you the peace of mind and confidence you need during this challenging time. Trust Brad Thornton to be your ally, guiding you through the legal process and fighting relentlessly on your behalf.

Facing a charge of driving while intoxicated (DWI) is a serious matter that can have significant consequences. However, when it comes to a second offense DWI in San Antonio, the stakes are even higher. Being aware of the elements of the offense, potential punishments, available defenses, and the impact of administrative license revocation (ALR) suspensions is an important first step if you are facing this charge. As an experienced DWI attorney, I am here to provide you with essential information to help you navigate this challenging situation. DWI - Second Offense in San Antonio A DWI - second offense occurs when an individual is charged with driving while intoxicated after having been previously convicted of DWI. Previous Conviction: The prosecution must establish that the defendant has a prior conviction for DWI, which doesn’t have to be in Texas. Even if the individual had completed a deferred probation and had the charges dismissed, that charge can still be used as an enhancement. Operation of a Motor Vehicle: The prosecution must demonstrate that the defendant operated a motor vehicle while under the influence of alcohol or drugs. Intoxication Level: One way this prosecution can prove this element is by showing that the defendant's alcohol concentration level exceeded the legal limit of 0.08% at the time of the offense. This can be determined through chemical tests, such as breath or blood tests. The second way is by showing that the defendant has lost the normal use of his mental or physical faculties due to drugs, alcohol, or literally any other substance. This can be established through various forms of evidence, such as field sobriety tests, blood results, and officer observations. Possible Penalties for DWI - Second Offense in San Antonio: Being convicted of a DWI - second offense in San Antonio can result in severe penalties. The exact consequences depend on various factors, such as prior criminal history, BAC level, and any aggravating circumstances. Potential punishments may include: Incarceration: A second offense DWI can lead to mandatory jail time, ranging from 30 days to one year. The specific duration depends on the circumstances of the case. However, in certain cases, the court may allow probation instead of jail time. Fines and Fees: The fine for a DWI – Second offense can be up to $4,000.00. Additionally, court costs, probation fees, and other associated expenses may apply. License Suspension: A second DWI offense can lead to a license suspension ranging from 180 days to two years. The ability to obtain an occupational license to drive for essential purposes may be available under certain circumstances. Ignition Interlock Device (IID): If placed on probation, the court must order the installation of an IID, which requires the driver to pass a breathalyzer test before starting the vehicle. In addition to the legal penalties associated with a DWI second offense, there are several collateral consequences that can have a significant impact on various aspects of your life. It's important to be aware of these consequences, as they can extend beyond the courtroom and affect your personal and professional life. Here are some potential collateral consequences: Increased Penalties for Future Offenses: If a subsequent offense occurs and it is charged as a third DWI offense, it can be elevated to a third-degree felony in Texas. Felony convictions carry much more severe penalties, including substantial prison time and significant fines. Employment Consequences: A DWI conviction, especially a second offense, can lead to negative consequences in your professional life. It can impact your current job, particularly if driving is an essential aspect of your employment. It may also limit future employment opportunities, as employers often conduct background checks and consider DUI/DWI convictions when making hiring decisions, particularly for positions that require driving or working with vulnerable populations. Driver's License and Insurance: Following a DWI second offense conviction, your driver's license will likely be suspended. Reinstating your license will require completing any necessary alcohol education or treatment programs, paying fines, and meeting other requirements imposed by the court or the Department of Public Safety (DPS). Additionally, your auto insurance premiums are likely to increase significantly, and some insurance providers may even choose to drop your coverage altogether. Professional Licenses: If you hold a professional license, such as a medical or nursing license, a DWI second offense conviction can trigger disciplinary actions from the licensing board. This can include license suspension, revocation, or additional requirements such as mandatory counseling or monitoring. Possible Defenses for DWI - Second Offense in San Antonio: Several defenses can be explored to challenge a DWI - second offense charge, some of the most common include: Invalid Traffic Stop: If law enforcement lacked reasonable suspicion or probable cause to initiate the traffic stop, any evidence obtained thereafter may be deemed inadmissible. Improper Field Sobriety Testing: Challenging the accuracy and administration of field sobriety tests can weaken the prosecution's case. Inaccurate BAC Results: Contesting the reliability of blood or breath tests, based on issues such as improper calibration or mishandling of samples, can raise doubts about the accuracy of the reported BAC level. San Antonio DWI - Second Defense Attorney Brad Thornton When facing the daunting challenges of a DWI second offense in San Antonio, it is essential to have a skilled and experienced attorney by your side. As a board-certified criminal law specialist and former prosecutor on the DWI task force, I, Brad Thornton of Thornton Criminal Defense, possess the expertise and knowledge necessary to navigate the complexities of DWI cases. My board certification in criminal law signifies my commitment to excellence and demonstrates a high level of competence in this specific area of law. This distinction sets me apart as an attorney who has undergone rigorous evaluation, including a thorough examination of my trial skills, legal knowledge, and professional ethics. Furthermore, my experience as a former prosecutor on the DWI task force has provided me with valuable insights into the strategies employed by the prosecution. This firsthand knowledge allows me to anticipate their tactics, identify potential weaknesses in their case, and build a robust defense on your behalf. Having tried numerous DWI cases throughout my career, I understand the intricacies involved in these matters. Each case is unique, and I approach every client with personalized attention, ensuring that no stone is left unturned in developing a comprehensive defense strategy tailored to your specific circumstances. At Thornton Criminal Defense, we are dedicated to protecting your rights, fighting for your best interests, and striving for the most favorable outcome possible. We understand the collateral consequences that accompany a DWI second offense and work diligently to minimize the impact on your personal and professional life. Do not face the complexities of a DWI second offense alone. Contact Thornton Criminal Defense at 210-439-5627 to schedule a free consultation and let our experience, expertise, and commitment to your defense provide you with the guidance and advocacy you deserve. Remember, the right attorney can make all the difference in your case.

Being charged with driving while intoxicated (DWI) can be a daunting experience, especially if it is your first offense. If you find yourself in this situation in San Antonio, Texas, it's crucial to understand the various aspects of DWI law to ensure you make informed decisions about your case. In this blog post, we will explore the elements of DWI, the definition of intoxication in Texas, the potential punishments, possible defenses, ALR suspensions, and how Thornton Criminal Defense can assist you in navigating through this challenging time. What is a DWI in Texas? In Texas, DWI is an offense that occurs when an individual operates a motor vehicle in a public place while intoxicated. Intoxication can be defined in two ways: having a blood alcohol concentration (BAC) of 0.08 or higher, or not having the normal use of mental or physical faculties due to the introduction of alcohol, drugs, or a combination of both. Even if your BAC is below 0.08, you can still be charged with DWI if there is evidence to prove that your mental or physical faculties were impaired. This means that you can be charged with DWI based on your behavior and performance during field sobriety tests, regardless of your BAC level. Possible Consequences for DWI First Offense If convicted of a first-offense DWI in San Antonio, you may face significant penalties. In Texas, DWI is classified as a Class B misdemeanor, which carries a range of punishments as defined by state law. This assumes there were no aggravating factors like having a BAC over .15, having a child in the car, or causing serious bodily injury or death as a result of a crash. For a first DWI offense, the potential penalties can include: Fines: You may be required to pay fines up to $2,000, which can be a significant financial burden. Jail Time: A first-offense DWI conviction can result in a jail sentence ranging from 72 hours to 180 days. However, in certain cases, the court may allow probation instead of jail time. Driver's License Suspension: The Texas Department of Public Safety (DPS) can suspend your driver's license for up to one year upon conviction. However, you may be eligible for an occupational license, which allows limited driving privileges for work, school, or essential activities. Probation: In some cases, the court may sentence you to probation instead of jail time. While on probation, you will need to comply with specific conditions, such as attending alcohol education programs, completing community service, and avoiding any further criminal charges. Apart from the direct penalties mentioned above, a DWI conviction can have long-lasting collateral consequences. These consequences can impact various areas of your life, including: Higher Insurance Premiums: Insurance companies often view individuals with a DWI conviction as high-risk drivers, leading to increased insurance rates or potential policy cancellations. Employment Opportunities: A DWI conviction on your record can negatively affect your current job or future employment prospects, particularly in positions that involve driving or require a clean criminal record. Professional Licenses: Certain professional licenses, such as those for doctors, nurses, lawyers, and teachers, can be affected by a DWI conviction. It may lead to disciplinary actions or even revocation of your license. Education: Some educational institutions may consider a DWI conviction during admissions processes or when awarding scholarships, potentially impacting your educational opportunities. Possible Defenses When charged with DWI in San Antonio, it's crucial to explore all possible defenses to protect your rights and secure the best possible outcome. Some common defenses include challenging the accuracy of breathalyzer or blood test results, questioning the legality of the traffic stop or arrest, challenging the credibility of the arresting officer, or presenting evidence that your impairment was due to a medical condition rather than intoxication. Driver’s License Suspension In addition to the criminal charges, if you are charged with DWI in San Antonio, you may also face administrative consequences concerning your driver's license. The Texas Department of Public Safety (DPS) has the authority to initiate an Administrative License Revocation (ALR) suspension. ALR suspensions can occur in two scenarios: Refusal to Take a Breath or Blood Test: If you refuse to submit to a breath or blood test when requested by a law enforcement officer, your driver's license may be subject to a 180-day suspension. It is important to note that Texas has an implied consent law, meaning that by operating a motor vehicle, you have already given consent to such testing. Failing a Breath or Blood Test: If you take a breath or blood test and your blood alcohol concentration (BAC) measures 0.08 or higher, your driver's license may be suspended for 90 days. It's crucial to act promptly if you wish to challenge these ALR suspensions. You have a limited window of 14 days from the date of your arrest to request an ALR hearing. Failure to request a hearing within this timeframe will result in an automatic suspension of your driver's license. Requesting an ALR hearing provides an opportunity to contest the suspension and potentially retain your driving privileges. An experienced DWI attorney, such as Brad Thornton at Thornton Criminal Defense, can guide you through the ALR hearing process, present relevant evidence, and advocate for your rights. San Antonio DWI Attorney Brad Thornton When facing a DWI charge in San Antonio, it's essential to have a seasoned DWI attorney by your side who understands the intricacies of Texas DWI laws. At Thornton Criminal Defense, we offer the expertise and dedication you need to navigate the complexities of your case. Led by Brad Thornton, a Board-Certified Criminal Law Specialist, former chief prosecutor, and a former prosecutor on the DWI Task Force, our firm brings a wealth of experience and a deep understanding of the local legal landscape. With a track record of success in DWI defense, we are committed to protecting your rights and securing the best possible outcome for your situation. We recognize that each DWI case is unique, which is why we offer free consultations. During this confidential meeting, we will listen attentively to the details of your case and provide you with personalized advice tailored to your specific circumstances. We believe that open communication and a strong attorney-client relationship are crucial in building a robust defense strategy. At Thornton Criminal Defense, we leave no stone unturned in fighting for your rights. We will diligently examine the evidence, challenge the legality of the traffic stop or arrest, question the accuracy of breath or blood test results, and explore any other viable defense strategies. Our goal is to minimize the impact of a DWI charge on your life, your driving privileges, and your future opportunities. Don't let a DWI charge define your future. Contact Thornton Criminal Defense today at 210-439-5627 to schedule your free consultation and take the first step towards a strong defense. Remember, time is of the essence, especially when it comes to challenging ALR suspensions. Trust our experienced team to provide you with expert guidance, unwavering support, and a relentless commitment to achieving the best possible outcome for your DWI case.

