WHAT WE DONichols & Gill, P.C. is an Austin, Texas based law firm dedicated to protecting the rights of people accused of crimes. We defend people accused of misdemeanor and felony crimes in Travis County, Williamson County, Hays County, Bastrop County and Caldwell County. For an overview and information on a specific kind of case, please click on the kind of case to the left.<
Everyone accused of a crime, whether it is Driving While Intoxicated, Assault, Theft or Possession of Controlled Substance needs a voice in the criminal justice system. We have found the most effective attorneys are those attorneys who are willing to stand up in front of a jury and argue a client's case. From our first meeting, we will be considering what your case would look like if we were presenting it to a jury. We have found this is the most effective way to bargain with prosecutors and judges. If they know you are willing to stand up and fight, you will get much better results.
DRIVING WHILE INTOXICATEDThe most common offense in Travis and the surrounding counties is Driving While Intoxicated. Driving While Intoxicated cases are difficult for many reasons. The judges and county attorney are elected officials. As such these elected officials are very aware of the attention generated by Driving While Intoxicated cases, and the public pressure to be very strict on the crimes. On the other hand, it is the only crime many people are ever in danger of committing. Many people would like to throw the book at ���em until it is their son or daughter or sister or brother accused of driving while intoxicated. In addition to the heightened political environment surrounding driving while intoxicated, are the ancillary effects a DWI arrest can have on your right to drive. An experienced driving while intoxicated attorney, understands how important requesting an Administrative License Revocation hearing within 15 days of an arrest for Driving While Intoxicated. Additionally, in the worst case scenario an attorney must understand how to obtain an Occupational Driver���s License for his or her client. The actual law itself can be confusing as well. Section 49 of the Texas Penal code defines intoxication in one of two ways.
"Intoxicated" means:(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
- having an alcohol concentration of 0.08 or more.
For these reasons it is very important you understand the following:
- If you are stopped by the officer you have the right to refuse all field sobriety tests. Typically these include the Horizontal Gaze Nystagmus, Walk and Turn, One Leg Stand and on occasion the Romberg Balance test.
- ALWAYS refuse to provide a sample of your blood or breath.
- Ask to speak to an attorney immediately.
ASSAULTAssault cases are another common, yet difficult case in Travis County. Because of the myriad of problems an arrest for Assault Family Violence causes, many people ask whether a person is truly innocent until proven guilty. In these cases it is imperative a person accused of what is commonly known as Domestic Violence has an attorney who understands how prosecutors and judges treat a person accused of Assault Family Violence. Assault offenses are defined in Section 22 of the Texas Penal code. Most assaults are Class ���A��� misdemeanors, punishable by up to a year in county jail. However, if a person has been previously convicted of an assault with family/dating violence or is accused of choking a family member (extremely broadly defined) then the case becomes a third degree felony punishable by up to 10 years in the Texas Department of Corrections.
ROBBERY AND THEFTRobbery and Theft crimes are serious offenses that carry severe consequences, including extensive prison sentences. At Nichols & Gill P.C. we put our years of criminal law knowledge to work in defending those charged with a theft or Robbery crimes.
Theft may often appear minor when compared to crimes of violence or sex. However, a conviction for a theft crime can have major repercussions, particularly if assault was involved. Having a skilled criminal defense lawyer to help guide you through the process associated with your theft crime can be critical in the outcome of your case.
Criminal Defense Attorneys James Gill & Matthew Nichols approach theft crime defense in the same way they do all criminal defense matters: aggressively pursuing matters at the outset - gathering as much information as possible and applying his familiarity to each case.
Nichols & Gill P.C. can help those charged with reduction in sentences or even dismissal of all charges in instances where money or stolen property has been returned in full.
