If you were arrested or are under investigation in San Antonio, what happens in the next 24 hours can shape your case. Barton & Associates defends people charged in the Bexar County courts, from the first appearance through indictment and jury trial. Whether you need a DWI attorney in San Antonio, a San Antonio felony attorney or help with a lesser charge, we review the evidence, explain your options and tell you what to expect before you decide. Call 210-500-0000 at any hour. Your first consultation is free.
Gary J Barton & AssociatesAttorneys at Law
A criminal charge puts your freedom, your job and your family’s stability at risk, and the Bexar County courts move quickly. Barton & Associates represents people charged in the county’s criminal district courts, county courts at law and municipal courts, and the work starts the day you call. We read the offense report, request any body camera or surveillance video, and look for problems with the stop, the search, the witnesses and the lab work before we talk about a plea. A police report tells one side of the story, and our first job is often to find what it leaves out, from missing video to witnesses nobody interviewed. We handle arrests from downtown to the Northside, and every file gets the same early review.
Our misdemeanor lawyer in San Antonio page explains how Class A, B and C charges are handled, our San Antonio drug crimes lawyer page covers possession and distribution cases, and our domestic violence lawyer in San Antonio page explains family violence charges and protective orders.
Our founding attorney, Gary J. Barton, is Board Certified in Criminal Law by the Texas Board of Legal Specialization and is a former Bexar County prosecutor who handled capital murder cases. Jim Erickson, a senior trial attorney, has practiced criminal defense in Texas since 1985. Together with the rest of our criminal defense legal team, they handle bond hearings, suppression motions, plea negotiations and trials, and you will know who is speaking for you in court. You meet the attorney who will handle your case, you learn who covers a hearing if a trial runs long, and you get a plain explanation of each setting before you go. Support staff keep a calendar of deadlines, discovery requests and court dates so that a missed filing never changes a case.
Charges can also threaten a security clearance, a professional license or a place in school. Our San Antonio military lawyer page explains those collateral consequences. Any Texas lawyer’s license, discipline record and board certification can be checked through the State Bar of Texas, and we encourage you to check ours. When a charge overlaps with a divorce or custody case, our criminal and family law attorneys can coordinate so that what happens in one court does not hurt you in the other.
When you hire a San Antonio criminal defense attorney, you are paying for judgment as much as for time in court. Our job is to test the state’s case, tell you honestly where it is strong and where it is weak, and pursue the defenses the facts support, whether that means a dismissal, a negotiated result or a trial. The decision to plead or try the case always belongs to you. We do not treat any case as routine. A first-time misdemeanor can cost a job and a felony can cost years, so each file gets the same review: the report, the video, the witnesses, the lab results and the law. Where the evidence is thin, we press the state on it. Where it is strong, we focus on limiting the damage and protecting your record.
That standard applies to every charge we take, including a San Antonio sex crime lawyer case, where the accusation alone can damage a reputation, and a weapons charges attorney in San Antonio case, where a conviction can end the right to own a firearm.
Representing Clients Across Bexar County
Texas law requires that a person arrested be taken before a magistrate without unnecessary delay and no later than 48 hours after arrest. That hearing sets bond and conditions of release, so the earlier a lawyer is involved the better. Our guide on what to do after an arrest covers the first steps, and the most important is to stop talking to police about the facts.
The level of the charge controls the punishment range, the court and the long-term consequences. Class B and Class A misdemeanors carry up to 180 days and up to one year in jail, while felonies range from a state jail felony to a first-degree felony with a term of five to 99 years or life. Our explanation of felony versus misdemeanor charges shows how a charge can move from one level to another.
Many cases turn on how the evidence was obtained. We look at whether police had a lawful reason to stop, detain or search you, whether a statement was taken properly and whether a witness or a lab result holds up. Under Texas law, evidence obtained in violation of the Constitution or the laws of Texas or the United States cannot be admitted against the accused, and a motion to suppress is how that rule is raised.
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. We prepare for the court your case is in, not just for the statute. Our criminal case timeline walks through each stage from arrest to disposition.
