Edinburg Criminal Defense Lawyers
A Former State Prosecutor Fighting to Protect Your Rights
Being arrested, investigated, or questioned by law enforcement can be frightening. You may not know what evidence the police have, whether formal charges will be filed, or what you should say. Decisions made during the first few hours of a criminal investigation can affect the entire case.
The most important thing to remember is that an arrest is not a conviction. The prosecution must prove every element of the alleged offense beyond a reasonable doubt. You have the right to remain silent, the right to consult an attorney, and the right to challenge the government’s evidence.
Tijerina Law Firm, P.C. represents people facing criminal charges in Edinburg, Hidalgo County, and throughout the Rio Grande Valley. Led by former State Prosecutor Juan Tijerina, the firm understands how criminal cases are investigated, charged, negotiated, and prosecuted from both sides of the courtroom. Juan Tijerina has been licensed to practice law in Texas since 2006, and the State Bar of Texas lists his primary practice location as Edinburg.
Whether you are under investigation, have been arrested, or have already been formally charged, Tijerina Law Firm, P.C. can examine the circumstances surrounding your case, explain your legal options, and develop a defense strategy focused on protecting your freedom, reputation, and future.
What Should You Do After Being Arrested in Edinburg?
An encounter with police can become stressful very quickly. Officers and investigators are trained to ask questions, obtain statements, and gather information that may later be used to support criminal charges.
People sometimes believe that explaining themselves will make the investigation go away. This can be especially tempting when they believe they are innocent. Unfortunately, a statement that appears harmless at the time may later be taken out of context, contradicted by other evidence, or used to challenge the person’s credibility.
If you are arrested or detained in Edinburg, consider taking the following steps:
Remain Calm
Do not physically resist an officer, argue aggressively, threaten anyone, or attempt to flee. Even when you believe the arrest is unjustified, resisting can create additional criminal allegations and make the situation more dangerous.
You can challenge the legality of an arrest later through the court system with the assistance of a criminal defense attorney.
Exercise Your Right to Remain Silent
You generally do not have to answer investigative questions about where you were, what you were doing, who you were with, or whether you committed an alleged offense.
Depending on the situation, you may still be required to provide basic identifying information or documents, such as your driver’s license, vehicle registration, and proof of insurance during a traffic stop.
You can politely tell the officer:
“I am exercising my right to remain silent. I would like to speak with an attorney.”
After stating this, avoid continuing to discuss the incident with officers, investigators, other detainees, or anyone on a recorded jail telephone.
Ask for a Criminal Defense Attorney
Do not assume that requesting an attorney will make you appear guilty. Asking for legal representation is an exercise of a constitutional right.
Tijerina Law Firm, P.C. can communicate with investigators, advise you before any questioning, and help prevent you from unknowingly making statements that could damage your defense.
Do Not Consent to a Search
Police may ask for permission to search your vehicle, home, telephone, bag, or other property. You are not ordinarily required to voluntarily consent.
You can state:
“I do not consent to a search.”
Police may still conduct a search when they have a valid warrant or when a recognized legal exception applies, such as probable cause involving a vehicle, certain searches connected to an arrest, or an emergency. However, refusing voluntary consent may preserve your attorney’s ability to challenge the search later.
A person’s refusal to consent does not necessarily prevent a search, but voluntarily consenting can eliminate important legal arguments about whether officers had sufficient grounds to search.
Do Not Discuss the Case on Social Media
Do not post photographs, videos, explanations, jokes, apologies, or comments about the allegations. Do not ask friends or relatives to contact an alleged victim, witness, or police officer on your behalf.
Prosecutors may obtain social-media content and use it as evidence. Deleting information after learning about an investigation can also create additional complications.
What Should You Do If Police Want to Question You?
You do not have to be formally arrested for police questioning to create legal risks.
Investigators sometimes tell a person that they merely want to “clear something up” or “hear their side.” They may describe the person as a witness while privately treating that individual as a suspect.
Before agreeing to an interview, ask:
“Am I being detained, or am I free to leave?”
When you are free to leave, you can politely end the encounter. When officers tell you that you are not free to leave, do not physically resist. State that you are exercising your right to remain silent and that you want an attorney.
You should consult an Edinburg criminal defense lawyer before attending a voluntary police interview. An attorney can attempt to determine the nature of the investigation, communicate with detectives, and advise you about whether participating is in your best interests.
A Criminal Charge Is Not a Criminal Conviction
The filing of a criminal charge means that the government has accused you of committing an offense. It does not mean that the accusation has been proven.
The prosecution carries the burden of proving guilt beyond a reasonable doubt. Depending on the circumstances, a criminal defense attorney may challenge:
- The legality of the traffic stop, detention, arrest, or search
- The credibility or reliability of witnesses
- The accuracy of police reports
- The handling and preservation of physical evidence
- Statements allegedly made by the accused
- Laboratory testing and forensic evidence
- Identification procedures
- Surveillance recordings
- Digital evidence obtained from telephones or computers
- Whether the prosecution can prove every element of the alleged offense
Some cases may contain factual weaknesses, constitutional violations, or evidentiary problems that support a dismissal, suppression motion, charge reduction, negotiated resolution, or defense at trial.
