Frequently Asked Questions

  • What's the difference between assault and aggravated assault in Texas?

    Assault involves causing bodily injury or threatening harm, while aggravated assault includes the use of a deadly weapon or causes serious bodily injury. Aggravated assault is a felony with significantly harsher penalties. At Law Office of Scot Courtney, we investigate self-defense claims and evidence gaps in both types of cases.
  • Can a DWI charge be dismissed if the traffic stop was illegal?

    Yes, if the officer lacked reasonable suspicion to stop your vehicle, evidence obtained during the stop may be suppressed. This can lead to reduced or dismissed charges. We review dashcam footage, officer reports, and stop legality to challenge unlawful DWI arrests in Central Texas courts.
  • How does an ALR hearing affect my driver's license after a DWI?

    An Administrative License Revocation hearing determines whether your license is suspended, separate from criminal court. You have only 15 days from arrest to request this hearing. At Law Office of Scot Courtney, we represent clients in ALR proceedings to protect driving privileges throughout the DWI process.
  • What should I do immediately after being arrested for a crime?

    Remain silent, request an attorney, and do not discuss your case with officers or cellmates. Early legal intervention protects your rights and shapes defense strategy before evidence is finalized. We provide immediate case analysis and bond hearing representation for clients in Hays County and surrounding areas.
  • When can I get a criminal record expunged in Texas?

    You may qualify if charges were dismissed, you were acquitted, or you completed certain pretrial programs. Convictions typically cannot be expunged but may be sealed through nondisclosure. We evaluate your case outcome and eligibility under Texas law to restore employment and housing opportunities.
  • What happens if police find drugs during an illegal search?

    Evidence obtained through unlawful search and seizure can be suppressed, meaning it cannot be used against you in court. This often results in dismissed or reduced charges. At Law Office of Scot Courtney, we file motions to exclude illegally obtained evidence in drug possession and distribution cases.
  • Can I fight a protective order in San Marcos?

    Yes, you have the right to a hearing where you can present evidence and cross-examine witnesses. Protective orders carry serious consequences including firearm restrictions and custody issues. We provide aggressive court advocacy and fact-based defense in protective order proceedings throughout Central Texas.
  • How does pretrial intervention work for first-time offenders?

    Pretrial intervention allows eligible defendants to complete conditions like counseling or community service in exchange for dismissed charges. Not all cases qualify, and prosecutors must agree. We negotiate diversion options and alternative sentencing to avoid long-term criminal records for qualifying clients in Texas courts.
  • What's the biggest mistake people make after a DWI arrest?

    Many people wait too long to request an ALR hearing or speak to police without an attorney present. Both can permanently harm your case and driving privileges. Immediate legal representation protects your rights and allows us to review field sobriety and chemical testing procedures before evidence is locked in.
  • Does Texas allow self-defense as a reason to dismiss assault charges?

    Yes, Texas law recognizes self-defense when force is reasonably necessary to protect yourself from unlawful aggression. The burden is on the state to disprove self-defense once raised. At Law Office of Scot Courtney, we investigate witness statements and evidence to build trial-ready self-defense claims.
  • Can I be convicted of a sex crime based only on accusations?

    Technically yes, but credibility and corroborating evidence are critical in these cases. False or exaggerated claims can be challenged through careful cross-examination and fact analysis. We provide immediate strategy during investigation stages and courtroom advocacy focused on credibility to protect against severe penalties and registry consequences.
  • What are the penalties for repeat DWI offenses in Texas?

    A second DWI is a Class A misdemeanor with up to one year in jail and a two-year license suspension. A third offense is a third-degree felony with 2 to 10 years in prison. We develop strategies to reduce or dismiss repeat charges and protect clients' freedom and long-term records in Central Texas courts.