Austin Criminal Law Attorney

Whether you are wrestling with a speeding ticket or facing a serious felony charge that could result in a lengthy jail sentence, it is always smart to retain the services of an experienced and effective criminal defense attorney. In fact, the lawyer you choose can mean the difference between a prison sentence and reduced or dismissed charges.

At the Law Office of Thomas Swain, PLLC, in Austin, Texas, we are committed to defending the rights of the accused in everything from traffic violations to drug crimes, assault and more serious felonies. Attorney Swain has focused his practice on criminal defense and traffic tickets for more than five years.

Lawyer For Traffic Violations Serving Georgetown

Our clients benefit from the hundreds of cases we have successfully handled over the years. At the same time, we understand that every case is unique, so we take the time to assess each case on its own merits.

The most important distinction between our approach and that of many other lawyers serving Travis County is an intense focus on getting the best possible outcome for our clients. Too many attorneys race to a resolution by following a cookie-cutter approach that does not serve their clients' best interests.

Attorney Swain is a trial-tested lawyer who is always prepared to go to court if a fair agreement cannot be reached through negotiations.

 

We protect the rights of individuals who face a wide range of charges, including:

General Traffic Violations  /  Traffic Warrants  /  License Suspension  /  Occupational Driver's License  /  Commercial Driver's License Suspension  /  Handicapped Parking Violations  /  DWI  /  Assault & Family Violence  /  Drug Crimes  /  Theft & Burglary  /  Jail Release

 

We also provide fast, around-the-clock service for jail bonding. Call 512-912-9122 or use our contact form to schedule a free consultation with our experienced Austin criminal law lawyer. We can review the facts of your case, answer your questions and recommend the best steps to take.

 

 

 


General Traffic Violations

Protecting your wallet and your driving privileges from the damages caused by speeding tickets or other traffic citations can be a confusing task. Many people are unaware of their options to combat these citations and simply pay the fine and accept the convictions. Not addressing these matters can lead to long term issues, including eventual license suspension or revocation. Hiring a lawyer to help you address traffic citations as soon as you are ticketed can be a key strategy to reduce the damage caused by a conviction, saving you money and the hassle of a license suspension.

At the Law Office of Thomas Swain, PLLC, our attorneys leverage a detailed knowledge of Texas traffic laws and Austin area traffic courts to assist clients facing various citations. We work diligently to help you avoid convictions by proving your innocence, or limit the damage by working with the traffic courts to find a satisfactory reduced charge. Our firm understands the importance placed on your ability to drive yourself to work, school or even to the grocery store. With that in mind, we'll fight to help you protect your license even if it means going to court.

Contact our office online or call 512-912-9122 to schedule a free consultation to learn how we can help defend against your speeding ticket or other traffic violations.

Informative Advice on Limiting the Damage Caused by Citations

Our firm understands the importance of limiting the harm done by traffic tickets, and offers careful examination of the events leading to your citation in an effort to discover inconsistencies in police reports or malfunctions in equipment used to gather evidence against you. Should any weaknesses be found, we will use them to apply pressure on the prosecution in an effort to reduce or eliminate the charges against you.

This approach allows us to address citations for various traffic violations, including:

  • Expired registration
  • Failure to follow posted sign
  • Unsafe movement to left or right
  • Failure to maintain proper following distance
  • Unsafe lane change
  • Failure to display driver's license
  • Motorcycle offenses
  • Helmet violations
  • Speeding tickets
  • Running red lights
  • Failure to control speed
  • Failure to yield
  • No insurance - failure to maintain financial responsibility
  • Suspended license - Driving on suspended license
  • Crossing a solid white line
  • Expired inspection

Penalties for such Class C misdemeanors can include:

  • Fines
  • Points on your license
  • Surcharges for specific offenses
  • Suspension of license
  • Increased insurance rates

Contact our office to discuss your specific citations today.

 

 

 


Austin Traffic Warrants Lawyer

The State of Texas can suspend your driver's license if you accumulate too many tickets or you fail to address even a single outstanding ticket. If you fail to pay a traffic ticket and miss a court date, a failure to appear (FTA) warrant may be issued for your arrest. Now, you may be wondering what options you have.

Not paying the fine and hoping to avoid being arrested is your worst option. More than likely, you will end up paying the fine plus additional fees, and you could be denied renewal of your driver's license.

