When everything is on the line, experience matters.

The arrested person must be taken before a magistrate without unnecessary delay, and no later than 48 hours after the arrest. The magistrate explains the accusation and the person's rights, including the right to a lawyer and the right to remain silent, and sets bond. This is not a hearing on guilt, and no plea is entered. It is often done by video from the jail, sometimes overnight.

The magistrate sets the bond amount and any conditions of release, such as no-contact orders, alcohol monitoring, or travel limits. Bond can be posted in cash, through a bail bond company, or in some cases on a personal bond. If the amount is more than the person can reasonably make, a lawyer can ask the court to lower it or change the conditions.

Call a defense lawyer as soon as you can. Don't discuss the facts of the case on jail phones or video visits, because those calls are recorded. Write down where the person is being held and any booking or case number you are given. A lawyer can help with bond, find out the charges, and make sure early deadlines aren't missed.

Not without a lawyer. You have the right to remain silent and the right to have a lawyer present during questioning, and you can end an interview at any time. Politely say that you want to speak with your attorney first. This applies even if you believe you are only a witness or have nothing to hide.

A DWI arrest usually starts two separate cases: the criminal charge and an administrative license suspension. If you failed or refused a breath or blood test, you typically received a notice of suspension. You have only 15 days from that notice to request a hearing to fight the suspension. If no hearing is requested, the suspension generally takes effect on the 40th day after notice. Call a lawyer right away so this deadline isn't missed.

Yes. Test results are evidence, not a verdict. The reason for the stop, how the field sobriety tests were given, how the sample was collected and tested, and whether a warrant was required can all matter. Every case depends on its own facts, and the only way to know your options is to have a lawyer review the evidence.

State charges are brought by a county or district attorney under Texas law and are heard in county or district court. Federal charges are brought by the United States Attorney under federal law and are heard in United States District Court. Federal cases follow different procedures and sentencing rules. Bobby Mims practices in both systems and is admitted in all four federal districts in Texas.

Most criminal cases are resolved without a trial, through dismissal, a reduced charge, a plea agreement, or a pretrial program. Every case should still be prepared as if it will go to trial, because that preparation is what produces the best outcome either way. Whether to accept an offer or go to trial is always the client's decision.

Deferred adjudication is a form of community supervision (probation) in which the judge does not enter a conviction. If you complete the terms successfully, the case is dismissed. It is not available for every offense, and a violation can lead to a conviction and sentence. Even after a successful deferred adjudication, the record may still appear unless an order of nondisclosure is obtained.

Sometimes. An expunction erases the records of an arrest and is generally available after an acquittal, a dismissal in certain circumstances, or when no charge was filed. An order of nondisclosure seals records from the public in some cases, often after deferred adjudication. Eligibility depends on the offense, the outcome, and waiting periods, so each case has to be reviewed individually.

Yes. Innocent people are charged with crimes, and what you say and do early in a case can have lasting effects. A lawyer can protect your rights, gather and preserve evidence that helps you, and present your side effectively.

Fees depend on the charge, the court, and how complex the case is. We will discuss the fee with you and put the terms in a written agreement before any work begins. If you cannot afford a lawyer, you have the right to ask the court to appoint one.

Bring any paperwork you received: bond papers, the notice of suspension in a DWI case, court notices, citations, or a copy of the complaint or indictment. A list of dates, names, and witnesses is also helpful. Please don't post about your case on social media or discuss it with anyone else.

Communications with your lawyer for the purpose of legal advice are protected by the attorney-client privilege. Please note that contacting the firm through this website, by email, or by phone does not by itself create an attorney-client relationship, so wait to share confidential details until we have spoken.

Yes. The office is in Tyler, and Bobby Mims regularly represents clients in Smith, Gregg, Henderson, Rusk, Cherokee, Wood, Upshur, Panola, Nacogdoches, and Van Zandt counties, as well as in federal courts across Texas.