Law Office of
Rhett Braniff

Dedicated, Experienced criminal defense throughout the State of Texas

We have handled cases ranging from Class C tickets to Capital Murders

Have a question?

FREQUENTLY ASKED QUESTIONS​

I have a warrant for my arrest, Can you help?​

The Law Office of Rhett Braniff has helped hundreds of clients clear their warrants. Often this can be done via a "walk-through" without spending time in jail.

Will I have to go to Court?​

It depends. Often court appearances are waived in Travis County. Call our office and we can help you determine if you need to appear.

I was on deferred adjudication. Does that mean my record is clean?​

Absolutely not. If you successfully completed a deferred adjudication, you may qualify for a non-disclosure order. This is not an expunction, and does not clear your record. You can learn more about expunctions and non-disclosure here.

Can I get an expunction?​

It depends on the outcome of your case. Certain conditions must apply for expunction. To learn more, read our page on expunctions.

Do you have payment plans?​

Yes, we offer payment plans. Typically we will ask for about 25% of the fee as a down payment and the remainder to be paid over six to nine months. Call us and we will discuss your options.

How likely is jail time for a first DWI in Texas?

The likelihood of jail time for a first DWI offense in Texas can vary depending on the circumstances of the case, such as blood alcohol concentration level and if there were any aggravating factors present.

What happens in Texas if you get a DWI?

If you are arrested for a DWI in Texas, you may face consequences such as license suspension, fines, mandatory DWI education programs, and the installation of an ignition interlock device.

Can a DWI be dismissed in Texas?

A DWI charge can potentially be dismissed in Texas if there are legal deficiencies in the case, issues with the evidence, or violations of your rights during the arrest.

Is a DWI worse than a DUI in Texas?

Yes. In Texas, a DWI typically implies a higher level of impairment than a DUI. Therefore, a DWI is considered a more serious offense and can lead to more severe penalties.

How do you beat a drug possession charge in Texas?

To successfully challenge a drug possession charge in Texas, strategies may include disputing the legality of the search and seizure, questioning the chain of custody of the evidence, or proving a lack of knowledge or intent.

A detective called me. Should I talk to them?​

No, absolutely not. In my career, I have seen many clients attempt to talk to law enforcement only to make a case that would have been dismissed turn into a prison sentence. Call me first and do not under any circumstances talk to the police.

How much do you charge?​

It depends on the type of case. For DWIs, the price typically starts at $4500. Felonies typically cost $7500 and up. Each case is different, though, and we have to learn more about your particular circumstances to quote you a fee.

Can the victim drop a family violence charge?

No. Once the case has been filed, only the district or county attorney can dismiss a family violence case. Victim input is considered, but does not force a dismissal.

Why are you telling me to take classes?

Our goal is dismissal 100% of the time. Taking classes greatly increases that chance. It is always your choice, but we always encourage it.

What is a personal bond, a cash bond, and a surety bond?

A personal bond is when a defendant is released from custody based on their promise to appear in court without having to pay any money. A cash bond requires the defendant to pay the full bail amount in cash to be released. A surety bond involves a bail bondsman posting the bail amount on behalf of the defendant, usually for a fee, with the understanding that the defendant will appear in court.

Do first-time drug offenders go to jail in Texas?

For first-time drug offenders in Texas, jail time is possible, but alternatives such as probation, drug education programs, and treatment may be considered depending on the circumstances and the individual's criminal history.

What happens if you are convicted of a drug offense in Texas?

If convicted of a drug offense in Texas, potential penalties may include fines, probation, mandatory drug treatment programs, community service, and incarceration depending on the severity of the offense.

Can you get probation for a felony drug charge in Texas?

In Texas, it is possible to receive probation for a felony drug charge depending on the details of the case, the individual's criminal history, and the discretion of the court. Compliance with probation terms is crucial in such cases.

CRIMINAL DEFENSE FAQs

A criminal defense attorney brings experience and expertise to your case. The Court and Prosecutor are not your advocates, but your attorney is there to ensure that every aspect of your case is thoroughly examined and presented. They help fight for a fair trial, ensure inadmissible evidence is not considered, and make sure all mitigating factors are highlighted. At the Law Office of Rhett Braniff, we advocate for you and make the process less intimidating, answering all your questions along the way.

When hiring a criminal defense attorney, focus on experience, trust, and communication. Familiarity with local courts and personnel is also valuable. It’s essential to hire someone who not only knows the law but also can explain your situation clearly and has jury trial experience, ensuring your case is handled effectively.

Yes, all conversations with your attorney are confidential and protected by law. This privilege covers consultations, ongoing representation, and even after the case is concluded, with very limited exceptions like preventing a criminal act or defending against a client’s claim.

Criminal cases are usually handled on a flat fee basis, with separate fees for plea representation and jury trials. Misdemeanor cases typically range from $3,500 – $7,500, while felonies start at $5,000 and can go much higher depending on the nature of the offense. We offer flexible payment plans to accommodate clients.

Most criminal cases take time, often stretching from 9 months to a year. If the case proceeds to trial, it can take even longer. The first few months may feel slow, but this time is critical for gathering evidence and preparing for the case.

Yes, you can change attorneys at any point in your case, pending court approval. Your new lawyer will manage the transition and notify your current attorney. However, it’s essential to ensure a new lawyer is in place before terminating your current one.

Austin Texas Criminal Defense Attorneys