“I am not afraid to think outside the box when it comes to the best possible representation for my clients. This kind of creativity can make all the difference in the outcome of your case.”meet david a. breston
Being arrested and potentially charged for a crime can be a terrifying experience for anybody in Harris County or the Houston area. A criminal felony charge can leave an indisputable impact on someone, changing their career and life almost overnight. This can be all the more frustrating if you are charged for a crime that you may not be guilty of in the first place.
If you or a loved one has been arrested for a criminal charge in Houston, please contact our Houston criminal defense lawyers at the Law Office of David A. Breston immediately to discuss your case. The Law Office of David A. Breston, Criminal Defense Attorney is committed to helping those who have been arrested defend their legal rights in the state of Texas.
Our legal team provides exceptional representation to those requiring an experienced, knowledgeable criminal defense in Houston and we will work to get you the best possible outcome.
The Law Office of David A. Breston, Criminal Defense Attorney is committed to representing individuals who have been arrested for all types of felony crimes in Harris County. This includes:
It is important to note that different criminal charges may require different approaches to defense; we make sure that you receive the unique representation necessary to help you with your specific case.
It cannot be understated: being arrested and charged for a felony crime can change your life. A felony charge in Houston or Harrs County can have a number of negative effects on your life. It can:
Being arrested has the potential to impact your career, your finances, and your livelihood. Our Houston defense lawyers are here to ensure you are not thoroughly punished for something you were not necessarily guilty for.
If you have been arrested and you are absolutely sure that you are innocent of all charges, it may be prudent to think that you likely do not require legal representation. However, even for those who are sure they are innocent, it is crucial to seek a criminal defense attorney as soon as possible.
Even if you know that you are innocent, key pieces of evidence may indicate that you were involved with a crime. An attorney can help defend you against these claims, ensuring that any evidence found on the scene is not associated with you.
In other cases, you may be tempted to simply use the court-appointed attorney or public defender to represent yourself. Although this can seem convenient, it is important to note that public defenders often do not have the extensive knowledge or experience to understand the circumstances of your case.
Additionally, public defenders often have such a large caseload that they are often unable to give your case the attention it deserves – instead opting to resolve all cases in the most efficient way possible. When you retain a criminal defense attorney, they are committed to your own interests, fighting on your behalf to reduce, dismiss, or drop any charges you may have.
A dedicated criminal defense attorney in Houston can provide the personalized attention necessary to help you fight for your freedom and your legal rights during a particularly stressful time.
It is important to note that, contrary to popular belief, in the state of Texas nobody has the power to “press charges” against you if you are arrested. In criminal cases, any potential charges are determined by the state of Texas – not by the victim or accuser. When you are arrested, your case goes to the District Attorney’s office for review. It is at this point that charged may be filed against you.
This is crucial to understand in instances where people mistakenly think they an arrest is meaningless as long as charges are not filed against them. For example, in cases of domestic violence, spouses and other accusers often send the police to arrest their partner on domestic violence charges as a scare tactic of sorts.
Their mentality is that, as long as they don’t press charges, they can be released – therefore understanding the gravity of the situation without getting criminal charges involved. However, many alleged offenders who are often arrested to “teach them a lesson” find themselves at the mercy of the Texas district attorney – not their accuser.
In these instances, our attorneys can help fight for your legal rights. We can assist in building a comprehensive case that attempts to persuade the State from filing charges against you – especially in cases where the intent of the arrest was not necessarily in good faith.
In every arrest in the state of Texas, we highly recommend following these tips – before, during, and after your arrest.
If you or a loved one has been arrested or charged with a crime in Harris County, please contact us as soon as possible for immediate assistance and support. Our defense attorneys are committed to giving those in their most difficult times the help necessary to fight for your legal rights. David Breston has over 20 years of trial experience and top ratings on Google, Yelp, and Facebook. Our Houston defense lawyers will provide you with compassion, dedication, and personal legal advice and expertise when you need it most.
David Breston is dedicated to representing clients charged with criminal offenses—including driving while intoxicated (DWI) charges, marijuana crimes, and traffic offenses—throughout the greater Houston area, serving areas such as The Woodlands, Baytown, Pasadena, Cypress, Sugar Land, Pearland, Galveston, and League City.
Schedule a free consultation with us today and see how we can help. We have the experience and knowledge of the Texas legal system to give you exceptional representation during an exceptionally hard period of your life.