If you think or know that you have a warrant for your arrest, this blog post is designed to provide you with essential information and guidance to the question: What Should I Do If I Have a Warrant? Understanding warrants, their implications, and the steps you can take to avoid arrest is important. As an experienced attorney, I'm here to help you navigate this challenging situation, protect your rights, and help you avoid the embarrassment of a public arrest. Read on to learn more about what to do if you have a warrant and how I can assist you. What is a Warrant? A warrant is a legal document issued by a judge that grants law enforcement the authority to take a person into custody. It serves as official authorization to arrest an individual and bring them before the court to face charges. Warrants are a serious matter that should never be ignored or taken lightly. There are different types of warrants, each serving a specific purpose within the criminal justice system. Some common types of warrants include: Arrest Warrants: There are the most common warrants and are issued when there is probable cause to believe that an individual has committed a crime. They authorize law enforcement to arrest the person named in the warrant. Warrants for a Motion to Revoke Probation: If someone is on probation and violates the terms of their probation, such as by committing a new offense or failing to comply with specific conditions, a warrant for their arrest may be issued to revoke their probation and initiate further legal proceedings. Surety to Surrender Warrants: These warrants are related to bail bonds. If a person who has been released on bail and their bail bondsman believes they are likely to skip court, they can request the judge to preemptively revoke the bond and a surety to surrender warrant may be issued, allowing the bail bondsman or law enforcement to apprehend the individual and return them to custody. Warrants for Failure to Appear: When an individual fails to appear in court as scheduled, a warrant for failure to appear may be issued. This warrants their arrest and compels them to appear before the court to address the underlying charges. It is essential to take warrants seriously and address them promptly. Ignoring a warrant can lead to serious consequences, including arrest, a negative impact on personal and professional life, and the potential for additional charges for anything that might be going on when you are arrested. By taking immediate action and seeking legal assistance, you can navigate the warrant process more effectively and minimize potential complications. How Do I Know If I Have a Warrant? If you suspect you have a warrant for your arrest, the first and most important step is finding out from an official source whether you have a warrant and whether it’s active. Many times, people suspect they might have a warrant based on a situation they were involved with or might be told by someone that a crime has been reported. Sometimes, police investigators might reach out to ask you some questions, which tips you off they may get a warrant down the road. To actively determine if a warrant has been issued against you in San Antonio or Bexar County, you can contact the Bexar County Sheriff’s Office at 210-335-6030. You should always assume every contact with law enforcement is recorded and restrict your conversation to simply asking if you have a warrant. Do not attempt to explain your case or give any information other than your name and date of birth over the phone. If you suspect or discover that you have a warrant, do not delay in seeking legal representation. Contact my office for a free consultation, and together, we can assess the situation, explore your options, and develop a strategic plan to address the warrant effectively. How Can I Avoid Being Arrested? When facing a warrant for your arrest, you always want to take steps to be cooperative with law enforcement and arrange to turn yourself in. This is important because it shows how seriously you take the accusations, which helps with defending against the charges down the road. But it also prevents the embarrassment of a public arrest and the uncertainties that might occur, such as being found in circumstances that might lead to an arrest for a new crime. By enlisting the assistance of a skilled criminal defense attorney, you can protect your rights, minimize the risk of arrest, and navigate the warrant process more effectively. Many times, when warrants are issued, the judge does not set a bond amount, leaving it up to the magistrate to set a bond after you have been arrested. If you hire an attorney, they can request the court to set a bond on your behalf before the arrest. A bond is an amount of money that allows you to secure your release from custody while your case is pending. By having a bond set, you can avoid unnecessary time spent in jail. After a bond is set, your attorney can help you start the "Walkthrough" process to minimize the risk of an arrest. This involves surrendering to the authorities at the Bexar County Sheriff’s Satellite Office. Before surrendering to the Sheriff’s Office, your attorney can connect you with reputable bail bondsmen who can assist you efficiently. Bail bondsmen provide financial assistance by posting the bail amount on your behalf, typically for a fee between 10-15%. They will help facilitate your release from custody once you turn yourself in, ensuring a smooth process. These types of warrants are not eligible for the walkthrough process in Bexar County: 1. Out of County Warrants 2. Out of State Warrants 3. Warrants for Sexual Offenses How the Satellite Bond Process Works in San Antonio: 1. Obtain a Bond Amount: Make sure your attorney provides you with the exact charges against you in the warrant and the bond amount for each charge. 2. Obtain a Bail Bond: Hire a bail bond company to post the bond before you turn yourself in to the satellite office. 3. Make Sure the Bond is Correct: The bond must state the crime charged and the bond amount. You need the original bond and two copies to take to the satellite office. 4. Bring the Bond Fee: You need to bring a $15.00 money order or cashier’s check made payable to “Bexar County Sheriff’s Office” for each warrant you have issued for your arrest. Always check with your bondsman to make sure exactly the fees you need and that the amount is accurate at the time you turn yourself in. 5. Bring a Valid ID: You need a valid form of government ID, such as a Driver’s License, U.S. Passport, Military I.D., or U.S. Permanent Resident Card. 6. Obtain References: You need the name and contact information of two people who can help get in contact with you. They cannot live together or with you. 7. Turn Yourself In: It's never certain how long the process will take, but it can typically take up to four hours. The office opens at 8:00 am and it's best to be there when they open. The Satellite Office is located at: 100 Dolorosa Basement 10.2 San Antonio, TX 78205 Phone: 210-335-2592 The building looks like this: San Antonio Criminal Defense Attorney Brad Thornton Facing a warrant for your arrest can be a daunting experience, but you don't have to face it alone. As a former chief prosecutor with extensive experience in criminal law, I understand the intricacies of the legal system and how to effectively navigate warrant cases. My firm is here to provide you with the expert guidance and representation you need to address the warrant and protect your rights. With my background as a Board Certified Criminal Law specialist, I have demonstrated a high level of expertise and dedication to the field. I have a comprehensive understanding of the law and a track record of successfully handling complex criminal cases. When you choose my firm, you can trust that you are working with a highly qualified attorney who will fight for your best interests. Remember, time is of the essence when dealing with a warrant. Delaying action can lead to serious consequences. By contacting my firm and scheduling a free consultation, you can take the first step toward resolving your warrant-related concerns. During our consultation, we will discuss the specifics of your case, address any questions or concerns you may have, and outline a strategic plan to tackle the situation. Call my firm today at 210-439-5627 to schedule your free consultation. Let my expertise as a former chief prosecutor and Board Certified Criminal Law specialist guide you through this challenging time.