No attorney can ethically guarantee a particular result. However, a careful investigation and strong defense can help ensure that the prosecution is required to prove its case with lawfully obtained, reliable evidence.
How Tijerina Law Firm, P.C. Can Help
A criminal defense case involves much more than appearing in court. Tijerina Law Firm, P.C. can review the complete situation and help you understand what to expect at every stage.
Depending on the case, the firm may:
Review the Allegations and Evidence
The defense can examine police reports, witness statements, photographs, body-camera recordings, dashboard-camera recordings, surveillance footage, laboratory results, digital evidence, and other materials provided through the discovery process.
Investigate the Arrest
An attorney can analyze whether officers had reasonable suspicion for a detention, probable cause for an arrest, or lawful grounds for a search.
When evidence was obtained in violation of constitutional protections, the defense may be able to ask the court to suppress it. The effect of suppression depends on how important that evidence is to the prosecution’s case.
Identify Possible Defenses
The appropriate defense depends on the specific allegations. Potential issues may include mistaken identity, lack of intent, self-defense, defense of another person, unreliable witnesses, insufficient evidence, unlawful search and seizure, improper interrogation, or problems with forensic testing.
Explain Plea Offers
A plea agreement can involve significant and permanent consequences. Before accepting an offer, you should understand the charge to which you would plead, the possible sentence, probation conditions, financial obligations, immigration consequences, firearm restrictions, and effect on employment or professional licensing.
Tijerina Law Firm, P.C. can explain the potential advantages and disadvantages of a proposed agreement so that you can make an informed decision.
Negotiate With Prosecutors
When appropriate, the defense may seek a reduction of charges, an alternative sentencing arrangement, deferred adjudication, treatment-related options, or another resolution that reduces the long-term effects of the case.
The availability of these options depends on the alleged offense, criminal history, evidence, prosecutorial policies, and other circumstances.
Prepare the Case for Trial
When a fair resolution cannot be reached, the accused has the right to require the prosecution to prove its case in court.
Trial preparation may include interviewing witnesses, consulting experts, challenging forensic evidence, preparing cross-examinations, presenting defense evidence, and identifying reasonable doubt in the prosecution’s case.
Criminal Cases We Handle in Edinburg, Texas
Tijerina Law Firm, P.C. represents people facing misdemeanor and felony allegations in state, county, and federal courts. Criminal defense matters may include:
DWI and Alcohol-Related Offenses
A Texas DWI case may involve allegations based on driving behavior, field sobriety exercises, breath testing, blood testing, officer observations, or a combination of evidence.
A defense attorney can review whether the traffic stop was lawful, whether testing procedures were properly followed, whether equipment was maintained, whether blood evidence was properly handled, and whether the prosecution can prove intoxication beyond a reasonable doubt.
Drivers may also face separate administrative proceedings involving their driving privileges. These deadlines can arise quickly, making early legal advice especially important.
Drug Possession and Controlled-Substance Charges
Drug cases may involve allegations of possession, possession with intent to distribute, delivery, manufacturing, or conspiracy.
Important questions can include:
- Who owned or controlled the location where drugs were found?
- Did the accused know the substance was present?
- Was the traffic stop or search lawful?
- Did another person have access to the vehicle, home, or property?
- Was the substance properly tested and documented?
- Did officers maintain an adequate chain of custody?
Merely being near an illegal substance does not automatically prove knowing possession.
Assault and Family-Violence Allegations
Assault accusations can result in jail exposure, protective orders, firearm restrictions, employment problems, and family-court consequences.
These cases may involve conflicting accounts, self-defense claims, injuries of uncertain origin, delayed reporting, or witnesses with incomplete information. A defense attorney can examine the evidence and investigate whether the allegations accurately describe what occurred.
Sex-Offense Allegations
Sex-crime accusations carry severe criminal, personal, and reputational consequences. Some convictions can result in lengthy incarceration and sex-offender registration requirements.
These cases require careful handling from the beginning. The accused should avoid contacting the complaining witness or discussing the allegations with anyone other than legal counsel.
Theft, Burglary, and Property Crimes
Property-related offenses may include shoplifting, theft, burglary, criminal trespass, vehicle burglary, robbery, fraud, or possession of stolen property.
The prosecution may need to prove identity, intent, knowledge, ownership, value, or unlawful entry. A criminal defense attorney can investigate whether the evidence establishes each required element.
White-Collar and Financial Crimes
White-collar investigations can involve fraud, embezzlement, forgery, money laundering, identity theft, insurance allegations, or misuse of business funds.
These cases may depend heavily on financial records, electronic communications, accounting information, and complex questions about intent. Early representation may be particularly important when investigators are still gathering evidence.
Juvenile Charges
When a minor is accused of an offense, the case may proceed through the Texas juvenile justice system. Although juvenile proceedings differ from adult prosecutions, the consequences can still affect education, family relationships, future opportunities, and personal freedom.
Parents should take juvenile allegations seriously and seek legal advice before allowing a child to provide a statement.
