Board-Certified Trial LawyersServing Bexar County Since 2001
Arrested, served with divorce papers or hurt in an accident? Talk with a San Antonio criminal defense attorney, a family law attorney in San Antonio or a San Antonio personal injury lawyer at Barton & Associates, founded by Gary J. Barton, Board Certified in Criminal Law and a former Bexar County prosecutor. We have served Bexar County for more than 20 years from downtown San Antonio, with an Austin office and a Corpus Christi office. Your consultation is free, and you can reach us 24/7 at 210-500-0000.
Gary J Barton & AssociatesAttorneys at Law
Barton & Associates is a Texas law firm that has handled three kinds of cases for more than 20 years: criminal defense, family law and personal injury. Gary J. Barton founded the firm after working as a Bexar County prosecutor, and our attorneys now work from offices in San Antonio, Austin and Corpus Christi. The San Antonio office is at 115 Camaron Street in downtown San Antonio, near the Bexar County courthouse district.
Knowing how a prosecutor builds a case helps us test one, and the habit of preparing every file as if it may be tried carries into our family law and injury work. We tell you honestly what we see in your case, what your options are and what we recommend, and your first consultation is free.
Our founding attorney, Gary J. Barton, is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a credential held by fewer than three percent of Texas attorneys. He handled capital murder cases as a Bexar County prosecutor before moving to defense, has tried more than 100 cases to a jury and has been named a Super Lawyer and recognized by Best Lawyers in America, including as Lawyer of the Year for the San Antonio region.
Jim Erickson, a senior trial attorney, has practiced criminal defense in Texas courtrooms since 1985, has tried more than 250 cases to a jury verdict in more than sixty Texas counties and secured the third Not Guilty by Reason of Insanity verdict ever returned in Texas, an outcome achieved in fewer than one percent of criminal trials nationwide. Duane Graeff, our managing attorney, has practiced law for more than twenty-six years, is licensed in Texas state and federal courts and has worked as a law professor and published legal scholar alongside his trial work. Desirée Flye is a trial attorney on our family law team, and trial attorneys George Manning and Mario Moreno complete the group that appears in court with our clients.
You can meet the attorneys who will work on your case, and you will know who is speaking for you at each hearing. Our legal team works together on strategy, so your file is covered when one attorney is in trial.
Legal trouble rarely waits for business hours. A DWI arrest can happen at 1 a.m. on a Saturday, and divorce papers can arrive on a Tuesday you thought was ordinary. Our job is to be ready when either one does. We read the evidence, explain your options in plain language and prepare the case so that you decide whether to negotiate or go to trial with the facts in front of you.
We give an honest assessment, including when a case is difficult. No lawyer can promise a result, and we do not. What we can promise is careful preparation, straight answers and a lawyer who returns your calls.
Serving Bexar County Since 2001
A divorce or custody case decides where your children live, how your property is divided and what support is paid, and the choices made in the first weeks often set the direction for months. Our family law attorneys represent parents and spouses in the Bexar County courts. We start by learning what matters most to you, then explain what the Texas Family Code allows and what a judge is likely to do with it.
A divorce decree ends the marriage, and it also settles custody, support and property. If you are deciding whether to file or have just been served, our San Antonio divorce lawyer page explains the process from petition to decree. Parents can read how conservatorship and possession work on our San Antonio child custody lawyer page, and how support is set and enforced on our San Antonio child support lawyer page. Our San Antonio property division lawyer page covers the home, retirement accounts, business interests and debt, and fathers can find answers to common questions about a father’s rights.
Not every family case needs a trial. A court can refer a case to mediation, and many families choose it to keep more control over the result, which our divorce mediation lawyer in San Antonio page explains. Couples who want to set terms before or during a marriage can read about a prenuptial agreement lawyer in San Antonio. After a judgment, an order that no longer fits your life may be changed or enforced, and our divorce modification lawyer in San Antonio page explains how. Our San Antonio guardianship lawyer page covers court-supervised guardianship for a child or an incapacitated adult.
Some family cases involve safety. We represent clients who need a protective order, and we defend clients when an order is requested as leverage in a contested case. The Family Code sets the grounds for these orders and their consequences, which can include where you may live and whether you may see your children. Our Texas Family Code guide is a good place to start.