Being arrested can be an overwhelming and confusing experience, especially if you find yourself facing criminal charges in Wilson County, Texas. Understanding the legal process and knowing what to expect can significantly impact the outcome of your case. In this blog post, we will delve into the various stages and procedures that unfold when you are arrested in Wilson County. From the initial encounter with law enforcement to the courtroom proceedings, we aim to provide you with valuable insights to help you navigate this challenging journey. It's essential to recognize that the decisions you make and the actions you take during this critical time can have a lasting impact on your future. Having a skilled and experienced criminal defense attorney by your side can make all the difference in ensuring your rights are protected and securing the best possible outcome for your case. So, whether you are facing misdemeanor charges heard in county court or felony charges subject to district court jurisdiction, this guide will shed light on the process you will go through and the various entities involved. By familiarizing yourself with the procedures and understanding the roles of the key players, you will be better equipped to make informed decisions about your defense strategy. Booking Process at the Wilson County Jail When you are arrested for a crime in Wilson County, Texas, you will be taken to the Wilson County Jail for the booking process. Understanding what occurs during the booking process can help alleviate some uncertainties. Here's what you can expect. Upon arrival at the Wilson County Jail, law enforcement officers will collect your personal information. This typically includes your full name, address, date of birth, and other identifying details. This information is used to create an official record of your arrest. As part of the booking process, you will be fingerprinted and photographed. This is done to establish an official record of your identity, which will be used for identification purposes throughout the criminal justice system. During booking, your personal belongings, such as wallets, jewelry, and other items on your person at the time of arrest, will be collected and documented. These items will be securely stored until your release or until they are returned to you through appropriate procedures. To ensure the safety and well-being of both inmates and jail staff, a health screening and assessment will be conducted. This process may involve questions about your medical history, any current medications you are taking, and any urgent medical needs or conditions that require attention while in custody. This also includes a mental health screening and questionnaire on suicidal thoughts. Following the initial steps of booking, inmates are often classified based on factors such as the seriousness of their charges, criminal history, and any potential risks they may pose to themselves or others. Based on this classification, inmates may be segregated or housed separately from others to maintain order and ensure safety within the jail facility. In the next section, we will explore the magistration process at the Wilson County Jail and the role of the Justices of the Peace and Municipal Judges. This process sets the stage for further legal proceedings and may impact your bail and release conditions. Additionally, we will delve into the different types of bonds available and their implications for your case. Magistration Process at the Wilson County Jail Following the booking process at the Wilson County Jail, the next step is the magistration process. This process ensures that you are informed of the charges against you, your rights, and provides an opportunity to address bail if applicable. During magistration, you will appear before a magistrate who may be either a Justice of the Peace (JP) or a Municipal Judge, depending on the agency that made the arrest. Magistrates, whether JPs or Municipal Judges, have important responsibilities during the magistration process. They are judicial officers who oversee the initial hearings and play a vital role in ensuring fairness and due process. Here's what you can expect during the magistration process: The magistrate will inform you of the specific charges brought against you. They will explain the nature of the offenses, potential penalties, and any other relevant details related to your case. This is designed to provide you with an understanding of the allegations you are facing. One of the key responsibilities of the magistrate is to determine whether bail should be set and, if so, the appropriate amount. Bail is a financial guarantee that ensures your appearance in court for future proceedings. The magistrate will consider factors such as the seriousness of the charges, your ties to the community, and any potential risks when deciding on bail. The can also set conditions for bail, which can include GPD ankle monitors, ignition interlock devices in the case of DWIs, or conditions to not contact any of the alleged victims or witnesses. If you cannot afford an attorney, the magistrate may appoint counsel to represent you. This ensures that your rights are protected and that you have proper legal representation throughout the legal process. In some cases, the magistration process may also involve the consideration of emergency protective orders. These orders are designed to provide immediate protection for victims of certain crimes, such as family violence, stalking, or crimes against children. If the magistrate determines that an emergency protective order is necessary for the safety of the victim, they may issue the order as part of the magistration process. The order typically imposes restrictions on the alleged offender, such as maintaining a certain distance from the victim or prohibiting contact. In the next section, we will explore the bail bond process in more detail, including the differences between surety, cash, and personal recognizance (PR) bonds. Understanding the bail bond options available to you is crucial when seeking release from custody while awaiting trial. The Bail Bond Process Bail allows individuals to secure their release from custody while awaiting trial. In this section, we will explore the bail bond process in Wilson County, including the different types of bonds available and their requirements, costs, and potential implications. A bail bond is a financial arrangement that allows a defendant to be released from jail pending their court appearances. It serves as a guarantee that the defendant will appear for all required court proceedings. In Wilson County, three common types of bail bonds are available: surety bonds, cash bonds, and personal recognizance (PR) bonds. Surety Bonds: Surety bonds are the most commonly used type of bail bonds in Wilson County. They involve the assistance of a bail bondsman or bail bond agency. To obtain a surety bond, you or a family member would typically pay a percentage of the total bail amount (usually around 10%) to the bail bondsman. The bondsman then posts the full bail amount, assuming financial responsibility for your appearance in court. If you fail to appear, the bondsman may be required to pay the full bail amount. Cash Bonds: Cash bonds require the full amount of bail to be paid in cash directly to the court. Once the case is resolved, and all court appearances have been made, the cash bond is refunded in full, regardless of the outcome of the trial. Cash bonds eliminate the need for a bail bondsman but may require a significant upfront payment. Personal Recognizance (PR) Bonds: Personal recognizance bonds, also known as "PR" bonds, allow defendants to be released without paying bail or involving a bail bondsman. Instead, the court releases the defendant based on their promise to appear in court for all required proceedings. PR bonds are rarely granted, but when they are, they are typically granted to individuals with strong community ties, minimal flight risk, and a low likelihood of reoffending. The requirements and costs associated with each type of bond can vary. Surety bonds typically involve a non-refundable fee paid to the bail bondsman, whereas cash bonds require the full bail amount to be paid upfront. PR bonds do not involve any payment but may require additional conditions, such as regular check-ins with a probation officer. If you fail to appear in court as required, regardless of the type of bond, you may face severe consequences, including the forfeiture of bail, additional charges, and a warrant for your arrest. In the next section, we will delve into the court process, beginning with arraignment through trial, and highlight the distinction between county court jurisdiction for misdemeanors and district court for felonies. Understanding the court process is crucial to navigate the legal proceedings effectively. Court Process from Arraignment Through Trial After you have been arrested, booked, and are set for release, you will be told which court your case will be assigned to, any court dates if they have already been set, and how to follow up to find your court date if none has been set. In Wilson County, misdemeanors generally fall under the jurisdiction of the County Court, while felonies come under the jurisdiction of the District Court. County courts handle less serious offenses, such as minor theft, simple assault, and certain drug possession charges. District courts, on the other hand, handle more serious crimes, including violent offenses, drug trafficking, and major theft offenses. Once you go to court, the process goes like this: Arraignment: The court process begins with the arraignment, where you enter a plea (guilty, not guilty, or no contest) to the charges. The judge will inform you of your rights, explain the charges, and set future court dates. Pre-trial Phase: Following arraignment, there may be a series of pre-trial hearings. These hearings allow the defense and prosecution to exchange evidence, discuss potential plea negotiations, file motions, and address any legal issues before proceeding to trial. Plea Negotiations: During the pre-trial phase, the defense and prosecution may engage in plea negotiations to reach a resolution without going to trial. This involves discussions about potential plea bargains, which can result in reduced charges or sentencing in exchange for a guilty plea. Motions: Both the defense and prosecution may file motions during the pre-trial phase. Motions can address various matters, such as suppressing evidence, challenging the legality of the arrest, or seeking clarification on legal issues related to the case. Trial: If a plea agreement is not reached, the case proceeds to trial. At trial, the prosecution presents its case, including evidence and witness testimonies. The defense has the opportunity to present its own evidence, cross-examine witnesses, and present arguments to challenge the prosecution's case. Verdict and Sentencing: Following the trial, the jury or judge will deliver a verdict of guilty or not guilty. If convicted, the court will proceed to sentencing, considering factors such as the severity of the offense, prior criminal history, and any mitigating or aggravating circumstances. Having a skilled criminal defense attorney is crucial at every stage of the court process. They will guide you through each step, protect your rights, assess the strength of the prosecution's case, and develop a strong defense strategy. A knowledgeable attorney can negotiate on your behalf during plea negotiations, file motions to suppress evidence if necessary, present a compelling defense during trial, and advocate for the most favorable outcome. Wilson County Criminal Defense Attorney When it comes to securing the best possible legal representation for your criminal case in Wilson County, Brad Thornton of Thornton Criminal Defense stands out as the top choice. With his extensive experience as a former chief prosecutor at the 81st District Attorney's office, which holds jurisdiction over felonies in Wilson County, and his board certification in criminal law, Brad Thornton brings a wealth of knowledge and expertise to the table. By choosing Brad Thornton as your criminal defense attorney, you can be confident in receiving exceptional legal advocacy and a strong defense strategy tailored to your specific circumstances. Brad Thornton's background as a former chief prosecutor at the 81st District Attorney's office gives him a unique advantage in understanding the inner workings of the prosecution. He is intimately familiar with how cases are built, evidence is examined, and strategies are formulated. This insider perspective allows him to anticipate the prosecution's tactics and effectively challenge their case, ensuring the best possible outcome for his clients. Brad Thornton's board certification in criminal law further exemplifies his exceptional skills and commitment to the field. This prestigious certification is a testament to his high level of proficiency and expertise in criminal law. It demonstrates his comprehensive understanding of the intricacies of the legal system, up-to-date knowledge of the latest legal developments, and ability to navigate complex legal challenges. By choosing a board-certified criminal defense attorney like Brad Thornton, you can have confidence in receiving top-tier legal representation. Furthermore, Brad Thornton offers free consultations to prospective clients. This invaluable opportunity allows individuals to discuss their case, gain insights into their legal options, and assess Brad Thornton's expertise and personalized approach to client representation. This initial consultation not only helps in building a strong attorney-client relationship but also allows clients to make an informed decision about their legal representation without any financial obligations. To secure the best legal representation for your criminal case, contact Brad Thornton of Thornton Criminal Defense at 210-439-5627. With his extensive experience, board certification, and commitment to his clients, Brad Thornton is dedicated to protecting your rights, navigating the complexities of the legal system, and achieving the best possible outcome for your case in Wilson County.

