Frequently Asked Questions about Criminal Defense

Can I refuse a breath or blood test in Texas?

Yes—but it comes with consequences. Texas has an “implied consent” law. Refusing a breath or blood test can lead to an automatic license suspension, even if you’re not convicted. That said, refusal may limit the evidence against you. We’ll help you weigh the pros and cons based on your case.

What happens to my license after a DWI arrest?

If you fail or refuse a chemical test, your driver’s license may be suspended by the Texas Department of Public Safety. You have just 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing. We can file that request for you and fight the suspension.

What is an ALR hearing and do I need to attend?

The ALR (Administrative License Revocation) hearing is separate from your criminal case and determines whether your license will be suspended. It’s your first chance to challenge the arrest. While you’re not required to attend, we strongly recommend it—it can reveal key weaknesses in the state’s case.

Can I get my DWI dismissed in Bexar County?

Yes, it’s possible. Dismissals can result from lack of probable cause, faulty sobriety testing, mishandled evidence, or rights violations. Our team investigates every detail and challenges weak or unlawful arrests. We’ve helped many clients avoid conviction entirely.

What are the penalties for a second or third DWI?

• 2nd DWI (Class A Misdemeanor): Up to 1 year in jail, up to $4,000 fine, 2-year license suspension, ignition interlock device.

• 3rd DWI (Third-Degree Felony): 2–10 years in prison, up to $10,000 fine, long-term license suspension, felony record.

Penalties escalate quickly. Don’t face them alone.

Will I have a criminal record if I’m convicted?

Yes. A DWI conviction in Texas results in a permanent criminal record, which can impact employment, housing, and insurance. Some first-time offenders may qualify for deferred adjudication or non-disclosure. We’ll explore every legal option to protect your future.

Can I keep driving after a DWI arrest?

Yes—with certain conditions. If you request an ALR hearing in time, your license remains valid until the hearing. If your license is suspended, you may be eligible for an Occupational Driver’s License (ODL), allowing you to drive for work, school, or essential needs.

How can Christian, Nisbet & Casillas help with my DWI charge?

We bring decades of trial experience and a relentless approach to DWI defense. From challenging the legality of your stop to dissecting breathalyzer results, we build a defense around the facts—not assumptions. Our goal is always to reduce, dismiss, or beat your charge outright.

Is it worth hiring a lawyer for a first-time DWI?

Absolutely. Even a first offense can carry lasting consequences. A skilled defense lawyer can often reduce penalties, negotiate alternative outcomes, or expose legal flaws that lead to dismissal.

What should I do right now if I’ve been charged with DWI?

Call us immediately. Every hour matters. We’ll protect your rights, request your ALR hearing, and begin building your defense. Your freedom, record, and license are all on the line.

Need answers fast? We’re here 24/7.

Schedule your free consultation today with San Antonio DWI defense lawyers who don’t back down.
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What is an ALR hearing?

An ALR (Administrative License Revocation) hearing is a civil proceeding separate from your criminal DWI case. It determines whether your driver’s license will be suspended due to a failed or refused breath/blood test.

Why is the ALR hearing important?

The ALR hearing is your first chance to challenge the state’s case. It can reveal key evidence, expose weak procedures, and even help us beat your DWI charge later. Winning the ALR hearing also allows you to keep your license.

How long do I have to request an ALR hearing?

You have 15 days from the date of arrest to request a hearing. If you miss this window, your license will be automatically suspended. We handle this request for you immediately upon being retained.

What happens if I don’t request an ALR hearing?

Your license will be suspended by default—typically 90 days for failing a test, and 180 days or more for refusing one. You may still apply for an Occupational Driver’s License, but you’ll miss your chance to fight the suspension.

What does the ALR hearing involve?

The hearing is typically conducted by phone and involves:

• Review of the arresting officer’s report

• Opportunity to question the officer (if they appear)

• Legal arguments about the legality of the stop and testing

• A ruling by an administrative law judge

Can I win an ALR hearing?

Yes—especially with experienced representation. We’ve won ALR hearings by proving the stop was unlawful, the officer lacked probable cause, or the test was improperly administered. Every case is different, but many license suspensions can be avoided.

