Practices
Criminal Defense
State and federal criminal defense from arraignment through trial, available in English and Spanish.
A criminal charge is frightening. The first call you make matters. We answer the phone, in English or in Spanish, and we walk you through what comes next.
Our criminal defense practice covers DWI, drug offenses, assault, and federal indictments out of the Southern District of Texas. We protect your rights at every hearing and prepare every case as if it is going to trial.
Trust, clarity, and aggressive defense. We treat clients with respect and tell them the truth about their options.
What sets us apart
Why clients choose us for criminal defense
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Bilingual representation through every hearing
Plea negotiations, evidentiary hearings, and trials are conducted in English or Spanish without losing nuance. You always understand exactly what is being said about you.
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Founding-attorney handling, no rotation
The lawyer who shows up to your arraignment is the lawyer who shows up to your trial. You will not meet your "trial team" the day before jury selection.
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State and federal experience
Cases out of Starr, Hidalgo and Cameron County district courts, plus federal indictments out of the Southern District of Texas. We know both clerks and both rule books.
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Honest case assessment from day one
We tell you the realistic exposure on every charge, the realistic plea, and the realistic trial outcome. You should never be surprised by your own case.
Sub-areas
What we cover in this area
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DWI / DUI
Defense against driving while intoxicated charges in state court, from first-time misdemeanor to felony repeat offenses.
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Drug Charges
Possession, possession with intent, and delivery cases under the Texas Controlled Substances Act.
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Assault and Family Violence
Defense for simple assault, assault family violence, and aggravated assault charges.
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Theft and Property Crimes
Defense for theft, burglary, criminal mischief, and other property offenses.
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Federal Charges
Defense in the Southern District of Texas for federal drug, immigration, weapons, and fraud charges.
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Juvenile Defense
Representation of children and teens in juvenile court for delinquent conduct and conduct in need of supervision.
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Our approach
What to expect when you hire us
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Bond and first appearance
We work on bond reduction if needed and make sure your rights are protected at the first appearance.
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Discovery review
We review the State's evidence in detail, including video, audio, witness statements, and lab results.
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Pretrial motions
Where appropriate, we file motions to suppress, motions in limine, and motions for discovery sanctions.
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Plea negotiations
When a plea is in your interest, we negotiate the best available terms. We never push a plea you do not want.
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Trial preparation
If the case is set for trial, we prepare witnesses, exhibits, and jury arguments fully.
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Sentencing or post-trial relief
If you are convicted or accept a plea, we represent you at sentencing and pursue post-conviction relief when available.
What it costs
How we charge in this area
No surprise invoices. We put the fee in writing before you sign anything.
Criminal defense is billed on a flat fee per stage, not by the hour. You know the cost of the arraignment, the cost of pretrial, and the cost of trial before you sign anything - no surprise invoices.
A reasonable payment plan is available for most cases. We do not take a case we cannot finish, which means we will not promise a fee you cannot afford.
The initial consultation is free and confidential. Whether you hire the firm or not, what you tell us in that meeting stays between us.
Practical checklist
What to bring to the first meeting
Do not wait until you have it all. We work with what you have and we obtain the rest.
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Citation, summons, or bond paperwork
Everything the jailer or magistrate handed you when you were released.
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The probable-cause affidavit
Usually filed within 48 hours of arrest. Tells us what the officer said happened.
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Next court date and case / cause number
Bring whatever you have related to "Next court date and case / cause number". If something is missing, we obtain it together during the case.
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Names of any co-defendants
Bring whatever you have related to "Names of any co-defendants". If something is missing, we obtain it together during the case.
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Any prior criminal history (Texas or out of state)
Bring whatever you have related to "Any prior criminal history (Texas or out of state)". If something is missing, we obtain it together during the case.
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Immigration status (LPR, DACA, TPS, undocumented)
A conviction can have collateral consequences we need to plan around.
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Probation or parole status, if any
Bring whatever you have related to "Probation or parole status, if any". If something is missing, we obtain it together during the case.
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Contact info for any defense witnesses
Bring whatever you have related to "Contact info for any defense witnesses". If something is missing, we obtain it together during the case.
Cautions
Common mistakes people make
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Talking to police "to clear things up"
You have an absolute right to remain silent. Friendly conversation at the scene or in the interview room becomes evidence against you in court.
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Posting about the case on social media
Prosecutors subpoena Instagram, Snapchat and Facebook. A defensive joke or angry post is read literally on a courtroom monitor in front of the jury.
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Missing a court setting
A bench warrant issues automatically. Your bond is revoked, you are arrested again, and the case posture gets dramatically worse.
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Pleading guilty at the first setting "to get it over with"
Almost every case has a better outcome than the first plea offer. Diversion programs, deferred adjudication, and reductions are common once we work the file.
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Hiding immigration status from your lawyer
A plea that looks great in state court can trigger removal proceedings in federal immigration court. We need to know your status to protect you in both.
Critical windows
Deadlines you should know
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First setting after arrest
Within 72 hours typicallyMost counties set an initial appearance shortly after the magistrate. Hiring counsel before this hearing protects bond conditions and the discovery posture.
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Motion to suppress evidence
Pretrial deadlineTexas Code of Criminal Procedure 28.01 hearings are set by the trial court. Missing the pretrial cutoff can waive valuable suppression issues.
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Speedy trial demand
StatutoryTex. Code Crim. Proc. art. 32A.01 and the Sixth Amendment govern speedy trial. The right exists, but it is waived by inaction.
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Texas statute of limitations
2 years to no limitMost misdemeanors are two years; many felonies are three; murder and certain sexual offenses have no limit (Tex. Code Crim. Proc. art. 12.01).
Common questions
Questions about Criminal Defense
Should I talk to the police before hiring an attorney?
Generally, no. You have a right to remain silent and a right to have an attorney present during questioning. Use both. Call us before speaking with law enforcement when possible.
How much does criminal defense cost?
Fees vary by the seriousness of the charge and the work the case requires. We quote fees in writing before any engagement and explain exactly what is and is not included.
Will the charges go on my record?
Some charges can be expunged or sealed under Texas non-disclosure law if the case is dismissed or after a successful deferred adjudication. We will tell you whether your case qualifies.
Do you handle federal criminal cases?
Yes. We represent clients in federal court for the Southern District of Texas, including the McAllen and Brownsville Divisions.
How fast can you start working on my case?
The same day. If you call about an active arrest or pending hearing, we move immediately on bond, discovery, and scheduling.
Recent representative outcomes
Anonymized example outcomes
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DWI second offense, breath-test refusal, Starr County
Reduced to a non-DWI misdemeanor after pretrial motions
2024
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Federal possession with intent to distribute, McAllen Division
Below-guidelines sentence
2023
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Assault family violence with prior conviction
Charges dismissed at pretrial
2024
Past results do not guarantee, warrant, or predict future outcomes. Each case is unique and must be evaluated on its own merits.
Who handles these cases
Your attorney for criminal defense
J.M. Chema Garza personally handles every criminal defense file at the firm - from the first phone call through the final signature. No rotating staff, no paralegals as your point of contact. The conversation is direct, in your language, and strategy is decided with you in the room.
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Bar admissions
State Bar of Texas · U.S. District Court, Southern District of Texas · U.S. Court of Appeals, Fifth Circuit
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Languages
English · Español
Client voices
Trusted across the Rio Grande Valley
The attorney handled our matter personally from the first call. His knowledge of the valley and commitment to every client make the difference.
Firm client
Rio Grande City, TX
Past results do not guarantee or predict similar outcomes. Every matter is decided on its own facts and applicable Texas law.
Direct consultation
Ready to talk about your case?
Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.