News
 
Varghese Summersett

No. In most cases, it is not legal to put a GPS tracker on someone else’s car in Texas. Under Texas Penal Code § 16.06 , knowingly installing a tracking device on a motor vehicle owned or leased by another person without their consent is a Class A misdemeanor. This charge can result in up to one year in county jail and fines up to $4,000.

If you’re caught tracking your spouse’s vehicle during a divorce or custody dispute, the consequences extend far beyond criminal charges. What you thought might help your case could actually devastate it.

What the Law Actually Says

Texas Penal Code § 16.06 makes it a criminal offense to knowingly install an electronic or mechanical tracking device on a vehicle that you do not own or lease. The statute covers GPS units, Bluetooth trackers like AirTags, and any device capable of transmitting location data.

The offense applies when you install a tracker on someone else’s vehicle without their effective consent. Even if you share a home or a marriage with the vehicle’s owner, installing a hidden tracker on their car can still violate this law.

A Class A misdemeanor is the most serious type of misdemeanor in Texas. A conviction means:

  • Up to 1 year in the Tarrant County Jail or other county jail
  • A fine up to $4,000
  • A permanent criminal record
  • Potential restraining orders and protective orders

What About Jointly Owned Vehicles?

The law criminalizes installing a tracker on a vehicle “owned or leased by another person.” This creates ambiguity when the vehicle is jointly titled or purchased with community property funds during marriage.

Many Texas prosecutors have taken the position that tracking a vehicle primarily used by your spouse, particularly during a separation, can still result in charges. This is especially true when temporary court orders grant one spouse exclusive use of a specific vehicle. Those orders effectively eliminate any claim of “effective consent.” At least one federal court addressing the issue of jointly owned vehicles in the context of GPS trackers disagreed that an arrest for one spouse installing a GPS tracker on a jointly owned vehicle would give rise to a civil suit for malicious prosecution.

Even without explicit court orders, law enforcement and district attorneys frequently pursue charges against spouses who install trackers on the “family car” when the other spouse was the primary driver. The argument is straightforward: if you’re hiding a tracker, you know the other person wouldn’t consent to it.

Defenses to Unlawful Installation of a Tracking Device

Texas law provides several affirmative defenses that can defeat this charge:

Consent. If the vehicle’s owner or lessee gave you permission to install the device, you have a complete defense. This consent should be documented in writing whenever possible.

Law enforcement cooperation. Installing a tracker while assisting law enforcement under proper authorization is a valid defense.

Court order. If a court specifically authorized the tracking, the installation is lawful.

Owner status. If you are the sole owner of the vehicle (title in your name only), tracking your own property is not a crime. However, this defense may not apply to vehicles purchased during marriage, which are presumed to be community property regardless of whose name appears on the title.

The defense attorneys at Varghese Summersett have handled cases where clients genuinely believed they had a right to monitor a jointly owned vehicle. Understanding the nuances of ownership, consent, and community property law is essential to building a viable defense. If you’re facing these charges, talk to a Fort Worth stalking and surveillance defense lawyer who can evaluate the specific facts of your situation.

Don't Let This Moment Define Your Life

Typical Bond Amounts for Tracking Device Charges

If you’re arrested for unlawful installation of a tracking device in Tarrant County, you should expect to post bond before being released from the Tarrant County Jail or Lon Evans Corrections Center.

Based on our analysis of recent Tarrant County bond data, the most common bond set for violations of Texas Penal Code § 16.06 is $1,000. The average bond for this offense runs slightly higher, around $2,000, because some cases involve additional charges or aggravating circumstances.

Bond amounts can increase significantly when tracking device charges are filed alongside stalking, violation of a protective order, or harassment charges. In cases involving documented patterns of surveillance or intimidation, bonds can reach $5,000 or more.

When Tracking Becomes Stalking

Installing a single tracking device is a Class A misdemeanor. But repeated tracking, combined with other conduct that causes fear or harassment, can elevate the offense to stalking under Texas Penal Code § 42.072.

Stalking is a third-degree felony punishable by 2 to 10 years in prison. It becomes a second-degree felony (2-20 years) if you have a prior stalking conviction or if you violated a court order while engaging in the conduct.