Community supervision is a common outcome, and a violation can put it at risk. When the state files a motion, the stakes are high and the hearing moves fast, which is why our San Antonio motion to revoke probation attorney page explains the process and your options before the first setting.
A dismissal or acquittal does not remove an arrest from your record on its own. Our expungement lawyer in San Antonio page explains when a record can be expunged or sealed. Past cases listed on our case results page each turned on their own facts, and none of them predicts the outcome of yours.
Criminal cases rarely wait for a convenient calendar. When one attorney is in trial, another can appear at a bond hearing or answer a client’s call, and support staff track deadlines, discovery and filings so that nothing is missed. That structure matters most in serious cases, where discovery can run to thousands of pages and the deadlines for motions arrive before the evidence is fully reviewed.
Texas lawyers are licensed by the State Bar of Texas, and board certification is awarded separately by the Texas Board of Legal Specialization. Both can be checked in the State Bar’s public directory. Credentials matter, but so does the work in front of you, so ask any lawyer you interview how many cases like yours they have tried and who will appear with you in court. We are glad to answer both questions, and we will tell you plainly if another lawyer is a better fit for your case.
Gary J. Barton handled capital murder cases as a Bexar County prosecutor before moving to defense. 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 cases the firm takes on.
When a case turns on forensic evidence, such as a blood test, a phone extraction or an accident reconstruction, we consult qualified experts where the facts call for it. We also look for what the police did not: nearby video, additional witnesses and records that show where a person actually was.
Some cases cannot be resolved on fair terms, and a lawyer who is ready to try a case negotiates from a stronger position. We prepare every file as one that may go to a jury, even when we expect to negotiate.
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. That planning covers bond, discovery requests, the timing of motions and how to respond when the state makes an offer.
At your first consultation, we tell you what we see in the charge, what the realistic range of outcomes looks like and what we need from you. If a case is weak for the state, we say so. If it is serious and the evidence is strong, we say that too, and we explain the options before you decide. You should leave the consultation knowing what to do next, even if you decide not to hire us.
Clients have posted hundreds of reviews of our firm on Google reviews, where each review is tied to a Google account. You can also read our Avvo profile and our Martindale-Hubbell profile. A rating you can check is worth more than one we simply claim.
Arrests do not follow office hours. You can call 210-500-0000 at any hour to reach the firm about an arrest, and the free consultation covers what happened, what is likely to happen next and what we recommend. If a family member is calling from outside the jail, we can start with what they know and fill in the rest with you.
You work with the attorney handling your case, and you receive updates between court dates instead of being routed through layers of staff. When an offer, a deadline or a setting changes, you hear it from us. We tell you what a court date will involve, whether you need to appear and what to bring.
We explain our fee arrangement at the first consultation, along with what your case is likely to involve and where the uncertainty lies, so that you can plan for the cost of the case before you commit. No lawyer can promise a result in a criminal case, and we do not.
Our main office is at 115 Camaron Street in downtown San Antonio, close to the Bexar County courthouse district, and we represent people from across Bexar County. You can meet with an attorney in person or by phone, and we will tell you what to expect at the courthouse before your first appearance.
A good defense depends on a client who is honest with the lawyer, follows every bond condition and goes to every court date. We ask you to tell us the facts as they are, including the parts that look bad, and to avoid discussing the case with anyone else, including on social media. Statements made online and in 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. Our reviews describe that experience better than any claim on this page can.
Primary Practice Areas
Each card above opens a practice area page. DWI, felony, misdemeanor, drug, domestic violence, sex crime, weapon, probation, expungement and military or professional matters are covered there, and each page explains how Bexar County courts handle that charge and what to bring to your consultation.
Defense at Every Stage of a 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 the suspension, so we calendar that deadline at intake. The hearing can also give the defense an early chance to question the arresting officer under oath.
In the criminal case we examine why you were stopped, how field sobriety tests were given and recorded, and how any breath or blood sample was collected, stored and tested. A blood draw raises its own questions about whether there was a warrant or valid consent. A DWI with a child passenger, a third offense or an accident causing serious injury can be charged as a felony, which changes the stakes. If you are facing your first-offense DWI, our DWI case timeline shows what to expect from arrest to resolution.