Being arrested and facing criminal charges is a distressing experience that can have significant consequences on your life. When dealing with legal matters in Guadalupe County, Texas, it helps to have a solid understanding of the local legal system and the resources available to you. In this comprehensive guide, we will explore the various aspects of Guadalupe County criminal defense, providing you with valuable information to navigate the legal process. Whether you're a resident of Guadalupe County or were simply passing through when the unfortunate incident occurred, understanding the key components of the county's criminal justice system can make facing charges a little bit less stressful. In this guide, we aim to empower you with the knowledge needed to make informed decisions and to navigate the Guadalupe County criminal justice system effectively. By understanding the processes, agencies, and resources available to you, you can take proactive steps toward securing the best possible outcome in your case. Let's explore the intricacies of Guadalupe County criminal defense and equip ourselves with the information necessary to protect your rights and future. Primary Law Enforcement Agencies Guadalupe County, Texas, is served by several primary law enforcement agencies that work diligently to maintain public safety and enforce the law. Understanding these agencies and their roles is crucial when navigating the criminal justice system in Guadalupe County. Let's take a closer look at the key law enforcement agencies operating in the county: Guadalupe County Sheriff's Office (GCSO): The Guadalupe County Sheriff's Office is responsible for ensuring public safety and maintaining law and order throughout the county. Their jurisdiction covers unincorporated areas and assists local police departments when needed. The GCSO investigates crimes, apprehends suspects, and serves warrants. They also provide various services, such as traffic enforcement, emergency response, and community outreach programs. Local Police Departments: In addition to the Guadalupe County Sheriff's Office, several municipalities in Guadalupe County have their own police departments. For example, the cities of Seguin, Schertz, Cibolo, and Marion each have dedicated police forces responsible for enforcing local ordinances, responding to emergencies, and investigating criminal activities within their jurisdictions. Texas Department of Public Safety (DPS): The Texas Department of Public Safety plays a vital role in law enforcement throughout the state, including Guadalupe County. DPS troopers patrol the county's roadways, enforcing traffic laws and ensuring public safety. They also conduct criminal investigations, assist local agencies, and provide support during emergencies. Texas Rangers: As an elite division within the Texas Department of Public Safety, the Texas Rangers may become involved in high-profile or complex criminal cases in Guadalupe County. They offer specialized investigative expertise and collaborate with local law enforcement agencies to solve major crimes, including homicides, public corruption, and organized criminal activities. In the next section, we will explore the Guadalupe County Jail, where individuals arrested within the county are processed and held. Understanding the procedures and rights within the jail system is crucial when facing criminal charges in Guadalupe County. Guadalupe County Jail When individuals are arrested in Guadalupe County, Texas, they may find themselves processed and temporarily held in the Guadalupe County Jail. In this section, we will explore the Guadalupe County Jail and provide important information regarding the arrest and incarceration process. Guadalupe County Jail 2615 N Guadalupe St. Seguin, TX 78155 Phone: (830) 303-8866 The Guadalupe County Jail serves as a facility for temporarily housing individuals who have been arrested within the county. It is operated by the Guadalupe County Sheriff's Office and is designed to ensure the safety, security, and well-being of both inmates and staff. The jail also facilitates the process of judicial proceedings by securely detaining individuals awaiting trial or serving their sentences. Booking and Processing Procedures When individuals are arrested in Guadalupe County, they are typically taken to the Guadalupe County Jail for booking and processing. During this stage, personal information, including fingerprints, photographs, and details about the alleged offense, is collected. The booking process establishes an official record of the arrest and ensures accurate identification of the individual. Understanding Bail Bonds After the booking process, an arrested individual may have the opportunity to secure release from custody through the posting of bail. In Guadalupe County, there are different types of bail bonds available to individuals who have been arrested. Understanding the distinctions between these types of bonds is crucial when it comes to securing the release of a defendant from custody. Let's delve further into the various types of bail bonds, including cash, personal recognizance (PR), and surety bonds, and explore their unique requirements and considerations. Cash Bonds: Cash bonds involve the payment of the full bail amount in cash to the court or jail. This type of bond is usually required after the defendant has missed court once before and requires the defendant or their representative to provide the full bail amount upfront. If the defendant complies with all court appearances and obligations, the cash bond will be returned at the conclusion of the case, regardless of the outcome. It is important to note that paying a cash bond may tie up a significant amount of money until the case is resolved. Surety Bonds: Surety bonds involve the assistance of a bail bondsman or bail bond company. When a surety bond is utilized, the defendant pays a percentage of the bail amount (usually 10% to 15%) to the bail bondsman, who then posts the full bail amount with the court or jail on behalf of the defendant. The bail bondsman assumes responsibility for ensuring the defendant's appearance in court. If the defendant fails to comply with the court's requirements, the bail bondsman may be liable for the full bail amount. The percentage paid to the bail bondsman is typically non-refundable. Personal Recognizance (PR) Bonds: Personal recognizance (PR) bonds, also known as release on recognizance (ROR) bonds, allow the defendant to be released from custody without the need to provide any monetary payment upfront. Instead, the defendant signs a written promise to appear in court as scheduled. PR bonds are typically granted to individuals with strong community ties, minimal flight risks, and non-violent offenses. Granting of a PR bond is totally discretionary with the magistrate who is setting the bond and are relatively rare. Visitation Process The Guadalupe County Jail provides a visitation process that allows friends, family, and legal representatives to meet with inmates. Visitation schedules, guidelines, and restrictions are established to maintain order and security within the facility. It is important to familiarize yourself with the specific rules and procedures for visitation. The Visitation Schedule is Located Here. Online Resources The Guadalupe County Sheriff's Office provides online resources where individuals can check information about their arrest or case. These online platforms may offer access to arrest records, case status updates, and inmate search tools. Checking these resources can help individuals and their loved ones stay informed about their legal situation. Information About the Arrest and Booking is located here. Information About the Filed Case and Court Dates are located here. In the next section, we will explore the prosecuting agencies in Guadalupe County, shedding light on the entities responsible for handling criminal cases and seeking justice. Prosecuting Agencies Although many counties in Texas divide prosecution responsibilities for felonies and misdemeanors between a District Attorney and a County Attorney, the primary prosecuting agency in Guadalupe County is the Guadalupe County Attorney's Office. The County Attorney serves as the chief prosecutor and is responsible for representing the state in misdemeanor criminal cases. They work to ensure that the laws of the state are upheld, victims' rights are protected, and justice is pursued. Roles of Prosecutors Prosecutors play a distinct role in the criminal justice system, distinct from judges and law enforcement. While law enforcement agencies, such as the Guadalupe County Sheriff's Office, investigate crimes and make arrests, prosecutors are responsible for evaluating the evidence and deciding whether to bring charges against individuals. They act as legal advocates for the state, presenting evidence, questioning witnesses, and arguing their case in court. Contrasting with judges, prosecutors do not have a neutral role but instead actively pursue convictions on behalf of the state. It is their duty to seek justice by holding individuals accountable for their alleged crimes. However, prosecutors must adhere to ethical guidelines and ensure that defendants' rights are respected throughout the legal process. Process of Case Evaluation, Charging, and Prosecution When a crime is committed, the Guadalupe County Attorney's Office evaluates the evidence presented by law enforcement agencies. They consider factors such as the strength of the evidence, witness statements, and the severity of the offense in determining whether to charge an individual with a crime. This evaluation process aims to ensure that charges are based on credible evidence and that there is a reasonable likelihood of securing a conviction. Once charges are filed, the prosecution proceeds to the court system. The case may progress through various stages, including arraignment, pretrial motions, plea negotiations, and potentially a trial. During this process, the prosecution presents its evidence and arguments to convince the judge or jury of the defendant's guilt beyond a reasonable doubt. It is crucial for individuals facing criminal charges in Guadalupe County to have skilled legal representation. A knowledgeable criminal defense attorney, such as Brad Thornton, can thoroughly evaluate the prosecution's case, challenge evidence, protect the defendant's rights, and advocate for the best possible outcome. In the next section, we will explore the courts of jurisdiction in Guadalupe County, where criminal cases are adjudicated and judgments are rendered. Courts in Guadalupe County Guadalupe County, Texas, has a well-defined court system with multiple courts that handle criminal cases. Understanding the hierarchy, functions, and stages of the court process is essential for individuals involved in criminal proceedings. In this section, we will provide an overview of the courts with jurisdiction over criminal cases in Guadalupe County, including their addresses, and explain the stages of the criminal court process. District Courts The District Courts in Guadalupe County are the highest-level trial courts with general jurisdiction over felony criminal cases. The following District Courts operate in Guadalupe County: 274th District Court 25th District Court 2nd 25th District Court 456th District Court The Guadalupe County District Courts are located at: 211 West Court Street Seguin, Texas 78155 County Courts Guadalupe County also has County Courts that handle misdemeanor criminal cases. These courts have limited jurisdiction over certain types of offenses. The County Courts in Guadalupe County are County Court at Law 1 and County Court at Law 2. The Guadalupe County District Courts are located at: 211 West Court Street Seguin, Texas 78155 Justice of the Peace Courts The Justice of the Peace Courts handle Class C misdemeanor cases and minor criminal matters, including traffic violations and small claims. Guadalupe County is divided into four precincts, each with its own Justice of the Peace Court: Precinct 1 Justice of the Peace: Address - 2405 E. US Hwy 90 Seguin, Tx 78155 Precinct 2 Justice of the Peace: Address - 101 E. Court St. Seguin, Tx 78155 Precinct 3 Justice of the Peace: Address - 1101 Elbel Road, Ste. 6 Schertz, Tx 78154 Precinct 4 Justice of the Peace: Address - 11144 FM 725 Seguin, Tx 78155 Municipal Courts Municipal Courts in Guadalupe County have jurisdiction over violations of city ordinances within their respective jurisdictions. The specific addresses and locations of municipal courts may vary depending on the city. It is advisable to consult the relevant municipality's official website or contact the municipal court directly for more information. Stages of the Criminal Court Process: The criminal court process typically involves several stages, including: Arraignment: The defendant appears before the court, is informed of the charges against them, and enters a plea. Pretrial Motions: Both the prosecution and defense may file motions to address specific legal issues or seek evidence suppression. Plea Negotiations: The prosecution and defense may engage in discussions to explore the possibility of reaching a plea agreement. Trial: If the case proceeds to trial, evidence is presented, witnesses are examined, and the judge or jury determines guilt or innocence. Sentencing: If the defendant is found guilty, the judge imposes a sentence, which may include fines, probation, or incarceration. In the next section, we will discuss the role and functions of the Adult Probation Department in Guadalupe County, which plays Adult Probation Department The Guadalupe County Adult Probation Department plays a crucial role in the criminal justice system by providing supervision and support to individuals who have been placed on probation. Probation serves as an alternative to incarceration and aims to rehabilitate offenders while ensuring public safety. In this section, we will explore the role and functions of the Guadalupe County Adult Probation Department, discuss the purpose and requirements of probation, and highlight the consequences of probation violations. The Adult Probation Department has two offices: Seguin Office 209 E. DONEGAN SEGUIN, TEXAS 78155 (830)303-0058 Schertz Office 1052 FM 78, STE 105 SCHERTZ, TEXAS 78154 (210)945-8280 Role of the Adult Probation Department The Guadalupe County Adult Probation Department is responsible for the supervision and monitoring of individuals who have been placed on probation. Its primary goal is to promote offender rehabilitation and reduce recidivism rates. The department works in collaboration with the courts, treatment providers, and community resources to provide guidance, support, and accountability to probationers. Purpose and Requirements of Probation Probation is a legal status granted by the court, allowing individuals convicted of a crime to serve their sentence in the community under specified conditions. The purpose of