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David Breston & Alma Garcia
Video: Learn about our firm in 90 seconds
The Smart Choice for Criminal Defense in Houston
  • Personal Attention
  • 24-Hour Response
  • Experienced Trial Attorney
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Houston Criminal Defense Lawyer
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Criminal Defense

Downtown Houston

“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.

Why Hire Our Houston Criminal Defense Lawyers?

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.

  • Our Houston criminal defense lawyers have decades of collective legal experience successfully fighting for our clients’ rights in the courtroom in all criminal defense matters in state or federal court.
  • Our Houston criminal attorneys have a reputation for success and satisfaction, defending more than 4,000 clients in the law firm’s lifetime – and amassing positive reviews and satisfaction from numerous social media platforms.
  • Our criminal lawyer’s main focus is on our clients’ needs, listening intently to their case and their circumstances in order to act in their best interests. Our team of defense lawyers make sure to communicate regularly with our clients – they are our first priority.

Our experienced Houston criminal defense lawyers are here to give you the attention and care you deserve during this difficult time.

Types of Cases Our Law Firm Helps Defend

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:

  • Assault cases. Because the state of Texas treats assault and battery as one offense, there is a thin line between all degrees of assault. A successful, comprehensive defense can be the difference between being charged with a misdemeanor and a third-degree felony.
  • Domestic violence. Although domestic violence is a major problem in Texas, this means that those who are wrongfully accused of domestic violence often do not get the benefit of the doubt. Our attorneys can help investigate the circumstances of your case and gather all the evidence necessary to show that you may have been wrongfully arrested for domestic violence.
  • Sex crimes. Because sex crimes are so serious, the state of Texas imposes harsh penalties to those charged with such crimes. Additionally, the social impact of being charged with a sex crime can be profound. If you have been arrested for a sex crime, we can help defend your case, fighting to get your charges dismissed or dropped so that your life is not permanently ruined.
  • DWI charges. Although you may have been arrested for driving while intoxicated, it does not necessarily mean you will receive a criminal charge. We can help develop a compelling case to prevent any lasting charges or convictions from appearing on your record.
  • Drug crimes. Texas has very strict drug possession laws. Even possession of a single illegal substance may leave you with a felony charge that can permanently impact your life. Our drug crime attorneys can assist with defending your case, presenting an argument to reduce or dismiss any drug charges you are facing.
  • Immigration law. If you or a loved one is an undocumented or illegal immigrant, we can help advocate for your freedom and citizenship in the United States. Just because you are an illegal immigrant does not necessarily make you a criminal – and you should not be punished for making an honest living and contributing to society.

It is important to note that different criminal charges may require different approaches to legal defense; we make sure that you receive the unique representation necessary to help you with your specific case.

Additional Texas Criminal Defense Resources & Information

Client Testimonials
I always felt he genuinely cared and is a credit to his profession. David right away set me at ease with the case he was handling for me, he explained in detail what was to be expected from the court the DA's office, explained all my options. I felt that he was very competent and with his confidence, he set my mind at ease. David Murphey
Thank you Mr. Breston for all your hard work! "Fast action resolving my son's case!! He kept me updated and called me on a weekend. David gave me peace of mind working with me over the phone long distance! Reasonably priced!!! Thank you Mr. Breston for all your hard work!” Debra Jeffres
Very professional and polite. "Very professional and polite. Listen to my concerns and handled my case with ease. Mr. Breston is a down to earth gentlemen and I would recommend his services to my friends without any hesitation." David Golston
Legal documents

A Wrongful Arrest in Houston Can Significantly Impact Your Life

It cannot be understated: being arrested and charged with a felony crime can change your life. A felony charge in Houston or Harris County can have several negative effects on your life. It can:

  • Prevent you from getting a job. In some occupations, a felony charge can automatically disqualify you from consideration for the position.
  • Make all financial relationships difficult. Depending on your criminal charge, many banks and other financial institutions may be reluctant to open an account or loan on your behalf. This can impact everything from opening a basic checking account to purchasing a vehicle or even purchasing a home.
  • Make it harder to find a place to live. In addition to the difficulties of securing a mortgage for a house, finding a rental property that will accept someone with a felony charge can also be difficult. Many landlords and property management companies do extensive background checks on their prospective tenants and may disqualify you for a rental simply based on your single criminal charge.
  • Significantly impact your social life. Many criminal charges can carry an incredibly negative stigma, such as sex crimes and domestic violence charges. This can seriously impact your ability to keep any friends or family close to you and make it difficult to make new friends.

