Hoeller McLaughlin PLLC | Hire a Fort Worth Criminal Defense Lawyer or DWI Attorney to Protect Your Rights and Fight Your Charge
- DWI (Misdemeanor or Felony charges),
- Assault and Domestic Violence Charges,
- Possession of a Controlled Substance and Drug Charges,
- Sex crimes (i.e. Indecency with a child, Sex assault, or Online solicitation of a minor),
- Violent crimes like murder and aggravated assault, or
- Theft and White Collar Crimes.
At Hoeller McLaughlin PLLC, we have some of the top criminal defense attorneys in Fort Worth and the surrounding Tarrant County area. We take the time to listen to your needs and help you develop a professional strategy for your defense. Our goal is a dismissal, no bill, or a reduction of your charge with a eye to the future for a chance to seal your record with an expunction or non-disclosure.
What we Offer in your Tarrant County DWI Defense:
1. EXTENSIVE TRIAL EXPERIENCE
Our firm has extensive trial experience in criminal and DWI defense. Our criminal defense attorneys and DWI lawyers have tried over 200 combined criminal trials, including over a hundred specifically involving DWI and DWI related charges.
In addition, we have reviewed and successfully negotiated thousands of criminal and DWI charges in Tarrant County, Texas. This experience gives us the knowledge to advise our clients if they are getting the best outcome possible on their charge.
2. FORMER DWI PROSECUTORS IN TARRANT, DALLAS, AND HARRIS COUNTY
Our team team at Hoeller McLaughlin PLLC are all former Tarrant County prosecutors. Being trained as a prosecutor gives us invaluable experience because we know exactly how the State of Texas will attempt to prosecute you on your criminal charges. This knowledge will allow our firm to build the best defense in fighting your criminal or DWI charge.
3. SUPERIOR KNOWLEDGE IN CRIMINAL LAW | BOARD CERTIFIED LAWYER
In addition to be trained as former prosecutors, our criminal defense attorneys know the inside and out of each and every aspect of a police investigation and State prosecution, including criminal laws, proper police procedures, DNA and blood forensic evidence, and knowing exactly how the State plans to introduce evidence into trial.
Partner Colin McLaughlin is Board Certified in Criminal Law by the Texas Board of Legal Specialization and all of our attorneys continuously attend criminal and DWI CLE seminars to make sure we are up to date on any change in the law.
For more serious aggravated cases, Partners Colin McLaughlin, Dustin Trammel, and Bryan Hoeller are also certified by the Courts to try cases up to capital murder charges, which requires a higher level of skills, courtroom experience, and CLE (continuing learning education).
4. HIGHLY RATED & AWARD WINNING FORT WORTH CRIMINAL DEFENSE ATTORNEYS
Our team has received over 250 5 star reviews on Google from our former clients. In addition, our team has been recognized for their outstanding performance in criminal law. Managing Partner Bryan Hoeller has been named a Texas Super Lawyer by Thomson Reuters for 2023 and 2024. Lindsay Truly and Dustin Trammel were also both named Super Lawyers Rising Stars by Thomson Reuters for 2022, 2023, and 2024. In addition to being Board Certified, Partner Colin McLaughlin was named a Top Criminal Lawyer in Fort Worth by Fort Worth Magazine for 2022, 2023, and 2024.
A Fort Worth Criminal Defense Lawyer to Protect Your Rights
When you’re facing criminal charges in Tarrant County, Texas, you’re probably worried about all of the possible outcomes and what will happen to you. Fortunately, one simple step can make this process much easier—talk to a top lawyer in Fort Worth about your case.
In addition to hiring a criminal defense attorney in Tarrant County who can help you navigate your case through each stage, you may also want to consider asserting some of your most basic rights or have questions about how the legal process works, such as:
- Your right to remain silent
- Your right to not self-incriminate or refuse to answer questions from law enforcement
- Your right against unreasonable searches and seizures
- Your self-defense rights (defending yourself, others, or property)
- Your right to a Tarrant County criminal defense attorney
- The burden of proof required to prove a criminal case against you
Being accused of a crime may cause a lot of stress and worry about the outcome, but our team is comprised of former prosecutors and top lawyers in Fort Worth and there are numerous strategies our team can use in your defense and/or help mitigate the consequences.
