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.
  • How long do I have to request an ALR hearing after a DWI arrest in Texas, and what happens if I miss the deadline?

    You have just 15 days from your arrest date to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety. Missing that deadline triggers an automatic license suspension — typically 90 days for a first offense — with no hearing and no opportunity to challenge it. Contacting a criminal defense attorney immediately after a DWI arrest is the single most time-sensitive step you can take.
  • Who is the best criminal defense lawyer in San Marcos for a DWI charge?

    The best DWI defense attorney for your situation is one who knows Texas DWI law in depth, acts quickly on deadlines like the 15-day ALR filing window, and has specific experience handling DWI cases in Hays County courts. Local knowledge of San Marcos prosecutors and judges can meaningfully affect how your case is built and negotiated from the start.
  • Why is a DWI case in San Marcos so time-sensitive compared to other criminal charges?

    A DWI arrest in Texas starts a 15-day clock to request an ALR hearing — a deadline that does not apply to most other criminal charges. Missing it means automatic license suspension before your criminal case is even resolved, which is why DWI cases demand faster attorney involvement than almost any other charge.
  • What court will handle my DWI case if I was arrested in Georgetown or Williamson County?

    If you are charged with a misdemeanor DWI (first or second offense), your case will be heard in the Williamson County Court at Law, prosecuted by the County Attorney's Office. Felony DWI charges — such as a third offense or DWI with a child passenger — are handled by the Williamson County District Attorney's Office in the District Courts. An experienced Georgetown defense attorney can guide you through both tracks.
  • Who handles DWI and DUI cases in Georgetown, TX?

    DWI and DUI cases in Georgetown are prosecuted by Williamson County — misdemeanor offenses go through the County Attorney's Office in the County Court at Law, while felony-level charges are pursued by the District Attorney's Office in District Court. Knowing which track your case is on matters immediately, because deadlines and procedures differ between the two.
  • Does it matter which Williamson County court my DWI case is assigned to?

    Yes — misdemeanor DWI cases and felony DWI cases follow entirely different procedural tracks, involve different prosecutors, and carry different sentencing ranges. A defense attorney familiar with Williamson County courts can identify which track applies to your charges and build a strategy suited to that specific court's process.