What DFW Defendants Need To Know Now
The current legislative session in Texas has already seen an emphasis on law and order, with proposed changes that could significantly alter the landscape in the Lone Star State. Some of the changes are procedural, including revisions of how evidence is shared and what pretrial detention can look like. There are also some bills that propose new laws or increase penalties for existing offenses. Let’s take a look at some of the changes that have already been implemented, as well as some potential Texas criminal law updates for 2025.
New Texas Criminal Laws Already in Effect
The most significant legislation affecting criminal law, practice, and procedure to go into effect in 2025 is House Bill 4504, which ostensibly simplifies and modernizes a number of procedural matters, including:
- The expunction of criminal records—Expunction, also known as record clearing, has been available in Texas for years. The revisions are designed to provide clearer guidelines, making it easier for applicants to successfully erase all records of a prior offense or arrest.
- Change of venue—When a criminal matter has received a lot of local press, a common defense strategy is to request a change of venue to minimize the likelihood of local bias. House Bill 4504 simplifies the rules for determining the location of a trial.
DFW Criminal Defense Changes Proposed for 2025
Legislators are currently considering a number of proposals that would affect criminal defendants:
- Denial of bail for certain offenses—Senate Joint Resolution 5 addresses the right of judges to deny bail in certain situations, such as human trafficking, sex crimes, or violent offenses. Under existing law, denial of bail is extremely rare. The new law would allow a judge to deny bail if there is “clear and convincing evidence” that the defendant’s release would pose a “substantial risk to public safety.” Under the proposed statute, any request by prosecutors to deny bail would require a hearing and a written explanation. The joint resolution has been adopted by both legislative bodies and will be before voters in November.
- New Texas DWI Penalties—Senate Bill 2320 asks the legislature to impose harsher sentencing for individuals guilty of driving while intoxicated (DWI) in Texas. The bill would reclassify a first-time DWI from a Class B to a Class A misdemeanor, with potentially increased jail time. It would also elevate a charge involving a BAC of .15 or higher to a state felony and increase the penalties for many repeat offenders.
- Proposed changes to Texas Cannabis Law—Two Senate bills, SB 3 and SB 1505, address the use of cannabis and related products. SB 3 proposes changes in permissible use of hemp products, including a ban on all consumable hemp products other than CBD and CBG, which would effectively render Delta-8 and other THC-related substances illegal. Senate Bill 1505 would broaden the scope of the Texas Compassionate Use Program to promote greater access to medical marijuana for persons with chronic conditions.
Let Bailey & Galyen Protect Your Rights in a Criminal Proceeding
At the law offices of Bailey & Galyen, we have fought for the rights of criminal defendants in Texas and nationwide for more than 40 years. We have a comprehensive understanding of criminal law and procedures in Texas, and we will aggressively advocate to protect your constitutional rights.
Contact us by e-mail or call our offices to set up a free initial consultation with an experienced criminal defense attorney. Our phones are answered 24 hours a day, seven days a week.