FAQs
1. Do I need a lawyer if it’s just a misdemeanor?
Yes, you do. Even though misdemeanors are considered less serious than felonies, they still come with real consequences. A Class A or B misdemeanor can lead to jail time, fines, and a permanent record that affects employment, housing, or licensing. Even Class C offenses, while fine-only, can leave a public record that shows up in background checks. A lawyer helps you understand your options, pushes for dismissal or reduction when possible, and makes sure the case doesn’t turn into a bigger problem.
2. Will my case be dismissed if the person who called the police doesn’t show up?
Not automatically. While witness participation can affect the strength of a case, the state can still move forward without that person if they have other evidence — including police reports, 911 recordings, video, or prior statements. In some cases, prosecutors may decide to continue the case using other forms of proof. It’s important not to assume a case will be dropped just because a witness is unavailable or unwilling to cooperate.
3. What should I do if I have a warrant in Harris County?
Do not ignore it. A warrant means you can be arrested at any time — at home, at work, or during a traffic stop. If you know or suspect you have a warrant, speak with a lawyer before turning yourself in or trying to resolve it on your own. In many cases, a lawyer can help clear the warrant, schedule a court appearance, or even resolve the case without an arrest. The longer you wait, the fewer options you may have.
4. Can I go to jail for missing a court date?
Yes. Missing a scheduled court appearance is a serious issue. It often leads to a bench warrant, which means law enforcement can detain you until you’re brought back before the judge. Some courts will also impose additional penalties or revoke bond. If you missed court, contact your lawyer or the court immediately. In many cases, a missed appearance can be fixed before it leads to an arrest — but you have to act quickly.
5. Is it better to just plead guilty and get it over with?
Not always. Pleading guilty may seem like the fastest option, especially if you’re being told you can “just pay a fine.” But even a guilty plea to a low-level charge creates a criminal record that can last forever. It can impact job opportunities, financial aid, professional licenses, and more. A lawyer can review your case, explain your alternatives, and often negotiate a better outcome — including dismissal, deferred options, or record protection.
6. What happens at a first court appearance in Harris County?
Your first court appearance is not a trial, but it is still important. The judge will confirm the charge against you, verify whether you have an attorney, and determine your bond status if that hasn’t already been set. If you already posted bond, the court may set your next court date and give the prosecutor time to review your case. It’s not the time to argue facts or try to explain what happened — it’s about making sure the case is procedurally in motion. Failing to appear, even at this early stage, can lead to a warrant. Showing up on time and with legal representation makes a difference.
7. How long does a criminal case usually take?
That depends on several factors: the type of charge, the complexity of the case, the assigned court, and whether the case is contested or negotiated. Some Class C misdemeanors can be resolved in a few weeks. Felony cases can take several months or even over a year to fully resolve, especially if evidence needs to be reviewed or the case goes to trial. Many clients expect a fast answer, but rushing a case can lead to worse outcomes. A good attorney will balance progress with strategy, making sure your rights are protected while working toward the best possible resolution.
8. What is a pretrial diversion program?
Pretrial diversion is a program that gives some first-time offenders the chance to resolve their case without a conviction. It often involves meeting certain conditions like classes, community service, or staying out of trouble for a set period. If completed successfully, the case may be dismissed and in some cases even eligible for expungement. Not everyone qualifies, and the decision to offer diversion is up to the prosecutor. Having a lawyer improves your chance of being considered for the program and ensures that any agreement protects your long-term interests.
9. What’s the difference between a dismissal and expungement?
A dismissal means your case is closed without a conviction. This is a good outcome, but the record of the arrest and charge may still show up in background checks. Expungement is a separate legal process that removes the charge entirely from public records, as if it never happened. Not all dismissals qualify for expungement, and the process requires a petition and court approval. If you’ve had a case dismissed, ask a lawyer whether you qualify to clear your record through expunction or an order of nondisclosure.
10. Will I have to go to trial?
Not necessarily. Most criminal cases in Harris County are resolved without a trial. Your attorney may negotiate a dismissal, a reduced charge, or a plea agreement depending on the facts and your record. However, if the case involves serious allegations or weak evidence that can’t be resolved fairly, trial becomes the next step. Whether to take a case to trial is a decision made with your lawyer based on what’s in your best interest, not based on pressure from the court or prosecutors.
11. Can a charge be filed even if I wasn’t arrested?
Yes. Law enforcement or prosecutors can file a criminal charge after an investigation without making a physical arrest. You might find out about it through a summons, a letter, or even during a background check. In other cases, a warrant may be issued without warning. If you’ve been told that someone filed a report against you or that you’re being investigated, it’s smart to speak with a lawyer right away. Early action can often keep the case from turning into an arrest.
12. How do I know if my case is public?
In Texas, most criminal cases are part of the public record unless they’ve been sealed or expunged. Anyone can search Harris County court records online, and employers often run background checks through third-party databases. This means that even dismissed cases or fine-only tickets can show up unless they are legally cleared. If you’re unsure what’s on your record or how to fix it, an attorney can help you pull a report and explain what steps may be available