Of course, you could plead guilty or "no contest" and pay the fine, but that would be recorded on your driving record, which could result in higher insurance rates.

Your best option may be to plead not guilty and post a bond in court to lift the warrant. You will no longer be subject to arrest, and you will have the opportunity to fight your traffic ticket.

Attorney For No Car Insurance In Georgetown

The Law Office of Thomas Swain, PLLC, in Austin, Texas, provides experienced, knowledgeable legal counsel to help individuals minimize the penalties for unpaid traffic tickets that have resulted in arrest warrants. In many instances, our lawyer fee is less than the fine alone, and significantly less than the cost of fines plus increased insurance rates.

Any traffic ticket can result in an arrest warrant if you fail to comply with the timelines explained on the ticket. Ignoring an arrest warrant can result in an untimely or possibly embarrassing arrest at home, at work or if you are stopped again.

We often are able to keep a client's traffic record clean, many times without going to court. If you have questions regarding a warrant that has been issued for your arrest, call our Austin traffic warrants attorney at 512-912-9122 or email us to schedule a free consultation.

 

 

 


Austin Suspended License Attorney

Driving is a right that many of us take for granted until that privilege is threatened or taken away. In Texas, your driver's license can be suspended for a number of reasons, including:

  • Failure to appear in court on a traffic citation
  • Conviction of a drug or alcohol-related offense
  • Being deemed a habitual violator (four moving violations within a 12-month period or seven moving violations within a 24-month period)
  • Unpaid surcharges or child support

The Law Office of Thomas Swain, PLLC, in Austin, Texas, provides dedicated representation for Texas residents who face revocation of their driver's license, no matter the reason. We will appear with you at administrative hearings, and we can represent you in appealing any adverse rulings from an administrative hearing.

If you drive for a living, losing your commercial driver's license (CDL) could result in you losing your job. There is no need to put your livelihood at risk.

Don't risk your future. Driving with a suspended license is an offense that can lead to your license being suspended for an even longer period of time. A person who is convicted twice of driving with a suspended license faces jail time.

Driver's License Suspension In Georgetown

Some motorists are not aware they are driving with a suspended license. If you are stopped by police for drunk driving and you refuse to submit to a breath test or blood test, or if your breath sample resulted in an alcohol concentration of .08 percent or higher, and a hearing is not requested to fight a Texas DWI suspension, your license will be suspended.

If your license has been suspended due to drunk driving charges or the accumulation of too many traffic tickets, you have 15 days from being notified of the suspension to contest it by means of an Administrative License Revocation (ALR) hearing. It is a good idea to retain knowledgeable legal counsel at this hearing in order to increase your chance of getting the suspension reversed and having your driving privileges reinstated.

If you do end up with a suspended driver's license, we may be able to help you obtain an occupational driver's license (ODL), which will allow you to drive to and from work and school or to take care of necessary living duties such as grocery shopping or taking your children to school or after-school activities.

Meet With Our Experienced Suspended License Attorney

If you have questions for an Austin suspended license lawyer, call 512-912-9122 or use our contact form to schedule a free consultation. I can assess the facts of your case and recommend the best steps to take.

 

 

 


Austin Occupational Driver’s License Attorney

If your Texas driver's license is suspended, expired, canceled or revoked, you can apply for an occupational driver's license (ODL), which allows you to drive legally for the purposes of an "essential need." That includes driving to work, school or to obtain groceries.

To obtain an ODL, you must get an order signed by a judge granting you the right to drive. This includes a filing fee and various other expenses that the Texas Department of Public Safety (DPS) requires, including insurance and reinstatement and issuance fees.

In some cases, including some DWI arrests, an individual must wait a certain period of time before obtaining an ODL. Periods of ineligibility range from 90 days to a year, depending on your circumstances.

The legal team at the Law Office of Thomas Swain, PLLC, in Austin, Texas, can answer your questions and explain your rights regarding obtaining an ODL. In some cases, we have discovered after reviewing a client's situation that an ODL is unnecessary because our client can have a standard driver's license reissued by paying fines or through some other means.