probation is to provide offenders with an opportunity to reintegrate into society while holding them accountable for their actions. The requirements of probation may include: Supervision: Probationers are required to report regularly to a probation officer who monitors their compliance with court-ordered conditions. Drug Testing: Depending on the circumstances of the offense, probationers may be subject to random drug testing to ensure compliance with sobriety requirements. Counseling and Treatment: In some cases, probationers may be required to attend counseling, therapy, or rehabilitation programs to address underlying issues such as substance abuse or anger management. Community Service: The court may order probationers to perform a certain number of community service hours as a form of restitution and community reintegration. Consequences of Probation Violations Probation violations can have serious consequences, including: Warning or Modification: For minor violations, probation officers may issue warnings or modify the terms of probation to address the issue. Court Hearings: Significant violations may result in a probation violation hearing, where the court evaluates the alleged violation and determines the appropriate course of action. Revocation and Incarceration: If the court finds that a probation violation has occurred, it has the authority to revoke probation and order the individual to serve the original sentence in jail or prison. Alternatives to Incarceration In some cases, alternatives to incarceration may be available for probationers who violate the terms of their probation. These alternatives can include increased supervision, intensified treatment programs, or community-based sanctions. The court considers various factors, such as the severity of the violation, the probationer's compliance history, and the potential for rehabilitation, in determining the appropriate response to a violation. The Guadalupe County Adult Probation Department plays a vital role in supporting individuals on probation and promoting their successful reintegration into society. If you or a loved one is facing probation, consulting with an experienced criminal defense attorney like Brad Thornton can provide valuable guidance and representation to navigate the probation process effectively. In the next section, we will conclude our guide by highlighting the expertise and services provided by Guadalupe County Criminal Defense Attorney Brad Thornton. Arrested in Guadalupe County? Call Criminal Defense Attorney Brad Thornton Having a skilled and experienced criminal defense attorney is of paramount importance when facing criminal charges in Guadalupe County. Throughout this guide, we have explored various aspects of the criminal justice system in Guadalupe County, including law enforcement agencies, the county jail, prosecuting agencies, courts of jurisdiction, and the adult probation department. Now, let's emphasize the expertise and qualifications of Brad Thornton, a distinguished criminal defense attorney serving Guadalupe County, and why he is the right choice for your legal representation. Brad Thornton brings a wealth of knowledge and experience to the table, having served as a former chief prosecutor. This background provides him with unique insights into the strategies and tactics employed by prosecuting agencies in Guadalupe County. Furthermore, Brad Thornton is Board Certified in criminal law, a distinction held by only a select group of attorneys. This certification attests to his exceptional expertise and dedication to criminal defense, ensuring that he possesses the knowledge and skills necessary to handle complex criminal cases. As a criminal defense attorney, Brad Thornton is committed to protecting the rights of his clients and achieving favorable outcomes. He understands the importance of thorough case investigation, diligent evidence analysis, and strategic defense planning. Brad Thornton works tirelessly to build strong defense strategies tailored to the unique circumstances of each case, striving to secure the best possible results for his clients. By seeking a free consultation with Brad Thornton, you gain the opportunity to discuss your case directly with a seasoned legal professional. During the consultation, he will listen to your concerns, evaluate the details of your case, and provide you with personalized legal advice. This initial consultation serves as an invaluable opportunity to gain insights into your legal options and to understand how Brad Thornton can advocate for your rights and interests. When your future and freedom are at stake, it is essential to have a dedicated and experienced criminal defense attorney like Brad Thornton by your side. His extensive legal knowledge, prosecutorial background, Board Certification in criminal law, and unwavering commitment to his clients make him an exceptional choice for anyone facing criminal charges in Guadalupe County. Don't navigate the complexities of the criminal justice system alone. Contact Brad Thornton at 210-439-5627 to schedule your free consultation and take the first step toward a strong defense.

If you or a loved one is facing family violence charges, it is crucial to understand the significant consequences that can arise from a finding or conviction. In this blog post, we will delve into the far-reaching implications of a family violence finding or conviction, shedding light on the potential effects on your legal status, gun rights, employment prospects, housing options, and more. By gaining a comprehensive understanding of these consequences, you can make informed decisions and take proactive steps to protect your rights and future. To comprehend the consequences of a family violence finding, it is crucial to have a clear understanding of what family violence entails and its legal implications. This section aims to provide you with a comprehensive overview of family violence within the context of Texas law. What is Family Violence in Texas? Family violence refers to acts committed by one family or household member against another that result in physical harm, bodily injury, assault, or the threat of imminent harm. It encompasses a range of abusive behaviors, including physical violence, emotional abuse, sexual assault, stalking, and harassment. Texas law takes family violence seriously and has specific provisions in place to address and prevent such incidents. The legal basis for determining whether an offense qualifies as family violence can be found in Article 42.013 of the Texas Code of Criminal Procedure. According to this article, if a person is charged with an offense involving family violence, the court must make a finding on the record as to whether the offense meets the definition of family violence as outlined in Section 71.004 of the Texas Family Code. Section 71.004 of the Texas Family Code defines family violence and provides guidance on what falls under its purview. According to this section, family violence includes acts committed by a member of a family or household against another family or household member that results in physical harm, bodily injury, assault, or the threat of imminent harm. It also encompasses various forms of abuse, such as sexual assault, stalking, or behavior intended to cause emotional distress or coercion. Enhancement of Future Family Violence Offenses When it comes to assaults involving family violence, the consequences can escalate if you have a prior family violence conviction on your record. In Texas, a subsequent assault offense with family violence can be enhanced from a Class A misdemeanor to a third-degree felony. This enhancement significantly increases the severity of the offense and carries harsher penalties, including potential imprisonment for two to ten years and substantial fines. Assaults by strangulation are particularly serious and dangerous acts of violence. When such an offense occurs within the context of family violence and the accused individual has a previous family violence conviction, the consequences become even more severe. In Texas, an assault by strangulation offense involving family violence can be enhanced from a third-degree felony to a second-degree felony. This enhancement raises the stakes significantly, potentially leading to imprisonment for two to twenty years and substantial fines. It is important to note that even if you have been placed on deferred probation for a family violence offense, the fact that you were previously charged or convicted of family violence can still be used against you for enhancement purposes. Although deferred probation technically results in a dismissal upon successful completion of the probationary period, the prior charge or conviction can still be considered if you face subsequent family violence charges. This means that even if you were given an opportunity for deferred probation and had the charges dismissed, the prior record can still have an impact on the severity of any future family violence offenses. Collateral Consequences of a Family Violence Finding Facing a family violence finding or conviction can have far-reaching implications that extend beyond the immediate legal consequences. It is essential to recognize and understand the collateral consequences that may arise as a result. In this section, we will explore the various collateral consequences that individuals may encounter when dealing with a family violence finding or conviction. These consequences can have a significant impact on your personal, professional, and legal life, underscoring the importance of seeking legal guidance to navigate these complexities effectively. Gun Ownership and Other Licenses In Texas, one of the biggest consequences of a family violence finding relates to gun ownership. Under federal law, individuals convicted of a misdemeanor crime of domestic violence are prohibited from owning, possessing, or purchasing firearms. This restriction is enforced through the Lautenberg Amendment, which was passed to protect victims of domestic violence and prevent further harm. A family violence finding or conviction can trigger this federal prohibition and result in the loss of your gun rights. In addition to federal laws, Texas has its own regulations regarding gun ownership for individuals with family violence findings or convictions. State law prohibits individuals with certain family violence offenses from owning or possessing firearms. Although the Texas limitation expires after 5 years, the federal limitation lasts for your lifetime. In Texas, a family violence finding can have implications for hunting and fishing licenses. While it's important to note that the specific consequences may vary depending on individual circumstances and the nature of the offense, there are potential restrictions that individuals with a family violence finding or conviction may face regarding hunting and fishing licenses. When applying for hunting or fishing licenses in Texas, individuals are often required to disclose any criminal convictions or findings related to family violence. The Texas Parks and Wildlife Department (TPWD) considers public safety as a priority, and they may assess applications on a case-by-case basis, taking into account the nature and severity of the offense. Employment and Housing Having a family violence record can present challenges when seeking employment. Many employers conduct background checks, and a finding or conviction can negatively impact your chances of securing certain jobs or professional licenses. Housing providers, such as landlords or property management companies, often conduct background checks on prospective tenants. A family violence finding or conviction may raise concerns for landlords, potentially leading to difficulties in finding suitable housing. Other Collateral Consequences In addition to the federal and state loss of gun rights, as well as employment and housing issues, there are other collateral consequences that may arise from a family violence finding or conviction. Depending on your profession, a family violence finding or conviction can result in the loss of professional licenses or place limitations on your career options. Certain occupations, such as those involving childcare, healthcare, or law enforcement, may have specific regulations regarding individuals with family violence records. Family violence findings or convictions can have implications for child custody and visitation arrangements in family law cases. Courts prioritize the safety and well-being of children, and a family violence record may influence decisions regarding custody and visitation rights. Non-U.S. citizens facing a family violence finding or conviction may experience severe consequences on their immigration status. Family violence offenses can be grounds for deportation or denial of certain immigration benefits. It is critical to seek advice from an immigration attorney to understand the potential impact on your immigration status. San Antonio Domestic Violence Attorney Brad Thornton If you are facing the consequences of a family violence finding or conviction, it is crucial to have a skilled criminal defense attorney by your side. As a former chief prosecutor and a board-certified criminal law specialist, I, Brad Thornton, possess the experience, knowledge, and dedication necessary to effectively defend you against the accusations With my background as a former chief prosecutor, I have gained invaluable insights into the strategies employed by the prosecution. This unique perspective allows me to anticipate their tactics, identify weaknesses in their case, and build a strong defense on your behalf. I understand the complexities of the legal system and have a track record of achieving favorable outcomes for my clients. Being board certified in criminal law demonstrates my commitment to excellence and expertise in this specialized area of law. Board certification is a rigorous process that involves meeting stringent criteria, including experience, peer evaluations, and passing a comprehensive examination. By choosing a board-certified attorney, you can have confidence in their qualifications, as well as their commitment to providing you with the highest level of legal representation. Your future, rights, and reputation are at stake, and I am here to guide you through this challenging time. I offer free consultations to discuss your case, answer your questions, and develop a personalized defense strategy tailored to your unique circumstances. By entrusting me with your defense, you can expect unwavering advocacy, meticulous attention to detail, and an unwavering commitment to protecting your rights. Don't face the consequences of a family violence finding or conviction alone. Contact my office at 210-439-5627 today to schedule your free consultation and let me fight for you. Remember, having a skilled and experienced attorney can make all the difference in securing a favorable outcome in your case.

