Being charged with a felony in San Antonio can be a life-altering event. Felonies in Texas carry severe penalties, including lengthy prison sentences, hefty fines, and the potential loss of certain civil rights, like the right to vote or own a firearm.
This is not a situation anyone wants to be in, and your actions right after being charged can have a significant impact on the rest of your life. This is why it is so essential to secure legal assistance immediately.
An experienced felony defense attorney in San Antonio, like those at Stephen T. Bowling, DWI & Criminal Defense Attorneys, can protect your rights from day one. With the right defense strategy, you can significantly increase your chances of a favorable outcome, whether that means reducing the charges, avoiding jail time, or having your case dismissed altogether.
What to Do if You are Charged with a Felony in San Antonio
- Stay Calm
When facing felony charges in San Antonio, staying calm is the most important thing to do. It is easy to panic, but keeping your composure can help you avoid doing or saying things that can further incriminate you.
2. Stay Silent
More importantly, you need to stay silent. Anything you say to law enforcement can be used against you in court. Even if you think you are simply explaining your side of the story, law enforcement can twist your words and use them against you. This is why invoking your right to remain silent is so essential. Simply tell the officers, “I want to speak to my attorney,” then say nothing else until your lawyer is with you.
3. Exercise Your Right to an Attorney
You have the right to an attorney and should exercise that right immediately. Do not talk about your case with anyone, not even family or friends, unless under the advice of your attorney. It can be tempting to vent or seek advice from friends and family, but those conversations could be used against you later. Law enforcement might even try to get people close to you to testify against you. So, make sure your first call is to an experienced felony defense attorney who can protect your rights and guide you on what you should do and say next.
How to Avoid Making the Situation Worse
Avoid Social Media and Public Statements
In today’s digital age, everything you post online can and will be used against you. Even if your social media accounts are private, prosecutors and law enforcement may still find ways to access your posts.
This is not just about apparent confessions or incriminating pictures—your comments, check-ins, or even emojis can be used against you. So, the best thing to do is stay off social media entirely until your case is resolved.
Follow All Legal Instructions
After being charged with a felony, you may face bail conditions, court orders, or other legal restrictions. It is crucial to follow these restrictions closely. Violating the terms of your bail or any court order can lead to additional charges or the revocation of your bail.
Any violation could mean having to stay behind bars while waiting for your trial. It will also make it much harder for your attorney to negotiate on your behalf, as it signals you might not be taking the legal process seriously. So, ensure that you fully understand the conditions you have agreed to and meet all your legal obligations.
Can a Felony Charge Be Reduced to a Misdemeanor in San Antonio?
In some cases, an experienced felony defense attorney in San Antonio can negotiate with the prosecution to reduce a felony charge to a misdemeanor. This is often possible when the evidence against you is weak or when you cooperate with authorities. Your defense attorney can also present mitigating factors to the court, such as your background, lack of criminal history, or the circumstances surrounding the offense.
If your attorney can cast doubt on the prosecution’s evidence or show that you acted in a way that does not warrant felony charges, they may be able to secure a plea deal for lesser charges. Reducing a felony to a misdemeanor can significantly lessen the penalties you face, including a shorter jail sentence, smaller fines, and fewer long-term consequences.
On What Grounds Can a Felony Case Be Dismissed?
- Insufficient Evidence
For your case to go to trial, the prosecution must prove that there is enough evidence to convict you beyond a reasonable doubt. If the evidence is weak or contradictory, your attorney can file a motion to dismiss the charges. Texas law requires that the prosecution meet a high standard of proof; if they cannot, the case may not even make it to court. An experienced felony defense attorney will carefully review all the evidence, looking for gaps in the prosecution’s case that could lead to a dismissal.
- Violation of Your Constitutional Rights
Your case could also be dismissed if law enforcement violated your constitutional rights during the investigation or arrest. For example, if the police conducted an illegal search or seizure or failed to read you your Miranda rights, any evidence obtained could be suppressed. Under the Texas Code of Criminal Procedure, Article 38.23, evidence obtained in violation of the law cannot be used in court. Suppressing this evidence can significantly weaken the case against you, possibly leading to a dismissal.
Can You Get Probation for a Felony in Texas?
In Texas, probation—also known as community supervision—is available for some felony charges. This allows defendants to serve their sentence outside of jail under specific conditions, like regular check-ins with a probation officer and avoiding any criminal activity.
Whether or not you are eligible for probation depends on the nature of your offense and your criminal history. For example, probation could be an option if this is your first offense, and it is a non-violent crime.
Deferred adjudication is another alternative to traditional sentencing, typically available for first-time offenders and non-violent crimes. With deferred adjudication, you plead guilty to the charges, but the court does not enter a formal conviction.
Instead, you must complete a period of probation with specific conditions. Then, if you meet these conditions successfully, the charges can be dismissed, and you can avoid a felony conviction.
How a Felony Defense Attorney in San Antonio Can Help
A Thorough Case Review and Investigation
The first step your attorney will take is to thoroughly review the evidence against you. This includes examining the police report, witness statements, and any physical evidence collected by law enforcement. A skilled felony defense attorney in San Antonio will look for inconsistencies or mistakes in the investigation, such as violations of your constitutional rights. For example, if the police conducted an illegal search or failed to read your Miranda rights, your attorney could file to have certain evidence suppressed, which could lead to the dismissal of the case.
Filing Motions to Dismiss or Reduce the Charges
An experienced San Antonio felony defense attorney will not just sit back and wait for trial—they will file motions to dismiss or reduce the charges as soon as possible. This could involve challenging the legality of the arrest or questioning the strength of the prosecution’s evidence.
If there’s insufficient evidence to prove the case beyond a reasonable doubt, your attorney can argue for a dismissal. Alternatively, your attorney may be able to negotiate a reduction of a felony charge to a misdemeanor, which can drastically reduce the penalties you might face.
If you have been charged with a felony in San Antonio, you must act fast. The consequences of a felony conviction can affect you for the rest of your life, from the potential prison time to the loss of essential civil rights. Do not wait until it is too late—reach out to us today for a free consultation. The sooner you get us involved, the better your chances of achieving a favorable outcome in your case.