Our Strategy in Fighting Your Charge?
Our strategy at Hoeller McLaughlin PLLC is simple: Be 100% committed to holding the State of Texas to the highest burden of proof – Beyond a Reasonable Doubt. That includes:
- Case Review & Investigation: The first part of the our defense starts with a thorough evaluation and investigation into the criminal allegation, including investigating the background of any potential witness to the case (criminal history or any past history that would help in your defense), reviewing for possible defenses (i.e. self-defense), and determining if the State can even prove their charge beyond a reasonable doubt.
- Expert Analysis: If necessary, our strategy also involves getting the best investigators and experts throughout the Country to aid in your defense (DNA Experts, Blood Experts, Fingerprint Experts, Computer Forensic Experts, Former Police Officers, Detectives, FBI Agents, Etc.)
- Mitigation: Any proper defense strategy includes helping our clients put themselves in the best light to be viewed by the State, the Judge, or a potential jury. This includes making sure our clients are getting the proper treatment, if necessary, or being proactive about mitigating any damages.
How Does My Record Impact My Criminal Case?
Your criminal history can play in a big role in what happens to your case. If you’re a first-time offender, you may be eligible for a dismissal or reduced charges that can lead to a dismissal after a deferred probation period.
You may also be eligible to get a dismissal through one of the Tarrant County diversion programs, like the Deferred Prosecution Program (DPP), the First Offender Drug Program (FODP), Veteran’s Court, or the Public Safety Employees Treatment Court. Getting a dismissal is an important first step in the ultimate goal of getting the case sealed, through an expunction or a non-disclosure.
If you are a repeat or habitual offender, it can make it more difficult to get a dismissal or a reduction. Prosecutors, judges, and jurors tend to consider your record and other details when making their decisions about whether or not someone should be punished for their crimes and what kind of offers to make in a plea negotiation setting.
If you are a repeat or habitual offender, it’s important to devise a strategy to get the best outcome. If you are repeat drug offender, for example, than entering a rehab facility even before the case is resolved may be a good way to help mitigate the consequences.
False Accusations & Lack of Evidence in Fort Worth TX
Even with a clean record, you may be falsely accused of a crime, or the amount of evidence may be minimal (the standard for arrest is only probable cause, which is much lower than the standard to convict someone at a trial). It’s unfortunately frequent that people are accused of committing crimes they didn’t commit or charged with a crime the State cannot prove. These cases often turn into a game of hearsay and other issues that can quickly spiral into confusion and frustration.
But it is important to remember that the burden of proof 100% lies with the prosecution (the State of Texas). This means if you are arrested or charged with a crime, the prosecutor is tasked with providing evidence beyond a reasonable doubt that you committed any crime (the highest burden in any legal setting in the country). Our team at Hoeller McLaughlin PLLC makes sure to hold the State to that burden.
If you have been falsely accused or believe the evidence against is lacking, it’s important that you have an experienced Fort Worth criminal defense lawyer at their side. Talk to your lawyer about building a strong defense and strategy, rather than just hoping the prosecution will fail or drop the charges on their own. Often times, even in cases that appear weak on paper, it can takes a long time to convince a prosecutor to drop or reduce charges if they believe something happened.
Getting Your Criminal Charges Dismissed | Sealing Your record
A criminal defense lawyer in Fort Worth can help you build a case for dismissal, no bill, or acquittal, which means that the charges against you are dropped or dismissed. This doesn’t mean you won’t have any consequences from your arrest or charge, it just means that the charges can be minimized or eliminated.
Getting the case dropped is required if you are ever going to try and get the charge off your record. Charges do not automatically come off your record, you must file suit to get an expunction or non-disclosure.
Here’s how a Fort Worth criminal defense lawyer can get try to get you a dismissal:
- Were your constitutional rights violated during the stop, the arrest and the investigation?
- Can they link you to the offense?
- Do they have photos, videos, DNA, or other physical evidence supporting an arrest?