We prepare every family case as one that may be tried, even when we expect to settle. That means gathering the financial records early, supporting the parenting issues with documents and witnesses, and knowing before mediation what we will accept and what we will not. An agreement reached in mediation can be binding, so you should understand every term before you sign. Opposing counsel tends to negotiate differently when a firm is ready for trial.
To learn where your case stands under Texas law, schedule a confidential consultation with our downtown San Antonio office.
What happens in the first 24 hours after an arrest can shape the rest of a case. Our criminal defense attorneys defend people charged in Bexar County, from a first misdemeanor to a serious felony indictment. We review the report, the video and the evidence early, explain the charge and your options, and prepare the case for the court where it will be heard.
Criminal procedure punishes delay. A person who is arrested must be taken before a magistrate no later than 48 hours after arrest, and that hearing sets bond and the conditions of release. In a DWI case a license deadline runs at the same time: a request for an Administrative License Revocation hearing must be made by the 15th day after you receive notice of suspension, as the 15-day ALR hearing deadline post explains. A felony case can reach a grand jury before you have talked to a lawyer. Because early steps are hard to undo, we take calls around the clock.
An intoxication arrest is covered by our DWI attorney in San Antonio page, and a charge that follows a 911 call or a family argument is covered by our domestic violence lawyer in San Antonio page. Possession and delivery cases are explained on our San Antonio drug crimes lawyer page, and an accusation of a sexual offense, which can damage a reputation before any court date, on our San Antonio sex crime lawyer page. A gun charge can cost a person the right to own a firearm, and our weapons charges attorney in San Antonio page addresses it.
Cases are also sorted by level. Our pages for a San Antonio felony attorney and a misdemeanor lawyer in San Antonio explain the punishment ranges and how those cases move through the courts. If the state asks to end your probation, see our San Antonio motion to revoke probation attorney page. A charge can also threaten a security clearance or a career, which our San Antonio military lawyer page covers, and some records can be cleared, as an expungement lawyer in San Antonio can explain.
Every case starts with the same questions: was the stop lawful, was there probable cause for the arrest, and was the evidence gathered properly? Under Code of Criminal Procedure Article 38.23, evidence obtained in violation of the Constitution or laws of Texas or the United States cannot be admitted against the accused at trial, which is the basis for a motion to suppress. We compare written reports with video, look at how forensic evidence was collected and tested, and challenge it where the facts support it. Gary J. Barton handled capital murder cases as a Bexar County prosecutor, and that experience helps us judge which evidence the state treats as strong.
Even a misdemeanor conviction can affect a job, a license or housing for years. We represent clients from the first hearing through trial. Call us any day of the week for a confidential consultation.
When someone else’s carelessness puts a person in the hospital, costs months of income or takes a family member, the legal process that follows can feel as heavy as the injury. Our personal injury attorneys represent injured people and their families in San Antonio and Bexar County so that they can focus on recovery.
An insurance company starts protecting its own position as soon as a claim is reported. An adjuster may ask for a recorded statement or offer a quick settlement before you know your prognosis or the full cost of your injuries. Speaking with an injury attorney before you give a statement, sign a release or accept an offer can protect your claim. The deadline matters too. Texas Civil Practice and Remedies Code Section 16.003 generally gives two years to file a personal injury suit, and evidence and witnesses can disappear sooner. Our guide to the Texas personal injury statute of limitations explains the rule.
Our auto accident attorney in San Antonio page covers car, truck and motorcycle cases, including claims after 18-wheeler accidents and pedestrian and bicycle cases. A fall on someone else’s property is covered by our San Antonio slip and fall lawyer page, and an injury at a job site by our San Antonio construction accident lawyer page. When an injury changes a life, such as a brain or spinal cord injury, see our San Antonio catastrophic injury lawyer page, and if a family has lost someone, see our San Antonio wrongful death attorney page.
Some claims start with a professional, a product or a facility instead of a crash. Harm from medical care is covered by our San Antonio medical malpractice lawyers page, and neglect of a resident by our nursing home abuse lawyer in San Antonio page. A defective tool, vehicle part or drug is the subject of our San Antonio product liability lawyer page, and illness after exposure to chemicals or asbestos of our toxic exposure lawyer in San Antonio page. Injuries from someone’s failure to use reasonable care that fit no other category, such as a dog bite, are explained by our negligence lawyer in San Antonio page, and incidents involving rail, aviation or maritime carriers by our page for mass tort lawyers in San Antonio.