Prosecutors often charge both offenses together when they believe the tracking was part of a broader pattern. In Tarrant County, bond amounts for stalking charges average around $28,000, reflecting the serious nature of these allegations.

Our attorneys recently represented a client charged with stalking in Tarrant County. The case involved allegations of surveillance and unwanted contact. Through careful investigation and strategic advocacy, we secured a resolution of 3-year deferred adjudication, which gives our client the opportunity to have the charge dismissed upon successful completion of probation.

The Family Law Consequences Can Be Worse Than Criminal Charges

Here’s what many people don’t realize until it’s too late: even if the criminal case results in a dismissal or light sentence, the family court consequences can be devastating.

Impact on Your Divorce Case

Texas is a no-fault divorce state. You don’t need to prove adultery to get divorced. But evidence of adultery can still affect property division and, in some cases, spousal maintenance.

The problem is that evidence obtained through illegal tracking is immediately suspect. Your spouse’s attorney will attack it on multiple grounds: the criminality of how it was obtained, the invasion of privacy, and any violations of standing orders that prohibited monitoring the other spouse.

Even if a judge allows some of the evidence, the bigger picture often works against the tracking spouse. You may have proof that your spouse visited someone’s apartment, but now you’ve also given them proof that you committed a crime to get it. Judges frequently view the tracking spouse as the greater wrongdoer.

Impact on Child Custody

Custody disputes turn on what’s in the “best interest of the child.” Texas courts evaluate factors like each parent’s emotional stability, ability to co-parent, and any history of family violence.

Covert GPS tracking of the other parent can be characterized as stalking, harassment, or controlling behavior. This cuts against you on multiple custody factors. Your ex’s attorney will argue that you’ve demonstrated:

  • Poor judgment
  • Inability to respect boundaries
  • Controlling or obsessive behavior
  • Potential for escalation

Several Texas family courts have used unauthorized tracking as grounds for restricting the tracking parent’s access to the children. Outcomes have included supervised visitation, restricted geographic radius, and custody arrangements favoring the non-tracking parent.

If you’re going through a divorce and concerned about your spouse’s behavior, there are legitimate ways to address those concerns through the family court system. You should explore those options with a family law attorney before taking any action that could backfire. Learn more about what to do if you suspect your spouse is cheating.

Don't Let This Moment Define Your Life

Protective Orders and Restraining Orders

Texas courts have become increasingly sensitive to surveillance and tracking in the domestic context. Recent legislative updates treat unauthorized GPS tracking as a form of family violence when directed at a current or former intimate partner, particularly when it’s part of a pattern of stalking or harassment.

If your spouse discovers a hidden tracker on their car, they can petition for a protective order citing both the Penal Code § 16.06 violation and the broader pattern of conduct. Protective orders can restrict your contact with your spouse and children, remove you from your home, and create additional criminal exposure if you violate them.

A violation of a protective order is a Class A misdemeanor for a first offense, but it becomes a third-degree felony if you have prior violations or commit the offense while on bond for a family violence offense.

What About Tracking Your Own Child?

The analysis changes when you’re tracking your minor child’s vehicle rather than your spouse’s. Texas law recognizes parental rights to monitor and supervise children, and most courts would not find a Penal Code § 16.06 violation when a parent tracks a car driven by their underage child.

However, complications arise when:

  • The vehicle is owned by the other parent
  • A custody order restricts your ability to monitor the child
  • The tracking is primarily aimed at monitoring the other parent’s activities

If you’re considering tracking a vehicle used by your child, review any existing custody orders carefully and discuss the situation with an attorney first.

The Criminal Court Process for Tracking Device Charges

If you’re arrested for unlawful installation of a tracking device in Texas, here’s what to expect:

Arrest and booking. You’ll be taken to the county jail for processing. In Tarrant County, this typically means the Lon Evans Corrections Center or the Green Bay facility.

Bond and release. For a Class A misdemeanor, you’ll generally be able to post bond and be released within hours. As noted above, bonds typically range from $1,000 to $2,000 for standalone tracking charges.

Arraignment. You’ll appear in court to receive formal notice of the charges and enter an initial plea. In Tarrant County, misdemeanor cases are handled in the County Criminal Courts.

Pretrial proceedings. Your attorney will review the evidence, file any necessary motions, and begin negotiations with the prosecutor. Key issues often include whether consent existed, who actually owned the vehicle, and whether the tracking was part of a broader pattern.