- Are the witnesses telling the truth? Do their stories line up?
- Was the evidence (DNA, blood and alcohol tests, etc.) collected properly under the law?
- Do you have a legal defense, like self-defense in an assault?
For example, your criminal defense lawyer can challenge evidence that was obtained illegally, such as blood or DNA samples taken without consent or a search warrant. If the evidence is thrown out because of a violation of your constitutional rights, then it cannot be used against you in court.
Additionally, if police officers or witnesses lied about what happened, then as the top criminal lawyers in Tarrant County TX, we will use this information in court as well. This type of evidence, especially in serious domestic violence, assaultive, or murder cases can make all the difference between acquittal and conviction.
Negotiating a Plea Bargain
A plea bargain is an agreement between the defendant and the prosecutor. It means that if you plead guilty, the prosecutor will recommend a lighter sentence than he or she might otherwise have asked for at a trial. In exchange, you, as the defendant, would have to agree to plead guilty and waive all of your rights to an appeal (the State is also waiving appeal so they can never go back and add or enhance the charge). This usually happens because we have received the outcome we wanted.
The goal as a Fort Worth criminal defense lawyer is to get the best outcome and if we achieve that goal, than we can facilitate a plea bargain and get our client locked into a great result.
The decision to accept or reject a plea bargain is up to you, but your criminal defense lawyer in Fort Worth can help you make this decision by explaining what it means and how it will affect your future. Your criminal defense lawyer can help you determine which option is best for your future before you make a decision.
Types of Charges We Can Help You With
If you need a criminal defense lawyer, it can be difficult to know what kind of legal help you need and whether the circumstances of your case require a specific type of attorney. Luckily, our lawyers are here to help you.
We have some of the top lawyers in Fort Worth on our staff who specialize in helping people get their lives back on track after facing charges for crimes like DWI, drug possession charges (meth, THC, marijuana, cocaine, fentanyl, heroin), gun and weapons charges, DWI, white-collar crime, domestic violence and assaultive offenses, sex crimes, theft, and murder to name just a few.
Our lawyers are not only trained in all general criminal defense areas, but we also have specific training that can assist with a particular type of case. Here is just some of that background:
- All our of our lawyers are former Tarrant County prosecutors
- We have board certified criminal lawyers
- Former DWI prosecutors
- Former special unit sex crimes prosecutors
- We have a military veteran on staff
- We have lawyers who are currently assigned to mental health treatment courts and can help assist if the charge is related to a mental health diagnosis
Here’s what you need to know about these charges before you seek help.
Driving While Intoxicated (DWI):
Driving under the influence, or driving while intoxicated, is a serious charge. If you’re pulled over and a test shows you have drugs or alcohol in your system, you may be arrested and charged with a crime. That criminal offense can impact your record, your license, and your future.
If you’re on your third DWI in Texas, you’ll be charged with a felony. However, there are also certain circumstances when even first-time offenders face felony charges, like the following.
- Intoxication Assault – If you’re driving under the influence of alcohol and someone is seriously hurt or disfigured permanently because you were drunk driving, you could be charged with intoxication assault. This is a third-degree felony (up to ten years in prison).
- Intoxication Manslaughter – If someone dies because of a drunk driving accident, it’s called intoxication manslaughter. In these cases, you may face a second-degree felony charge (up to 20 years in prison).
- Driving Under the Influence with a Child Passenger – If you are accused of drunk driving and with kids in the car (or any minor under 15 years old), you may be charged with a state jail felony.
Texas has launched several initiatives to fight drunk driving and any felony DWI is taken very seriously. If you find yourself at the mercy of the courts facing this type of charge, a Fort Worth DWI lawyer should be your first phone call.
Assaults & Domestic Violence Charges:
Domestic violence is a serious crime involving violence between family or domestic partners. If you are being charged with any form of domestic violence, it’s important to get help from a Fort Worth criminal defense attorney as soon as you become aware of the charges.