If I win the ALR hearing, is my DWI dismissed?

No, but it helps. The criminal DWI case is separate. However, testimony and evidence from the ALR hearing can strengthen your criminal defense or even lead to dismissal later.

Can I still drive if my license is suspended?

Yes, if you qualify for an Occupational Driver’s License (ODL). This restricted license allows you to drive to work, school, court, and essential errands. We can help file the petition and get you back on the road legally.

What should I bring to the ALR hearing?

We handle everything—from requesting the hearing to arguing your case. We’ll advise you on whether you need to appear and what documents or testimony may support your defense.

How does Christian, Nisbet & Casillas handle ALR hearings?

We treat your ALR hearing like a trial—because it’s your first line of defense. We review arrest reports, subpoena the officer, challenge every legal step, and use the hearing to gain insight for your DWI case.

Time is critical. Let us defend your license and your future.

Call Christian, Nisbet & Casillas now to request your ALR hearing and start building your DWI defense.
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What are the penalties for marijuana possession in Texas?

Even small amounts of marijuana are illegal in Texas. Penalties include:

• <2 oz: Class B misdemeanor – up to 180 days in jail, $2,000 fine

• 2–4 oz: Class A misdemeanor – up to 1 year in jail, $4,000 fine

• >4 oz: Felony – 2+ years in prison

Some counties offer diversion programs for first-time offenders, but don’t count on it without legal help.

Is THC oil, wax, or vape illegal in Texas?

Yes—and the law treats it more harshly than natural marijuana. Concentrates like THC oil or wax are classified as felony-level Penalty Group 2 drugs, even in small amounts. A vape pen with THC can lead to serious charges and long-term consequences.

Can I get a drug possession charge dismissed?

It’s possible. Dismissals may happen due to unlawful searches, insufficient evidence, or eligibility for diversion programs. We examine every angle to get your charges reduced—or thrown out entirely.

What is a pretrial diversion program and do I qualify?

Pretrial diversion allows eligible first-time offenders to avoid prosecution by completing probation-like conditions. If successful, your case is dismissed and may qualify for expungement. We’ll assess your eligibility and help you apply if it’s an option.

What’s the difference between possession and intent to distribute?

Possession means you knowingly had a controlled substance. Intent to distribute implies you planned to sell or deliver it—based on factors like quantity, packaging, scales, or large amounts of cash. The difference can mean a misdemeanor or a felony.

Can I be charged if the drugs weren’t mine?

Yes, but it’s not the end of the story. Prosecutors must prove you had knowledge and control over the drugs. If they were in a shared vehicle, home, or bag, we can challenge the evidence and fight the assumption that you were responsible.

What is constructive possession?

Constructive possession means drugs weren’t found directly on you, but in a place you had access to or control over—like your car or room. These cases are highly defensible with the right strategy and investigation.

Do drug charges affect my ability to get a job or housing?

Unfortunately, yes. A conviction—even a misdemeanor—can impact employment, housing, student aid, and professional licenses. That’s why we fight aggressively to avoid convictions and clear your record where possible.

Will I go to jail for drug possession in Bexar County?

Jail is possible, but not guaranteed. Outcomes depend on the type and amount of drug, prior history, and available diversion options. We fight to keep you out of jail and preserve your future.

How can Christian, Nisbet & Casillas help me fight drug charges?

We take a personalized, strategic approach—examining every detail of the search, arrest, and lab results. Whether it’s challenging evidence, negotiating alternatives, or taking your case to trial, we’re relentless in your defense.

Facing drug charges in San Antonio? You don’t have to face them alone.

Call Christian, Nisbet & Casillas today for a free, confidential case review.
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What is considered assault under Texas law?

Assault occurs when someone intentionally causes or threatens bodily injury, or makes offensive physical contact with another person. No visible injury is required. Even a verbal threat can lead to charges if the other person claims they feared harm.

What’s the difference between assault and aggravated assault?

• Assault (Class A misdemeanor) typically involves minor physical contact or injury.

