Facing a Felony Charge in San Antonio? The Critical First Steps to Protect Your Future
A felony accusation in San Antonio is one of the most daunting and serious legal challenges a person can face. The moment you are charged, the criminal justice system begins moving with formidable speed and power. The decisions you make in the initial hours and days are not just procedural; they can fundamentally alter the trajectory of your case and your life. The potential consequences—significant prison time in a Texas Department of Criminal Justice facility, a permanent criminal record, loss of voting and firearm rights, and professional ruin—are severe and lasting.
At Barton & Associates, we understand the profound fear and uncertainty that comes with a felony charge. This guide is designed to provide you with clear, actionable steps to protect your constitutional rights and build the strongest possible defense from the very start. Remember, you are not just a case file. You are a person whose freedom, family, and future are at stake. Your next moves are critical.
Step 1: Immediately Invoke Your Right to Remain Silent
This is the single most important piece of advice you will receive. From the moment of arrest or even during questioning by law enforcement, you must clearly and calmly state: “I am invoking my right to remain silent and I want to speak to an attorney.”
- Why This is Non-Negotiable: Anything you say can and will be used against you in court. Investigators are trained to elicit information, and even an innocent explanation can be misconstrued or used to undermine your defense later. Do not try to “talk your way out” of the situation. Once you invoke this right, all questioning must legally stop.
- Who Not to Speak To: This silence extends beyond police. Do not discuss your case with anyone except your attorney—this includes cellmates, friends, or family over jailhouse phones, which are often recorded. Prosecutors can subpoena these individuals to testify about what you said.
Step 2: Secure Your Release: Understanding the Bail Process in Bexar County
After arrest and booking, your first opportunity to regain your freedom is through the bail process. This can be complex, especially for serious felony charges.
- How Bail is Set: In San Antonio, a magistrate judge will set bail based on the alleged offense, your criminal history (if any), your ties to the community, and whether you are considered a flight risk. Felonies typically have much higher bail amounts than misdemeanors.
- The Role of a Bond Hearing: If bail is initially denied or set prohibitively high, your attorney can request a bond hearing. At this hearing, we argue for your release by presenting evidence of your community ties, employment, and lack of flight risk. Success here is crucial, as being out of custody allows you to actively participate in building your defense.
- Options for Posting Bond: You can post the full cash amount, use a licensed bondsman (who typically charges a non-refundable fee of 10%), or, in some cases, be released on a personal recognizance (PR) bond if the court is convinced you will return.
Step 3: Retain an Experienced San Antonio Felony Defense Attorney Without Delay
This is not a step to research casually online for weeks. The prosecution begins building its case immediately; you need a defender doing the same. Your choice of attorney is the most significant decision you will make.
- What to Look For: Seek a law firm with a proven track record of trying and winning felony cases in Bexar County courts. Look for former prosecutorial experience (as this provides invaluable insight into the opposition’s tactics), the resources to hire investigators and expert witnesses, and a reputation for being a prepared and formidable advocate.
- The Initial Consultation: When you contact a firm like Barton & Associates for an urgent consultation, be prepared to share the details of your charges, the circumstances of your arrest, and any documentation you have. This allows the attorney to provide an initial assessment and begin crafting a defense strategy tailored to the unique aspects of your case.
Step 4: Understand the Formal Charges & The Texas Felony Classification System
Your attorney will immediately obtain the formal charging instrument, usually an indictment from a grand jury or a felony information. Understanding the specific charge and its severity is key.
Texas classifies felonies by degree, with corresponding punishment ranges:
- State Jail Felony: Theft $2,500-$30K, Possession of Controlled Substance (Penalty Group 1 <1g). 180 days to 2 years in State Jail, and/or a fine up to $10,000
- Third-Degree Felony: DWI 3rd or more, Assault (Strangulation/Family Violence), Bail Jumping. 2 to 10 years in prison, and/or a fine up to $10,000
- Second-Degree Felony: Aggravated Assault, Robbery, Sexual Assault, Manslaughter. 2 to 20 years in prison, and/or a fine up to $10,000
- First-Degree Felony: Aggravated Robbery, Murder, Aggravated Sexual Assault. 5 to 99 years or life in prison, and/or a fine up to $10,000
- Capital Felony: Capital Murder. Life imprisonment without parole, or the death penalty
Step 5: The Pre-Trial Phase: Where Your Defense is Actively Built
The majority of defense work happens long before a trial date is set. This is where your attorney’s skill and strategy make a profound difference.