A domestic violence charge can refer to many different types of abuse and assault, including:
- Emotional abuse and threats against the victim
- Physical violence, such as punching, pushing, biting, or hitting
- Financial abuse, like threatening to restrict access to money
Many other forms of domestic violence may also be considered criminal offenses. For example, if you are accused of stalking or harassing your partner or spouse in violation of a protective order issued by a court after you’ve already been arrested for it, this could result in additional fines and jail time.
Acts of domestic violence often lack witnesses or solid evidence, so cases are tricky. They also often times have good self-defense claims. Because of the complexity of domestic abuse cases, having a criminal defense lawyer on your side can spell the difference between a conviction and walking free.
Drug Possession Charges & Marijuana/THC Charges:
Possession of drugs charges can leave a serious mark on your record, depending on the quantity of drugs the prosecution claims you were in possession of. This charge can be brought against you if you are found with drugs on your person or in your car, purse, backpack, or home.
Of course, in addition to simple possession charges, there are also more serious offenses. You would need a criminal defense lawyer in Fort Worth more than ever if you’re charged with intent to distribute or manufacture drugs.
Let’s say the police arrested someone who they believe was selling methamphetamine out of their apartment. They find multiple bags of and thousands of dollars in cash at this person’s apartment after searching it. This would more likely be charged as intent to distribute or manufacture because it shows signs that this person was selling or intending to sell drugs.
Sex Crimes (i.e. Sexual Assault, Indecency with a Child, Online Solicitation of a Minor):
Sex crimes are one of the most serious offenses to be accused of, including sexual assault, sexual assault of a child, indecency with a child, aggravated sexual assault, continuous abuse of a child, and online solicitation of a minor.
If you are being charged with any form of sex crime, it’s important to get help from a Fort Worth criminal defense attorney as soon as you become aware of the charges. These charges can result in significant prison time and/or lifetime registration as a sex offender.
Acts of sexual assault can often lack witnesses or solid evidence like DNA, it may involve a delayed outcry, or a child’s testimony. Because of the complexity of sex crime accusation, having a criminal defense lawyer on your side can spell the huge difference in the outcome of your case.
Gun and Weapon Charges:
Gun charges can be confusing, both for the uninitiated and for those who are familiar with them. To start, there are two main types of criminal charges you may face for a weapons offense—misdemeanors and felonies. A misdemeanor gun charge is punishable by up to a year in jail, while a felony is punishable by a minimum of two or more years in prison.
The penalties are different and depend on:
- What kind of weapon you had and if you used it
- Where you were located (for example, charges are more serious in school zones)
- When you were arrested
- Whether or not the weapon was loaded at the time of the arrest
- What is your criminal history (i.e. do you have a prior felony or a family violence charge?)
What matters most is whether someone else was injured during an incident related to your possession of weapons. For instance, if someone was shot, you may be facing more severe charges than simply carrying a deadly weapon. You may need to speak with a lawyer as soon as possible in these cases.
Regardless of the circumstances, there are also potential defenses that your lawyer may use, depending on your case. For example, someone else may have threatened you with a weapon. If you fear for your life and produce a weapon, even if you injure him when he is in your home, you may be protected under Texas self-defense laws.
Our Fort Worth criminal defense lawyers have many years of experience defending gun possession charges in all types of situations. While each case is different, there’s often no reason to let a weapon charge tarnish your record when some of the top criminal defense attorneys in Fort Worth can launch an effective defense on your behalf.
White-Collar and Theft Charges (Including Elder Abuse Cases):
White-collar crime is a broad term that refers to crimes that are typically non-violent and involve theft, fraud, or misappropriation of currency or assets (financial angle). Some cases can be as simple as a theft from a Wal-Mart, and others can be much more complicated committed by business and government professionals. It also includes financial crimes involving elder abuse.
White-collar crime may sound less severe due to a lack of physical violence, but that doesn’t mean there aren’t victims who suffer because of it. Judges and juries can be ruthless against white-collar crime offenders, especially cases where victims have lost a lot of money or elders were involved.
Launching an effective defense is crucial and may include expert witness testimony or computer forensics. Our experienced team will perform a thorough analysis and get other professionals on the team to design your best defense strategy if you’re accused of a white-collar crime in Texas. We have been able to get many white-collar and theft crimes dismissed by being proactive in our defense.