When facing criminal charges, the stakes are high, and your choice of a defense attorney can make all the difference in the outcome of your case. With so much riding on this decision, it's crucial to approach the selection process with careful consideration. As a criminal defense attorney in San Antonio, Texas, I understand the challenges and complexities individuals face when navigating the legal system. That's why I want to share with you the number one question you should ask when hiring a criminal defense attorney. This seemingly simple question holds the key to understanding an attorney's experience, abilities, and overall effectiveness in the courtroom. But first, we will look at the one question you should never ask. By arming yourself with the right questions and knowledge, you can make an informed decision that has the potential to shape the trajectory of your case. The One Question You Should Never Ask When you are interviewing or meeting with criminal defense attorneys to handle your case, the one question you should never ask is “Can you promise me a certain outcome?” More importantly, you should be leery of hiring anyone who does make a promise that he can promise to get your case dismissed or promises a not guilty verdict at trial. When facing criminal charges, it's natural to seek reassurances and guarantees regarding the outcome of your case. However, it is important to understand that any attorney who promises a guaranteed dismissal is not acting ethically or responsibly. The legal system is complex, and outcomes are influenced by various factors, including evidence, witnesses, and the judge's interpretation of the law. Even if you think you told the attorney all of the facts he needs to give you that opinion, there is still tons of information he would need to review to give a realistic opinion. A reputable attorney will provide an honest and realistic assessment of your case based on their experience and legal knowledge, only after looking at all of the evidence in possession of the police. Promising a dismissal without thoroughly examining the details of the case is not only unethical but also misleading. Every case is unique, and the outcome depends on a myriad of variables. Instead of making empty promises, a competent defense attorney will focus on understanding the facts, analyzing the evidence, and developing a strong defense strategy based on their expertise. The One Question You Should Always Ask When it comes to hiring a criminal defense attorney, there is one question that stands above the rest in terms of its significance: "How many trials do you have?" The number of trials an attorney has handled serves as a critical indicator of their experience, abilities, overall effectiveness in the courtroom, and knowledge of how to evaluate a case and accurately negotiate a plea deal if needed. By posing this question, you gain insights into an attorney's trial experience that can greatly impact the outcome of your case. A high number of trials An attorney with a high number of trials under their belt is an encouraging sign. I would say that a high number of jury trials is anything over 20. It indicates a wealth of experience, confidence, and comfort in the courtroom environment. Through their extensive trial experience, these attorneys have encountered a variety of legal scenarios adding to their ability to assess a case, honing their litigation skills, and become well-versed in how a case will likely play out in front of a jury and what steps to take to get the best result. Furthermore, a high number of trials demonstrates an attorney's ability to handle complex legal proceedings effectively. They have likely encountered a range of legal challenges, allowing them to develop a deep understanding of trial strategies and tactics. This experience translates into an attorney who can craft persuasive arguments, skillfully cross-examine witnesses, and present compelling cases before judges and juries. Importantly, trial experience enables an attorney to accurately assess the value of a case to a judge or jury. This knowledge is crucial in negotiating plea bargains or determining the most appropriate legal steps to achieve the best possible outcome for their clients. Without firsthand trial experience, an attorney may lack the perspective to make these assessments and could compromise your defense. A low number of trials Conversely, an attorney with a low number of trials may raise concerns about their courtroom experience and their ability to effectively represent you. Personally, I would be concerned if an attorney had tried less than 10 cases to a jury. Limited exposure to trial proceedings could hinder their confidence and effectiveness in advocating for your rights and navigating the complexities of the courtroom. A low number of trials also raises questions about an attorney's negotiation skills, willingness to take cases to trial when necessary, and even the possible fear of actually taking a case to trial. Effective negotiation requires a deep understanding of the potential trial outcomes and the ability to accurately assess the strengths and weaknesses of a case. Attorneys with minimal trial experience may struggle to negotiate effectively with the prosecution or accurately gauge how a case would likely unfold before a judge or jury. Assessing whether an attorney's experience aligns with your specific needs is vital. Depending on the nature of your case, you may require an attorney with extensive trial experience or one who excels in negotiation and alternative dispute resolution. By considering an attorney's trial history, you can make an informed decision that best suits your unique circumstances. How to Ensure You Are Getting an Experienced Attorney When seeking an attorney with substantial trial experience, hiring a board-certified criminal attorney is one effective way to ensure their competence and expertise. Board certification is a rigorous process that attorneys must go through to demonstrate their exceptional skills and dedication to their practice. Board certification is a voluntary designation that goes beyond the basic requirements of being a licensed attorney. Attorneys seeking board certification in criminal law must meet stringent criteria set by their jurisdiction's legal board. These requirements include: Rigorous experience criteria: Attorneys must demonstrate a substantial involvement in criminal law, including a minimum number of trials and hearings, as well as a specified duration of practice in the field and double the amount of continuing education credits over what is normally required. Evaluations and examinations: Board certification involves a full day examination substantially more rigorous than the criminal law section of the bar exam and peer evaluation by judges and other attorneys, which assess an attorney's knowledge, skills, and ethics in criminal defense. By successfully meeting these demanding requirements, board-certified criminal attorneys demonstrate their commitment to excellence and their dedication to staying current with the evolving legal landscape. Board-certified criminal attorneys have demonstrated a high level of legal knowledge and expertise in the courtroom. Their trial experience, combined with ongoing professional development, ensures they are well-versed in the latest laws, procedures, and strategies relevant to criminal defense. This expertise allows them to navigate your case effectively, craft persuasive arguments, and present compelling evidence before judges and juries. By hiring a board-certified criminal attorney, you can have peace of mind knowing that you are working with a legal professional who has proven their competence, expertise, and commitment to excellence in criminal defense. San Antonio Criminal Defense Attorney Brad Thornton In conclusion, when it comes to hiring a criminal defense attorney, the question of "How many trials do you have?" stands as the most crucial inquiry you can make. Understanding an attorney's trial experience provides valuable insights into their abilities, confidence, and comfort in the courtroom, ultimately impacting the outcome of your case. By choosing an attorney with a high number of trials, you can benefit from their extensive experience, strategic approach, and familiarity with the complexities of trial proceedings. As a criminal defense attorney in San Antonio, Texas, I am here to provide you with the exceptional legal representation you need. With a track record of having tried over 100 cases, I possess extensive trial experience that translates into a deep understanding of courtroom dynamics, trial strategies, and effective advocacy. My experience as a former chief prosecutor has given me unique insights into the criminal justice system, enabling me to anticipate the strategies employed by the prosecution and build robust defenses on behalf of my clients. Furthermore, I am proud to be a board-certified criminal attorney, which demonstrates my commitment to excellence and the highest standards of legal practice. Board certification is not easily achieved, and it serves as an indicator of my competence, expertise, and dedication to providing exceptional criminal defense representation. When you choose me as your attorney, you can trust that you are getting a seasoned professional who will fight tirelessly to protect your rights and achieve the best possible outcome for your case. I offer free consultations to discuss the specifics of your situation and provide you with an honest assessment of your legal options. To schedule your free consultation, please call my office at 210-439-5627. I understand the challenges and complexities individuals face when dealing with criminal charges, and I am here to guide you through the legal process with compassion, skill, and unwavering dedication. Don't face your legal challenges alone—hire a proven advocate who will stand by your side every step of the way. Contact me today, and let's begin building a strong defense tailored to your unique needs.