Resolution. Cases may resolve through dismissal, plea agreement, or trial. The best outcomes often involve pretrial diversion programs or deferred adjudication, which can result in the charge being dismissed from your record.

Our attorneys have successfully defended clients facing tracking device charges, securing dismissals and reductions that protect their criminal records and their rights in related family law proceedings.

What to Expect From Varghese Summersett

Varghese Summersett is one of Texas’s premier criminal defense and family law firms, with offices in Fort Worth, Dallas, Houston, and Southlake. Our team of more than 70 legal professionals includes former prosecutors, board-certified specialists, and attorneys with decades of trial experience.

We’ve secured more than 1,600 dismissals and 800 charge reductions for our clients. Our approach combines aggressive legal advocacy with a clear understanding of how criminal and family law cases intersect.

When you’re facing charges that could affect both your freedom and your family, you need attorneys who understand both sides of the courthouse. We coordinate defense strategies across criminal and family courts to protect all your interests, not just the case in front of one judge.

If you’ve been charged with unlawful installation of a tracking device, stalking, or related offenses, or if you’re concerned about how surveillance activities might affect your divorce or custody case, call us for a free consultation.

Take the First Step With a Free Consultation

Frequently Asked Questions

Can I put a GPS tracker on my spouse’s car if I suspect they’re cheating?

Generally, no. If the vehicle is solely titled in your spouse’s name, installing a tracker without their consent violates Texas Penal Code § 16.06 . Even on jointly titled vehicles, prosecutors have pursued charges when one spouse secretly tracks the other, particularly during separation or when court orders grant exclusive vehicle use. The potential benefit of catching evidence of adultery is typically far outweighed by the criminal exposure and damage to your custody case.

What’s the difference between a tracking device charge and a stalking charge?

Unlawful installation of a tracking device is a Class A misdemeanor covering the single act of installing surveillance equipment. Stalking under Texas Penal Code § 42.072 is a felony that requires a pattern of conduct causing the victim to fear for their safety or the safety of a family member. If prosecutors believe your tracking was part of a broader pattern of surveillance, harassment, or intimidation, they may charge both offenses. Stalking carries significantly higher penalties, including potential prison time.

Will my criminal case affect my divorce or custody case?

Yes, almost certainly. Evidence of criminal conduct involving surveillance, tracking, or harassment will be used against you in family court. Texas judges consider factors like emotional stability, respect for boundaries, and history of family violence when making custody determinations. A tracking device charge, even if it results in dismissal, can significantly harm your position in a custody dispute.

Can I track my teenager’s car?

Parents generally have the right to monitor their minor children, including tracking vehicles they drive. However, complications arise if the vehicle is owned by the other parent, if custody orders restrict monitoring, or if the tracking is really aimed at the other parent rather than the child. Review your custody order and consult an attorney before installing any tracking device.

What if I find a tracker on my car?

Document the device with photographs and preserve it as evidence. You may want to file a police report, particularly if you’re in a divorce or custody dispute. Depending on your circumstances, you may be able to seek a protective order against the person who installed it. Consult with both a criminal defense attorney and a family law attorney to understand your options.

Protect Your Rights and Your Record

A tracking device charge can seem minor on paper, but its consequences ripple through every aspect of your life. Criminal penalties, protective orders, and family court battles can compound quickly. The best defense starts early, before statements are made, before evidence is lost, and before the family court forms opinions based on incomplete information.

Varghese Summersett’s criminal defense and family law teams work together to protect clients facing these interconnected issues. We understand how prosecutors build these cases, how family courts react to surveillance allegations, and how to position you for the best possible outcome in both proceedings.

Call (817) 203-2220 to schedule a free consultation with a defense attorney who handles both criminal and family law matters.

Varghese Summersett

Winter weather crashes in Texas may represent a small percentage of total annual collisions, but they result in a disproportionately high number of fatalities and serious injuries. The catastrophic 133-vehicle pileup on I-35W in Fort Worth in February 2021, which killed six people and injured dozens more, demonstrated just how deadly Texas ice can be. If someone else’s negligence caused your accident, you have the right to pursue a claim.

We Measure Our Success by Yours.

