Whether you’re facing charges for the first time or just want to know what to expect, our FAQ covers the key things clients ask—so you can feel informed, prepared, and confident moving forward. Explore more below.
Law enforcement agencies at both the state and federal levels can use advanced forensic tools to trace online activity, identify offenders, and gather digital evidence. Cooperation with service providers, such as email or internet companies, often plays a significant role in tracking activities.
Not necessarily. Texas law allows prosecutors to proceed with domestic violence cases even if the accuser is unwilling to press charges. Evidence such as 911 calls, witness statements, or injuries can still result in a prosecution.
A domestic violence conviction typically results in the loss of firearm rights under federal law, even after completing your sentence.
Not automatically, but accusers can request them. If granted, it may limit contact with the alleged victim, require you to vacate your home, or impose other restrictions until the case concludes.
A prior conviction can elevate current charges to a more severe category. For example, repeated offenses may lead to felony charges with harsher penalties, even if the incident itself would normally be a misdemeanor.
Being charged with a drug offense in a drug-free zone, such as near schools, parks, or childcare centers, can significantly increase penalties. For example, transporting or selling drugs within 1,000 feet of such areas can automatically elevate charges, leading to longer prison sentences, higher fines, and stricter probation terms.
Yes, prescription drugs can lead to charges if they are possessed without a valid prescription or are distributed illegally. This can be charged as either a felony or a misdemeanor, meaning jail time is a possible consequence.
Yes, under certain conditions, an underage DUI can be expunged from a record in Texas. Expungement is possible if the charge is dismissed, the individual is acquitted at trial, or they successfully complete a diversion or deferred adjudication program. However, eligibility depends on the specifics of the case and the person’s criminal history. Expungement is vital to prevent a DUI from negatively impacting future opportunities like college admissions or employment.
Under Texas law, refusing a breathalyzer test is an option but comes with serious consequences. Refusal automatically triggers an Administrative License Revocation (ALR), leading to a license suspension of 180 days for a first refusal and up to two years for repeat refusals.
The BAC threshold is one important difference. Another distinction is the penalties. The goal in underage DUI cases is typically to educate and rehabilitate young offenders through mandatory alcohol awareness classes and community service. Adult DUIs often carry harsher penalties, including steeper fines and longer license suspensions, especially for repeat offenses.
No, field sobriety tests are not mandatory in Texas. These tests, like walking a straight line or standing on one leg, are designed to assess impairment, but they’re subjective and prone to human error. Factors like nerves, medical conditions, or poor instructions from the officer can lead to inaccurate results.
Texas has implied consent laws, meaning that refusal often leads to an automatic license suspension (up to 180 days for a first refusal). However, refusal can also complicate the state’s ability to gather evidence for prosecution. If you did refuse a test, contact our office immediately to explore defense options and minimize the impact on your case.
The expungement process in Texas typically takes several months, depending on the complexity of your case, the court’s schedule, and any potential objections from involved parties. Filing the petition and waiting for a court hearing can take weeks or months, while processing the finalized order with law enforcement can add additional time.
Most (but not all) juvenile records can be expunged in Texas under certain conditions. For example, records related to offenses adjudicated as "juvenile delinquent" may be eligible, provided the individual meets age and waiting period requirements. Certain felonies, however, may not be eligible.
While it’s possible to file for expungement on your own, working with an attorney is highly recommended. The expungement process involves detailed paperwork, strict deadlines, and specific legal requirements that can be challenging for non-lawyers to manage. Mistakes in the petition or missing a deadline could lead to denial, delaying the process further.
Attorney Nickle can evaluate your eligibility, prepare your petition accurately, and represent you at court hearings if necessary. His experience and knowledge of the system often give clients a better chance for a smoother process and a greater likelihood of achieving the clean slate they deserve.
Penalties for federal crimes can be severe and often include lengthy prison sentences. For example, drug trafficking can lead to decades in prison, especially if large quantities are involved. White-collar crimes like fraud may carry financial penalties and imprisonment.
Federal criminal cases usually take longer than state cases because they often involve extensive investigations and complex legal procedures. The timeline depends on various factors, including the nature of the charges, the amount of evidence, and whether the case goes to trial. Pre-trial processes such as discovery, plea negotiations, and motion hearings can add months or even years to the case. Trials themselves can take weeks or longer.
The time federal investigators take often means that their prosecutors will be exceptionally well-prepared in court—meaning a defendant’s lawyer must be ready to match that level of attention to detail. We are.
The main difference lies in the severity of the penalty and the nature of the offense. Misdemeanors, like petty theft or a first-time DWI, while serious, typically result in shorter jail time or fines.
Felony convictions are rarely eligible for expunction. However, under certain circumstances, you may petition for non-disclosure or sealing of your record. A case may be eligible for nondisclosure (sealing) upon successful completion of deferred adjudication probation.
Yes, in some cases. A good lawyer like Todd Nickle may be able to negotiate a plea deal or argue that the evidence supports a lesser charge. This outcome often depends on the nature of the crime, the strength of the evidence, and the specifics of your case.
Not all felonies have mandatory minimum sentences, but many do, particularly more severe crimes like first-degree felonies or repeat offenses. Sentencing can vary based on factors like the crime's circumstances and the defendant's prior criminal record.
Consent means clear agreement to participate in a sexual act, communicated freely, and without coercion, force, or incapacitation. Texas law emphasizes that individuals cannot consent if they are unconscious, under the influence of drugs or alcohol, or underage.