As a seasoned criminal defense attorney based in San Antonio, Brad Thornton is dedicated to helping individuals and families facing challenging legal situations. In this article, we will shed light on the different types of protective orders and the potential consequences for violating them. By gaining a comprehensive understanding of these crucial aspects, you can make informed decisions to protect your rights and ensure your safety. Understanding the nuances of protective orders is essential for anyone facing charges for family violence. This article will explore the three primary types of protective orders prevalent in Texas: Emergency Protective Orders (EPOs), Temporary Ex Parte Protective Orders, and Final Protective Orders. We will delve into the specific criteria for obtaining each type of order, the procedures involved, and the duration of their effectiveness. It is vital to recognize that violating a protective order can have severe consequences. Texas law imposes strict penalties for violating these orders, which can include fines, imprisonment, or additional legal consequences. By familiarizing yourself with the potential repercussions, you can make informed decisions and take proactive steps to prevent any inadvertent violations. With this comprehensive guide, Brad Thornton aims to empower individuals facing family violence cases to navigate the complex landscape of protective orders in Texas. By understanding the different types of orders and the potential consequences for violations, you can protect your rights, ensure your safety, and make informed decisions throughout the legal process. Emergency Protective Orders in Texas Emergency Protective Orders (EPOs) are court-issued orders that provide immediate protection to victims of family violence in Texas. It is important to note that a Magistrate's Order of Emergency Protection can only be issued after an arrest has been made in connection with a family violence offense. The purpose of an EPO is to establish legal boundaries and prevent further harm or contact between the parties involved. By obtaining an EPO, victims can seek safety and begin the legal process of holding their abusers accountable. EPOs are available in various types of cases where family violence is involved. These cases include offenses such as family violence, trafficking and continuous trafficking, sexual assault, indecent assault, aggravated sexual assault, and stalking. The availability of EPOs in these cases aims to provide immediate protection and support to victims, ensuring their safety and well-being. In cases involving serious bodily injury or the use or exhibition of a deadly weapon, law enforcement officers are mandated by law to request a mandatory EPO to prioritize the immediate safety of the victim. On the other hand, discretionary EPOs can be sought by eligible individuals, including victims of family violence, prosecuting attorneys, and peace officers. The length of an EPO in Texas varies depending on the circumstances and the discretion of the court. Typically, an EPO remains in effect for a period of up to 31 days; however, the court may extend the duration of the EPO to up to 61 days. It is crucial to understand that the court has the authority to determine the appropriate length of the EPO based on the specific circumstances and the need for continued protection. In cases involving a deadly weapon, the court can extend the duration of an EPO beyond 61 days, up to a maximum of 91 days. Modifying or Removing and Emergency Protective Order in Texas Modifying an Emergency Protective Order (EPO) can be a challenging process due to judicial hesitancy and procedural hurdles. Judges are generally reluctant to lift a protective order, even if requested by the victim. However, they may be more open to considering modifications to the order. Despite this possibility, there are several obstacles to navigate when seeking a modification. One significant challenge is that the magistrate who initially issued the EPO is unlikely to make changes to it. Typically, you will need to wait until the case is filed in a county or district court, which can take weeks. Once in court, if the prosecution is unwilling to agree to the modification, it is probable that the judge will schedule a hearing to address the matter. However, due to the court's busy docket, it is possible that the hearing may not occur until the end of the EPO's duration. Consequently, from a practical standpoint, changing an EPO, even with the support of the alleged victim, can be an arduous task. Temporary Ex Parte Protective Orders in Texas Temporary Ex Parte Protective Orders are court-issued orders designed to provide immediate protection to family or household members who are facing a clear and present danger of family violence. These orders are granted without the presence or notification of the alleged perpetrator, prioritizing the safety and well-being of the applicant and their family members. Unlike EPOs, these types of protective orders can be issued at any time their requirements are met and do not require the filing of a criminal case. Temporary Ex Parte Protective Orders can be granted when there is a clear and present danger of family violence. According to Tex. Fam. Code § 83.001(a), these orders are intended to protect the applicant or a family member who is at risk of harm. To grant such an order, the judge must find that there is sufficient evidence of a clear and present danger of family violence. This determination is made based on the information and evidence presented to the court. Temporary Ex Parte Protective Orders are typically effective for a period of up to 20 days. However, upon request, the court may extend the duration of the order for an additional 20 days. It is important to note that the duration of these orders may vary depending on the specific circumstances and the discretion of the court. An Ex Parte Protective Order imposes certain restrictions and provisions to ensure the safety of the applicant and their family members. These orders can include various provisions, such as prohibiting the alleged perpetrator from contacting or approaching the protected individuals, maintaining a certain distance from their residence, place of employment, or other specified locations. Violating the terms of an Ex Parte Protective Order can result in serious legal consequences for the alleged perpetrator. Permanent (Final) Protective Orders in Texas Final Protective Orders are court-issued orders intended to provide long-term protection to victims of family violence. Unlike temporary orders, final protective orders have an extended duration and can significantly impact the lives of both the victim and the alleged perpetrator. These orders aim to establish boundaries, prevent further harm, and promote the safety and well-being of the victim and any other affected family members. To obtain a Final Protective Order, certain requirements must be met. The victim must provide evidence and convince the court that family violence has occurred, and there is a credible threat of future harm. Family violence offenses can include physical abuse, sexual assault, stalking, or other acts that pose a risk to the victim's safety. Final Protective Orders typically remain in effect for a period of up to two years. However, in certain circumstances, the court may extend the duration of the order. This extension may occur if the judge finds that the alleged abuser committed a family violence offense, caused serious bodily injury, or if the victim has been subjected to two or more protective orders in the past. The court has the discretion to determine the appropriate duration based on the specific circumstances of the case. Modifying or removing a Final Protective Order can be a complex process. Generally, the victim or the alleged perpetrator may petition the court to modify or terminate the order. However, the burden of proof lies with the requesting party to demonstrate that a change in circumstances justifies the modification or removal. Distinction Between Protective Orders and Conditions of Bond It is crucial to understand the distinction between Emergency Protective Orders (EPOs) and conditions of bond in family violence cases. While both serve to address safety concerns, they operate under different legal frameworks and have distinct implications. Protective Orders are court-issued orders designed to provide immediate protection to victims of family violence. They are separate from conditions of bond, which are set by the court as a condition of pretrial release for the defendant. EPOs primarily focus on protecting the victim and establishing boundaries to prevent further harm, while conditions of bond are intended to ensure the defendant's compliance with legal obligations and appearance in court, but still routinely impose the same or similar conditions as a protective order EPOs are typically sought by eligible individuals, such as victims, prosecuting attorneys, or peace officers, after an arrest has been made in connection with a family violence offense. On the other hand, conditions of bond are imposed by the court during the pretrial phase and may include requirements such as no-contact orders, mandatory counseling, or restricted access to firearms. While both EPOs and conditions of bond aim to address safety concerns in family violence cases, it is important to recognize their separate legal aspects and implications. Violating an EPO can result in serious consequences, including additional charges and potential imprisonment. Violating conditions of bond can lead to the same consequences as violating an EPO but can also lead to the revocation of bond and potential re-arrest. Family Violence Attorney Brad Thornton If you or a loved one are facing a family violence case and require guidance and representation, it is crucial to seek professional legal assistance. Navigating the complexities of protective orders and the legal implications surrounding them necessitates the expertise of an experienced criminal defense attorney. By securing dedicated legal counsel, you can protect your rights, understand your legal options, and work towards a favorable outcome. As a seasoned criminal defense attorney in San Antonio, Texas, Brad Thornton offers his clients comprehensive legal support and advocacy. With a background as a former prosecutor and board certification in criminal law, he brings a unique perspective to the table. Brad Thornton's in-depth understanding of both sides of the legal system allows him to craft effective defense strategies and provide strategic counsel tailored to each client's specific needs. To schedule a free consultation and learn more about how Brad Thornton can assist you with your family violence case and protective orders, please contact his office at 210-439-5627. The initial consultation provides an opportunity to discuss your situation, evaluate your options, and determine the best course of action moving forward. Remember, protecting your rights and securing experienced legal representation is paramount in family violence cases. Reach out to Brad Thornton today to ensure your case is handled with the utmost care and expertise.

