1. John T. Floyd Law Firm
Practice Focus: Federal and state criminal defense, white-collar crimes, drug trafficking, violent felonies, and regulatory defense
Case Types Handled: Federal crimes, SEC investigations, FBI investigations, murder, drug trafficking, conspiracy, money laundering, weapons charges, assault, robbery, sexual assault, and corporate criminal defense
Legal Services: Trial defense, federal court representation, pre-indictment advocacy, grand jury defense, regulatory investigations, plea negotiations, sentencing advocacy, and appeals
Background: John T. Floyd is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by only 10% of Texas attorneys. He has published more than 500 legal articles on criminal law topics in publications including the Huffington Post, Texas Monthly, and the American Bar Association. His writings cover prosecutorial and police misconduct, federal criminal law and sentencing, and consequences of felony convictions. The firm handles complex federal investigations by the SEC, FBI, FTC, Texas Attorney General, and Texas State Securities Board. Trial attorney Christopher M. Choate has more than 20 years of experience handling specialty cases.
Location: 500 Dallas Street, Suite 2000, Houston, TX 77002
Contact: (713) 224-0101 | https://www.johntfloyd.com
Consultation: Free consultation available
2. Varghese Summersett
Practice Focus: State and federal criminal defense, DWI, drug offenses, violent crimes, juvenile defense, and appeals
Case Types Handled: DWI, drug offenses, assault, domestic violence, theft, fraud, weapons charges, sex offenses, murder, manslaughter, federal crimes, white-collar crimes, and juvenile offenses
Legal Services: Trial defense, federal court representation, grand jury defense, motion practice, plea negotiations, sentencing advocacy, appeals, and juvenile defense
Background: Benson Varghese is the founder and managing partner with more than 100 jury trials in Texas state and federal courts. The firm employs board-certified criminal law specialists as designated by the Texas Board of Legal Specialization. The attorneys practice in Harris County criminal courts, the Harris County courts, and the federal courthouse in the Southern District of Texas. The firm maintains a dedicated federal defense team for complex federal charges and a juvenile defense team for offenders under 17 years of age.
Location: 600 Travis Street, Suite 6900, Houston, TX 77002
Contact: (817) 203-2220 | https://versustexas.com
Consultation: Free case evaluation available
3. The Law Offices of Jed Silverman
Practice Focus: State and federal criminal defense, DWI, drug crimes, sex crimes, violent crimes, and federal offenses
Case Types Handled: DWI, drug possession, drug trafficking, assault, domestic violence, theft, sex offenses, federal crimes, weapons charges, murder, and white-collar crimes
Legal Services: Trial defense, federal court representation, motion practice, plea negotiations, sentencing advocacy, probation violation defense, and appeals
Background: Jed Silverman is Board Certified in Criminal Law by the Texas Board of Legal Specialization. The firm has handled thousands of cases throughout Texas and across the United States in both state and federal courts. One team member has more than 20 years of experience working for the Texas prison system, providing insight into how the correctional system operates. The firm serves as a legal source for numerous media outlets and emphasizes personalized legal representation tailored to each case.
Location: 1900 West Loop South, Suite 1250, Houston, TX 77027
Contact: (713) 597-2221 | https://www.jedsilverman.com
Consultation: Free case evaluation available
4. The Law Offices of Ned Barnett
Practice Focus: State and federal criminal defense, DWI, drug charges, violent felonies, and sex offenses
Case Types Handled: DWI, drug possession, drug trafficking, sexual assault, robbery, murder, assault, prostitution, federal crimes, and felony charges
Legal Services: Trial defense, federal court representation, motion practice, DMV hearings, plea negotiations, sentencing advocacy, and appeals
Background: Ned Barnett is Board Certified in Criminal Law by the Texas Board of Legal Specialization since 1994. He has practiced law in Houston since 1987, first as a prosecutor and then for more than 20 years as a defense attorney. His prosecutorial experience includes time as both a state and federal prosecutor, giving him insight into how cases are built from both sides. He was awarded a Best DWI Attorney distinction in 2016 and has been selected as a Super Lawyer by Thomson Reuters from 2015 to present.