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 of.

Why Do You Need a Houston Criminal Defense Attorney?

If you have been arrested and you are 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 in a crime. A criminal attorney can help defend you against these claims, ensuring that any evidence found on the scene is not associated with you.

A Public Defender Can Hurt Your Case

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.

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 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.

Understanding Criminal Charges in the State of Texas

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 charges may be filed against you.

This is crucial to understand in instances where people mistakenly think 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.

What to Do After an Arrest in Houston, TX

In every arrest in the state of Texas, we highly recommend following these tips – before, during, and after your arrest.

  • Remain calm and collected. Despite the stressful circumstances, acting out emotionally and erratically can profoundly make things worse for you – potentially escalating the situation between you and any arresting police officers.
  • Follow all orders by police and law enforcement. Listen intently to your arresting officers and be sure to follow all directions given to you by law enforcement – even if you disagree with the circumstances regarding the arrest. A failure to comply with all police orders may make your situation worse – tacking on additional criminal charges.
  • Stay silent about your situation. Everything that you say or do at this moment can be used against you in a court of law. That means any emotional outburst or testimony during this moment can be used to discount you at a later time – regardless of how unreliable it may have been, given the circumstances.
  • Contact a criminal defense attorney as soon as possible. Retaining a criminal defense attorney in Houston can help give you guidance, support, and peace of mind throughout the proceedings.

Contact Our Houston Criminal Defense Lawyers Today

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 GoogleYelp, 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 Has Been Defending Clients in Houston For Over 20 Years

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.

Additional Criminal Defense Resources:

Building a Defense in Houston, TX

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:

  • Categories of crimes
  • Sentencing guidelines
  • Mandatory minimum sentences
  • Court rules and procedures
  • Death penalty availability

Defining a State Offense in Texas

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.

Defining a Federal Crime in Texas

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.

What If The Crime Occurred Outside of Texas?

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.

Criminal Law and DWI FAQS

How drunk or high does someone have to be before he can be convicted of driving under the influence?

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.

How can the police find out whether a driver is under the influence?

Police typically use three methods of determining whether a driver has had too much to be driving:

  • Observation. A police officer will pull you over if he notices that you are driving erratically — swerving, speeding, failing to stop, or even driving too slowly. Of course, you may have a good explanation for your driving (tiredness, for example), but an officer is unlikely to buy your story if he smells alcohol on your breath or notices slurred words or unsteady movements.
  • Sobriety tests. If an officer suspects that you are under the influence, he will probably ask you to get out of the car and perform a series of balance and speech tests, such as standing on one leg, walking a straight line heel-to-toe or reciting a line of letters or numbers. The officer will look closely at your eyes, checking for pupil enlargement or constriction, which can be evidence of intoxication. If you fail these tests, the officer may arrest you or ask you to take a chemical test.
  • Blood-alcohol level. The amount of alcohol in your body is understood by measuring the amount of alcohol in your blood. This measurement can be taken directly, by drawing a sample of your blood, or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine. Some states give you a choice of whether to take a breath, blood, or urine test — others do not. If you test at or above the level of intoxication for your state (.08 to .10 % blood-alcohol concentration, depending on the state), you are presumed to be driving under the influence unless you can convince a judge or jury that your judgment was not impaired and you were not driving dangerously. Defense attorneys often question the validity of the conversion formula when the driver’s alcohol levels are based on breath or urine tests.

Do I have to take a blood, breath, or urine test if asked to do so by the police?

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, we strive to craft creative strategies to help our clients in their criminal defense cases. 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. 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.

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Houston Criminal Defense Lawyer