When facing family violence charges in Texas, having an experienced criminal defense attorney by your side can make all the difference. I'm Brad Thornton, a dedicated criminal defense attorney based in San Antonio, Texas, and I understand the complexities of family violence cases. In this blog post, we'll delve into the world of family violence cases, exploring the role of evidence presented by both the state and the defense. By gaining insight into the typical trajectory of these cases and understanding the importance of expert legal counsel, you'll feel empowered to make informed decisions and take the necessary steps to protect your rights. Together, we can navigate the legal process and work towards the best possible outcome. So, let's dive in and explore the realm of criminal defense in family violence cases in Texas. Understanding Family Violence Cases in Texas Family violence is a serious matter that carries significant legal implications in the state of Texas. It refers to acts committed by one family or household member against another, including spouses, former spouses, dating partners, and individuals who share a child. The Texas Family Code defines family violence as any act intended to cause physical harm, bodily injury, assault, or sexual assault, or that creates a reasonable fear of such actions. When facing family violence charges, it is crucial to recognize the gravity of the situation. Convictions for family violence offenses can result in severe consequences, including jail time, fines, protective orders, loss of custody or visitation rights, and damage to personal and professional reputations. Understanding the potential ramifications is the first step in realizing the importance of seeking competent legal representation. Throughout this blog post, we will explore the intricate nature of family violence cases in Texas, focusing on the role of evidence presented by both the state and the defense. Understanding how these cases typically unfold and the weight that evidence holds can empower you to make informed decisions about your legal defense. Remember, having an experienced criminal defense attorney on your side can be the key to securing your rights and navigating the legal system effectively. State’s Evidence in Family Violence Cases In family violence cases, the state relies on a variety of evidence to build its case against the accused. Understanding the types of evidence typically presented by the prosecution will help you grasp the strength of their allegations. Let's explore the common sources of evidence presented by the state in family violence cases. Testimony of the Victim: The victim's testimony is a crucial component of the state's case. They recount their version of events, describing the alleged acts of violence or abuse. The prosecution will emphasize the victim's emotional state, physical injuries, and the impact of the incident on their well-being. Analyzing the victim's testimony can reveal inconsistencies or contradictions that may weaken the prosecution's argument. 911 Calls: Emergency calls made by the victim or witnesses often play a significant role in family violence cases. These recordings capture the initial moments of the incident, providing valuable information about the nature of the alleged offense, the parties involved, and the emotional state of the individuals. Scrutinizing the content of the 911 calls can help identify any discrepancies or factors that may influence the case. Medical and EMS Reports: If the alleged victim sought medical attention following the incident, medical and EMS (Emergency Medical Services) reports may be presented as evidence. These reports document the injuries observed, treatment provided, and the victim's condition. Analyzing these reports can help assess the severity and consistency of the injuries and identify any discrepancies between the victim's account and the medical findings. Third-Party Testimony: The state may call upon witnesses who were present during the incident or who have knowledge relevant to the case. These witnesses can include family members, neighbors, or friends who observed the events unfold or have information about the relationship between the parties involved. Evaluating the credibility and reliability of third-party testimony is crucial in assessing its impact on the case. Photographs and Physical Evidence: Visual evidence, such as photographs of injuries, damaged property, or the crime scene, can be compelling for the prosecution. These visual representations provide a tangible depiction of the alleged violence and can be influential in shaping the perception of the events. Careful examination of photographs and physical evidence is necessary to determine their authenticity, context, and any potential alternative interpretations. While the state's evidence may appear compelling at first glance, it is important to recognize that it is not infallible. There are potential challenges in evaluating the state's evidence and identifying weaknesses that can be exploited to your advantage. Some common weaknesses or inconsistencies to watch for include: Lack of Corroborating Evidence: In some cases, the state's evidence may heavily rely on the testimony of a single witness. Challenging the absence of corroborating evidence can weaken the prosecution's case and raise doubts about the accuracy of the allegations. Credibility Issues: Witness credibility is a crucial factor in any case. Evaluating the credibility of the state's witnesses is essential, as inconsistencies in their statements or prior inconsistencies can undermine their reliability. Additionally, uncovering any potential biases or motives to fabricate or exaggerate can significantly impact the case's outcome. Chain of Custody: When physical evidence, such as weapons or other objects, is presented by the state, it is important to scrutinize the chain of custody. Any gaps or mishandling in the chain of custody can raise doubts about the integrity and authenticity of the evidence. Legal Procedure Compliance: The prosecution must adhere to legal procedures when collecting and presenting evidence. Failure to follow proper procedures, such as obtaining search warrants or conducting lawful arrests, can lead to the exclusion of evidence or weaken the prosecution's case. By carefully analyzing the state's evidence and identifying potential weaknesses, an experienced criminal defense attorney can construct a strong defense strategy that challenges the prosecution's narrative and safeguards your rights. Defense Evidence in Family Violence Cases Thorough investigation and collection of evidence are essential components of building a robust defense strategy. Let's explore the various forms of evidence that the defense can present to counter the prosecution's allegations and protect the rights of the accused. Eyewitness Testimonies: Eyewitnesses who were present during the incident can provide crucial perspectives that challenge the state's version of events. Their testimonies can shed light on alternative explanations, highlight inconsistencies in the prosecution's case, or even provide an alibi for the accused. Gathering credible and reliable eyewitness testimonies is vital in constructing a compelling defense narrative. Expert Witnesses: Expert witnesses can bring specialized knowledge and insights to the defense case. In family violence cases, experts in areas such as forensics, psychology, or domestic violence dynamics can provide professional opinions that challenge the state's evidence or offer alternative interpretations. Expert witnesses can explain complex concepts to the jury, bolster the defense's credibility, and undermine the prosecution's arguments. Character Witnesses: Character witnesses can testify to the accused's good character, reputation, and non-violent nature. These witnesses may include friends, family members, colleagues, or community members who can vouch for the accused's positive attributes. By presenting character witnesses, the defense can counter any negative portrayals of the accused and help establish their credibility and moral standing. Alibi Evidence: If the accused has an alibi, presenting evidence that proves they were elsewhere during the alleged incident can be crucial in challenging the state's case. This evidence may include receipts, phone records, surveillance footage, or witness testimonies that place the accused at a different location at the time of the alleged offense. Alibi evidence can raise reasonable doubt and significantly impact the outcome of the case. Contradictory Evidence: The defense can present evidence that contradicts or challenges the state's evidence. This may involve uncovering inconsistencies, biases, or ulterior motives on the part of the complaining witness or other prosecution witnesses. By exposing these contradictions, the defense can weaken the prosecution's case and raise doubts about the reliability of their evidence. Affidavit’s from the Complaining Witness In Texas, the decision of whether to file misdemeanor charges or present felony charges to a grand jury rests with the state, specifically the prosecutor's office. It's important to note that this decision is not solely determined by the complaining witness, as the state holds the authority to assess the evidence and determine the appropriate level of charges. The role of the complaining witness is crucial in family violence cases, but it does not grant them the power to dictate the outcome of the charges. While the witness's cooperation and willingness to testify may influence the prosecutor's decision, it is ultimately the state's responsibility to assess the evidence, consider the severity of the offense, and make a determination based on the law. In some cases, a complaining witness may submit an Affidavit of Non-Prosecution (ANP) expressing a desire to drop the charges or not proceed with the case. An ANP is a written statement signed by the witness, indicating their request for the charges to be dismissed. However, it's important to understand that an ANP does not automatically lead to the dismissal of charges, and the prosecutor retains the discretion to proceed with the case based on other available evidence. During negotiations or trial proceedings, an ANP can be used as a bargaining tool by the defense. It can serve as evidence of the witness's change of heart or lack of cooperation, potentially leading to a more favorable resolution for the accused. However, it's essential to recognize that the state may still decide to move forward with the case, especially if there is other compelling evidence or concerns regarding the witness's safety. Furthermore, if the complaining witness decides to testify after submitting an ANP, the defense can utilize the affidavit for impeachment purposes. The defense may introduce the ANP as evidence to challenge the witness's credibility, showing inconsistencies between their prior statement and their current testimony. This can significantly impact the witness's reliability and the overall strength of the state's case. Crafting a Strong Defense Strategy Building a robust defense strategy is crucial in family violence cases to challenge the state's evidence and protect the rights of the accused. A skilled attorney understands the intricacies of the legal process and employs a comprehensive approach to develop a compelling defense. Let's explore the steps involved in crafting a strong defense strategy: Analyzing the State's Evidence: A skilled attorney thoroughly examines the evidence presented by the state. They scrutinize police reports, witness statements, medical records, 911 calls, photographs, and any other evidence to identify weaknesses, inconsistencies, or potential biases. By critically assessing the state's evidence, the defense can develop a counter-narrative and challenge the prosecution's version of events. Identifying Weaknesses: Through careful analysis, the defense attorney identifies weaknesses in the state's case. This includes inconsistencies in witness statements, contradictions in the evidence, or gaps in the chain of custody. By pinpointing these weaknesses, the defense can cast doubt on the credibility and reliability of the state's evidence, creating reasonable doubt in the minds of the judge or jury. Developing a Counter-Narrative: A skilled attorney constructs a compelling counter-narrative that challenges the state's allegations. This involves presenting alternative explanations, introducing witnesses who provide different perspectives, and utilizing expert testimony to provide a nuanced understanding of the incident. The defense's counter-narrative aims to undermine the prosecution's case and provide a plausible alternative scenario. Addressing Biases and Inconsistencies: The defense attorney meticulously addresses any biases or inconsistencies in the state's evidence. This may involve uncovering potential motives for false accusations, revealing biases of witnesses, or highlighting inconsistencies in testimonies. By exposing these issues, the defense aims to weaken the credibility of the state's evidence and enhance their own case. Presenting a Compelling Defense Case: A skilled defense attorney knows the importance of presenting a compelling defense case. They carefully select and prepare witnesses, including eyewitnesses, experts, and character witnesses, to bolster their arguments. The defense attorney effectively cross-examines the prosecution's witnesses, exposes inconsistencies, and uses persuasive techniques to present a strong defense. Utilizing Strategic Negotiation: A skilled defense attorney is proficient in negotiation techniques. They engage in strategic negotiations with the prosecution to seek favorable outcomes for their clients. This may involve leveraging weaknesses in the state's evidence, presenting strong counter-arguments, or utilizing an Affidavit of Non-Prosecution (ANP) as a bargaining tool. The defense attorney aims to secure the best possible resolution for their client, whether through dismissal, reduced charges, or alternative sentencing options. Crafting a strong defense strategy requires the expertise of an experienced criminal defense attorney who understands the nuances of family violence cases in Texas. By analyzing the state's evidence, identifying weaknesses, developing a counter-narrative, and addressing biases or inconsistencies, the defense attorney works diligently to protect the rights and interests of their client. By enlisting the services of a skilled attorney, you can ensure that your defense is comprehensive, compelling, and tailored to your specific case. Through diligent preparation and strategic advocacy, a strong defense strategy can significantly impact the outcome of your family violence case. San Antonio Family Violence Attorney Brad Thornton When facing family violence charges in Texas, it is crucial to have a skilled criminal defense attorney who understands the intricacies of these cases and can provide you with the strongest possible defense. As a former chief prosecutor who handled family violence cases for the state, I bring a unique perspective to the table. My experience on both sides of the courtroom gives me valuable insight into the strategies employed by the prosecution, allowing me to effectively challenge their evidence and protect your rights. I take pride in being board-certified in criminal law, a distinction that sets me apart in the field. This certification demonstrates my expertise and proficiency in criminal law, specifically in defending clients accused of crimes. It is a rigorous process that involves extensive evaluation of legal knowledge, experience, and professionalism. By entrusting your case to a board-certified attorney, you can be confident that you are receiving top-notch legal representation from an attorney who has demonstrated exceptional skill and dedication in the field. At my firm, I offer free consultations, providing you with an opportunity to discuss your case and gain insight into your legal options. I understand the stress and uncertainty that come with family violence charges, and I am here to guide you through the legal process, advocating for your rights every step of the way. Don't leave your future to chance. Contact me, Brad Thornton, a seasoned criminal defense attorney with a track record of success in family violence cases. Together, we will work towards the best possible outcome, ensuring that your voice is heard and your side of the story is vigorously defended. Call my office at 210-439-5627 to schedule your free consultation. Remember, having an experienced advocate on your side can make all the difference in achieving a favorable resolution to your family violence case.