Location: 1900 West Loop South, Suite 1075, Houston, TX 77027
Contact: (713) 222-6767 | https://www.nedbarnett.com
Consultation: Free consultation available
5. Neal Davis Law Firm, PLLC
Practice Focus: State and federal criminal defense, sex offenses, drug crimes, fraud, homicide, and appeals
Case Types Handled: Sex offenses, drug possession, drug trafficking, DWI, assault, murder, manslaughter, health care fraud, white-collar crimes, federal crimes, and appeals
Legal Services: Trial defense, federal court representation, motion practice, plea negotiations, sentencing advocacy, appeals, post-conviction relief, and U.S. Supreme Court advocacy
Background: Neal Davis is Board Certified in Criminal Law by the Texas Board of Legal Specialization. The firm has successfully obtained reversals on convictions in federal and state courts, including a high-profile murder case. The attorneys are among a very small percentage of lawyers who have appeared before the United States Supreme Court. Recent results include dismissal of all seven sexual assault charges against a former NASA engineer in 2025, secured days before trial after digital forensic evidence dismantled the prosecution’s claims. The firm handles cases throughout Texas and in federal courts.
Location: 917 Franklin Street, 4th Floor, Houston, TX 77002
Contact: (713) 227-4100 | https://www.nealdavislaw.com
Consultation: Available around the clock, free case review
Criminal Defense Regulations in Texas
Bar Admission Requirements: Attorneys must pass the Texas Bar Examination and the Multistate Professional Responsibility Examination (MPRE). Applicants must demonstrate good moral character through a background investigation by the Board of Law Examiners. Texas requires a J.D. from an ABA-accredited law school.
Public Defender System: Texas counties may establish public defender offices, but many counties use court-appointed counsel systems. Harris County maintains a Public Defender’s Office that handles a significant portion of indigent defense cases. Eligibility is based on income relative to federal poverty guidelines. The Texas Indigent Defense Commission provides funding and standards for indigent defense across the state.
Specialty Certifications: The Texas Board of Legal Specialization certifies attorneys in Criminal Law and Criminal Appellate Law. Board Certification requires substantial experience (at least five years), continuing education, peer review, and passing a comprehensive examination. Only about 10% of Texas attorneys hold board certification in any specialty.
Attorney Advertising Rules: Texas Disciplinary Rules of Professional Conduct 7.01 through 7.07 govern advertising. Communications must not be false, misleading, or deceptive. Solicitation restrictions apply to direct contact with prospective clients. Advertisements must include the name of at least one attorney responsible for the content.
Attorney-Client Privilege: Texas Rules of Evidence Rule 503 protects confidential communications between attorney and client for purposes of facilitating legal services. The privilege belongs to the client and survives death. Exceptions include the crime-fraud exception and proceedings between lawyer and client.
Mandatory CLE Requirements: Texas attorneys must complete 15 hours of Minimum Continuing Legal Education annually, including 3 hours of legal ethics. The Texas State Bar certifies approved courses and monitors compliance.
Speedy Trial Requirements: Texas Code of Criminal Procedure Article 32A.02 (now repealed but referenced in case law) established speedy trial rights. Defendants may file motions asserting speedy trial violations based on constitutional grounds. Unlike some states, Texas does not have a statutory speedy trial act with specific day limits. Courts apply the Barker v. Wingo balancing test considering length of delay, reason for delay, defendant’s assertion of the right, and prejudice.
Bail and Pretrial Release: Texas maintains a cash bail system with bail schedules set by each county. Judges may modify bail amounts at magistration and bond hearings. Personal bonds (release without payment) are available for eligible defendants. The Texas Constitution guarantees bail for most offenses, with exceptions for capital murder, felonies with prior felony convictions, and certain repeat violent offenses. Electronic monitoring and other conditions may be imposed.
Felony Classification System: Texas classifies felonies by degree: Capital (death or life without parole), First Degree (5 to 99 years or life, fines up to $10,000), Second Degree (2 to 20 years, fines up to $10,000), Third Degree (2 to 10 years, fines up to $10,000), and State Jail Felony (180 days to 2 years in state jail, fines up to $10,000).
Death Penalty Status: Texas retains the death penalty for capital murder under Penal Code Section 19.03. Capital murder includes murder of a peace officer, murder during certain felonies, murder for hire, multiple murders, and murder of a child under 10 years old. Texas has carried out more executions than any other state since 1976.
Expungement and Nondisclosure: Texas provides expunction under Code of Criminal Procedure Chapter 55A for arrests not resulting in conviction, acquittals, pardons based on innocence, and certain dismissed charges. Waiting periods apply: 180 days for Class C misdemeanors, 1 year for Class A/B misdemeanors, and 3 years for felonies. Orders of Nondisclosure under Government Code Chapter 411 seal records from public disclosure while remaining accessible to criminal justice agencies. Nondisclosure is available for defendants who completed deferred adjudication and certain convictions. Felony convictions are generally not eligible for expunction unless acquitted, pardoned, or the statute of limitations expired.