Georgetown Lawyer For Restricted License

License suspensions are handed down by either the DPS or by a court. DPS suspensions can occur for a number of reasons, including:

  • Failure to appear in court on a traffic citation
  • Conviction of a drug or alcohol-related offense
  • Being deemed a habitual violator (four moving violations within a 12-month period or seven moving violations within a 24-month period)
  • Unpaid surcharges or child support
  • Driving after your license is expired
  • Unresolved matters from another state

It is important to understand all of the restrictions attached to a Texas ODL. Generally, an ODL is only issued for a four-hour period, and may have other restrictions attached to it depending upon the nature of the offense. To drive more than four hours, the court needs to see good cause as to why the ODL should allow you to drive up to 12 hours each day, with a limit of 60 hours of driving per week.

Have An Experienced Austin Traffic Violations Attorney Assess Your Case

There are numerous options when dealing with license suspension and obtaining an ODL. It is smart to seek the counsel of an experienced Austin occupational driver's license lawyer who can explain your options and help determine what is in your best interests.

Often, our attorney fees are a fraction of what you would spend in fines, fees and increased insurance rates that we may be able to eliminate completely. Call 512-912-9122 or email us to schedule a free consultation.

 

 

 


Austin Commercial Driver's License Lawyer

If you drive a vehicle for a living, getting ticketed for a moving violation can mean the loss of your commercial driver's license (CDL) and the end of your job, even if you are ticketed while driving your own vehicle.

If your CDL is in jeopardy, it's vital to retain the services of an experienced and knowledgeable Austin commercial driver's license attorney. At the Law Office of Thomas Swain, PLLC, in Austin, Texas, we help truckers and other CDL holders fight traffic violations they received while driving in Travis County and Williamson County, including Georgetown, Round Rock and Cedar Park.

If you don't have a CDL, but you need to keep your standard driver's license in order to stay employed, we help individuals obtain an occupational driver's license (ODL) for limited purposes. Don't wait until it's too late — call our office to schedule a free consultation.

CDL Lawyer For Georgetown

The threat of a suspended license must be acted upon quickly. There is a small window of opportunity to enlist the services of an experienced Austin lawyer who can help you hold onto your commercial license.

We have defended drivers in courts throughout Greater Austin for nearly six years, and have established a strong familiarity and presence within the local court system. Whether you have been arrested for DWI, speeding or even a nonmoving violation, we are highly adept at keeping CDL holders' records clean.

Of course, many CDL holders who are stopped in Texas are from other states. If you live in a different state and you were ticketed while driving through central Texas, I may be able to attend your hearing on your behalf and negotiate a settlement without requiring you to return to the state.

Paying a traffic ticket can end up needlessly costing CDL holders thousands of dollars. Make the call to our Austin commercial driver's license lawyer to learn about alternative solutions. Call 512-912-9122 or use the contact form on this website to schedule a free phone or office consultation.

 

 

 


Austin Handicapped Parking Violation Lawyer

If you believe you have been wrongly ticketed for parking in a space that is restricted for disabled drivers, it pays to hire a lawyer who will help you stand up for your rights. People who park in accessible parking spaces or misuse disabled parking placards or license plates are subject to fines of up to $2,500 and/or up to 50 hours of community service.

At the Law Office of Thomas Swain, PLLC, in Austin, Texas, we represent individuals who have been wrongly cited for these offenses and other traffic violations.

It is not uncommon for Austin parking enforcement workers to improperly cite people for restricted parking violations. We understand the nuances in this area of law and how to defend you against a parking citation.

Attorney For Disabled Parking Tickets For Georgetown

Texas law provides that a vehicle may be parked for an unlimited period in a parking space that is designated specifically for persons with disabilities if the vehicle is being operated by or for the transportation of a person with a disability, and if the vehicle displays the appropriate plate or placard.

The Texas Department of Motor Vehicles (DMV) defines "disability" as a condition in which a person has a mobility problem that substantially impairs their ability to ambulate; visual acuity of more than 20/200 or less in the better eye with correcting lenses; or visual acuity of more than 20/200 but with a limited field of vision in which the widest diameter of the visual field subtends an angle 20 degrees or less.