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, a Class B offense carries up to 180 days and up to $2,000, and either one can follow you through background checks for jobs, housing and licenses. We look at whether the stop was lawful, whether the complaining witness is credible and whether the evidence supports the charge as written. A misdemeanor case starts the way a felony case does: we ask for the video, read the report and identify what the state must prove.
Common charges include theft charges, criminal trespass, assault, possession and disorderly conduct. Depending on the facts and your history, options can include dismissal, a diversion program or a resolution that protects your record.
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 conviction also ends the right to possess a firearm.
We defend charges such as aggravated assault, robbery, burglary, homicide, drug distribution and white-collar allegations. Felony defense means early work on bond, close review of the evidence and statements, suppression motions where the facts support them, and trial preparation from the start.
Bond comes first. Early work on bond conditions, and on a bond reduction where the amount is out of line with the facts, can let you keep working and help prepare your defense. After indictment, the focus shifts to discovery, motions and negotiation, and many felony cases resolve before trial. When the state’s case cannot be answered through negotiation, we try it.
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Contact Barton & Associates today for a free, confidential consultation about your criminal defense matter. Complete this form to schedule a free consultation, or call us at 210-500-0000 to check attorney availability for an immediate phone consultation.
We are selective about the cases we accept because we treat our clients like family, with respect, dignity and unwavering commitment. In return, we expect the same courtesy. We do not tolerate rudeness toward our staff, and we will withdraw representation from any client who exhibits inappropriate behavior, dishonesty or attempts to mislead our team.
FAQ Criminal Defense San Antonio
Look for a San Antonio criminal defense attorney who regularly appears in the Bexar County courts, will give you an honest assessment instead of a promise, and will try the case if a fair offer is not available. Ask who will handle your file day to day and how quickly calls are returned, and confirm any Texas lawyer’s license and discipline record through the State Bar of Texas. At our free consultation we listen to what happened, review any paperwork you have, explain the process and your options, and tell you where we see risk. Bring your citation, bond papers, court dates and a list of questions, and you can schedule a free consultation by phone or online.
Cost depends on the charge, how much work the case requires and whether it goes to trial. Felony cases, trials and cases with heavy evidence take more time than a simple misdemeanor, and no honest lawyer can promise a total before reviewing the facts. We explain our fees at the free consultation so you can decide with the full picture. If you cannot afford a lawyer, the magistrate must tell you at your first appearance that you can request appointed counsel, and you can make that request there.
The first appearance is magistration. Under Code of Criminal Procedure Article 15.17, a person arrested must be taken before a magistrate without unnecessary delay and no later than 48 hours after arrest. The magistrate explains the accusation, your right to hire a lawyer, your right to remain silent and your right to request appointed counsel, and sets bond. Conditions can include a cash or surety bond, electronic monitoring, a no-contact order or, in a DWI case, an ignition interlock device. The hearing is short, but the conditions can affect your daily life for months, and a lawyer can ask the court to change them if they are excessive.
A magistrate sets bail based on the offense, the facts of the arrest and your history, and most people are released on a bond they can post. If bail is too high, a lawyer can ask the court to reduce it. A detained defendant must also be released on a personal bond or reduced bail if the state is not ready for trial within 90 days for a felony, 30 days for a misdemeanor punishable by more than 180 days, 15 days for a misdemeanor punishable by 180 days or less, or five days for a fine-only misdemeanor (Article 17.151). Texas voters also approved Proposition 3 in November 2025, a constitutional amendment under which certain violent offenses can lead to bail being denied if the state shows detention is necessary for public safety or appearance in court. Whether it applies depends on the specific charge and a hearing, so ask a lawyer promptly.
Texas sorts offenses by class. A Class C misdemeanor is a fine-only offense, a Class B misdemeanor carries up to 180 days in jail and a fine of up to $2,000, and a Class A misdemeanor carries up to one year in jail and a fine of up to $4,000. Among felonies, a state jail felony carries 180 days to two years in a state jail, 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, each with a possible fine of up to $10,000. Enhancements, such as a prior conviction, can change these ranges. Our Texas Penal Code guide lists the classes and punishments.
