Criminal Defense since 1978
Criminal Defense Attorney Gilbert G. Garcia, has practiced Criminal Law since 1978. Since 1989, Gilbert has been Board Certified in Criminal Law by the Texas Board of Legal Specialization. He has extensive knowledge of state and federal constitutional law, evidence, procedure and penal laws involved in criminal defense matters.
Gilbert is a member of the State Bar of Texas (Criminal Justice Section Member & Individual Rights & Responsibility Section Member), Texas Board of Legal Specialization – Criminal Law, Texas Criminal Defense Lawyers Association, National Association of Criminal Defense Lawyers, College of the State Bar of Texas, The National College for DUI Defense, Inc., and The National Organization for the Reform of Marijuana Laws (NORML).
Gilbert is also a member and past president of the Montgomery County Bar Association and the Montgomery County Criminal Defense Lawyers Association. He is a proud member of Texas Exes.
Gilbert Garcia is one of the few attorneys who does not charge trial fees for misdemeanor Marijuana related cases.
Criminal Defense Attorney Gilbert G. Garcia will help you with the following criminal charges:
The Texas DWI Statute falls under Title 10, Chap 49 of the Texas Penal Code: Intoxication & Alcoholic Beverage Offenses. DWI is a criminal offense that states a person may not drive a motor vehicle in a public place while “intoxicated.” The State of Texas defines intoxication under two scenarios: 1) alcohol concentration greater than .08 and 2) not having normal use of mental or physical faculties.
Blood Search Warrants
If a Law Enforcement Officer has probable cause to believe you were driving while intoxicated, he or she can apply to a local Magistrate to obtain a blood search warrant.
In Texas, it is illegal to operate a boat with a blood alcohol content of 0.08 or higher (the same as that for a DWI). Texas Parks and Wildlife estimates that a third of all boating accidents “involve” alcohol. Most state laws define crimes of drunk boating as follows: operating a watercraft on a body of water while under the influence of alcohol.
Calling law enforcement during a domestic dispute will probably result in someone being arrested for the offense of Assault/Family Violence. The alleged victim can refuse to press charges, but that usually won’t stop an arrest. Consequences can include prohibition from: owning or possessing a firearm, obtaining a Texas hunting or fishing license, employment as a pilot, military service member, teacher, healthcare, city, county and/or state employee. There may also be disadvantages in divorce and child custody proceedings.
There are many drug-related crimes the State of Texas prosecutes. These charges can have consequential Civil repercussions as well, including Asset Forfeiture. The Texas Health and Safety Code outlines Controlled Substance law in Texas, dividing controlled substances into five penalty groups, which all carry varying punishment ranges for different amounts/quantities while also increasing penalties for sale or distribution. Most drug possession penalties are complicated and a possible range of punishment depends on the classification of the substance and the quantity of the substance charged.
Pssession of Marijuana
While many states across the country are changing their policies and laws regarding Possession of Marijuana, Texas has NOT! It is still a crime in Texas to possess ANY amount of recreational Marijuana. Marijuana is the most commonly possessed illegal substance in Texas. If convicted of a Possession of Marijuana charge, the Texas DPS can automatically suspend your license for 6 months. A Possession of Marijuana conviction could result in taking a mandatory drug class through the DPS IN-PERSON to be able to reinstate your driver’s license, in addition to a $2,000.00 fine and up to 6 months in jail.
A prohibited weapon offense may be classified as misdemeanor or felony. Classification depends upon the type of weapon involved, the type of crime committed, the extent of the alleged victim’s bodily injuries, and if the accused has prior weapon convictions. If you do find that you were wrongfully arrested, you should speak to an attorney before the prosecutor’s office files formal charges against you.
Before you allow your child to speak to any law enforcement officer, please make sure you speak to an attorney. Your child can invoke his or her right to remain silent. An experienced attorney can guide you through the system and help clean the criminal record as a juvenile. In Texas, a child is defined as a person who is between the ages of 10 and under 17. If a person that age is detained for alleged conduct that was committed before their 17th birthday, he or she may be required to appear in juvenile court.
Record Cleaning & Early Termination of Probation
In today’s economy, it is even more important than ever to have a Clean Criminal Record – it can be critical for certain jobs, certifications, State licenses/specializations, home rental or ownership, access to credit, acceptance to college and much more. Don’t let your PAST ruin your FUTURE. Contact our office to discuss your options for cleaning up your Criminal Record.
Citizens charged with Public Intoxication sometimes believe that by paying a fine, it will not show on his or her record. By paying a fine for class “C” misdemeanors, like Public Intoxication, you are PLEADING GUILTY and that charge could stay on your record for the rest of your life.
There are many types of property offenses with diverse consequences for punishment. Property offenses include Criminal Trespass, Theft, Burglary, Criminal Mischief, Burglary of a vehicle, Theft by Check and many more.
Online Solicitation of a Minor
Arrests in Montgomery County for Online Solicitation of a Minor are usually the result of an intricate bait and switch law enforcement operation in which an undercover officer allegedly poses as a child. Law enforcement officers use sophisticated entrapment-type operations to gather evidence taking the cell phones and computers to make the case.