Other claims involve a person’s rights. Our San Antonio civil rights lawyers page covers intentional harm, including claims against officials and defamation, and our San Antonio wrongful termination lawyer page covers firings that break the law. A claim against a city, a county or another public body follows special rules, which our government claims lawyer in San Antonio page explains, so ask early.
Insurers negotiate differently when they know the attorney across the table is prepared to try the case. We build each injury file with that in mind, gathering medical records and bills, documenting lost income and, where the facts call for it, working with investigators and medical or accident-reconstruction experts. Damages in a Texas injury case can include past and future medical expenses, lost earnings and earning capacity, and physical pain and mental anguish. Our personal injury settlement estimator gives a rough starting point, but only a review of your records can show what a claim may be worth.
If you or a family member has been hurt in an accident, do not wait to speak with an attorney. Evidence disappears, witnesses become harder to find and the filing deadline does not move. Call 210-500-0000 or use the form on this page for a free, confidential consultation.
Primary Practice Areas
Family Law
Before you take any step in a divorce, get accurate legal information. Moving out of the family home without understanding the effect on property rights, signing a temporary order without knowing what it does to custody, or closing accounts, moving assets and taking on new debt can all cause problems later. Those are some of the most avoidable mistakes we see.
Divorce cases take several forms: an uncontested divorce where both spouses agree on every term, a contested divorce with real disputes over property or children, and cases involving a business, significant assets or family violence. A Texas court generally cannot grant a divorce before the 60th day after the suit is filed (Family Code Section 6.702), and that waiting period does not apply in some family violence cases. To file, you or your spouse must have lived in Texas for the preceding six months and in the county for the preceding 90 days (Section 6.301). How long a contested case runs depends on the issues and the court’s calendar, and our Texas divorce timeline walks through the stages.
The marital home is often the largest asset and the hardest to divide. One spouse can buy out the other and keep the house, the spouses can sell and divide the proceeds, or the court can decide when they disagree. Each path carries different mortgage, tax and refinancing consequences, so the choice deserves careful review before you agree to it.
Texas is a community property state. Property acquired during the marriage is presumed to be community property, and a spouse who claims an item is separate generally has to prove it (Family Code Sections 3.001 to 3.003). Our guide to community vs. separate property explains how each is classified. A 401(k) or pension can include a community share to the extent it was earned during the marriage, whoever’s name is on the account. Dividing an employer plan usually requires a Qualified Domestic Relations Order that the plan administrator accepts, and mistakes can lead to an unexpected tax bill or a lost share. IRAs are divided under different rules.
Texas courts decide custody, which the Family Code calls conservatorship and possession, using a best-interest-of-the-child standard. That standard touches the possession schedule, decision-making rights and which parent has the right to designate the child’s primary residence. A standard possession order sets default weekday, weekend and holiday time, and the facts of a case can support a different schedule.
After an order is final, Family Code Section 156.101 allows a court to modify it only if the change is in the child’s best interest and one of three grounds applies: a material and substantial change in circumstances, a child who is 12 or older telling the judge in chambers which parent the child prefers to have the exclusive right to designate the child’s primary residence, or the conservator with that right voluntarily giving up primary care for at least six months. The judge must interview a child who is 12 or older if a party asks, but the child’s preference does not control the outcome. We handle both sides, seeking a change when circumstances have really changed and defending an order when they have not.
Criminal Defense
A misdemeanor is still a criminal record. A Class A offense carries up to a year in jail and a fine of up to $4,000, and a Class B offense carries up to 180 days and a fine of up to $2,000. Either can appear in background checks for jobs, housing and licenses, and a conviction does not go away on its own. Some people qualify to clear a record, as our expunction guide explains, and our explainer on felony versus misdemeanor charges shows how the level of a charge changes the stakes.
We examine every misdemeanor from the first call: whether the stop was lawful, whether the complaining witness is credible and whether the evidence supports the charge as written. An assault family violence charge deserves extra care, because a conviction for a misdemeanor crime of domestic violence can trigger a federal firearms prohibition and a family violence finding can matter in a divorce or custody case.
A DWI arrest starts two cases: the criminal charge and a separate license proceeding. Under Transportation Code Section 524.031, a request for an Administrative License Revocation hearing must be made no later than the 15th day after you receive notice of suspension, and a timely request stays the suspension while the hearing is pending (Section 524.032). Without one, the suspension takes effect on the 40th day after notice (Section 524.021), whatever happens in the criminal case. Our ALR license suspension guide explains the steps.