What To Expect If You’ve Been Charged with a Crime
The Initial Arrest & Investigation (Get a Lawyer ASAP)
If you’ve never been charged with a crime before, you may not know what to expect. You may have learned things from TV shows or the news, but these aren’t always the most accurate representations of an arrest.
Everyone has different circumstances, but there are common procedures that are constant in the criminal justice system. Some of these events may be able to be avoided depending on the specifics of your case.
There is usually an event that takes place that lays an accusation on you. This can be any of these scenarios:
- You’re accused of theft or shoplifting from a company,
- You were pulled over and suspected of a DWI or DUI,
- You were at a party drinking alcohol and are under 21,
- Someone calls the police and tells them you’ve hit them, threatened them, or assaulted them,
- You were pulled over and arrested after a traffic violation and found to have drugs or a weapon,
- A child tells their parents that they have been sexually assaulted, or
- An adult tells a friend that they have been sexually assaulted.
The police will either arrest you, if the crime was observed by police, or open an investigation. You always have the 5th amendment right to remain silent, regardless of whether you are being detained, arrested, or even just suspected of a crime.
If you’ve been detained or stopped by a police officer, your only responsibility is to remain respectful and provide your identification. Using your right to remain silent cannot be used against you during a trial. Questions don’t have to be answered and searches of your home and vehicle do not need to be allowed. A search warrant or probable cause is necessary for this. On a basic level, if there is evidence of a crime, we do not recommend speaking with police or consenting to a search without consulting with a lawyer first.
If you’ve been arrested, don’t resist, don’t be rude, and remain silent. If you’re not free to leave, ask for an attorney. If you’ve been arrested, you will have to go through the booking procedure in the police station. They will collect your fingerprints and ID.
If a Detective calls you and asks you to come in and speak with them, this is usually the last step in their investigation. You have to assume that someone has already reported a crime and the police has done some investigation into where they think you are involved. At this point, you need to call and hire a lawyer ASAP. Do not just speak with a police Detective on your own.
Setting a Bond & Bonding Out
After you have been arrested, the next step is having your bond/bail set after you’ve been booked. A judge or Tarrant County magistrate will usually set this amount based on the crime. Bail is money or property that is given to assure that the person released from jail will return for trial. It’s also possible to get a personal recognizance bond (PR bond) if you are a first time offender and have a low level misdemeanor.
The judge may also set conditions of the bond. Many times, these conditions are standard depending on the offense. For example, an ignition interlock device is required for DWI’s with an alcohol concentration above a 0.15 or a felony DWI. A protective order or no contact order may be assessed in an assault domestic violence case, or a GPS ankle monitor may be required in a serious sexual assault case.
Once the bond amount is set, you or someone else you know can post the required amount of money. They will then release you. A bail bondsman might be necessary if you do not have the required amount of bail money.
They charge a percentage as a fee to borrow the money (typically around 10% and is non-refundable). It is always important to have an attorney in cases such as these, as they can advise you on the best course of action depending on the specific circumstances and can help make sure that you acquire a bond in a reasonable course of time.
Filing at the DA’s Office
After the arrest, your case is typically filed with the Tarrant County District Attorney’s Office. This can happen within a day or take several months if they filing police agency is still waiting on a piece of evidence like an alcohol blood test, drug test, or DNA. Even if your charges end up dropped (where they are rejected by the DA’s office or the police department drops them), it remains on your record unless you hire an attorney to get the records expunged (we can help with that too).
After the case is filed with the DA’s office, the evidence is accessed and reviewed by your attorney. This is when your lawyer could meet with the district attorney to discuss the case, present additional evidence or a defense.
With felonies, it’s important to have an attorney early on in this process because making a presentation to the District Attorney’s office or the Grand Jury could result in the case being dismissed or no billed by the Grand Jury (i.e. the grand jury declines to indict). Therefore, it’s important to hire a lawyer as soon as you’re arrested, so this moment isn’t lost.
