Criminal Defense Attorney and Drug Possession Lawyer in Austin, TX
If you or someone you love has been arrested or charged with a crime in Austin, Texas, the decisions you make in the next 24 hours can shape the outcome of your entire case. Austin is the seat of Travis County, home to one of the busiest criminal court systems in the state, and prosecutors here move fast. You need a criminal defense attorney who knows the Austin courts, the judges, and the prosecutors and who isn’t afraid to take your case to trial.

Brian Erskine, known to clients and colleagues as the “Erskine Law,” has spent his career fighting for the accused in Travis County. With more than 100 jury trials and a Board Specialization in Criminal Law one of the State Bar of Texas’s highest honors Brian brings the same discipline and tenacity from two decades of competitive Muay Thai and Brazilian Jiu-Jitsu into every Austin courtroom. When your freedom, your record, and your future are on the line, you need a fighter in your corner, not just a lawyer with a briefcase.
Why Austin Residents Need a Local Criminal Defense Attorney
Austin isn’t a small town, and its criminal justice system reflects that. Travis County processes tens of thousands of arrests every year, ranging from Class C misdemeanors to capital felonies. A generic, out-of-town attorney or worse, a public defender stretched across hundreds of cases often can’t give your case the individual attention it deserves. Local experience matters because:
- Prosecutors and judges know local attorneys. A defense lawyer who appears regularly in the Blackwell-Thurman Criminal Justice Center has working relationships with the Travis County District Attorney’s Office and the Travis County Attorney’s Office, and understands how individual courts and judges tend to handle plea negotiations, motions, and sentencing.
- Austin’s courts move on their own schedule. Knowing which courtroom you’re assigned to, what that judge expects, and how the assigned prosecutor typically resolves cases can be the difference between a dismissal and a conviction.
- Local knowledge shapes strategy. From Austin Police Department arrest procedures to how the Travis County Sheriff’s Office processes bookings, an attorney who works these cases every day knows where officers commonly make mistakes mistakes that can get evidence suppressed or a case thrown out entirely.
Austin’s Criminal Courts: What to Expect
Nearly all adult criminal cases arising in Austin and Travis County are handled at the Blackwell-Thurman Criminal Justice Center, 509 West 11th Street, Austin, TX 78701. This building houses:
- Seven Travis County District Courts, which hear felony cases prosecuted by the Travis County District Attorney’s Office.
- Six Travis County Courts at Law, which hear Class A and Class B misdemeanor cases including most DWI, assault, and theft charges prosecuted by the Travis County Attorney’s Office.
- A dedicated Drug Court and DWI Court, offering structured alternatives to traditional prosecution for eligible defendants.
- Magistrate Court, where anyone arrested in Travis County must appear within 48 hours of arrest for a probable cause and bond determination.
Lower-level offenses, such as Class C misdemeanors, minor traffic violations, and city ordinance violations, may instead be handled by one of the Travis County Justice of the Peace courts or the Austin Municipal Court, depending on where the citation was issued.
Knowing which court your case belongs in and showing up prepared for that specific courtroom is one of the most basic but essential parts of building an effective defense. Brian Erskine appears in these Austin courtrooms regularly and knows exactly what each stage of the process requires.
Common Criminal Charges in Austin
Law Maverick represents clients across the full range of criminal allegations filed in Travis County, including:
- DWI/DUI – from first-offense DWI to felony DWI with prior convictions or accidents involving injury
- Drug possession and trafficking – marijuana, controlled substances, and prescription drug charges
- Assault and family violence – including domestic violence allegations that carry collateral consequences beyond the criminal case itself
- Sexual assault – cases that demand meticulous investigation and an aggressive defense strategy
- Theft and property crimes – shoplifting, burglary, robbery, and white-collar offenses
- Weapons charges – unlawful carrying, possession by a felon, and related offenses
- Felonies and misdemeanors – of nearly every classification, from petty offenses to capital murder
DWI Defense in Austin
Austin has one of the highest concentrations of DWI arrests in Texas, driven in part by its nightlife, live music venues, and large university population. A DWI conviction carries consequences that extend far beyond a criminal record it can mean a suspended license, mandatory ignition interlock device, increased insurance premiums, and, for repeat offenses, mandatory jail time.
