A misdemeanor is a type of criminal offense, traditionally referred to as a "minor" offense. While this may be true in relative terms, most misdemeanor offenses expose a person to the risk of major consequences.

The most commonly recognized alternative to incarceration is community supervision, also known as probation. If you are convicted of a misdemeanor offense for the first time, you will probably receive probation. If you are convicted of a serious offense, and/or have previous criminal convictions, the probability of receiving probation diminishes. If you have been previously convicted of a felony, you are not eligible to receive probation from a jury, but may be eligible to receive probation from a judge.

However, not all arrests will lead to convictions. There are many alternative programs that a defendant can participate in that will lead to a dismissal of criminal charges. These programs are case and individual specific but could save you from a criminal conviction. Mr. Kilgore has worked with all these programs and can consult with you as to which might apply to your situation.

"Regular" probation occurs when the court finds the Defendant guilty, sentences the Defendant to a specific term of confinement within the available punishment range, but suspends imposition of that confinement for a specific period of time. During that time, the Defendant is required to abide by specific conditions of probation (see below). If the Defendant violates a condition of probation, they can be arrested and brought before the court for a hearing, limited to a determination by the judge, regarding whether the alleged probation violation is true or not. If the court finds that the probation violation is true, the Defendant can be sentenced to the original term of confinement, or sentenced to a reduced term of confinement, or continued on "regular" probation.

"Deferred Adjudication" probation occurs when the court does not sentence the Defendant to a specific term of confinement, but instead defers finding the Defendant guilty for a specific period of time. During that time, the Defendant has not been convicted of the offense and is also required to abide by specific conditions of probation (see below). If the Defendant successfully completes the conditions of probation, the proceedings are dismissed and the Defendant is discharged from probation without ever receiving a conviction. While record of the arrest, charge, and probation still exist, the Defendant avoids conviction. If the Defendant violates a condition of probation, they can be arrested and brought before the court for a hearing, limited to a determination by the judge, regarding whether the alleged probation violation is true or not. If the court finds that the probation violation is true, the Defendant can be continued on "deferred adjudication" probation, or convicted based upon the original plea and sentenced to confinement anywhere within the original range of punishment, or sentenced to a reduced term of confinement, or continued on "regular" probation.

Probation Conditions are established by the court, and may include "any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the Defendant." The following probation conditions are most commonly required at a minimum:

• Commit no offense against the laws of this State or of any other State or of the United States; -Avoid the use or consumption of drugs, controlled substances or alcohol and submit to random drug or alcohol testing;
• Avoid persons or places of disreputable or harmful character;
• Report to a probation officer as directed (usually once per month) and pay supervision fees (usually $50 per month);
• Permit the probation officer to visit you at your home or elsewhere and notify them of any change of address or employment;
• Work faithfully at suitable employment and support your dependents;
• Remain within a specified place (usually the State or County);
• Pay your fine, court costs and restitution if applicable;
• Participate in a community service work program (location and number of hours required can vary);
• Obtain drug/alcohol/psychological evaluations and participate in counseling if applicable; and
• Education or counseling specifically related to the underlying offense.

Violation of any probation condition may result in the filing of a Motion to Revoke Probation or Motion to Proceed with Adjudication of Guilt and the issuance of an arrest warrant. The court will typically set a very high bond, if any, on a probation violation. An attorney may be able to assist you in getting a bond set or reduced. There is no right to a jury trial on an alleged probation violation. You do have a right to a hearing before the court for the sole purpose of determining whether the alleged violation of probation is true or not. If the court determines that you violated your probation, the court may either continue the probation or revoke probation and sentence you within the applicable range of punishment. If you find yourself accused of a probation violation, you should speak with an attorney immediately. An attorney can counsel you concerning your rights, options, and possible defenses to your probation revocation, or negotiate the most favorable resolution possible.

DWI’s can be pricey, even if you find a “cheap” lawyer. Surcharges, court costs, fines and administrative fees can run into the thousands. If some of these charges come due, and aren’t paid, you could find yourself losing your license or worse, being incarcerated. It is important to retain an experienced attorney to help you unravel the web of costs that are associated with a DWI charge.

Driving While Intoxicated is a criminal charge that has far reaching affects. If you have a commercial driver’s license or drive a company car, you could lose that ability as the result of a DWI charge. In most cases, commercial driver’s licenses can be suspended due to a DWI arrest. Also, if you drive a company car as part of your employment, you may be required to disclose your DWI arrest to your employer.

For those who are convicted of DWI for the first time, probation is almost always an option. In most courts in most counties, the State is seeking to rehabilitate offenders rather than punish first time offenders. However, if this is your second or third charge, the possible jail time is a reality. You need an experienced attorney who can look at your case and tell you what the legal ramifications realistically are.

This is a question that gets asked a lot. The simple and not too popular answer is each case is different. If you provide a blood sample during the course of your arrest, it may take anywhere from 2 to 18 months for your case to reach a court of law. The State of Texas has two years from the date you are arrested to formally charge you and bring your case to court. Some cases move quickly, while others stall in the legal process.

After you are arrested, you have a very short period of time to try and salvadge your driver’s license. In Texas, if arrested for a DWI, you are typically given a choice as to weather to provide a breath/blood sample. If you agree, and that sample tests above a .08, you could lose your license for up to 90 days. If you refuse to give a sample all together, that suspension can last 180 days. If you are a minor, (under the age of 21) and test positive for any alcohol at all, you could also be facing a driver’s license suspension. In these situations, it is important to have an experienced DWI attorney who can walk you through these issues and keep you legally on the roads.