Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Brett Surbey
Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Having over 300 days a year of sunshine, El Paso is known as the “Sun City” in Texas.
It is home to many residents from all walks of life, but things might not feel so bright if you’re a resident charged with a crime.
To help you get the best assistance in the city, below is our selection of the best criminal defense lawyers in El Paso, followed by a brief guide on the criminal process.
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Show Summary
- Best Criminal Defense Attorneys in El Paso, TX
- Compare Top Criminal Attorneys
- What Is a Criminal Defense Lawyer?
- Understanding the Legal Process for Criminal Cases
- Expungement in Texas
- How to Choose the Best Criminal Lawyer in El Paso, TX
- El Paso Criminal Defense Resources
- Methodology
- Frequently Asked Questions (FAQs)
Best Criminal Defense Attorneys in El Paso, TX
Compare Top Criminal Attorneys
What Is a Criminal Defense Lawyer?
A criminal defense attorney aids you in ensuring you are represented in court, explains your rights, and provides the best defense against the prosecutor accusing you of a crime. They gather evidence, conduct interviews, find expert witnesses and file the necessary paperwork to reduce your sentence, negotiate a plea bargain where appropriate or work to have your charges dropped.
A number of criminal lawyers offer free consultations for new clients seeking help.
Public Defender vs. Private Criminal Attorney
If you do not have the financial means to hire an attorney, the court will appoint a public defender—so long as you request it. You may be required to pay attorney fees as a condition of bond or probation, so representation may not be free. Public defenders typically have a much larger caseload than private lawyers and may have less time to devote to your matter.
On the other hand, private attorneys are those hired to represent you and cost much more than public defenders. Though they may have more time to devote to your matter because they can choose how many clients they take on, their work is costly. Keep in mind that in terms of skill, both defenders and private attorneys are well-trained lawyers—just with differing career paths.
Regardless of which path you take, your right to an attorney attaches in any matter that involves potential jail time, including misdemeanors, felonies, appeals and juvenile delinquency matters.
Should You Represent Yourself In a Criminal Case?
In Texas, every person has a right to represent themselves in court without the help of a lawyer. If so, they must follow the same processes a lawyer would and meet the same strict deadlines for court appearances and filing paperwork.
Even if you feel you can handle the administrative load, the legal knowledge required for even the simplest misdemeanors can be complex—never mind major felonies. Trying to take on a major project by acting pro se—that is, representing yourself— and handling the stress of criminal charges, a family and a career can be too much for many individuals.
And, in nearly all cases, hiring a lawyer significantly improves your chances of successfully defending your case in court.
Understanding the Legal Process for Criminal Cases
While every case has nuances, they will typically follow a general process outlined below.
- Arrest: An officer arrests you, reads you your Miranda Rights and takes you to the police station. There, you will have your fingerprints taken, and other personal details will be noted.
- Bail/First Appearance: Within 48 hours of your arrest, you appear before a judge. The judge informs you of your rights, including the right to an attorney and posts a reasonable amount of bond where applicable.
- Indictment: For felonies, the indictment process occurs before the arraignment. A grand jury determines whether there is probable cause to believe you committed the crime in question—not that you are guilty of your crime. If this is the case, the case moves forward, and the judge issues a charging instrument called an indictment. This is presented at the arraignment.
- Arraignment: Following the filing of your charges, you appear in court for an arraignment, where you are read the charges against you. During this time, the prosecutor may enter into plea agreements and take requests from your attorney for access to evidence.
- Hearings: Prior to trial, several hearings may occur, such as bond hearings to determine bond amounts or requirements, plea negotiations or discovery hearings.
- Trial: At trial, the prosecutor uses evidence from the crime scene, experts, and witnesses to show you are guilty of the crime in question beyond a reasonable doubt. Your attorney can cross-examine witnesses and present evidence to counter the prosecutor’s claims, though they are not required to—the burden of proof is on the prosecution.
- Sentencing: If you are found guilty, a judge will determine your punishment—also known as a sentence—for your crime. This could include fines, jail time, community service or a combination of all three.