If you were injured in a car accident caused by icy roads in Texas, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. Texas law still requires drivers to exercise reasonable care even in winter conditions, and the at-fault driver can be held responsible for the crash. In some cases, government entities, road operators, or commercial trucking companies may also share liability.

Why Ice Accidents Are So Dangerous in Texas

Why Ice Accidents Are So Dangerous in Texas

Texas drivers face unique challenges during winter weather events. Unlike states in the northern U.S., Texas roads are not designed for ice, and most Texas drivers have limited experience handling frozen conditions. The National Transportation Safety Board (NTSB) investigation into the Fort Worth pileup revealed that catastrophic ice accidents are rarely caused by one factor alone. They result from a “perfect storm” of roadway physics, maintenance limitations, and driver behavior.

The dangers are amplified by several factors specific to Texas. Speed limits remain high even as conditions deteriorate. Many drivers attempt to maintain normal highway speeds despite ice and snow. And the state’s unpredictable weather means freezing conditions can develop suddenly, catching motorists off guard.

why Texas roads are so dangerous when there's ice

The Physics Behind Texas Ice Accidents

Understanding why ice forms where it does helps explain why these crashes are so devastating and who may be liable when they occur.

The Bridge Phenomenon: Why Elevated Roads Freeze First

Bridges, overpasses, and elevated ramps are the first roadways to freeze in Texas, often long before surface roads become dangerous. Unlike regular roads that are insulated by the earth beneath them, bridges lose heat from both the top and bottom surfaces. Cold air circulates above and below the structure, causing bridge temperatures to drop rapidly.

During the 2021 Fort Worth crash, the area had experienced 36 consecutive hours of below-freezing temperatures. The elevated toll lanes became a sheet of ice while other roads remained passable. A driver may travel confidently on a wet but unfrozen highway, only to lose control instantly upon hitting a bridge deck. This physical reality creates liability questions when road operators fail to adequately warn drivers or treat elevated surfaces.

Black Ice: The Invisible Killer

Black ice is a thin, transparent layer of ice that forms on roadways and allows the pavement color to show through. This makes it look like a simple wet patch or shadow rather than a deadly hazard. Video evidence from the I-35W crash showed the road surface appeared “shiny and reflective,” looking simply like wet pavement rather than a frozen sheet.

Black ice often forms at night or early morning when moisture from light rain, fog, or dew hits a road surface that has dropped below 32°F. Critically, it does not need to be raining heavily for ice to form. High humidity combined with freezing temperatures can cause ice to accumulate on bridges without significant precipitation. Drivers frequently have no visual warning until they have already lost traction.

The “Flash Freeze” Window

Timing is often fatal in ice accidents. In the Fort Worth incident, light mist and freezing rain began only minutes before the crash occurred. The precipitation started around 5:57 AM, and the first collision happened at approximately 6:00 AM. This creates a “flash freeze” scenario where a road that was safe moments ago suddenly becomes a skating rink.

This rapid onset of dangerous conditions raises serious questions about monitoring, warning systems, and the responsibility of road operators to close or restrict roadways when conditions deteriorate.

Your Next Move Matters. Get Started

Avoiding Icy Road Accidents in Texas: Modern Technology Can Save Lives

The Barrier Effect in Restricted Lanes

In restricted lanes such as managed toll lanes or construction zones, concrete barriers prevent vehicles from sliding off the road into a ditch. While this sounds like a safety feature, it actually creates a more dangerous situation during ice events. Sliding vehicles bounce off the barriers and back into the path of oncoming traffic, creating unavoidable obstacles that lead to massive pileups. The I-35W toll lanes had this exact configuration, contributing to the severity of the crash.

Don't Suffer In Silence

Who Can Be Held Liable for an Ice-Related Crash?

Texas follows a fault-based system for car accidents, meaning the person or entity that caused the collision is responsible for damages. Under Texas Civil Practice and Remedies Code Chapter 33, victims can recover compensation as long as they are not more than 50% responsible for the accident. Several parties may be liable depending on the circumstances of your crash.

Other Drivers

Just because roads are icy does not excuse negligent driving. Texas law requires motorists to adjust their speed and driving behavior to match current conditions. A driver who fails to slow down, follows too closely, or loses control due to excessive speed can be held liable for resulting injuries.