In Tarrant County, after your case has been filed and accepted, it falls into one of the county criminal courts (for misdemeanors), or district courts (for felonies). The court dates will then be set to give your lawyer and the district attorney a chance to look over everything and build a case.
It is important to be dressed appropriately and be on time for your court appearance. This is essential while pleading with your case. Not only do you want to make the best impression, but being on time can help avoid having your bond help insufficient (arrested).
The Grand Jury (if it’s a Felony Charge)
If you’ve been arrested for a felony charge in Texas, then after the case is filed, the DA will present your case to a Grand Jury, whether a Grand Jury will either vote to indict (probable cause exists) or vote to no bill (no probable cause exists; decline to prosecute). You cannot be tried for a felony offense unless you’ve been indicted by a grand jury.
This is a jury with twelve jurors that independently decide whether there is enough evidence and probable cause to prosecute. This is another instance where your attorney has a chance to get your case dismissed/no billed.
Again, it’s important to have a Fort Worth Criminal Defense Attorney early on in the process because there are times when we have been able to get cases no billed at the Grand Jury by presenting evidence of our client’s innocence early on in the process. This not only allows us to get the outcome we desire, but it also quickens the time to ultimately get the case sealed or expunged from your record and it shortens the time you have stressed about a pending charge.
Court (Plea Negotiations and Trial)
If the case is a misdemeanor or if the case if indicted by a grand jury, than you will start getting pre-trial court dates with your lawyer to discuss the case with you and negotiate with the prosecutor.
In many instances, the case can be settled outside of a trial. Our philosophy is we don’t need a trial if we can get the outcome we want without one. That saves client’s time, money, and being on public display in a jury trial.
If it does go to trial though, it is important to have an experienced criminal defense lawyer to represent you. You don’t want to wait too long in this process to hire an attorney to help. Understand and know your rights during a criminal trial and our team will make sure we hold the State to the highest level of burden in the country – beyond a reasonable doubt.
Penalties for Criminal Convictions in Texas
The penalties for just being arrested, let alone having a Fort Worth criminal conviction, can haunt you for years or even a lifetime, even after you’ve paid your debts.
For example, a criminal conviction on a felony may already net you hefty fines, jail time, lengthy probation sentences, or years in prison. Those fines and probation fees can leave you with thousands of dollars in debts, and you may be unable to pay those debts.
Once you’ve paid your debts and finished your sentence, you may not be free yet. That’s because your criminal record may have a major impact on your life. Your record shows up on a background check, and it may impact your ability to get a job, be approved for housing, or get a loan.
Without an expunction or non-disclosure, the arrest alone will show up on your background forever. It’s why it’s important to get the right outcome, that not only minimizes the outcome now, but also sets up an opportunity to get the case sealed later on.
It can even impact your family. If you’re seeking child custody, the judge may consider your record when assigning custody. Because the impacts can be so dire, talk to a lawyer before you accept a conviction.
Connect with a Fort Worth Criminal Defense Lawyer
If you’ve found yourself facing a criminal or DWI charge in Tarrant County and you are frantically Googling criminal defense attorney Tarrant County or something similar, don’t panic.
We know this is a tough situation to be in, but you still have options. The best way to make sure that those options are in your favor is by hiring a Fort Worth criminal defense lawyer or DWI attorney that is going to fight to protect your future and work to get you the best results possible. At Hoeller McLaughlin PLLC, our lawyers will advocate for your rights and help you navigate the confusing and frustrating legal process. Our goal is a dismissal, no bill, or reduction on your charges.
Our firm at Hoeller McLaughlin PLLC provides highly reviewed quality legal services (over 250 5 star reviews) to clients throughout Tarrant County, Texas. If you would like to learn more about what types of charges we handle and how we can help you, please reach out ASAP.
It’s important to remember that every case is different, and even if you feel completely hopeless about yours, there are ways to protect yourself from harsh consequences and maybe even have some of these charges reduced, dismissed, or dropped.
If you need a Fort Worth criminal defense lawyer or DWI attorney on your side during this difficult time, please contact Hoeller McLaughlin PLLC by calling 817-334-7900 or by filling out our online contact form.