It is a violation of Texas law to:

  • Park a vehicle in an accessible parking space without displaying the appropriate plate or placard, even if a driver or a passenger of the vehicle has a disability
  • Park a vehicle in an accessible space when neither the driver or any passenger has a disability, even if the vehicle displays the appropriate plate or placard
  • Park a vehicle with a placard or plate that is expired
  • Park a vehicle with a placard or plate that belongs to someone who is not a driver or a passenger in the vehicle
  • Lend a parking placard to an individual without a disability who uses that placard to violate state law
  • Steal or counterfeit a parking placard or license plate
  • Park a car in such a way that it blocks access to an accessible parking space, an access aisle or any architectural improvement that provides access for people with disabilities, such as a ramp or a curb cut

We Can Assess Your Case And Recommend What Steps To Take

Our Austin handicapped parking violation attorney is happy to review the facts behind your case and tell you if it makes sense to fight the citation. Call 512-912-9122 or contact us via email with the details.

 

 

 


Austin DWI Attorney

Driving while intoxicated (DWI) is among the most aggressively prosecuted crimes in Texas, particularly for repeat offenders. Even a first-time offender can face possible jail time and license suspension.

Drunk driving is a serious charge that requires equally serious and aggressive legal representation. At the Law Office of Thomas Swain, PLLC, in Austin, Texas, our experienced legal team has a thorough knowledge of Texas DWI laws, as well as the circumstances involved in many DWI arrests that infringe on drivers' rights.

In Texas, individuals under 21 cannot drink and drive at all. Anyone under 21 who is found to be operating a motor vehicle with a "detectable amount" of alcohol in his or her system may be charged with driving under the influence of alcohol (DUI). This is a different charge than driving while intoxicated (DWI), and is punishable by a maximum fine of $500 and loss of license. We provide aggressive defense in DUI cases.

Lawyer For Drunk Driving Serving Georgetown

We will review every aspect of your DWI case, from the police stop to the manner in which a standardized field sobriety test was administered. A challenge on the admissibility of the breath-testing reading device has resulted in reduced charges in some past cases and the complete dismissal of charges in others.

There are multiple types of DWI offenses that a person may face, including:

  • First DWI
  • Second DWI
  • Third or multiple DWI offenses
  • DWI with a child passenger
  • Intoxication assault
  • Intoxication manslaughter
  • Boating while intoxicated

While other DWI defense attorneys are quick to accept a reduced charge and move on to their next case, I am determined to take your case to trial if it is in your best interest. I will keep you informed at every step of the legal process and encourage you to play a role in the decisions that are made.

If you have questions about your arrest, you can have them answered by an Austin DWI lawyer during a free consultation. We will give you an honest assessment of the likelihood that we can get the charges reduced or dismissed. Call 512-912-9122 or email us to schedule an appointment.

 

 

 


Austin Assault And Family Violence Lawyer

Assault charges stem from a variety of altercations, including domestic disputes, fights in bars, road rage incidents and altercations with police.

Assault is one of the most common charges encountered in Travis County, but that does not mean you can take an assault charge lightly. If you have been charged with assault of any kind, you face a possible jail sentence and a permanent criminal record that can have long-term consequences on your career and your family life.

If you are charged with assault, you may face both criminal and civil charges. In addition to being fined, convicted or jailed, you may have to pay compensatory damages to the victim as well. If you have been arrested on assault charges, your first call should be to an experienced lawyer.

At the Austin, Texas, Law Office of Thomas Swain, PLLC, we offer experienced criminal defense against assault charges and other violent crimes. We begin each case by reviewing every detail of police reports, statements and any evidence that exists. We will interview witnesses to determine whether various accounts of what occurred corroborate.

Domestic Violence Attorney Serving Georgetown

We understand the nuances that differentiate a true act of domestic violence from a heated argument between domestic partners that may have gotten out of hand. We know how to bring these facts to life in your defense so that false accusations do not result in a trip to jail and a criminal conviction.

Our goal is to get the charges reduced or dismissed. For some clients, the best solution is to enroll in a diversionary program, which allows the accused to agree to reduced charges and avoid jail time by successfully completing an anger management or alcohol and drug addiction program.

We take the time to explain all of your options and the long-term repercussions so you can be involved in the decision-making process. Our Austin assault and family violence attorney is always prepared to take your case to trial if that is in your best interest.

We can answer your questions regarding assault charges or any other charges you face during a free consultation. Call 512-912-9122 or email us to schedule an appointment.

 

 

 


Austin Drug Charges Attorney

Law enforcement authorities throughout Texas aggressively prosecute all drug crimes, from possession of small amounts of drugs to manufacturing and distributing drugs. If you have been arrested and charged with a drug offense, you need an aggressive and experienced criminal defense attorney.