In the criminal case we examine why you were stopped, how field sobriety tests were given and recorded, and how a breath or blood sample was collected and tested. A first-offense DWI is usually a misdemeanor, but a DWI with a child passenger, a third offense or an accident causing serious injury can be charged as a felony DWI, which changes the stakes.
A felony charge is the most serious situation most people ever face. A state jail felony carries 180 days to two years, a third-degree felony two to 10 years, a second-degree felony two to 20 years and a first-degree felony five to 99 years or life, and a felony conviction also ends the right to possess a firearm. Our Texas Penal Code guide lists the offense classes and punishments.
Felony cases are heard in the Bexar County criminal district courts, and local practice matters: how a court sets its docket, how prosecutors make offers and how judges treat bond and pretrial motions. Felony charges generally proceed by grand jury indictment, so strategy begins at arrest, with bond, discovery, pretrial motions and the timing of plea discussions. Our criminal case timeline walks through each stage from arrest to disposition.
Results, Team Depth & a Reputation You Can Verify
Most people choosing a lawyer want to know the same thing: has this firm handled cases like mine, and how will it handle mine? No honest lawyer can promise a result, and we do not. What we can describe is how we work.
You tell us what happened and what deadlines or court dates you know about. We ask for the papers you have, such as a citation, court notice or insurance letter, and an attorney reviews the matter with you at the consultation. You leave with a clear picture of the next step, whether or not you hire us.
A lawyer who is ready to try a case negotiates from a stronger position, so we prepare each file as one that may go before a judge or jury, even when we expect to resolve it. That preparation starts at intake and continues through every deadline and hearing. Gary J. Barton has tried more than 100 cases to a jury, and Jim Erickson has tried more than 250 to verdict.
In a criminal case that means the report, the video, the witnesses and the lab results. In a family case it means financial records, parenting history and the orders already in place. In an injury case it means medical records, bills and proof of lost income. We read before we advise, and we tell you what the documents show.
Many of the most important dates in a case arrive early: a license hearing request after a DWI arrest, an answer to a divorce petition, a hearing on a protective order or the limitation period for an injury claim. Support staff track those dates for every file. Our Texas legal deadlines tool lists common ones, though your own deadline depends on the facts of your case.
A single event can lead to more than one case. An assault charge can overlap with a divorce or a custody dispute, and an accident can bring both a criminal charge and an injury claim. Because the same firm handles criminal defense, family law and personal injury, our attorneys can coordinate so that what happens in one court does not hurt you in another.
You should hear the bad news from your lawyer, not for the first time in a courtroom. We explain where a case is strong, where it is vulnerable and what the realistic range of outcomes looks like, and then the decision to settle or try the case is yours.
Our case results page describes past criminal matters, each with its own facts. Results depend on the facts and the law in each case, and none of them predicts the outcome of yours.
The size and structure of a firm affect how much attention a case receives. A solo practice cannot always cover two hearings in one day or prepare a trial while answering client calls. We built this firm so that complex, multi-issue matters have the people they need.
When you retain the firm, the team stands behind your case, not only the attorney you first spoke with. Trial attorneys discuss strategy together, and paralegals and legal assistants track court dates, discovery and filing requirements. If one attorney is in trial, another can appear at your hearing the same week.
Texas lawyers are licensed by the State Bar of Texas, and board certification is awarded separately by the Texas Board of Legal Specialization after a review of trial experience, peer evaluation and a written examination. Gary J. Barton’s State Bar profile lists his certification in criminal law. He has also been named a Super Lawyer and recognized by Best Lawyers in America, including as Lawyer of the Year for the San Antonio region, and he holds the AV Preeminent peer rating from Martindale-Hubbell, shown on his Martindale-Hubbell attorney profile. You can also read his Avvo profile and the firm’s Martindale-Hubbell firm profile. A rating you can check is worth more than one we simply claim.
Gary J. Barton handled capital murder cases as a Bexar County prosecutor and became the youngest Major Crimes Unit chief in Texas before he started the firm. That experience shapes how he reads an offense report, weighs the state’s evidence and anticipates what a prosecutor will argue, and he brings that view to the criminal cases the firm takes.