“Speed too fast for conditions” is a common citation even when drivers are traveling below the posted limit. Data from the Fort Worth crash showed that just 15 minutes before the pileup, vehicles were traveling in the left lane at speeds exceeding 100 mph despite the freezing forecast. Even vehicles traveling 66 mph (under the 75 mph limit) could not stop once they hit the ice. On ice, stopping distances increase by a factor of three or more. At highway speeds, once a driver sees a stopped vehicle, it is often physically impossible to stop in time to avoid a collision.

Road Operators and Toll Authorities

The NTSB investigation into the Fort Worth crash identified significant failures by the road operator. These included inadequate monitoring of road conditions, failure to deploy environmental sensor technology, ineffective visual inspection protocols, and failure to close or restrict the roadway when conditions became dangerous.

Private toll road operators and public road authorities have a duty to maintain safe roadways. When they fail to adequately monitor conditions, warn motorists, or close dangerous road segments, they may be held liable for resulting injuries. The NTSB specifically cited the lack of Environmental Sensor Stations (ESS) on the crash segment. These sensors measure pavement temperature and grip factors in real-time. Without them, road operators were essentially guessing the condition of the road surface based on air temperature, which is often inaccurate.

Government Entities

The Texas Department of Transportation (TxDOT) is responsible for treating highways during winter weather events. When government agencies fail to adequately prepare for foreseeable conditions, fail to warn motorists of hazards, or negligently treat roadways, they may be held liable under certain circumstances.

However, claims against government entities involve strict notice requirements and deadlines under the Texas Tort Claims Act. Government entities also have limited immunity for certain types of decisions. An experienced attorney can evaluate whether you have a viable claim based on the specific circumstances of your accident.

Commercial Trucking Companies

Commercial trucks pose particular dangers during winter weather. Tractor-trailers require significantly more stopping distance than passenger vehicles, and their size makes them prone to jackknifing on slick roads. Trucking companies have a duty to ensure their drivers are properly trained, their vehicles are maintained, and their routes are planned with weather in mind. When a truck accident occurs during icy conditions, the company may share responsibility.

how to survive the slide

Maintenance Failures That Cause Ice Accidents

Even when road crews are active, specific gaps in maintenance strategies contribute to accidents. Understanding these failures helps establish liability when crashes occur.

Pretreatment Limitations

Road crews often apply “pretreatment” (usually a brine of salt and water or Magnesium Chloride) days before a storm. In the Fort Worth crash, the road was treated 44 hours prior to the accident. However, pretreatment is only a temporary measure designed to prevent ice from bonding to the pavement. It does not guarantee traction, and its effectiveness diminishes over time or can be washed away by initial rain.

When road operators rely on pretreatment applied days earlier without adequate follow-up monitoring or reapplication, they may be negligent in maintaining safe roadways.

Visual Inspection Failures

Maintenance crews traditionally patrol roads to “spot check” for ice. However, visual inspections often fail to distinguish between water and black ice. In the Fort Worth case, crews drove through the crash zone roughly 45 minutes prior to the pileup and did not detect ice because the moisture had not yet frozen or was invisible to the naked eye.

The NTSB noted that some crews test for ice by briefly slamming their brakes to see if they slide, but this training is often inconsistent or insufficient to detect isolated patches of ice on a long stretch of highway. These inadequate inspection protocols can form the basis for negligence claims.

Failure to Deploy Sensor Technology

A major contributing factor cited by the NTSB was the lack of Environmental Sensor Stations on the specific roadway segment where the crash occurred. These sensors provide real-time data on pavement temperature and surface conditions. Without them, road operators cannot accurately assess when roads become dangerous.

The failure to install available safety technology, particularly on elevated roadways known to freeze faster than surface streets, may constitute negligence when that failure contributes to crashes.

If you or a loved one was injured in an ice-related crash, the experienced personal injury lawyers at Varghese Summersett can help you understand your options. Call (817) 203-2220 for a free consultation.

Types of Compensation Available After an Ice Accident

Types of Compensation Available After an Ice Accident

Victims of ice-related car accidents in Texas can pursue both economic and non-economic damages. The specific compensation available depends on the severity of your injuries and the impact on your life.