Conviction of even a misdemeanor drug charge can impact a person's employment, education opportunities or your ability to coach a youth sports team or be involved in other volunteer activities.

At the Law Office of Thomas Swain, PLLC, we defend individuals against the full scope of drug-related charges in municipal and state courts throughout central Texas, including:

  • Misdemeanor marijuana possession
  • Possession of cocaine
  • Possession of drugs or drug paraphernalia
  • Illegal possession or sale of prescription drugs
  • Delivery (sale) of a controlled substance

Lawyer For Drug Crimes Serving Georgetown

We review every aspect of your arrest to see if your constitutional rights have been violated. If evidence against you was illegally obtained, we will work to have it excluded from your case at trial.

In many cases, we negotiate with prosecutors to reach agreement on reduced charges, which may involve diversionary programs such as drug rehabilitation. It is important to hire a lawyer who is familiar with these programs, the options they provide and who is eligible for them.

If a plea agreement is not in your best interest, our Austin drug charges lawyer is trial-tested and always prepared to go to court.

We can answer your questions and provide a straightforward assessment of your case during a free consultation. Call 512-912-9122 or use the contact form on this website to schedule an appointment.

 

 

 


Austin Theft Lawyer

If you or someone in your family has been charged with any type of theft-related crime, the consequences can be serious. It is important to retain the services of an experienced criminal defense attorney.

Too often, individuals who face charges of shoplifting, theft or burglary underestimate the impact that a conviction can have on their future, including current job status. A theft conviction could result in a jail sentence.

Many people who are accused of theft-related crimes are struggling with other issues such as depression, recent unemployment, or drug or alcohol abuse. Frequently, we negotiate with prosecutors to have charges reduced in exchange for enrolling the accused in a drug rehabilitation or other diversionary program.

At the Law Office of Thomas Swain, PLLC, we have the experience, dedication and knowledge to effectively defend your rights. We will examine the facts of your case, review police records and witness statements, and present the most compelling defense on your behalf.

Attorney For Burglary Serving Georgetown

The severity of a theft or burglary charge depends on the value of the property stolen, how the theft was committed, and whether the individual used a weapon during the theft, as well as the accused's criminal record.

We defend individuals against a wide range of theft and fraud charges, including:

  • Burglary
  • Robbery
  • Shoplifting
  • Check fraud
  • Credit card fraud
  • Forgery
  • Receiving stolen property
  • Identity theft

You need a criminal defense lawyer who knows how to obtain the best results — one who has successfully negotiated with prosecutors throughout central Texas, knows the judges and who has a proven track record of winning the most difficult cases.

We can answer your questions regarding a theft-related charge or any criminal defense matter during a free consultation. Call 512-912-9122 or email us to schedule an appointment.

 

 

 


Jail Releases And Bonding Attorney In Austin

One of the most important tenets of the U.S. justice system is that a person accused of a crime is innocent until proven guilty in court. As a result, most individuals who are arrested have the opportunity to secure their freedom between the time of the arrest and the beginning of the trial by posting bail.

If you or someone you know has been arrested and is being held in the Travis County Jail or the Travis County Correctional Complex in Del Valle, your first call should be to an experienced jail release and bonding lawyer in Austin.

The Law Office of Thomas Swain, PLLC, in Austin, Texas, offers around-the-clock jail release services to people in Travis County and the surrounding areas.

We are available 24/7! Call on us 24 hours a day, seven days a week at 512-912-9122 for experienced legal assistance getting you or a loved one released from jail on bond.

A bail bonding attorney offers significant advantages over a traditional bail bondsman, not the least of which is the need to come up with substantially less cash to post bond, as well as significant cost savings overall in most cases. We also can expedite the process in order to get you or your loved one out of jail quickly.

Attorney Swain will credit a portion of the jail release fee toward your legal defense if you retain him to represent you. By gathering information early in the process regarding the arrest, he gets an important head start on shaping a legal strategy that will produce the best possible outcome.

We have years of experience obtaining quick releases for his clients from Travis County Jail for the lowest possible bond. Cases involving someone with previous arrests or a history of violence will likely face a higher bond than someone who has no arrest record. Attorney Swain has advocated on behalf of clients to obtain a personal bond when it was initially denied.

When you need to get yourself or someone else out of jail, call 512-912-9122 anytime, any day of the week. We are also available by email if you wish to schedule a free consultation to discuss your case.