
Harris County Criminal Defense & DWI Lawyer
If you have been arrested or charged with a crime in Harris County, Texas, you need an experienced criminal defense attorney who understands the Texas criminal justice system and is prepared to protect your rights.
Erik Smith represents people accused of DWI, misdemeanors, felonies and other criminal offenses throughout Harris County and the Houston area.
An arrest is not a conviction. The State of Texas still has the burden of proving its case beyond a reasonable doubt. The defense should begin by examining the government's evidence, the circumstances surrounding the arrest and every potential legal and factual defense
Criminal Defense in Harris County, Texas
Criminal cases in Harris County can range from misdemeanor accusations to serious felony prosecutions.
Erik Smith represents clients facing charges involving:
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DWI and intoxication offenses
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Assault
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Family violence
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Drug possession and controlled substances
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Theft and property crimes
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Weapons offenses
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Juvenile offenses
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Probation violations
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Felony offenses
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Misdemeanor offenses
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Expunctions and record clearing
Every criminal case is different. The appropriate defense strategy depends on the allegations, available evidence, criminal history, applicable Texas law and the client's objectives.
Harris County DWI Lawyer
A DWI arrest can create consequences beyond the criminal prosecution.
Depending on the circumstances, a person accused of DWI may face potential driver's-license consequences, bond conditions, fines, probation, increased insurance costs and other consequences.
A Harris County DWI defense should examine issues including:
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Why the vehicle was originally stopped
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Whether reasonable suspicion existed
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Whether the officer had probable cause to make an arrest
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Field sobriety testing
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Body-camera and dash-camera recordings
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Breath-test evidence
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Blood-test evidence
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Search warrants
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Laboratory procedures
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Medical conditions
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Witness testimony
The government's interpretation of the evidence does not necessarily tell the entire story.
Assault & Family Violence Charges
Assault and family violence allegations can have significant consequences.
A defense investigation may examine:
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Self-defense
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Defense of another person
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Conflicting witness accounts
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Credibility issues
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Physical evidence
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Injuries
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911 recordings
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Body-camera recordings
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Statements made to police
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The circumstances leading to the confrontation
An accusation should not automatically be treated as proof that a crime occurred.
Drug Charges
Drug prosecutions frequently raise important constitutional questions involving searches and seizures.
Potential issues can include:
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Legality of a traffic stop
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Vehicle searches
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Search warrants
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Consent searches
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Possession
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Knowledge
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Laboratory testing
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Chain of custody
Evidence obtained through an unlawful search may sometimes be challenged through appropriate legal proceedings.
Felony & Misdemeanor Defense
Erik Smith represents people accused of both felony and misdemeanor offenses in Harris County.
A criminal conviction can potentially affect employment, professional licensing, housing, firearm rights and other aspects of a person's life.
For that reason, criminal charges should be evaluated carefully even when the offense is classified as a misdemeanor.
Probation Violations
Being accused of violating probation does not necessarily mean that probation will automatically be revoked.
Potential issues can include allegations involving:
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New arrests
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Failed drug or alcohol testing
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Missed appointments
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Failure to complete required programs
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Failure to perform community service
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Failure to pay required fees
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Other alleged violations
The circumstances surrounding the alleged violation matter.
Expunctions and Criminal Record Clearing
Some Texas criminal records may qualify for expunction or other forms of record relief.
Eligibility depends upon several factors, including the type of case and how it was resolved.
People with dismissed cases or certain other qualifying records should determine whether Texas law allows the record to be cleared or restricted.
Criminal Courts in Harris County
Criminal cases arising in Harris County may be handled by Harris County criminal courts located in Houston.
The specific court depends upon factors including whether the alleged offense is a misdemeanor, felony or juvenile matter.
Understanding the local court system and Texas criminal procedure is an important part of defending a criminal case.
Communities Served Throughout Harris County
Erik Smith represents clients throughout Harris County, including:
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Houston
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Cypress
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Tomball
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Spring
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Katy
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Humble
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Kingwood
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Jersey Village
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Bellaire
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surrounding Harris County communities
What Should I Do After an Arrest in Harris County?
If you have been arrested:
Do not discuss the facts of your case with law enforcement without legal advice.
You generally have the right to remain silent and the right to consult an attorney.
You should also avoid discussing the allegations on social media or with people who could later become witnesses.
Preserving evidence and investigating the case early can be important.
Speak With a Harris County Criminal Defense Lawyer
If you have been arrested or charged with DWI or another criminal offense in Harris County, contact Erik Smith to discuss your case.
Erik represents clients accused of criminal offenses throughout Harris County and the Greater Houston area.
Contact Erik The Defender today to discuss your case.
FAQ
Do I need a lawyer for a misdemeanor in Harris County?
A misdemeanor can still carry serious consequences and create a criminal record. Consulting a criminal defense lawyer allows you to understand the charge, potential consequences and available defenses.
Can a DWI charge in Harris County be dismissed?
It is possible for some DWI cases to be dismissed, but every case is different. Issues involving the traffic stop, probable cause, testing procedures and other evidence may affect the prosecution.
Can criminal charges be dismissed before trial?
Yes, some criminal cases are dismissed before trial. Whether that is possible depends upon the facts, evidence, applicable law and decisions made during the prosecution.
What happens after a DWI arrest in Harris County?
A DWI arrest can involve both a criminal prosecution and separate driver's-license issues. Because certain deadlines may apply, obtaining legal advice quickly can be important.
Should I talk to police if I have been arrested?
You generally have the right to remain silent and request an attorney. Giving additional statements without first obtaining legal advice can create evidence that may later be used against you.
