Headquartered in San Antonio | Serving Statewide
Texas Criminal Defense Lawyer
You are standing on the precipice of the Texas criminal justice system. The State is building a file against you. We do not rely on hope. We rely on intervention.
Call (210) 401-1000We Stop the Investigation Immediately
At Setra Law, we are an elite defense engine designed to dismantle the State’s case before it ever reaches a jury. We do not wait for an indictment to begin your defense. We intervene at the earliest possible moment—often before formal charges are filed—to secure declinations, dismissals, and the absolute protection of your future. We bring a million-dollar defense strategy to every case, from DWI to First-Degree Felony allegations.
What is State Crime Defense?
State Crime Defense is the strategic legal protection of individuals charged with violating the Texas Penal Code. Unlike federal crimes, state crimes are prosecuted by local District Attorneys (e.g., Bexar County, El Paso County). We defend against the full spectrum of allegations:
The Government's Playbook
To defeat the State, you must understand their machinery. The District Attorney’s office operates like an assembly line. We disrupt it.
1. The "Police Report" Trap
Prosecutors often rely entirely on the initial Offense Report. This report is not "the truth"—it is a narrative constructed by an officer specifically designed to justify your arrest. It omits exculpatory evidence and ignores context.
OUR COUNTER: We do not accept the police report. We conduct independent investigations, interview witnesses the police ignored, and subpoena body-camera footage to expose the gaps in their narrative.
2. The "Overcharge" Tactic
The State frequently charges the highest possible offense (e.g., Aggravated Assault instead of simple Assault) to terrify you into accepting a plea deal for a lesser charge. This is leverage, not justice.
OUR COUNTER: We attack the "elements" of the higher charge immediately. By proving the State cannot meet the legal standard for the enhancement, we strip them of their leverage.
3. The "Wait and See" Delay
Prosecutors will delay indictment to gather more evidence or simply to let you "sweat." They hope you will run out of resources or patience.
OUR COUNTER: We utilize the Michael Morton Act to force early discovery. We demand the evidence now. If they don't have it, we move for dismissal.
High-Stakes Legal Aggression
We do not practice "feeling" based law; we practice "statute" based law. Our defense strategies are grounded in a rigorous deconstruction of the Texas Penal Code.
The Constitutional Shield
The Sixth Amendment guarantees you the "Assistance of Counsel." We interpret this broadly. It does not mean you only get a lawyer at trial. It means you are entitled to a fierce advocate who investigates, challenges, and confronts the government at every stage.
The Procedural Sword
Texas Code of Criminal Procedure Art. 16.01 (Examining Trial): We utilize Article 16.01 to demand an "Examining Trial" in state felony cases. We use this hearing to cross-examine police officers under oath before they have been prepped by prosecutors.
The Michael Morton Act (Art. 39.14): This is the nuclear option of Texas defense. It mandates that the State produce all material evidence, including exculpatory evidence. We file 39.14 requests immediately to find what is missing from the file.
Scenario Analysis: Real World Defense
Scenario A: The "Pretext" Traffic Stop
The Situation: You are pulled over for "failure to signal." The officer claims he smells marijuana, searches the vehicle, and finds a controlled substance. You are charged with Possession (POCS).
The Setra Defense: We file a Motion to Suppress under the Fourth Amendment. We analyze the dashcam footage to challenge the initial stop. Furthermore, we attack the "Affirmative Links" rule. Merely being in the car is not enough; the State must prove you had care, custody, and control of the contraband.
Scenario B: The Domestic Disturbance
The Situation: An argument escalates. Police arrive, see a red mark, and arrest you for Assault Family Violence. The State pushes for a conviction to ensure a "Family Violence Finding."
The Setra Defense: We immediately preserve digital evidence (text messages) to establish the context. We scrutinize the "bodily injury" element—was there actual pain? We also prepare the "Self-Defense" justification, forcing the State to disprove that you acted to protect yourself.
Collateral Consequences
A conviction in Texas carries weight far beyond the courtroom. We fight to protect you from the hidden penalties:
- Professional Licenses Doctors, nurses, pilots, and lawyers face license revocation.
- Gun Rights A Family Violence or Felony conviction ends your Second Amendment rights.
- Driver's License DWI and drug convictions can lead to ALR suspensions.
- Immigration Crimes of Moral Turpitude can result in deportation.