Habitual Offender Laws: Texas Penal Code Section 12.42 provides enhanced sentences for repeat felony offenders. A second felony conviction may be punished at the next higher degree. A third felony conviction results in punishment of 25 to 99 years or life. Prior convictions need not be recent to trigger enhancement.
Frequently Asked Questions
What happens at magistration in Harris County?
After arrest in Harris County, defendants appear before a magistrate typically within 24 hours. The magistrate informs the defendant of the charges, advises of constitutional rights including the right to counsel and the right to remain silent, and sets bail. For most offenses, bail is set according to the Harris County bail schedule, though magistrates may deviate based on the defendant’s criminal history, ties to the community, and flight risk. If the defendant cannot afford an attorney, a public defender or court-appointed counsel is assigned. Defendants may be released on cash bond, surety bond (through a bail bondsman for typically 10% of the bail amount), or personal recognizance bond if eligible. Conditions of release may include electronic monitoring, drug testing, or stay-away orders.
What is deferred adjudication in Texas and how does it work?
Deferred adjudication under Texas Code of Criminal Procedure Article 42A.101 is a form of community supervision where the judge defers a finding of guilt. If you successfully complete the probation term and all conditions, the case is dismissed without a conviction. However, the arrest and deferred adjudication remain on your record unless sealed through an Order of Nondisclosure. Conditions may include probation officer check-ins, community service, drug testing, counseling, and fines. If you violate the terms, the judge may revoke deferred adjudication and impose any sentence within the original range for the offense. Deferred adjudication is not available for DWI offenses or certain other crimes. After successful completion, many defendants may petition for nondisclosure after waiting periods ranging from immediate to 5 years depending on the offense.
What are the penalties for possession of a controlled substance in Texas?
Penalties depend on the penalty group and amount of the controlled substance. Penalty Group 1 (including cocaine, heroin, methamphetamine) less than 1 gram is a State Jail Felony (180 days to 2 years, up to $10,000 fine). Between 1 and 4 grams is a Third Degree Felony (2 to 10 years, up to $10,000 fine). Between 4 and 200 grams is a Second Degree Felony (2 to 20 years, up to $10,000 fine). Between 200 and 400 grams is a First Degree Felony (5 to 99 years or life, up to $10,000 fine). More than 400 grams carries enhanced First Degree penalties (10 to 99 years or life, up to $100,000 fine). Penalty Group 2 (including ecstasy, PCP) carries similar ranges. Marijuana is separately classified: 2 ounces to 4 ounces is a Class A Misdemeanor, while larger quantities become felonies.
How do I get my record sealed in Texas through an Order of Nondisclosure?
Orders of Nondisclosure are governed by Texas Government Code Chapter 411. Eligibility depends on the offense and how your case was resolved. For deferred adjudication on eligible misdemeanors, you may petition immediately upon discharge or after a 2-year waiting period for certain offenses. For deferred adjudication on felonies, the waiting period is 5 years. Some convictions (not just deferred adjudication) are eligible after serving the sentence. You must not have been convicted of or placed on deferred adjudication for any disqualifying offense, including offenses requiring sex offender registration, family violence, stalking, human trafficking, and certain offenses against minors. File a petition in the court where the case was resolved. The judge considers whether nondisclosure is in the best interest of justice. If granted, the record is sealed from public access but remains visible to criminal justice agencies, licensing agencies, and certain government entities. Federal agencies can still access sealed records.
What are the consequences of a DWI conviction in Texas?
A first DWI in Texas is a Class B Misdemeanor carrying 72 hours to 180 days in jail, fines up to $2,000, and license suspension of 90 days to 1 year. If blood alcohol concentration is 0.15 or higher, the offense becomes a Class A Misdemeanor with up to 1 year in jail and fines up to $4,000. A second DWI within 10 years is a Class A Misdemeanor with 30 days to 1 year in jail, fines up to $4,000, and license suspension of 180 days to 2 years. A third DWI is a Third Degree Felony with 2 to 10 years in prison and fines up to $10,000. DWI with a child passenger is a State Jail Felony. Intoxication assault causing serious bodily injury is a Third Degree Felony. Intoxication manslaughter is a Second Degree Felony. All DWI convictions require installation of an ignition interlock device and completion of DWI education programs. DWI is not eligible for deferred adjudication in Texas, though pre-trial diversion programs may be available in some counties for first offenders.