An arrest can turn your whole life upside down in a single afternoon. Suddenly your job, your reputation, your family, and your freedom are all on the line at once. What you do in the first hours and days often matters more than anything else. The choices you make now can shape how the entire case turns out.
Keith & Lorfing defends people accused of crimes in Houston and throughout Texas. If you or someone you love has been arrested or contacted by police, speak with a West Texas Criminal Defense Attorney before making a single statement.
The Houston criminal cases we defend
Criminal charges in Harris County cover a wide range of conduct, from a first-time mistake to the most serious felony. We defend clients across that entire range.
The cases we handle most often include:
- DWI: First-time and repeat DWI, along with related charges like intoxication assault.
- Drug charges: Possession, delivery, and manufacturing charges under Texas law.
- Violent crime: Assault, family violence, aggravated offenses, and other serious charges against a person.
- Appeals: Challenging a conviction or sentence after a trial or a plea.
We also defend other serious state charges, from theft and property crimes to weapons offenses. Some cases are charged in state court, and some are pursued by federal prosecutors — if your matter is federal, our Houston federal criminal defense team handles those cases directly.
No matter the charge, the government still has to prove its case. Tell us what you are facing and we will explain where the weaknesses are.
Misdemeanor or felony? How Texas classifies your charge
One of the first questions people ask is how serious their charge really is. Texas sorts offenses into misdemeanors and felonies, and the label tells you a lot about what is at stake.
Misdemeanors are the less serious category, but they can still mean jail time and a permanent record. Texas divides them into three classes:
- Class C misdemeanor: Fine only, up to $500, with no jail time. Examples include many traffic and minor public-order offenses.
- Class B misdemeanor: Up to 180 days in county jail and a fine up to $2,000.
- Class A misdemeanor: Up to one year in county jail and a fine up to $4,000.
Felonies are far more serious and can carry years in state prison. Texas ranks them from state jail felonies up to capital felonies:
- State jail felony: 180 days to 2 years in a state jail facility and a fine up to $10,000.
- Third-degree felony: 2 to 10 years in prison and a fine up to $10,000.
- Second-degree felony: 2 to 20 years in prison and a fine up to $10,000.
- First-degree felony: 5 to 99 years or life in prison and a fine up to $10,000.
- Capital felony: The most serious category, punishable by life without parole or the death penalty.
These ranges come from Chapter 12 of the Texas Penal Code, and certain factors can increase them, such as prior convictions. The class or degree of your charge sets the stakes, but it does not decide the outcome — that is what a defense is for.
State charges vs. federal charges in Houston
Not every case in Houston is the same kind of case. Whether you are charged by the State of Texas or the federal government changes the court, the rules, and the strategy.
State charges are brought under the Texas Penal Code and prosecuted by the Harris County District Attorney. These are the most common cases and are heard in Harris County courts.
Federal charges are brought under federal law and prosecuted by the United States Attorney in federal court. They often carry mandatory minimum sentences and no parole, which makes them a different fight.
Some conduct can be pursued by either system, and occasionally both. A drug case, a gun case, or a fraud case can end up state or federal depending on the facts and which agency investigated.
Knowing which system you are in is the starting point for any real defense. If your case is federal, our attorneys handle those matters throughout the Southern District of Texas, and you can ask us about federal defense directly.
What happens after an arrest in Harris County, step by step
The uncertainty after an arrest is its own kind of stress. Knowing the path ahead can make it easier to breathe, so here is the general sequence a Harris County case follows.
- Arrest and booking: After an arrest, a person is booked, and in Harris County that processing happens at the county’s central intake facility.
- Magistration and bail: You appear before a magistrate, usually within about 48 hours, who informs you of the charges and sets a bond.
- Filing of charges: Prosecutors review the case and decide what to file. In Texas, felony charges generally must be presented to a grand jury, which can return an indictment or decline to charge.
- Arraignment and first setting: The case is formally set in court, felony matters in the district courts and misdemeanors in the county criminal courts at law.
- Pretrial and resets: The case is reset over time while the defense reviews evidence, files motions, and negotiates. Many issues are won or lost here.
- Resolution: The case ends in a dismissal, a plea, or a trial.
Most Harris County criminal cases are handled at the Harris County Criminal Justice Center, 1201 Franklin St., Houston. Felonies are heard in the criminal district courts, and misdemeanors are heard in the county criminal courts at law.
The earlier we get involved, the more we can do at each of these stages. Reach out to our team as soon as you can, ideally before charges are even filed.
How long the state has to charge you
Prosecutors do not have unlimited time to bring most charges. This deadline is called the statute of limitations, and it is a topic almost no competing page explains.
For most misdemeanors, the state generally has two years to file charges. Felonies vary widely by offense, with a default of three years for many and longer periods for offenses like certain thefts, fraud, and sexual offenses.
Some of the most serious crimes have no statute of limitations at all. Murder is the clearest example — there is no time limit for bringing that charge.