Federal Criminal Charges
Federal investigations can involve drug trafficking, immigration-related offenses, financial crimes, weapons allegations, conspiracy, or other conduct prosecuted in federal court.
Federal cases often involve extensive investigations and significant sentencing exposure. Tijerina Law Firm, P.C. represents clients in state and federal criminal matters and can help defendants understand the procedures and risks involved.
What Are the Consequences of a Criminal Conviction?
A misdemeanor or felony conviction can affect far more than the sentence imposed in court.
Depending on the offense, a person may face:
- Jail or imprisonment
- Probation or community supervision
- Fines, fees, court costs, and restitution
- Driver’s-license suspension
- Mandatory classes, counseling, or treatment
- Loss of firearm rights
- Immigration consequences
- Difficulty obtaining employment
- Professional-license discipline
- Housing problems
- Educational consequences
- Restrictions on travel
- Damage to personal and professional reputation
Deferred adjudication or probation may still appear in background searches and may carry important conditions and consequences. Before accepting any agreement, speak with a lawyer who can explain both the immediate sentence and the possible long-term effects.
Can a Criminal Record Be Cleared or Sealed in Texas?
Some people who were arrested, had their charges dismissed, completed certain diversion programs, or received deferred adjudication may qualify for an expunction or an order of nondisclosure.
Texas Expunctions
An expunction can require qualifying arrest and court records to be destroyed or removed. Eligibility is limited and depends on factors such as how the case ended, whether charges were filed, applicable waiting periods, and whether the person was convicted of another offense arising from the same arrest.
Cases that may qualify can include certain dismissed charges, arrests that did not result in charges, acquittals, pardoned offenses, and other situations authorized by Texas law.
Orders of Nondisclosure
An order of nondisclosure generally seals qualifying records from public disclosure rather than destroying them. Certain government agencies and authorized entities may continue to access sealed information.
Eligibility depends on the offense, the disposition of the case, completion of court requirements, criminal history, and any applicable waiting period. Some offenses are not eligible.
Texas law treats expunctions and nondisclosure orders differently, and neither form of relief is automatic. An attorney must review the complete criminal history and disposition documents before determining whether a person qualifies.
Tijerina Law Firm, P.C. can review your arrest record and help determine whether you may be eligible to clear or seal qualifying records.
Why Work With a Former State Prosecutor?
A former prosecutor understands how the government evaluates evidence, interviews witnesses, determines charges, negotiates cases, and prepares for trial.
That experience can help the defense anticipate the prosecution’s strategy and identify weaknesses that may not be immediately obvious.
Tijerina Law Firm, P.C. is led by former State Prosecutor Juan Tijerina, who has experience representing clients in county, state, and federal courts. The firm provides personal attention and works to help clients understand both the legal process and the decisions they may need to make.
Frequently Asked Questions About Criminal Charges in Edinburg
Should I Talk to Police If I Am Innocent?
You should generally consult an attorney before providing an investigative statement. Innocent people can misremember details, use unclear language, or make statements that investigators interpret differently than intended.
Can Police Search My Car Without a Warrant?
Sometimes. Vehicles are subject to legal exceptions that do not always apply to homes. Police may conduct a warrantless vehicle search under certain circumstances, including when they have probable cause or receive voluntary consent.
You can politely state that you do not consent. Do not physically interfere if officers proceed with the search. Tell your attorney exactly what happened so the legality of the search can be reviewed.
What Happens at the First Court Appearance?
The specific process depends on the court and charge. Initial proceedings may address the allegations, bond conditions, appointment or retention of counsel, protective orders, travel restrictions, drug testing, or future court dates.
Does Hiring a Lawyer Make Me Look Guilty?
No. Hiring an attorney means that you are taking the accusation seriously and protecting your constitutional rights.
Can Criminal Charges Be Dismissed?
Charges may be dismissed in some cases, but dismissal is never guaranteed. Possible reasons can include insufficient evidence, unavailable witnesses, credibility problems, unlawful searches, suppressed evidence, or successful completion of an approved program.
Should I Accept a Plea Deal?
Do not accept a plea agreement until a criminal defense attorney has reviewed the evidence, explained possible defenses, and discussed the direct and collateral consequences.
How Quickly Should I Contact an Attorney?
As soon as possible. Early representation may allow an attorney to preserve evidence, identify witnesses, communicate with investigators, prepare for bond proceedings, and prevent avoidable mistakes.
Speak With an Edinburg Criminal Defense Lawyer
When your freedom, livelihood, family, and reputation are at risk, you need an attorney who will take the allegations seriously and carefully examine the evidence.
Tijerina Law Firm, P.C. represents people facing criminal investigations and charges in Edinburg, Hidalgo County, and communities throughout the Rio Grande Valley. The firm can help you understand your rights, evaluate the prosecution’s evidence, explore available defenses, and determine the most appropriate path forward.
Do not plead guilty, give an investigative statement, or voluntarily consent to a search without understanding the possible consequences.
Contact Tijerina Law Firm, P.C. to arrange a confidential criminal defense consultation.
