Criminal Defense Lawyer in Kyle, TX
Don’t Face Your Charges Unprepared
The blue lights flashed in your rearview mirror on Interstate 35 near Kyle Crossing. Now you are staring at a bond paper and wondering how a single night could put your entire future at risk.
An arrest in Kyle or anywhere in Hays County is a terrifying experience. The system moves fast and does not wait for you to catch your breath, and you need a team that can stand between you and the State of Texas.
At Seymour & Vaughn, we understand the panic that sets in after an arrest. We are not here to judge you or lecture you. We are here to defend you.
As former prosecutors, we understand how the government builds a case. We have stood on the other side of those courtroom doors and know exactly what evidence the district attorney looks for and what makes a file fall apart.
Call Seymour & Vaughn at (830) 282-8751 or fill out our online form to speak with a dedicated defense attorney. Do not wait to start your defense.
How Does the Hays County Criminal Justice System Work?
Kyle arrests are prosecuted at the Hays County Government Center on Stagecoach Trail in San Marcos. Misdemeanors are heard in the county courts at law and felonies in the district courts, moving from arraignment through discovery to pretrial hearings and, if needed, trial.
If the Kyle Police Department or the Hays County Sheriff’s Office arrested you, that is where your case is going.
Where Cases Are Assigned
- Justice of the peace and municipal courts handle minor, fine-only infractions.
- County courts at law handle misdemeanor criminal offenses.
- District courts handle felony charges and act as juvenile courts.
The Stages of a Case
The legal process starts with an arraignment, where the judge formally reads your criminal charges and you enter a plea.
From there, your case moves into the discovery phase, which is where we demand to see the evidence the state has gathered. We look at body camera footage, lab results, and witness statements, and we look for the cracks in their story.
We want to know whether police followed the law during the stop, the search, and the arrest. If they violated your constitutional rights, we file motions to have that evidence excluded, and a successful suppression motion often ends the case.
We understand the local court procedures because we are in these courtrooms constantly.
How Do You Defend a Texas DWI Charge?
DWI defenses attack the legality of the stop, the administration of the field sobriety tests, and the reliability of the breath or blood testing. There is also a separate 15-day deadline to protect your license that runs independently of the criminal case.
Driving while intoxicated is one of the most common reasons people search for a Kyle criminal defense lawyer, and Texas law is harsh on impaired driving.
What the State Must Prove
Under Texas Penal Code Section 49.04, a person commits an offense by being intoxicated while operating a motor vehicle in a public place.
Intoxication means not having the normal use of your mental or physical faculties, or having a blood alcohol concentration of 0.08 or more. The State only needs one of those theories.
Penalty Levels
A first offense DWI is typically a Class B misdemeanor carrying a minimum jail term of 72 hours and a fine of up to $2,000. If an officer finds an open container in your car, the minimum jail time jumps to six days.
If your blood alcohol content was 0.15 or higher, the charge is elevated to a Class A misdemeanor, which doubles the potential fine and increases the maximum jail time to a full year.
The License Deadline
Beyond the criminal case, you also face an Administrative License Revocation hearing. You have 15 days from the date of the notice to request that hearing and protect your driver’s license, and missing it means automatic suspension.
We handle these hearings as part of our defense strategy. The hearing also gives us an early chance to cross-examine the arresting officer under oath, and we use that testimony to find weaknesses in the state’s case before we ever step into a criminal courtroom.
What Happens in Drug and Violent Crime Cases?
Drug cases are graded by penalty group and weight, and most are won by challenging the search. Assault cases are graded by injury and relationship, and a family violence finding or a choking allegation dramatically raises the stakes.
Drug Offenses
Drug offenses in Texas are categorized by Penalty Groups under the Texas Health and Safety Code Chapter 481. Penalty Group 1 includes cocaine and heroin, and possession of even less than one gram is a state jail felony.
Marijuana possession of less than two ounces is a Class B misdemeanor, and as the amount increases so do the penalties.
We scrutinize every detail of the stop to confirm your rights were not violated. If police lacked probable cause to search your vehicle, we fight to suppress the evidence, and we challenge lab results and chain of custody at every turn.
The state must also prove you intentionally and knowingly possessed the controlled substance. When several people had access to the same car or apartment, that element is genuinely contestable.
Assault and Family Violence
Under Texas Penal Code Section 22.01, a person commits assault by intentionally causing bodily injury to another, which includes causing physical pain. A standard assault is a Class A misdemeanor.
If the state alleges you choked someone, the charge is elevated to a third-degree felony for assault family violence by occlusion, carrying 2 to 10 years in prison. We also defend clients against aggravated assault involving a deadly weapon.
In family violence cases, the state often issues emergency protective orders that can prevent you from going home or seeing your children. We work to modify those orders while the case is pending, because the practical consequences arrive long before any verdict.
A family violence conviction can also result in a lifetime ban on possessing a firearm. We look for inconsistencies in witness statements to negotiate for a reduction or a dismissal.
How Are Theft and Juvenile Cases Handled in Kyle?
Theft charges are graded by the value of the property, with $2,500 as the threshold between misdemeanor and felony. Juvenile cases are heard in district courts sitting as juvenile courts, and Texas juvenile records are not automatically sealed.
Theft and Property Crimes
Retail centers along Interstate 35 see a steady stream of theft arrests by the Kyle Police Department. Under Texas Penal Code Chapter 31, the severity depends on the value of the property involved.
A conviction for a crime of moral turpitude can permanently damage your employment prospects, even at the misdemeanor level. We scrutinize surveillance footage and the question of criminal intent, and we challenge the State’s valuation, which is frequently inflated by using retail price rather than fair market value.
We also defend against burglary and robbery charges, which carry significantly higher penalties.
Juvenile Offenses
Juvenile offenses are handled differently from adult cases, but the consequences are still life-altering. Most juvenile cases are heard in district courts sitting as juvenile courts, and they move quickly.
Juvenile records are not automatically sealed in Texas. Specific legal steps are required so that a mistake made at sixteen does not surface in a job search at twenty-five.
We help families understand the requirements set by the Texas Juvenile Justice Department and protect the child’s interests at every hearing, including school disciplinary proceedings that run alongside the court case.
What Rights Do You Have During the Case?
You have the right to remain silent, the right to counsel, and the right to see the State’s evidence. Under the Michael Morton Act, Texas prosecutors must disclose nearly all evidence in their file, including material that is favorable to your defense.
We are meticulous in reviewing body camera footage and witness statements. If the San Marcos Police Department or a local sheriff’s deputy made a mistake collecting evidence, we move to suppress it.
We hold the state to the highest burden of proof, and we do not treat the discovery packet as a formality. It is where the case is actually decided.
Our combined experience as former prosecutors lets us anticipate the state’s moves and build a proactive defense. Whether you are facing a misdemeanor or a high-level felony, we take a personalized approach and represent clients across Hays County and Caldwell County.
Call a Kyle Criminal Defense Lawyer Today
We are ready to take your call and start investigating your arrest immediately. Your future, your family, and your freedom are worth the fight.
Call Seymour & Vaughn at (830) 282-8751 for a confidential consultation. We will explain where you stand and what happens next.