• Aggravated assault (felony) includes serious bodily injury or the use of a deadly weapon. This charge carries much harsher penalties, including prison time.

What is considered family violence in Texas?

Family violence (domestic violence) includes any act of assault against a spouse, partner, family member, roommate, or someone you’ve had a dating relationship with. Texas law takes these charges seriously and often enforces “no-drop” policies.

Can the alleged victim drop charges in a family violence case?

No—not directly. Only the prosecutor can decide to drop charges. Even if the alleged victim wants to recant or refuses to cooperate, the case may still proceed. However, their cooperation can help your defense.

What is a Protective Order or Emergency Protective Order (EPO)?

An EPO is a court-issued order that may prohibit you from contacting the alleged victim, entering your home, or possessing firearms. Violating a protective order is a separate criminal offense. We help clients understand and challenge these restrictions when needed.

I was falsely accused. What can I do?

False accusations happen more often than people realize—especially during breakups, custody battles, or heated arguments. We gather evidence, interview witnesses, and work to expose inconsistencies in the accuser’s story.

Will an assault or family violence conviction stay on my record?

Yes. These charges can follow you for life, affecting jobs, housing, gun rights, and custody matters. Some cases may qualify for expunction or nondisclosure, but it’s better to fight the charge from the start.

What are the penalties for assault family violence in Texas?

• Class A Misdemeanor: Up to 1 year in jail and $4,000 fine

• Felony (e.g. choking, repeat offenses): 2–10 years in prison, $10,000 fine

• Enhancements: Prior convictions, use of a weapon, or injury to certain victims can increase penalties

Can I go back home if I’m charged with family violence?

Not immediately. If a protective order is issued, you may be barred from returning home or contacting your family. We can petition the court for modifications, especially when the order creates financial or custody hardships.

How can Christian, Nisbet & Casillas help with my assault charge?

We don’t treat you like a case file—we treat you like a person. Whether you’re facing false allegations or a heated moment that got out of control, we’ll build a defense focused on protecting your rights, your record, and your future.

Arrested for assault or family violence? Get help now.

Call Christian, Nisbet & Casillas for a free, confidential consultation today.
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What are white collar crimes?

White collar crimes are non-violent offenses involving deceit, fraud, or financial misconduct—typically committed in professional or business settings. Common examples include embezzlement, fraud, bribery, money laundering, and identity theft.

Are white collar crimes charged at the state or federal level?

Both. Some cases are prosecuted in Texas state courts, while others fall under federal jurisdiction—especially if they involve interstate commerce, government agencies, or large financial institutions. We’re experienced in both arenas.

What are examples of white collar crimes in Texas?

• Bank fraud

• Wire fraud

• Healthcare fraud

• Insurance fraud

• Credit card abuse

• Embezzlement

• Bribery and public corruption

• Identity theft

• Forgery

• Tax evasion

Is jail time possible for white collar crimes?

Yes. Though these crimes are often perceived as “non-violent,” they can carry serious penalties—including years in prison, steep fines, and restitution orders. The severity depends on the amount of loss, number of victims, and prior convictions.

What agencies investigate white collar crimes?

White collar crimes may be investigated by state and local law enforcement, as well as federal agencies like the FBI, IRS, SEC, or U.S. Department of Justice. Early legal representation is critical if you’re being contacted by any of these agencies.

What should I do if I’m under investigation but haven’t been charged?

Call a lawyer immediately. Do not speak to investigators without legal counsel. What you say—even if you're trying to explain or cooperate—can be used against you. We intervene early to protect your rights and prevent escalation.

Can white collar crimes be resolved without going to trial?

Yes. Many cases can be resolved through negotiations, civil settlements, pretrial diversion, or dismissal. We explore every possible alternative to trial, while preparing a full defense in case it becomes necessary.

What is restitution, and will I have to pay it?

Restitution is court-ordered repayment to the alleged victim(s) for financial losses. In many white collar cases, restitution is a major component of sentencing or plea deals. We work to limit both the amount and the impact of any restitution order.

Will a white collar crime conviction ruin my career?