Jim Erickson’s career in Texas criminal courtrooms began in 1985, and his 250-plus jury verdicts span more than sixty counties. Duane Graeff has practiced for more than twenty-six years in Texas state and federal courts. Desirée Flye is a trial attorney on the family law team. When a case calls for a particular kind of experience, firm leadership decides which attorney or combination of attorneys should handle it.
Appearing regularly in the same courthouses teaches things a statute does not: how a court handles bond reductions, how long a docket takes to move and which arguments a judge is likely to hear closely. We use that familiarity to plan a case from the first week rather than the first hearing.
At your first consultation, we tell you what we see in the case, what the realistic range of outcomes looks like and what we need from you.
We handle criminal defense, family law and personal injury cases. If your matter falls outside those areas, such as an adoption, we will say so at the start rather than take a case we are not suited to handle, so that you do not lose time.
Trust in a law firm should rest on evidence, not on the firm’s own marketing. Whether you face an arrest, a divorce or an injury, you deserve to know how past clients describe working with a firm.
Clients have posted more than 500 five-star Google reviews of the firm, and each review is tied to a Google account. The reviews are not selected by us, and you can read the positive ones and the critical ones. We read them all, and we use them to see where we can do better.
Legal emergencies do not follow office hours. You can call 210-500-0000 at any hour to reach the firm about an arrest, an urgent family matter or an injury, and the first consultation is free. If a family member is calling for you, we can start with what they know and fill in the rest with you.
You work with the attorneys handling your case, and you receive updates between court dates instead of being passed through layers of staff. When an offer, a deadline or a setting changes, you hear it from us.
For criminal defense and family law matters, we explain our fee arrangement at the first consultation, along with what the case is likely to involve and where the uncertainty lies, so that you can plan before you commit. No lawyer can promise an outcome, and we do not.
A good case depends on a client who is honest with the lawyer, keeps every appointment and follows every court order. Tell us the facts as they are, including the parts that look bad, and avoid discussing the case with anyone else, including on social media. Posts and texts can end up as evidence.
Most clients tell us the same thing: they wanted a lawyer who answered the phone, explained the process in plain language and came to court prepared. The reviews on Google describe that experience better than any claim on this page can.
4.9 Excellent Rating
Posted on Google![]()
James Onnikian2 days agoTrustindex verifies that the original source of the review is Google.
I hired Gary Barton at Barton & Associates after a charge for a family member that had me genuinely worried. He is a former prosecutor and board-certified in criminal law, and that showed. He walked me through what the state would likely do, what my options were, and what was realistic. Communication was consistent, court dates were handled without surprises, and I never felt left in the dark. Five stars for professionalism and preparation. If You or your loved ones are in need of the Best look no further!!! Gary and Mario from Barton !!!! Thank You and God Bless 🙏☮️🙏Posted on Google![]()
Jenn2 days agoTrustindex verifies that the original source of the review is Google.
The only time I received quick responses was when they were taking me on as a client and collecting my money. After that, I went weeks and sometimes months without responses. I feel like I was baited and switched because what I was told they could do for me never happened. My divorce has dragged on for over a year with little to no progress, and I have spent a ton of money in the process. Based on my experience, I would not recommend this firm.Posted on Google![]()
Desiree Vielma5 days agoTrustindex verifies that the original source of the review is Google.
friendly staff, and great communication!Posted on Google![]()
Chris Garcia6 days agoTrustindex verifies that the original source of the review is Google.
Mario Moreno is an AllStar, Thank You !Posted on Google![]()
Mark Kroeze7 days agoTrustindex verifies that the original source of the review is Google.
I cannot say enough positive things about Kandyce Palamarchuck and the work she did for me through Barton Law Associates. From the moment she and her staff became involved, I was incredibly impressed by her tenacity, focus, and ability to get things done quickly and efficiently. She took ownership of the situation, stayed on top of every detail, and made me feel like I finally had someone in my corner who was determined to get the job done. Kandyce is extremely knowledgeable about the law and clearly has a tremendous amount of experience in the courtroom. Walking through the courthouse with her, it honestly felt a little like walking with a celebrity — everyone seemed to know her, and it was obvious that she is well known and respected by the people she works with. That level of experience and familiarity gave me a great deal of confidence. Beyond her legal knowledge, Kandyce is also very personable, easy to talk to, straightforward, and genuinely enjoyable to work with. She has a great ability to explain things clearly while keeping everything moving forward. I always felt like she understood exactly what needed to happen and was focused on getting results. I am extremely satisfied with the work Kandyce did for me. Anyone fortunate enough to have her handling their case can feel confident that she will take care of business. I would highly recommend her and am very grateful for everything she did for me.Posted on Google![]()
Kevin Wright12 days agoTrustindex verifies that the original source of the review is Google.