Economic Damages

Economic damages compensate you for financial losses that can be calculated with receipts, bills, and documentation. These include emergency room visits and hospital stays, surgeries and medical procedures, physical therapy and rehabilitation, prescription medications, medical equipment and assistive devices, lost wages during recovery, loss of future earning capacity, vehicle repair or replacement costs, and out-of-pocket expenses related to your injuries.

Non-Economic Damages

Non-economic damages address the intangible ways an accident affects your life. These include physical pain and suffering, emotional distress and mental anguish, loss of enjoyment of life, disfigurement and scarring, loss of consortium (impact on relationships), and permanent disability or impairment. Under Texas Civil Practice and Remedies Code Chapter 41, punitive damages may also be available in cases involving gross negligence or egregious conduct.

Wrongful Death Claims

When an ice accident results in death, surviving family members may pursue a wrongful death claim. Texas law allows spouses, children, and parents of the deceased to seek compensation for funeral and burial expenses, loss of financial support, loss of love, companionship, and guidance, and mental anguish and emotional suffering.

Get the Compensation You Deserve

How Texas Comparative Negligence Affects Your Claim

Texas uses a modified comparative negligence system, which means your compensation may be reduced if you share partial fault for the accident. For example, if you were speeding when you hit ice and collided with another vehicle that failed to yield, the jury might find you 30% at fault. Your total recovery would be reduced by that percentage.

The critical threshold is 51%. If you are found more than 50% responsible for the accident, you cannot recover any compensation under Texas law. Insurance companies understand this rule and often try to shift blame onto victims. They may argue you were driving too fast, following too closely, or failed to take appropriate precautions.

Evidence That Proves Liability

Proving liability in ice-related accidents requires thorough investigation. Evidence may include weather reports and road condition data from the National Weather Service, TxDOT treatment records and response timelines, toll road operator maintenance logs, Environmental Sensor Station data (if available), traffic camera and surveillance footage, witness statements, vehicle event data recorders (“black boxes”), accident reconstruction analysis, and 911 call records and first responder reports.

The sooner you begin building your case, the more evidence will be available. Road operators may overwrite surveillance footage, and electronic data can be lost if not preserved promptly.

normalcy bias on icy roads

Driver Behavior: How “Normalcy Bias” Causes Crashes

Texas drivers are habitually accustomed to high speeds and dry pavement, leading to dangerous behaviors when conditions change. Understanding these patterns helps establish fault when crashes occur.

Speeding Relative to Conditions

You do not have to break the speed limit to be driving dangerously. Posted speed limits are set for dry conditions. When roads are icy, “reasonable and prudent” speed is often significantly lower than the posted limit. Drivers who maintain highway speeds during winter weather warnings may be negligent even if they are technically within the speed limit.

The Cruise Control Danger

Using cruise control on slick surfaces is a major cause of loss-of-control accidents. Cruise control delays the driver’s recognition of traction loss and can cause the vehicle to accelerate when the wheels begin to slip. A driver using cruise control on icy roads who loses control and causes a collision may bear significant liability for the crash.

Following Too Closely

On dry pavement, a two-second following distance is considered safe. On ice, drivers need five to six seconds (or three times the normal distance) to stop safely. Drivers who tailgate during winter weather and rear-end stopped vehicles can be held fully liable for resulting injuries.

Common Injuries from Winter Weather Accidents

Common Injuries from Winter Weather Accidents

The high-speed nature of Texas highway crashes combined with icy conditions frequently results in severe injuries. Multi-vehicle pileups, which are common during winter weather events, can involve dozens of cars and result in catastrophic harm.

Traumatic Brain Injuries

The violent forces involved in ice-related collisions often cause traumatic brain injuries, ranging from concussions to severe TBI requiring lifelong care. Symptoms may not appear immediately, making it essential to seek medical attention after any winter weather crash.

Spinal Cord Injuries

Spinal cord injuries can result in partial or complete paralysis, fundamentally changing a victim’s life. The force of a crash on icy roads, particularly when a vehicle rolls over or is struck by a commercial truck, can cause devastating damage to the spine.

Broken Bones and Orthopedic Injuries

Fractures are extremely common in ice-related accidents. The impact of a collision can break arms, legs, ribs, pelvis, and facial bones. Many victims require multiple surgeries and extensive physical therapy to recover.

Internal Injuries

The blunt force trauma from a crash can damage internal organs, causing internal bleeding that may not be immediately apparent. Delayed symptoms are common with internal injuries, which is why prompt medical evaluation is critical.