It can. These convictions often lead to loss of professional licenses, termination, and long-term reputational damage. We fight to protect not just your freedom—but your future and livelihood.

How does Christian, Nisbet & Casillas defend white collar cases?

We start by dissecting every detail—records, timelines, emails, audit trails, and intent. Many white collar cases are built on assumptions and incomplete narratives. We challenge those assumptions and fight to preserve your record and reputation.

Under investigation or charged with a financial crime? Call us today.

Christian, Nisbet & Casillas brings experience, discretion, and results to complex white collar cases.
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What makes a crime a federal offense instead of a state charge?

Federal crimes typically involve interstate activity, federal property, federal agencies, or violations of U.S. law. Examples include drug trafficking across state lines, white collar fraud involving federal programs, and firearms violations under federal law.

Who investigates federal crimes?

Federal agencies such as the FBI, DEA, ATF, IRS, Department of Homeland Security, and Secret Service investigate and build cases in coordination with U.S. Attorneys. These agencies often conduct lengthy investigations before filing charges.

What should I do if I receive a target letter or federal subpoena?

Call a federal criminal defense lawyer immediately. A target letter means you are under investigation and could face indictment. Responding without legal counsel can seriously harm your defense. We act fast to protect your rights and communicate on your behalf.

Can I be charged in both state and federal court?

Yes. This is called dual sovereignty—a person can face separate charges from both Texas and the federal government for the same conduct. We understand how to navigate these complex, overlapping jurisdictions.

What are examples of common federal criminal charges?

• Drug trafficking and conspiracy

• Wire fraud and mail fraud

• Money laundering

• Tax evasion

• Child pornography offenses

• Federal firearms violations

• Public corruption

• RICO and organized crime cases

How are federal sentences determined?

Federal sentencing follows U.S. Sentencing Guidelines, which consider the nature of the offense and your criminal history. Enhancements (like large financial losses or weapons use) can increase penalties. Sentences are often longer than for similar state crimes.

Is there parole in the federal system?

No. Parole was abolished in the federal system. Most federal inmates must serve at least 85% of their sentence, though some qualify for early release through programs like the First Step Act.

Can federal charges be dismissed or reduced?

Yes, but it’s harder than in state court. Federal prosecutors typically build strong, well-documented cases. That’s why early intervention and thorough legal analysis are critical. We explore motions to suppress evidence, negotiation strategies, and trial defenses.

How is federal court different from state court?

Federal court has stricter rules, longer timelines, and higher conviction rates. It also involves different judges, prosecutors, and sentencing guidelines. You need a lawyer with experience handling federal cases—not just state charges.

How does Christian, Nisbet & Casillas handle federal criminal cases?

We approach federal defense with precision, discretion, and strategy. Whether you’re under investigation or already indicted, we focus on early intervention, airtight legal defenses, and protecting your future from long-term consequences.

Facing a federal charge? Don’t wait. Call now.

We’re ready to stand between you and the full weight of the U.S. government.
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What is a pre-charge investigation?

A pre-charge investigation is the phase when law enforcement is gathering evidence but has not yet filed formal charges. You may be under surveillance, questioned, or contacted by investigators. This is a critical window to protect yourself—before you’re arrested.

Why would I be under investigation if I haven’t done anything wrong?

You could be named in someone else’s statement, connected to a location, or falsely accused. Police and federal agents often cast a wide net. Innocent people become suspects simply by association. Having a lawyer step in early can stop bad cases from becoming worse.

What are signs that I’m under investigation?

• You’ve been contacted by law enforcement or a federal agent

• You’ve received a target letter or subpoena

• Friends, coworkers, or family members are being questioned about you

• Your home or business has been searched

• You’ve been asked to “come in and talk”

Any of these is a red flag. Call us before saying anything.

Should I talk to the police or investigators if I have nothing to hide?

No. Even if you’re innocent, anything you say can be misinterpreted or used against you. Investigators are trained to get statements that fit their case. Always speak with a criminal defense attorney first.

Can hiring a lawyer make me look guilty?