Resolving a Criminal Case in Texas
There are a number of ways your criminal matter can be resolved. A common resolution is the negotiation and acceptance of a plea bargain. With plea bargains, the defendant pleads guilty in exchange for a guaranteed sentence—typically one with less severe sentencing or a lesser degree conviction.
Even if you serve time in jail, you may have the option to be eligible for parole—to be released under supervision before your full sentence is complete—assuming your sentence is not for life without parole. The Texas Department of Criminal Justice Classification and Records is responsible for determining parole eligibility based on the offender’s crime committed and where the crime was committed.
Sentencing guidelines in Texas are relatively strict for felonies: First-degree and second-degree felonies can be punished with prison time and a fine of up to $10,000. Regardless of their class, misdemeanors cannot result in more than one year in jail and may also involve a fine. Though judges use the guidelines when determining penalties, they also review other relevant factors such as the offender’s criminal history, whether harm to another person was involved and if you show genuine remorse for your crime.
Expungement in Texas
Expungement in Texas, also called expunction, like in other states, is a complex process with many nuances involved. Expungement is the clearing of a criminal charge or conviction from your record and can be permitted in certain circumstances, including but not limited to:
- If you were arrested but never charged.
- If you had a criminal charge but it was dismissed.
- If you were convicted of a crime and later acquitted by the trial court or the Court of Criminal Appeals.
- If you were convicted for a crime and later pardoned by the governor of Texas or the U.S. President.
In most scenarios, expunction is only available for crimes that you never committed, as convictions rarely can be expunged. Even if you are eligible to expunge parts of your criminal record, there is a waiting period before filing a petition to expunge a charge, depending on the crime you were charged with. Class C misdemeanors can be petitioned after 180 days, Class A and B misdemeanors can be petitioned after one year and felonies require a three-year waiting period.
How to Choose the Best Criminal Lawyer in El Paso, TX
When deciding on a criminal lawyer, you have many viable options in El Paso. Here are some key factors to watch out for so you can find the attorney best suited for your matter.
- Previous cases: Making sure an attorney has handled a criminal matter similar to yours is key. Many criminal attorneys focus on specific crimes, and you want them to have ample experience with your issue.
- Client feedback: Review a candidate’s feedback from clients and other lawyers to see how they interact with peers and the people they serve. This can help you decide if you appreciate their temperament or overall client process.
- Comfortability: Dealing with a criminal charge or conviction is stressful. Make sure any lawyer you work with is someone you trust and feel comfortable establishing a relationship with. If your case is complex, you could need their assistance for a year or more.
El Paso Criminal Defense Resources
The following sites and resources can provide additional information on your criminal defense matter. However, it’s recommended that you contact an attorney for further resources and advice.
- Obtaining a Public Defender: County of El Paso Public Defender’s Office
- El Paso Police Non-Emergency Contact Number: (915)832-4400
- Case Records: El Paso County Case Records Search
- Community Reentry Resources: Texas State Law Library
- Expunction Resources: Expunction Toolkit from Texas Law Help
Methodology
To come up with the criminal defense lawyers in El Paso of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much does a criminal defense lawyer cost in El Paso?
In Texas, a criminal defense lawyer could charge anywhere from $200 to $700 per hour to represent you. A simple misdemeanor could cost thousands of dollars if they use a flat fee. It’s important to remember that the fees for a case depend on its complexity, the severity of the criminal charge(s) you face and whether the case goes to trial.
Will I go to jail for a misdemeanor?
Texas uses three classifications for misdemeanors—Class A, Class B and Class C, in order of severity—each with its own penalties. Assuming you have no prior criminal record, only committing Class B and Class A misdemeanors could land you in county jail. Class A misdemeanors include burglary of a vehicle, and Class B charges include possession of up to two ounces of marijuana, for example.
What is the statute of limitations for a criminal offense?
The timeline for the government to charge you with a crime, known as a statute of limitations, is generally two years for misdemeanors and three years for felonies. There are exemptions to this, however. Murder and manslaughter, for instance, have no limitation period.
