Can a Felony Charge Be Dismissed in Bexar County?

Facing a felony charge in Bexar County is a serious matter that can have life-altering consequences. Felonies carry stiff penalties, including lengthy prison sentences, heavy fines, and a permanent criminal record. A felony conviction can derail your life, impacting everything from job opportunities to your ability to rent a home. But it is not all doom and gloom—legal avenues exist to fight these charges. With the right defense strategy and a clear understanding of your legal rights, it is possible to have some felony charges dismissed or, at the very least, reduced, putting you in control of your situation.

The most important step in this process is hiring an experienced criminal defense attorney in Bexar County. A skilled lawyer, like those at Stephen T Bowling, DWI & Criminal Defense Attorneys, can help you navigate the complexities of the legal system, ensuring your rights are protected, and your case is handled effectively.

Can a Felony Charge Be Dismissed in Bexar County?

Yes, under certain conditions, a felony charge in Bexar County can indeed be dismissed. Dismissals occur when the prosecution cannot prove the case beyond a reasonable doubt. According to the Texas Code of Criminal Procedure Article 28.01, a dismissal can happen if there is insufficient evidence, procedural errors, or violations of your constitutional rights. For example, if law enforcement obtained evidence through an illegal search, that evidence can be thrown out, which may lead to the case’s dismissal.

New exonerating evidence—such as an alibi or witness statements contradicting earlier testimony—can also lead to a dismissal. An experienced felony defense attorney in Bexar County can identify these opportunities and file the necessary motions to dismiss your case.

Is Jail Time Mandatory for a Felony in Bexar County?

Jail time is mandatory for certain felony convictions in Texas. Felonies are classified by degrees, with first-degree felonies carrying a sentence of 5 year to life in prison, and third-degree felonies resulting in 2 to 10 years in prison. However, avoiding jail time is possible if the felony charge is dismissed. For first-time offenders, the law also provides alternatives to prison, such as deferred adjudication.

Texas Penal Code § 12.44 allows for deferred adjudication, where the defendant pleads guilty but avoids a formal conviction. This alternative keeps you out of prison if you meet the court’s conditions, like completing probation or community service. A successful deferred adjudication results in the dismissal of your felony charge, keeping your record clean.

Can a Felony Charge Be Reduced to a Misdemeanor in Bexar County?

Reducing a felony charge to a misdemeanor is a viable option in Bexar County, often requiring the expertise of a seasoned Bexar County felony defense attorney. Under Texas Penal Code § 12.44(b), the court may downgrade a state jail felony to a misdemeanor if there are sufficient mitigating factors, such as the defendant’s lack of prior criminal history or if the crime was non-violent.

For example, a third-degree felony theft charge could be reduced to a misdemeanor if your attorney demonstrates that the evidence is weak or negotiates a favorable plea deal. Reducing the charge can significantly reduce the penalties, including the possibility of avoiding prison time altogether. Stephen T Bowling and his team can negotiate effectively on your behalf to achieve a more favorable outcome.

Can You Get Probation for a Felony in Texas?

Yes, probation, also called community supervision, is often available for non-violent felony offenders in Texas. According to Texas Code of Criminal Procedure Article 42A, probation can serve as an alternative to prison time. One form of probation is deferred adjudication, where you avoid a formal conviction by completing court-ordered conditions like probation, paying fines, or attending treatment programs.

This is particularly common for first-time offenders. If you successfully complete the terms of probation, the court will dismiss your case, and you will avoid a felony conviction. Probation is an option worth pursuing, especially for individuals looking to keep their records clean.

What Is One Reason Prosecutors May Decide to Dismiss a Case?

Prosecutors in Bexar County have the discretion to dismiss felony charges, particularly when the evidence is insufficient or weak. If the prosecution feels they cannot prove the case beyond a reasonable doubt, they may drop the charges, as required by Texas Code of Criminal Procedure Article 32.02. This can happen if key witnesses recant, the physical evidence is unreliable, or crucial legal procedures were not followed.

Additionally, prosecutors may dismiss a case if you cooperate with law enforcement or provide valuable information in another investigation. Exculpatory evidence—new facts that clear you of wrongdoing—can also lead to a dismissal.

Steps To Take to Get a Felony Charge Dismissed in Bexar County

Getting a felony charge dismissed takes strategic planning and the proper legal steps. Here is how you can work toward that outcome:

1. Hire a Skilled Defense Attorney: The first step is finding a felony defense attorney in Bexar County who has experience handling cases like yours. The attorneys at Stephen T Bowling’s have experience in all types of felony cases and know how to craft a strong defense.
2. Review the Evidence: Your attorney will work with you to examine all evidence, including the police report, witness statements, and physical evidence. They will look for inconsistencies or legal violations that could lead to a dismissal.
3. File a Motion to Dismiss: Your attorney can file a motion to dismiss if the prosecution’s case is weak or if there were any procedural violations during your arrest or investigation.
4. Negotiate with the Prosecutors: Sometimes, negotiating with the prosecution can lead to a dismissal or at least a reduction in the charges. Your attorney will advocate for you, potentially securing a plea deal that results in a lesser charge or alternative sentencing.

Contact Stephen T Bowling, DWI & Criminal Defense Attorneys

Facing a felony charge in Bexar County can be a frightening experience, but you do not have to go through it alone. The decisions you make early on can impact the rest of your life. Whether you are seeking a dismissal, a reduction in charges, or alternative sentencing options like probation, having the right legal team on your side is crucial.Our Bexar County felony defense attorneys have the experience and knowledge to guide you through the legal process and work toward the best possible outcome. Do not let a felony charge define your future—take action with a free consultation to protect your rights and freedom.