The clock can also pause in certain situations, such as when the accused is out of the state. Because these rules are detailed and vary by offense, the limitation period should always be confirmed for your specific charge rather than assumed.
The consequences that outlast the case — and how to clear your record
A criminal case does not always end when the case is closed. The record it leaves behind can follow you for years, and knowing that early helps you protect your future.
Beyond any jail time or fine, a charge or conviction can affect:
- Immigration status: Certain charges can put a visa, a green card, or the ability to stay in the country at risk.
- Professional licenses: Nurses, teachers, commercial drivers, and others can lose the credentials their careers depend on.
- Firearm rights: A felony conviction can strip the right to own or possess a firearm.
- Jobs and housing: A record can show up on background checks and close doors long after the case ends.
The good news is that Texas law provides ways to limit some of this damage. Expunction under Chapter 55 of the Code of Criminal Procedure can erase eligible records, and an order of nondisclosure under Chapter 411 of the Government Code can seal certain records from public view.
Not every case qualifies, and the eligibility rules are specific. If clearing your record is a goal, ask us whether you qualify so you know your options.
How we defend criminal cases in Houston
A strong defense is not one thing — it is a series of choices made early and often. Our approach is built around putting pressure on the government’s case from the start.
- Investigation-stage intervention: When we get involved before charges are filed, we can sometimes influence whether a case is charged at all.
- Challenging the evidence: We examine every stop, search, and interrogation for constitutional violations, because evidence gathered illegally can be kept out.
- Testing the government’s proof: We look hard at witness credibility, lab results, and the gaps in what the state can actually prove.
- Negotiating from strength: We negotiate from a prepared, trial-ready position, which is what moves prosecutors off unfair offers.
- Taking cases to trial: When the state will not be fair, we try cases. Founding partner Trey Keith has earned many “Not Guilty” verdicts over two decades of defense work.
Every case is different, and we will give you an honest read on yours. We do not promise outcomes we cannot control, but we do promise to fight for the best result the facts allow.
Why choose Keith & Lorfing for your defense
When your freedom is on the line, experience is not a luxury. A West Texas Criminal Defense Attorney from Keith & Lorfing brings the prosecution insight, trial experience, and working-class commitment needed to challenge the government’s case from the start.
- A former prosecutor leads the firm. Managing partner Russell Lorfing is a former Assistant U.S. Attorney and multiple-award-winning trial lawyer who has handled hundreds of jury trials.
- A veteran trial lawyer at the founding chair. Trey Keith has defended the accused for more than 20 years and is known for aggressive, prepared trial work.
- We have been on both sides. Our team includes former prosecutors and courtroom veterans who know how the government builds and proves a case.
- We fight for working people. We come from humble beginnings and take pride in leveling the field for everyday Texans against the power of the state.
- We are ready to try your case. Real trial readiness is the leverage that produces dismissals and better plea offers.
We will also tell you the truth about your situation from day one. Past results never guarantee a future outcome, and every case turns on its own facts.
Talk to a Houston criminal defense lawyer before you talk to anyone else
Being accused of a crime is frightening, but an accusation is not a conviction. You have rights, you have options, and you do not have to face the government alone.
Keith & Lorfing defends people across Houston and throughout Texas, from first arrests to serious felonies. We will listen without judgment, explain what you are facing in plain language, and start building your defense right away.
Call us any time at 325-480-8100, or schedule a confidential consultation with our defense team today.
Frequently asked questions
What should I do right after being arrested in Houston?
Stay calm, be polite, and ask for a lawyer. Do not try to explain your way out of it, because anything you say can be used against you.
Should I talk to the police without a lawyer?
No. You have the right to remain silent and the right to a lawyer, and using both is almost always the safer choice. If agents or officers want to talk, our guidance on what to do when law enforcement wants to talk explains why.
What is the difference between a misdemeanor and a felony in Texas?
Misdemeanors are less serious and are punishable by fines and up to a year in county jail. Felonies are more serious, carry potential state prison time, and have longer-lasting consequences.
Which court will my Harris County case be in?
Most criminal cases are handled at the Harris County Criminal Justice Center at 1201 Franklin St. Felonies are heard in the criminal district courts, and misdemeanors in the county criminal courts at law.
Can charges be dropped or dismissed?
Sometimes. Charges can be dismissed when the evidence is weak, when it was obtained illegally, or when a grand jury declines to indict, among other reasons.
How long does the state have to file charges?
It depends on the offense. Many misdemeanors carry a two-year limit and many felonies a longer one, while the most serious crimes, such as murder, have no time limit at all.
Can I get a charge off my record later?
Possibly. Texas allows expunction or an order of nondisclosure for certain cases, though eligibility depends on the specific charge and outcome.
Is my case a state case or a federal case?
That depends on the law you are charged under and who is prosecuting. State cases go through the Harris County courts, while federal cases are prosecuted in federal court and follow different rules.
