Law Office of
Rhett Braniff

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Dedicated, Experienced criminal defense throughout the State of Texas

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

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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. Each County has different rules and procedures, so this will change from County to 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?

Very unlikely, especially in Travis County. It can happen, but often does not. The likelihood of jail time depends on several factors: what County the case is in, prior criminal history, blood alcohol level, and many others. Call us and we will be happy to discuss the case with you.

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?

Like all charges, a DWI charge can potentially be dismissed. This may be because of legal deficiencies in the case, issues with the evidence, or violations of your rights during the arrest. Dismissal can also happen as a result of plea negotiations, and the Client's ability and willingness to do classes or other conditions upfront.

Is a DWI worse than a DUI in Texas?

For the most part, there is no difference. There is an offense of DUI by a minor that is a separate lower level offense but it is rarely used. For the most part, DWI and DUI in Texas are the same thing.

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?​

We offer flat-rate fees, or hourly rates. Hourly rates range from $100 - $400 per hour. This is usually the cheaper option, but does require a higher initial payment into trust than the typical down payment for a flat rate-fee case. Flat-rate fees are often more expensive, but allow for certainty in the fee amount. Most lawyer charge flat-rate fees, and we are a little unique in that we offer an hourly option for every case.

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. Once the case is over, this bail money is returned to the client. A surety bond involves a bail bondsman posting the bail amount on behalf of the defendant, usually for a non-refundable fee, with the understanding that the defendant will appear in court.

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

This varies from County to County, but for the most part, no, first-time offenders of any non-violent or misdemeanor charge do not go to jail. Drug cases, in particular, are often eligible for diversion programs which typically avoid jail time and any sort of conviction.

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. Most drug convictions in Texas also trigger a driver's license suspension.

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 policies of the prosecutor. Generally speaking, most drug cases are probated absent significant criminal history.

I was caught in a car with drugs, but they weren't mine?

This is always a tricky question. Possession is defined in Texas law as "care, custody or control" not ownership. What this means for those charged with drug possession is that the determination as to who owned the drugs is largely irrelevant. What matter is who had control of the contraband. In other words, if you knew the drugs herein the car, but didn't do anything to remove yourself or the drugs from the car, then you can be charged with possession.

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.

Fees depend on the type of case, and the type of fee we agree on. For example, some cases can be resolve with as little as a few hours of work. At our typical rate of $300 per hour, that means a case could be resolve for under $1,000. Serious felony cases can require 100 hour or more. For those, a flat rate fee may be a better option. In general, misdemeanor cases are $2500 – $10,000, while felonys are $5,000 and up. Most First Degree felony cases are $20,000 or more. Talk to us, we will work out a fee structure and plan that can probably work for you.

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.

Yes, trial experience is very important fro several reasons. First, it is well known, that prosecutors will treat defense attorneys that don’t go to trial at all (or rarely) differently. A plea bargain should represent an offer that is somewhat better than a result at trial. If the prosecutor knows you will not go to trial, why make you a better offer. Second, since plea bargains are based off of a theoretical result at trial, lawyers that don’t go to trial can’t really advise you as to whether a plea offer is any good or not. Finally, in every single one of my trials, I have learned something new. Trials keep you up to date on issues, and make you a better all around attorney.

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Austin Texas Criminal Defense Attorneys

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