Whiplash and Soft Tissue Injuries

Even lower-speed ice accidents can cause whiplash injuries and damage to muscles, ligaments, and tendons. While these injuries may seem minor initially, they can result in chronic pain and long-term limitations.

What to Do After an Ice-Related Car Accident

What to Do After an Ice-Related Car Accident

The steps you take immediately following an ice accident can significantly impact your ability to recover compensation. If you are physically able, take the following actions to protect yourself and your claim.

Prioritize Safety

If you are able to move and it is safe to do so, get to the side of the road away from traffic. Turn on your hazard lights and set out flares or reflective triangles if available. During winter weather events, the risk of secondary collisions is extremely high. If you cannot exit your vehicle safely, stay inside with your seatbelt fastened and call 911. If you slide off the road and become stranded, stay in your vehicle. Do not walk away in a storm.

Call 911 and Report the Accident

Always call law enforcement to report the accident, even if injuries seem minor. The police report will document the scene, weather conditions, and statements from those involved. This official record is valuable evidence for your claim.

Seek Medical Attention

Get evaluated by medical professionals as soon as possible. Some injuries, including traumatic brain injuries and internal bleeding, may not present obvious symptoms immediately. Prompt medical documentation also establishes a clear connection between the accident and your injuries.

Document the Scene

If you can do so safely, take photographs and video of the accident scene, vehicle damage, road conditions, and any visible injuries. Note the presence of ice, standing water, or other hazards. A road that looks “wet” but produces no spray from other vehicles’ tires is a classic sign of black ice. Get contact information from witnesses who saw the accident.

Be Careful What You Say

Avoid admitting fault or apologizing at the scene, as these statements can be used against you later. Stick to the facts when speaking with police. Do not provide recorded statements to insurance companies without consulting an attorney.

Contact a Personal Injury Attorney

Before accepting any settlement offer or signing any documents from an insurance company, speak with an experienced injury lawyer. Ice accident cases often involve complex liability questions, including potential claims against road operators, government entities, and multiple drivers.

Don't Settle for Less

Why Insurance Companies Fight Winter Weather Claims

Insurance adjusters know that ice-related accidents present unique challenges for victims. They exploit these complexities to minimize payouts or deny claims entirely.

Blaming the Weather

Insurers often argue that the weather was an “act of God” and that no one could have prevented the accident. While weather contributes to accidents, it does not excuse negligent driving. Drivers have a duty to adjust their behavior to conditions, and those who fail to do so can be held liable.

Shifting Blame to You

Insurance companies frequently try to argue that victims contributed to their own injuries by driving in bad weather, traveling too fast, or failing to maintain control. They understand that reducing your recovery by even a small percentage saves them money, and that finding you more than 50% at fault eliminates their obligation entirely.

Disputing the Severity of Injuries

Adjusters may claim your injuries existed before the accident, are not as serious as you claim, or do not require the treatment you received. They may request independent medical examinations with doctors who are known to minimize injuries.

Making Quick, Low Settlement Offers

Insurance companies often approach victims shortly after an accident with settlement offers that seem generous but are actually far below the true value of the claim. They count on victims being overwhelmed by medical bills and eager to resolve their claims quickly.

The personal injury team at Varghese Summersett has extensive experience fighting back against insurance company tactics. Our attorneys thoroughly investigate every case, consult with experts when necessary, and build strong claims designed to maximize recovery. With offices in Fort Worth, Dallas, Houston, and Southlake, we represent injured Texans across the state.

The Claims Process and Timeline

The Claims Process and Timeline

Understanding what to expect after an ice accident helps you prepare for the road ahead. While every case is different, most personal injury claims follow a general timeline.

Initial Investigation

Your attorney will gather evidence, obtain police reports and medical records, interview witnesses, and consult with experts as needed. In ice accident cases, this may include obtaining weather data, road treatment records, and any available sensor data from the road operator. This phase may take several weeks to several months depending on the complexity of the case.

Medical Treatment and Maximum Medical Improvement

It is generally advisable to wait until you have completed treatment or reached maximum medical improvement (MMI) before settling your claim. Settling too early means you may not recover compensation for future medical needs that were not yet apparent.