Being accused of a crime can change your life forever. If you are under criminal investigation or charged with a serious offense, you need an experienced Houston criminal defense lawyer who will fight for your rights. We are here to make sure you get the best possible representation.
We are recognized throughout Texas and in federal courts for excellence in all aspects of criminal defense. We have a long history of success in complex state criminal law. State crimes often include minor drug crimes, shoplifting, and DUI/DWI.
Although federal criminal investigations and prosecutions make big headlines, most criminal cases fall under state law and are tried in the courts of the state where the offense is committed. While there is considerable commonality from state to state, significant differences exist:
The basic difference between federal and state criminal offenses is that a federal offense violates federal law and a state offense violates state law. In some cases, however, federal and state laws cover the same area of criminal law. Federal and state laws can coexist because they are in agreement, but if a state law contradicts federal law, the federal law generally trumps the state law in the interest of the national welfare.
In other areas of criminal law, the federal government has exclusive power to regulate, enforce, and prosecute alleged crimes. These matters often involve interstate commerce, national security, and federal programs. This is why most alleged white-collar crimes, such as credit card fraud, tax evasion, and welfare fraud, are prosecuted in federal courts.
State criminal laws generally cover any area of criminal law not exclusively reserved by the federal government. This means that most crimes in Texas against a person or property are state crimes, including homicide, sex crimes, robbery, burglary, and domestic violence.
But if a crime crosses state lines, it may still fall under federal jurisdiction. For instance, most drug offenses are handled in state courts, but drug trafficking is a federal crime; likewise, many sex crimes become federal crimes if the alleged victim is taken to another state.
In some cases, a crime walks the line between a federal and state offense. For example, graffiti is a state or local offense. However, if a person allegedly tags a federal building or vehicle, such as a courthouse, post office, or mail truck, the offense could be charged as a federal crime. Our Houston criminal defense attorneys will do everything they can to keep close cases in state courts, thus avoiding the possibility of a federal prison sentence.
Experienced and aggressive criminal
defense attorney since 1997
Misdemeanors in Houston
Misdemeanors are often handled within the state and are not a federal crime. A crime is considered a misdemeanor if the maximum possible sentence is a year in the county jail or less. Misdemeanor crimes in Texas are less serious than felonies, but misdemeanor offenses can still be serious matters. Still, all misdemeanor charges can show up on a background check. And, when someone is confronted by misdemeanor crimes, the end results are quite often negative.
Our experienced Houston defense attorneys will help you get through any situation, however, advising you about your rights and which misdemeanors can or cannot be elevated to a felony, so you know where you stand, according to misdemeanor laws. In some cases, you can have your misdemeanor expunged from your record.
In most states, it’s illegal to drive a car while “impaired” by the effects of alcohol or drugs (including prescription drugs). The legal drinking limit in Texas is 0.08, any driver over the legal limit faces severe penalties.
This means that there must be enough alcohol or drugs in the driver’s body to prevent him from thinking clearly or driving safely. Many people reach this level well before they’d be considered “drunk” or “stoned.” If you were arrested for driving under the influence of alcohol in Texas, call the Law Offices of David A. Breston today for a free consultation (713) 224-4040.
Police typically use three methods of determining whether a driver has had too much to be driving:
No, but it may be in your best interest to take the test. Many states will automatically suspend your license for a year if you refuse to take a chemical test. And if your drunk driving case goes to trial, the prosecutor can tell the jury that you wouldn’t take the test, which may lead the jury members to conclude that you refused because you were, in fact, drunk or stoned.
Who is Attorney David Breston?
At the Law Office of David A. Breston, Criminal Defense Attorney, we strive to craft creative strategies to help our clients in their criminal defense cases in Houston. Our law firm has some of the best lawyers in Harris County, and our job is to protect your rights, guide you through the criminal justice system, and level the playing field between you and the prosecution.
Our criminal defense attorneys are knowledgeable of the Texas justice system and have a solid reputation in our field. We have the resources and the expert network necessary to help you build a stronger defense than with a court-appointed attorney. Our criminal defense law firm strives to provide open and honest communication to you from the beginning of your case to the end, helping you manage the stress of a criminal trial.
If you need a defense attorney in Houston to represent your criminal case after serious charges, choose the Law Office of David A. Breston, Criminal Defense Attorney. Contact us today to schedule your free consultation at our downtown Houston office and to learn more about your legal options. Our law firm is bilingual in both English and Spanish.
During the COVID-19 crisis, Law Office of David A. Breston is fully operational and we can help you by phone, video or in-person when needed! Call us at (713) 224-4040.