Facing a criminal charge in Austin can be stressful, especially if this is the first time you’ve ever come into contact with the criminal justice system. From the initial arrest, bond/bail, court appearances, and potential jury trials, the criminal process can be overwhelming and confusing.
This is why it is essential to hire an experienced Austin Criminal Defense Attorney from the start of your case. An experienced Austin Criminal Defense Attorney not only knows the law, but also understands how cases are actually disposed of in Travis County courts. They can utilize legal strategies and negotiation tactics to help reduce charges or have them outright dismissed. This can include anything from preparing mitigation packets to present to prosecutors, motions practice to suppress evidence, or leveraging favorable evidence in your case obtained during the discovery process.
Mitigation in Your Case
One of the most underutilized tools in an attorney’s belt is a mitigation packet. A mitigation packet is usually obtained early in the case and is comprised of documents, pictures, and other information about the client that provides context to prosecutors about who the client is beyond the offense report or arrest affidavit.
Often, the only information a prosecutor has about a client is what they read in police reports and arrest warrants. These documents only tell one side of the story and are written in a manner that supports an officer’s probable cause for arrest. Mitigation packets help counteract this effect—providing a narrative about the client with employment records, letters of support from family and friends, school records, and any records or certifications from counseling or treatment programs. This can sometimes influence prosecutors, especially for first-time offenders, to consider alternatives to prosecution.
A well-constructed mitigation packet can persuade the state to reduce charges, offer deferred disposition/adjudication, offer diversion programs, or even outright dismiss the case. Mitigation packets provide valuable insight behind the person being charged, demonstrating how a person’s background and experiences may not warrant certain outcomes.
Motions Practice
Another powerful technique an Austin Criminal Defense Attorney can use to seek the dismissal or reduction of charges in your case is through motions practice. This can be achieved through motions to suppress or motions to quash.
A motion to suppress is a motion that your attorney can file if they believe a legal basis exists to claim that evidence was seized in violation of your constitutional or statutory rights. Some of the most common suppression issues arise from statements made without receiving the appropriate statutory and constitutional warnings, unlawful detentions or extensions of lawful detentions, and illegal searches and seizures. If officers violated your Fourth, Fifth, or Sixth Amendment rights, as well as numerous statutory rights afforded to you under Texas law, the resulting evidence may be inadmissible in court.
A motion to quash, on the other hand, challenges the legal sufficiency of the charging instrument itself. Under Texas law, the state must allege every essential element of an offense sufficient to provide a defendant with “notice” of the charges against them. When an indictment is vague, inconsistent, or fails to allege an element required under the statute, an Austin Criminal Defense Attorney can file a motion to quash to force the state to correct those defects. While a successful motion to quash may dismiss the charging instrument as written, often the state is permitted to amend or refile the charge if the statutory requirements are met. However, a motion to quash successfully preserves the record for appeal and can occasionally influence prosecutors to outright dismiss or reduce charges if the filing instrument does not match the alleged crime.
When critical evidence is suppressed or a charging instrument is challenged, a prosecutor’s case can weaken significantly. In certain circumstances, suppression of key evidence can lead a prosecutor to dismiss the charges outright or consider a reduction as part of a plea bargain.
Leveraging Evidence
During the pendency of your criminal case, your attorney will engage in what is commonly referred to as the discovery process. This is where your attorney will request any and all evidence in the state’s possession, whether inculpatory or exculpatory. Attorneys may uncover audio recordings, video footage, witness statements, or forensic reports that contradict the state’s narrative.
Sometimes, the discovery process may reveal weaknesses in the prosecutor’s case, such as unreliable witnesses, missing evidence, or vague and inaccurate police reporting. An experienced Austin Criminal Defense Attorney knows how to utilize this information and leverage it strategically. Favorable evidence can be presented to the prosecutor to illustrate how the state would be unlikely to meet its burden at trial. This can lead to dismissals, reduced charges, or offers of alternative resolutions like pre-trial diversion or deferral programs.
The discovery process can also reveal constitutional violations or procedural errors that strengthen motions to suppress or other pre-trial motions. When combined with mitigation and strong advocacy, discovery can become a key instrument in shaping your case.
Why Experience Matters
Every criminal case is different, and different cases require different strategies. This is why local experience matters. Our Austin attorneys have over 200 years of combined experience. We've handled more than 300 jury trials. We have decades of experience inside a courtroom, trying complex cases and winning. We’ve served as long-time prosecutors and judges in counties throughout Texas. We’ve been appointed to offices by Presidents, Governors, and Mayors. We know how the system works, and we know how to deliver results.