No. It makes you smart. Prosecutors and judges know that informed people retain counsel—especially in serious matters. Having a lawyer shows you take the situation seriously and want to protect your rights.

What kinds of cases involve pre-charge investigations?

We help clients during early investigations for:

• Drug trafficking or possession

• White collar and financial crimes

• Sex crime allegations

• Assault or domestic violence

• Federal conspiracy or RICO cases

• Police misconduct investigations

• Title IX or campus misconduct allegations

• Professional licensing board complaints

Can charges be avoided if I act early?

Yes. In many cases, we’ve prevented charges from ever being filed. By intervening early—presenting evidence, offering an alibi, or identifying flaws in the investigation—we can often steer the case away from arrest or indictment.

What should I do if I get a target letter or subpoena?

Don’t panic—but don’t ignore it. A target letter means the government believes you committed a crime. A subpoena may require you to provide documents or testify. Call us immediately so we can respond strategically.

How can early legal intervention help me?

• Prevents misstatements to police

• Protects your rights during questioning

• May stop charges from being filed

• Preserves evidence in your favor

• Positions you for a stronger defense if charges come later

How does Christian, Nisbet & Casillas handle pre-charge cases?

We act fast, working behind the scenes to manage contact with investigators, assert your rights, and shape the narrative before it’s too late. In many cases, our clients never see the inside of a courtroom.

Under investigation? Don’t wait until you’re charged.

Call Christian, Nisbet & Casillas now for a confidential consultation before the case gets out of your hands.
📞 210-224-5010 | 📍San Antonio, TX | ✉️ [Contact Us]

What should I do if I’m accused of a sex crime in Texas?

Remain silent and contact an experienced criminal defense attorney immediately. Do not try to explain or “clear things up” with the accuser or law enforcement. Your words can be twisted and used against you. Early legal action is your best defense.

What types of sex crimes does your firm handle?

We defend clients against charges including:

• Sexual assault and aggravated sexual assault

• Indecency with a child

• Online solicitation of a minor

• Possession or promotion of child pornography

• Prostitution or solicitation

• Sexual performance by a child

• Lewd conduct and indecent exposure

• Campus misconduct / Title IX violations

Can I be charged if the encounter was consensual?

Yes—especially if the other person later claims they didn’t consent, or if alcohol, age, or authority roles are involved. Consent can be legally void in cases involving minors, intoxication, or coercion. These cases often come down to credibility and context.

What are the penalties for a sex crime conviction in Texas?

Penalties vary by charge but may include:

• Years to life in prison

• Lifetime sex offender registration

• Restraining orders or exclusion zones

• Loss of custody, employment, and housing

• Permanent damage to your reputation

This is why early and aggressive defense is essential.

Do I have to register as a sex offender if I’m convicted?

In most cases, yes. Texas has one of the most restrictive sex offender registries in the country. Registration can last for 10 years—or for life. It affects where you can live, work, and travel. Avoiding conviction or reducing the charge is key.

Can false accusations really happen?

Absolutely. We’ve defended clients falsely accused due to breakups, custody disputes, misunderstandings, or manipulative motives. We investigate every claim, review digital and physical evidence, and expose inconsistencies to protect your name.

What if the alleged victim is a minor?

Texas treats accusations involving minors very seriously, with enhanced penalties and special rules for consent and evidence. Even text messages or online contact can lead to charges. Don’t wait—these cases move fast and leave little room for error.

What is a Title IX investigation and how is it different?

Title IX applies to colleges and universities. If you're accused of sexual misconduct on campus, you may face school disciplinary hearings separate from the criminal system. You have rights, but the process is different—and outcomes can affect your education and future.

How does Christian, Nisbet & Casillas defend sex crime allegations?

We don’t back down. Our team builds strong defenses based on the facts—not assumptions. That means challenging false narratives, consulting forensic experts, and holding the prosecution to its burden of proof. When your freedom and future are at stake, we fight like it.

Accused of a sex crime? The time to act is now.

Call Christian, Nisbet & Casillas immediately for a discreet, confidential consultation. Your future depends on it.
📞 210-224-5010 | 📍San Antonio, TX | ✉️ [Contact Us]