- Independent Investigation: A strong defense requires its own facts. We work with private investigators to visit the crime scene, locate and interview witnesses the police may have missed, and uncover exculpatory evidence.
- Challenging the Evidence Through Motions: A critical weapon in felony defense is the pre-trial motion. Your attorney will file motions to:
- Suppress Evidence: Argue that key evidence (like a confession, drugs, or a weapon) was obtained through an unlawful search or seizure in violation of your Fourth Amendment rights. If successful, this evidence cannot be used at trial, often leading to dismissed or severely weakened charges.
- Compel Discovery: Force the prosecution to turn over all evidence, including any that is favorable to you (known as Brady material).
- Challenge Procedures: Question the reliability of eyewitness identification, forensic testing methods, or the calibration of breathalyzer machines.
- Strategic Negotiation: While we are always prepared for trial, a negotiated resolution can sometimes serve your best interests. Drawing on credibility with local prosecutors, your attorney may negotiate for:
- Dismissal of Charges
- Reduction of Charges (from a felony to a misdemeanor)
- A Favorable Plea Agreement that minimizes prison time or seeks probation or alternative sentencing like drug treatment programs.
Step 6: Prepare for the Long Road: Key Court Appearances
Your attorney will guide you through each court appearance, but understanding the process helps reduce anxiety.
- Magistrate Hearing/Arraignment: Shortly after arrest, you’ll appear before a magistrate to be formally informed of the charges and have bail set. Your attorney may advocate for you at this stage.
- Status Hearings & Pre-Trial Conferences: These are administrative check-ins with the court to discuss the progress of discovery, evidence, and potential plea negotiations.
- Announcement Date: A key deadline by which you must decide to accept a plea offer or set the case for trial.
- Trial: If no resolution is reached, your case proceeds to a jury trial, where the state must prove your guilt beyond a reasonable doubt.
Step 7: Protecting Your Life Outside the Courtroom
A felony charge affects every aspect of your life. Proactively managing these areas is part of a comprehensive defense strategy.
- Employment: Consult with your attorney before discussing the charge with your employer. You may have legal protections, and your attorney can advise on the best approach.
- Family: Be honest with your immediate family in a general sense, but reiterate the importance of not discussing case details. Their emotional support is crucial.
- Personal Conduct: This is a time for impeccable behavior. Any new legal trouble, no matter how minor, will catastrophically damage your case and standing with the court.
Step 8: Why You Cannot Afford a Passive Defense
The consequences of a felony conviction extend far beyond potential prison time. They create a permanent, public record that can lead to:
- Loss of professional licenses (in law, medicine, real estate, nursing, etc.)
- Permanent loss of the right to vote and possess firearms
- Near-insurmountable barriers to securing future employment, housing, or educational loans
- Lifelong social stigma and personal strain
A passive defense—simply showing up to court dates—is a path to these consequences. An active, aggressive defense, led by attorneys who challenge the state at every turn, is your only path to protecting your future.
Act Now to Secure Your Defense
If you or a loved one is facing a felony charge in San Antonio, Austin or Corpus Christi, Texas, time is not on your side. The prosecution is already working. You need an advocate who begins building your defense with the same urgency and determination.
Your next step is critical. Exercise your right to remain silent, and then exercise your right to powerful legal counsel.
Contact Barton & Associates, Attorneys at Law immediately at 210-500-0000 for a confidential and urgent case evaluation. You can also use our online Free Consultation form. Our seasoned felony defense team will listen to the details of your situation, explain the road ahead with clarity, and start crafting the vigorous, personalized defense strategy you need to fight for your freedom and your future.