A motion to suppress asks the court to exclude evidence that was obtained illegally. Under Code of Criminal Procedure Article 38.23, evidence obtained by an officer or other person in violation of the Constitution or laws of Texas or the United States cannot be admitted against the accused at trial, with a limited exception for officers who rely in good faith on a warrant. A stop without reasonable suspicion, a search without a valid warrant or exception, or a blood draw taken improperly can all be challenged. If the motion is granted, the state may lose the evidence its case depends on, which can lead to a dismissal or a better offer.
It depends on what you said and the circumstances. Statements made when you were not in custody are generally admissible, while statements from a custodial interrogation are governed by Code of Criminal Procedure Article 38.22, which requires warnings and, for oral statements, an accurate recording, with certain exceptions. A statement is not automatically the end of a case. A lawyer will compare it with the offense report, the video and the rest of the evidence. From here, stop talking to police about the facts, and let your lawyer handle contact with investigators.
Felony charges in Texas generally proceed by grand jury indictment, unless the defendant waives it. A grand jury decides whether there is probable cause to charge a felony. A true bill results in an indictment and the case moves forward in one of the county’s criminal district courts, which include the 144th, 175th, 186th, 187th, 226th, 227th, 290th, 379th, 399th and 437th. A no bill means the grand jury declined to indict. Defense lawyers are not present in the grand jury room, but a lawyer retained early can sometimes give the prosecutor information before the case is presented. After an indictment, the next step is arraignment, where a not guilty plea is entered.
Most criminal cases are resolved by agreement between the defense and the prosecutor instead of a trial. An offer may include a dismissal of some counts, a reduction to a lesser offense, deferred adjudication, probation or a recommended sentence. The strength of the defense affects the offer: problems with the stop, weak witnesses or doubtful lab work all matter. Before you accept anything, your lawyer should explain the offer, the likely result at trial and the long-term effects on your record, work and immigration or firearm rights. The decision to accept or reject an offer is yours.
Yes. Most DWI, drug possession, assault and theft cases are state cases prosecuted by the Bexar County prosecutor’s office in state court. Federal charges are brought by the U.S. Attorney’s Office, and cases arising in San Antonio are heard in the Western District of Texas, San Antonio Division. Federal cases follow different procedures and sentencing guidelines, and the federal system has no parole. Drug trafficking, some firearms offenses, large-scale fraud and cases crossing state lines are the kinds that often end up in federal court. Ask any lawyer you are considering whether they handle federal matters.
Probation, formally community supervision, lets a person serve a sentence in the community under conditions such as reporting, fines and fees, community service, testing and, in some cases, treatment or electronic monitoring. It may follow a conviction with a suspended sentence, or it may be deferred adjudication, where the judge withholds a finding of guilt while you complete supervision. A violation can lead the state to file a motion to revoke probation or a motion to adjudicate guilt. The judge hears these motions without a jury, and the standard of proof is a preponderance of the evidence, lower than reasonable doubt. If the judge grants the motion, the sentence can be as high as the original range allows.
The charge is often an assault, but the family relationship changes the consequences. A magistrate can issue an emergency protective order at the first appearance, which can limit contact with a spouse or children and affect where you can live. 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. These cases often begin with a 911 call and an arrest before anyone has tested the facts, so witness credibility, photographs, medical records and phone records matter early.
Two things start the analysis: which penalty group under the Texas Health and Safety Code the substance falls into, and how much is alleged. Together they decide whether the charge is a misdemeanor or a felony and how high the felony level is. Whether a case is possession or intent to distribute often depends on quantity, packaging and circumstantial evidence such as scales or cash, which can be contested. The search that found the substance is often the most important issue, because evidence from an unlawful search can be challenged in a motion to suppress.
It can. Body camera footage from the San Antonio Police Department or the Bexar County Sheriff’s Office may show the stop, arrest and field sobriety tests in ways a written report does not. A difference between what an officer wrote and what the video shows can affect the officer’s credibility and a motion to suppress. Footage from nearby businesses or traffic cameras can also show where someone was and what happened. Recordings are often kept for a limited time, so we ask for them as soon as we are hired.
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5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
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