Mario Moreno has been amazing and got me a favorable outcome which didn’t seem likely.Posted on Google![]()
rigo Hurtado Jr16 days agoTrustindex verifies that the original source of the review is Google.
I am very pleased with Barton & Associates. Mario Moreno has helped me through the whole process guided me through court verbiage and was excellent communicator. Emails, calls etc Mario called me or responded right away. Nevertheless happy customer here.Posted on Google![]()
Salone McManus19 days agoTrustindex verifies that the original source of the review is Google.
Could not say better things about this place, the staff was so helpful and answered any question I had!! The office was really beautiful and well kept as well! Definitely recommend.Posted on Google![]()
Kendall Stanga41 days agoTrustindex verifies that the original source of the review is Google.
Savannah was the best, she gave me great customer service and got me set up with a consultation. If you’re looking for a law firm definitely give them a call and ask for Savannah she will take care of you.Posted on Google![]()
Bobby Solano41 days agoTrustindex verifies that the original source of the review is Google.
Savannah had great customer service when speaking over the phone. Answer all my questions and was very helpful.Posted on Google![]()
Zoe Ramos41 days agoTrustindex verifies that the original source of the review is Google.
Savannah was very friendly and helpful when I called in! Great customer service.Posted on Google![]()
Marisol B41 days agoTrustindex verifies that the original source of the review is Google.
Great experience, Savannah helped me get in contact with an attorney. She was helpful, friendly, and efficient. Good customer service is hard to come by nowadays.Posted on Google![]()
Idalia Hartwell41 days agoTrustindex verifies that the original source of the review is Google.
Savannah had great customer service over the phone and got me scheduled with a consult easilyPosted on Google![]()
Erika Perez44 days agoTrustindex verifies that the original source of the review is Google.
Savannah Huron is truly an asset to Barton Law Firm, and she deserves all the recognition for the way she takes care of her clients. 10/10 experience! ❤️⭐️⭐️⭐️⭐️⭐️Posted on Google![]()
Greg Nuncio44 days agoTrustindex verifies that the original source of the review is Google.
I went in needing some information on where to even start with my case SAVANNA was so helpful she lead me in the right direction and got me all the help I needed… thank you Barton & associates for all you all are doing for mePosted on Google![]()
Nick Anthony Perez44 days agoTrustindex verifies that the original source of the review is Google.
Savannah Huron at Barton Law has been amazing throughout my experience as a client. She is professional, responsive, patient, and always takes the time to make sure I understand what is going on with my case. What stood out to me most was how dependable and attentive she is. Whenever I had a question or needed an update, she made sure I was taken care of and never made me feel like I was being brushed off or forgotten. That kind of communication makes a huge difference when you are dealing with a legal matter. Savannah is a great representation of Barton Law Firm. Her professionalism, organization, and genuine care for clients are easy to notice, and she absolutely deserves recognition for the quality of service she provides. I would highly recommend Barton Law Firm based on the experience I have had with Savannah.Posted on Google![]()
Anthony Cisneros44 days agoTrustindex verifies that the original source of the review is Google.
When you’re dealing with a serious case, it’s probably one of the scariest and most uncertain times of your life. You want an attorney you can truly depend on and trust to stand beside you. I was dealing with a false accusation, and it was without a doubt one of the scariest times of my life. From the beginning, Barton & Associates never made me feel like this was a fight I had to face alone. They made me feel like it was their fight too. If you want a legal team that will stand by your side, answer your calls, address your questions, and make you feel like your case genuinely matters, look no further. My attorney was Mario, and I cannot say enough about how grateful I am for him. Throughout the entire process, he made me feel 1000% confident that I had made the right decision choosing this firm. He stood by me through an incredibly difficult time, fought for me, and ultimately got my case dismissed. Mario and Barton & Associates gave me my life back. Now that everything is said and done, I can confidently say hiring them was one of the best decisions I could have made. I will forever be grateful for what Mario and the entire team did for me.Posted on Google![]()
Alyssa Huron45 days agoTrustindex verifies that the original source of the review is Google.
