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Just Because You Did It Doesn’t Mean You’re Guilty

Being charged with a crime in Texas and being legally guilty of that crime are two entirely different things. In the first episode of Texas Law Unlocked, attorneys Brett Pritchard and Jeff Linick, with a combined 43 years of criminal defense experience in Central Texas, explain why what you actually did is often the least relevant question in your entire case, and what really determines the outcome.

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What You’ll Learn in This Episode

  • Why innocence and legal guilt are not the same thing under Texas law
  • What the state must prove to convict someone of DWI in Texas, and why those elements are harder to prove than most people think
  • Real cases where charges were dismissed or resulted in not guilty verdicts, even when the defendant admitted to the conduct
  • What “getting off on a technicality” actually means and why that phrase has no legal meaning
  • Exactly what to do, and what not to do, if you’ve been charged with a crime in Texas

Episode Highlights

The Question Every Criminal Defense Attorney Gets Asked

Every attorney who goes into criminal defense hears the same question from family and friends: “How can you defend someone when you know they did it?” Brett and Jeff explain why that question fundamentally misunderstands how criminal law works. From the moment an attorney takes a case, the client is legally innocent. No one has been found guilty. The state carries the burden of proving guilt, and until a judge or jury delivers that verdict, guilt simply does not exist in the eyes of the law.

What the State Actually Has to Prove: DWI as a Case Study

UsingDWI as an example, Jeff walks through exactly what the prosecution must establish beyond a reasonable doubt: that the person was operating a motor vehicle, and that they were impaired. Each of those elements involves legal questions that are far from simple. What counts as “operating” a vehicle? How do you prove impairment at the time of driving, not at the time of a blood draw? The episode explores multiple real cases where those questions became the deciding factor.

Real Cases from Central Texas Courts

Brett and Jeff share cases from their own practice that illustrate the gap between what happened and what the law can prove: 

  • A man drinking a beer while mowing his own ranch was charged with DWI, raising questions about whether a lawnmower is a motor vehicle, whether the road right-of-way counts as public property, and whether he was even operating the vehicle.
  • A man who got into his car to sleep off intoxication with the AC running was charged with DWI, with the question of whether he was “operating” the vehicle left to the jury.
  • A domestic violence victim who drove drunk to escape a violent situation was found not guilty by necessity even though all elements of DWI were met.
  • A man who swallowed a baggie of drugs while being detained, not arrested, during a traffic stop had his tampering with evidence charge dismissed, because the substance wasn’t yet evidence in any investigation.
  • A juvenile case was dismissed after the state proved a 2015 crime, even though the petition alleged a 2016 crime. The state had presented no evidence of a crime in the year charged.
  • A third DWI was reduced to a misdemeanor after a prior conviction was found to contain a void judgment and an impossible sentence under Texas law, rendering it unusable for enhancement.

What “Technicality” Really Means

When prosecutors lose, they often say the defendant “got off on a technicality.” Brett and Jeff explain why that phrase is meaningless: the word “technicality” does not appear in Black’s Law Dictionary. Every element of every crime is a legal requirement. If the state cannot prove one, the defendant must be acquitted. That’s not a loophole, that’s the law working exactly as intended.

What to Do If You’ve Been Charged with a Crime in Texas 

The attorneys close with clear, practical guidance: hire a criminal defense attorney before doing anything else. Do not speak to the police.Do not enter any plea. If you have video evidence, Ring camera footage, cell phone recordings, or anything else, do not share it with law enforcement on your own. Bring it to your attorney first and let them determine how best to use it.  

Frequently Asked Questions

  • What is the necessity defense in Texas?
    The necessity defense allows a defendant to argue that, while they technically violated the law, doing so was the only reasonable way to prevent a greater harm. For example, a person fleeing a violent situation may raise necessity as a defense to a DWI charge.
  • Can a third DWI in Texas be reduced to a misdemeanor?
    In some circumstances, yes. If a prior DWI conviction contains a void judgment, for example, if the sentence imposed was not permitted under Texas law for the offense class, that conviction cannot be used to enhance a subsequent charge to a felony.
  • What should I do if I’ve been charged with a crime in Texas?
    Hire a criminal defense attorney before doing anything else. Do not speak to the police. Do not enter any plea. If you have video evidence, such as Ring camera footage or cell phone recordings, do not share it with the police; bring it to your attorney first.
  • What does “getting off on a technicality” actually mean in Texas criminal law?
    It means the state failed to prove one or more required elements of the crime. Every element of every criminal charge is a legal requirement; there is no such thing as a “technicality” in Black’s Law Dictionary. If the state cannot meet its burden on any single element, the defendant must be acquitted.
  • Can you be charged with DWI in Texas if you were sitting in a parked car?
    Potentially yes, but whether you were “operating” a motor vehicle is a question for the jury to decide. Courts have held that a running engine can support a finding of operation, but the jury is not required to reach that conclusion.
  • What does the state have to prove to convict someone of DWI in Texas?
    The state must prove the person was operating a motor vehicle and that they were impaired either with a blood alcohol content above 0.08% or by having lost the normal use of their mental or physical faculties due to alcohol consumption. Each of those elements must be proven beyond a reasonable doubt.
  • Does being charged with a crime in Texas mean you’re guilty?
    No. Being charged means the state believes it has sufficient evidence to proceed, but it must still prove every element of the crime beyond a reasonable doubt before a judge or jury. Until that happens, you are legally innocent.

About Texas Law Unlocked

Texas Law Unlocked is a podcast from the Law Office of Brett H. Pritchard, giving Texans clear insight into state law so they can move forward with confidence. New episodes cover criminal defense, family law, and the legal issues that affect everyday Texans.

Facing Criminal Charges in Texas?

If you’ve been charged with a crime in Texas or you’re not sure what to do next, contact the Law Office of Brett H. Pritchard. With offices in Killeen, Temple, Waco, and Round Rock, our team has handled thousands of criminal defense cases across Central Texas.

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Everything discussed in this episode is for educational purposes only and does not constitute legal advice. Texas Law Unlocked is brought to you by the Law Office of Brett H. Pritchard.