James Gill & Mathew Nichols are Experienced Theft Crime Defense Attorneys with a broad range of experience defending individuals in the state and federal courts who have been charged with Robbery. Nichols & Gill P.C. represents clients throughout Texas who are facing Robbery charges, including:
- Armed Robbery
- Aggravated Robbery
- Car Jacking
- Internet Crimes
- Identity Theft
- Engaging in Organized Crime
- Employee Theft
- Car Theft
- White Collar Crimes
Firearm | Gun | Weapon Charges
Austin Gun Crimes Lawyer
Respected and Responsive Representation
Nichols & Gill P.C. can effectively defend your rights against a wide variety of weapons charges, including:
Being investigated, implicated or arrested for weapons violations or trafficking charges in Texas is very serious. In Austin, attorney James Gill will take those developments seriously when it comes to defending your rights in court.
Nichols & Gill P.C. knows about search warrants and firearms law in Texas and federal courts. You can put his experience and comprehensive knowledge of the law to work for you when you have been charged with weapons possession or trafficking.
Nichols & Gill P.C. has always insisted on being within easy reach by phone, fax or e-mail for his clients whether it is to schedule a free initial consultation or to make arrangements to meet with you in person. The attorneys at Nichols & Gill P.C. make time to listen to the details of your side of the story and assist you in understanding the challenging road ahead.
- Unlawful discharge of a firearm
- Possession of illegal weapons
- Felon in possession of a weapon
- Carrying a weapon
- Charges involving other types of weapons
- Taser weapons charges
- Possession of Assault weapons
- Carrying brass knuckles
- Carrying knives
- Firearms or weapons possession in an airport
- Carrying a weapon on liquor-licensed premises
- Reckless or deadly conduct
Need an Austin Lawyer for Drug possession charges?
When a person is arrested in Austin under the charge of possession of drugs, your rights may have been violated and you may not even know it. That���s why the Austin criminal defense attorneys James Gill & Mathew Nichols are here for you to find out how you may have been improperly searched. You may want to ask yourself some of these questions about drug possession charges in Austin.
What are your rights?
It is possible to have your case dismissed if it was in violation of the Fourth Amendment.
The Fourth Amendment states that every citizen has the right to be free from illegal searches and/or seizures, and if the search or contraband seizure is illegal or wrongfully taken, then the case may be dismissed by the judge.
What can I do if the officer started the search without my permission?
In every situation the officer must be able to give a specific reason for the search prior to beginning. If the officer searches the car, a bag, or even a person for weapons without just cause the entire arrest and search is illegal. The majority of citizens do not understand their own rights. They do not understand that most searches that an officer does can be refused. The best way to help your situation after a person has been arrested and after what you believe is an unlawful search or arrest is to contact a criminal attorney or lawyer who has successfully won these types of cases.
Illegal arrest, can I afford to fight, or should I just take a plea?
Most of the time, people believe that it is more expensive to fight than it is to plea. You may not realize that, after a probationary period and possible jail time, taking a plea could cost you more than $6000.00 in fines. Another ramification of this is that it could lead to you losing your job. Nichols & Gill P.C. has committed its life and practice to defending the rights of citizens just like you. They will be happy to sit down and discuss your case and explain the multiple strategies that can be used to protect your basic rights. Before you decide to plea out, have an attorney prepared to commit to a complete investigation of your case.
Our firm is ready to help clients facing charges for LSD, cocaine, marijuana, crack, heroin, or any other type of drug possession charge. We are here to serve your needs. In Texas, federal, and state courts, drug crimes are one of the top prosecuted crimes.
Nichols & Gill P.C. will ask in every drug case: (1) How lawful was the search and seizure? (2) The legality of the detention? (3) Can the court prove that you were in possession of the drugs without a doubt? The answers to a few if not all of these questions can have your case taken out of the court.
Punishments can vary greatly depending on the type and amount of the drug involved. The city of Austin, Texas is well-known for having some of the hardest penalties for drug conviction.
A first offense for a small amount of drugs can consequently result in jail time, but lawyers Mathew Nichols & James Gill can often convince the court to advocate drug counseling as a better option. Nichols & Gill P.C. has successfully shown the courts that his clients were detained and searched illegally in a number of these cases.