I called the office to set up a consultation, and Savannah helped me through the process. She was very nice, friendly, and helpful during such a difficult situation. I really appreciated her kindness!Posted on Google![]()
Ed Lambert45 days agoTrustindex verifies that the original source of the review is Google.
Mario is excellent! Case dismissed.Posted on Google![]()
John Hunt52 days agoTrustindex verifies that the original source of the review is Google.
⭐⭐⭐⭐⭐ I highly recommend Barton & Associates, especially Mario Moreno. Mario was professional, responsive, and extremely helpful throughout the entire process. He kept me informed, answered my questions, and helped make a very stressful situation much easier to navigate. Most importantly, we achieved the outcome I was hoping for, with my cases being dismissed. I truly appreciate Mario and the entire team for their hard work and dedication. Definitely a 5-star experience!
Schedule a Free Consultation
Contact Barton & Associates today for a free, confidential consultation about your legal matter. Complete this form to schedule your consultation, or call 210-500-0000 to check attorney availability for an immediate phone consultation.
We are selective about the cases we accept because we give every client our full attention, and that means being honest when a case is not the right fit for our firm. We treat every client with respect and expect the same in return. We will withdraw from representing a client who is dishonest with our team or treats our staff disrespectfully.
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Family Law & Criminal Defense Blog
FAQ Criminal Defense, Divorce & Injury
Look for a lawyer who regularly handles your type of case in the local courts, gives you an honest assessment instead of a promise and tells you who will work on your file. You can confirm any Texas lawyer’s license and discipline record through the State Bar of Texas. At our free consultation you describe what happened, we ask the questions needed to understand your situation, and we explain your options, the likely process and what we recommend. Nothing you say is shared outside the firm, and you are not obligated to hire us. Bring any paperwork you have, such as a citation, court papers or insurance information.
Our practice is criminal defense, family law and personal injury. Criminal cases include DWI, assault, drug, weapon and sex offense charges, felonies, probation violations and record clearing. Family law includes divorce, custody, child support, property division, mediation, prenuptial agreements, modification and guardianship. Personal injury includes car, truck and motorcycle accidents, premises and workplace injuries, medical malpractice, wrongful death, nursing home cases and claims involving civil rights or wrongful termination. We do not handle adoption cases. If your matter falls outside these areas, we will tell you at the start so that you can find the right kind of lawyer without losing time.
Cost depends on the type of case, how contested it becomes and whether it goes to trial. A straightforward misdemeanor or an uncontested divorce takes far less work than a felony indictment or a custody case with several hearings, and no honest lawyer can quote a total before reviewing the facts. We explain our fee arrangement at the free consultation so that you can decide with the full picture. If you are charged with a crime and cannot afford a lawyer, the magistrate must tell you at your first appearance that you can request appointed counsel.
Stay calm, give your name and identifying information and say little else. You do not have to answer questions about what happened, and anything you say can be used in the case. Ask for a lawyer and stop talking until you have one. Under Code of Criminal Procedure Article 15.17, a person who is arrested must be taken before a magistrate without unnecessary delay and no later than 48 hours after arrest, and bond is set at that hearing. If the charge is DWI, a separate 15-day license deadline is already running. Our guide on what to do after an arrest covers the first steps, and calling a lawyer within the first 24 hours gives the defense the most room to work.
Under Transportation Code Section 524.031, a request for an Administrative License Revocation hearing must be made no later than the 15th day after you receive, or are presumed to receive, notice of suspension. A timely request stays the suspension while the hearing is pending (Section 524.032). If no request is made, the suspension takes effect on the 40th day after notice (Section 524.021), regardless of what happens in the criminal case. The license case is separate from the criminal charge, and in some cases a suspended driver can ask a court for an occupational license. Our page on license reinstatement and occupational licenses explains the options.
Deferred adjudication is a form of community supervision in which the judge accepts a plea but defers a finding of guilt and places you under supervision. If you complete it successfully, the case is dismissed. Texas law generally does not treat that as a final conviction, though employers, licensing boards and immigration authorities may treat it differently. Not every offense qualifies. Under Code of Criminal Procedure Article 42A.102, for example, an ordinary DWI is not automatically excluded, but the judge’s authority is restricted if the person held a commercial license or had a blood alcohol concentration of 0.15 or more. A dismissal does not erase the arrest. Some misdemeanors can qualify for an order of nondisclosure under Government Code Section 411.072, though DWI and certain assault, family and weapons offenses are excluded from that route, and our nondisclosure guide explains how it works.