Brian Erskine has defended DWI cases from initial traffic stop through jury trial. A strong DWI defense often examines:
- Whether the initial traffic stop was legally justified
- Whether field sobriety tests were administered and scored correctly
- Whether breath or blood test equipment was properly calibrated and maintained
- Whether the arresting officer followed proper procedure throughout the stop and arrest
Every one of these factors can create an opening to have evidence suppressed, charges reduced, or a case dismissed outright.
Arrested in Austin? Understanding Jail Release
If you or a loved one has been arrested in Austin, you’ll typically be processed first at the downtown Travis County Jail facility near the Blackwell-Thurman Criminal Justice Center before a magistrate sets bond. Depending on jail capacity and the nature of the charge, you or your loved one may be transferred to the larger Travis County Correctional Complex in Del Valle, located southeast of the city near Austin-Bergstrom International Airport.
Getting released quickly and getting the right legal representation involved from the start can make a significant difference in how your case unfolds. Brian Erskine helps clients and families navigate the bail and bond process so they can begin building a defense immediately, rather than losing critical time in custody.
Why Choose Brian Erskine The Law Maverick
Choosing the right Austin criminal defense attorney is one of the most important decisions you’ll make during this process. Here’s what sets Brian Erskine apart:
- Board Certified in Criminal Law a distinction earned by meeting and exceeding the State Bar of Texas’s rigorous standards, held by only a small percentage of Texas attorneys.
- 100+ jury trials spanning murder, trafficking, white collar crime, robbery, sexual assault, family violence, DWI, drug possession, and weapons charges.
- Former Assistant District Attorney experience Brian began his career prosecuting capital murder, drug trafficking, and sexual assault cases, giving him rare insight into how the prosecution builds its case against you.
- A fighter’s mentality Brian has competed nationally and internationally in Muay Thai and Brazilian Jiu-Jitsu for over 20 years, including the 2016 World Masters Championships in Jiu-Jitsu. That same relentless preparation carries directly into the courtroom.
- Personal attention Unlike high-volume firms that pass cases between associates, Brian is directly involved in strategy, negotiation, and trial preparation for every client.
Frequently Asked Questions Austin Criminal Defense
What should I do immediately after being arrested in Austin?
Exercise your right to remain silent, request an attorney immediately, and avoid discussing the details of your case with anyone other than your lawyer including friends, family, and especially on social media. Contact a criminal defense attorney as soon as possible so representation can begin before your first court appearance.
How quickly do I need to appear in court after an Austin arrest?
Texas law requires anyone arrested to appear before a magistrate within 48 hours for a bond determination. Additional court dates will follow depending on the severity of the charge and which Travis County court the case is assigned to.
Can a first-time DWI charge in Austin be reduced or dismissed?
It depends on the specific facts of the stop, the arrest, and the evidence collected. An experienced DWI attorney can evaluate whether the stop was lawful, whether testing procedures were followed correctly, and whether there are grounds to challenge the state’s evidence.
Will a criminal charge in Austin show up on background checks even if I’m not convicted?
Yes, in many cases an arrest record can appear on background checks even without a conviction. Depending on the outcome of your case, you may be eligible for an expungement or non-disclosure order to help protect your record going forward.
Does Brian Erskine handle felony cases in Austin, or only misdemeanors?
Brian handles the full range of criminal cases in Travis County, from Class C misdemeanors to serious felonies, including murder, sexual assault, and drug trafficking charges.
What does a free consultation with Law Maverick include?
During your free consultation, Brian will review the facts of your arrest or charge, explain what to expect from the Travis County court process, and outline potential defense strategies specific to your situation.
Get Help From an Austin Criminal Defense Attorney Today
Serious accusations demand serious representation. If you’re facing criminal charges in Austin or anywhere in Travis County, don’t wait to get help. Brian Erskine and the team at Law Maverick are ready to review your case and start building your defense.
Call now for a free consultation: (512) 359-3030 Law Maverick | Erskine Law | Brian Erskine Travis County Attorney & Austin Criminal Defense Lawyer 910 West Ave., Austin, Texas 78701