A Texas court generally cannot grant a divorce before the 60th day after the suit is filed (Family Code Section 6.702), and the waiting period does not apply in certain family violence situations. To file, you or your spouse must have lived in Texas for the preceding six months and in the county where you file for the preceding 90 days (Section 6.301). Beyond the waiting period, timing depends on how many issues are disputed, the court’s calendar and whether the case settles. An agreed divorce can finish soon after the waiting period, while a case with property or custody disputes takes longer. Our divorce case timelines page shows the usual stages.
Board certification in criminal law is awarded by the Texas Board of Legal Specialization, separately from a law license. It involves a review of trial experience, peer evaluation by other attorneys and judges, and a written examination, and board certification of any kind is held by fewer than three percent of Texas attorneys. Our founding attorney, Gary J. Barton, is Board Certified in Criminal Law, and you can confirm it in the State Bar of Texas directory. Certification belongs to an individual lawyer, not to a firm, so ask any lawyer which credentials they personally hold and how many cases like yours they have tried. Certification does not predict the result of any case.
Texas sets guideline child support as a percentage of the paying parent’s monthly net resources, up to a cap. Under Family Code Section 154.125, for a parent with net resources of $1,000 or more the guideline is 20 percent for one child, 25 percent for two, 30 percent for three, 35 percent for four and 40 percent for five, and not less than the five-child amount for six or more. The cap on net resources is adjusted every six years, so check the current figure. Our child support calculator gives an estimate, but the court decides the amount in your case.
Yes, but not easily. Family Code Section 156.101 allows a court to modify conservatorship, possession or access only if the change is in the child’s best interest and one of three grounds applies: a material and substantial change in circumstances, a child who is 12 or older telling the judge in chambers which parent the child prefers to have the exclusive right to designate the child’s primary residence, or the conservator with that right voluntarily giving up primary care for at least six months. A judge must interview a child who is 12 or older if a party asks (Section 153.009), but the preference does not control the outcome. A parent’s relocation is one of the most common reasons for a request to change an order.
Spousal maintenance is not automatic. Under Family Code Section 8.051, the spouse asking for it must show that after the divorce they will not have enough property, including separate property, to meet their minimum reasonable needs, and must also fit one of four situations: a family violence conviction or deferred adjudication against the other spouse within the time the statute sets, an incapacitating disability, a marriage of 10 years or longer with insufficient earning ability, or the care of a disabled child. The monthly amount may not exceed the lesser of $5,000 or 20 percent of the paying spouse’s average monthly gross income (Section 8.055). For a marriage of 10 to 20 years the order can last up to five years, for 20 to 30 years up to seven years and for 30 years or more up to ten years (Section 8.054), with different rules for disability. Our pages on alimony and spousal support and the alimony calculator add detail.
Get medical attention first, even if you feel fine, because some injuries, including brain injuries, do not show symptoms right away. If you can, photograph the scene and collect the other driver’s contact and insurance information. Before you give a recorded statement to any insurance company, including your own, speak with an attorney, because adjusters collect information that can limit what a claim is worth. Texas Civil Practice and Remedies Code Section 16.003 generally gives two years to file a personal injury suit, and two years from the date of death in a death case, but evidence such as surveillance video can disappear much sooner. Our page on car accident claims explains the process.
There is no set timeline. The length depends on how serious the injuries are, how much liability is disputed, how many parties and insurers are involved and whether the case settles or goes to trial. One of the biggest factors is maximum medical improvement, the point at which doctors can reasonably predict your future medical needs. Settling before then can mean accepting less than a claim is worth, because future medical costs and long-term effects are often the largest part of the damages. We build each file for trial from the start, and we explain the options at each stage so that you can decide when to settle.
Yes. Our main office is at 115 Camaron Street in downtown San Antonio, with appointment-only offices at 316 West 12th Street in Austin and 5110 Wilkinson Drive in Corpus Christi. San Antonio matters are generally heard in Bexar County, Austin matters in Travis County and Corpus Christi matters in Nueces County. Call 210-500-0000 in San Antonio, 512-THE-FIRM (843-3476) in Austin or 361-800-6780 in Corpus Christi, or complete the consultation form, and we will confirm which attorneys handle your case.
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316 W 12th St Suite 400, Austin, TX 78701
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
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