Demand and Negotiation

Once your damages are fully documented, your attorney will send a demand letter to the insurance company outlining your injuries, treatment, and requested compensation. The insurance company will respond, and negotiations will follow. Many cases settle during this phase.

Filing a Lawsuit

If negotiations do not produce a fair settlement, your attorney may recommend filing a lawsuit. Under Texas Civil Practice and Remedies Code § 16.003, personal injury claims must generally be filed within two years of the accident. Claims involving government entities have shorter deadlines and additional notice requirements.

Discovery and Litigation

After a lawsuit is filed, both sides exchange information through discovery. This process includes written questions (interrogatories), document requests, and depositions. Discovery can take several months to over a year in complex cases involving multiple defendants.

Trial or Settlement

Most cases settle before trial, but having an attorney who is prepared to go to court strengthens your negotiating position. If your case does go to trial, a jury will hear evidence and determine liability and damages.

Warning Signs Every Texas Driver Should Know

Based on NTSB findings and TxDOT research, drivers are most at risk in Texas when temperatures are near or below freezing (32°F) and any moisture (fog, mist, or rain) is present. Elevated structures like bridges and ramps will be icy even if surface streets are wet but safe. A road that looks “wet” but produces no spray from other vehicles’ tires is a classic indicator of black ice. And traveling at posted highway speeds during winter advisories is dangerous because “reasonable and prudent” speed on ice is often far below the posted limit.

If you recognize these conditions, slow down significantly, increase your following distance, and never use cruise control. If you lose control despite taking precautions because another driver was negligent or road conditions were not properly managed, you may have a claim.

Get Answers Today. Call Us

Frequently Asked Questions

Can I sue if I crashed on ice because the road was not treated?

Possibly. Government entities like TxDOT and private toll road operators have a duty to maintain safe roadways, but they also have various legal protections. The NTSB investigation into the Fort Worth pileup identified multiple failures by the road operator, including inadequate monitoring and failure to close the roadway. An experienced attorney can evaluate whether you have a viable claim based on the specific circumstances of your accident.

What if the other driver says the ice caused the accident, not their driving?

Weather conditions do not eliminate driver responsibility. Texas law requires drivers to adjust their speed and behavior to match current conditions. If another driver was speeding, following too closely, using cruise control on ice, or otherwise driving negligently when they lost control and hit you, they can still be held liable for your injuries.

How long do I have to file a claim after an ice-related accident?

In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. However, claims against government entities have much shorter notice deadlines, sometimes as little as six months. It is important to consult with an attorney as soon as possible to ensure you do not miss any critical deadlines.

What if I was partially at fault for the accident?

You can still recover compensation as long as you were not more than 50% at fault. Your recovery will be reduced by your percentage of responsibility. For example, if you were 20% at fault and your damages totaled $100,000, you could recover $80,000.

Should I accept the insurance company’s settlement offer?

You should consult with an attorney before accepting any settlement offer. Insurance companies often make quick offers that are far below the true value of your claim. Once you accept a settlement, you cannot go back and ask for more money, even if your injuries turn out to be worse than initially expected.

We've Got This. Get Started

What to Expect From Varghese Summersett

When you hire Varghese Summersett to handle your ice-related car accident claim, you get a team of dedicated professionals committed to fighting for your rights. Our firm has more than 70 team members across four Texas offices in Fort Worth, Dallas, Houston, and Southlake, giving us the resources to handle complex cases involving multiple parties, serious injuries, and disputed liability.

We investigate every case thoroughly, consulting with accident reconstruction experts, medical professionals, meteorologists, and other specialists as needed. We obtain road operator maintenance records, weather data, and sensor information when available. We handle all communication with insurance companies so you can focus on your recovery. And we prepare every case as if it is going to trial, because that preparation strengthens our negotiating position and ensures we are ready if the insurance company refuses to offer fair compensation.

Our attorneys work on a contingency fee basis for personal injury cases, meaning you pay nothing unless we recover compensation for you. Past results do not guarantee future outcomes, but our track record demonstrates our commitment to achieving the best possible results for those we represent.

Varghese Summersett

The Legal Implications of “Are We Dating the Same Guy”

“Are We Dating the Same Guy” (AWDTSG) started as a way for women to vet potential dates. It has become something far more legally significant. With over 8 million members across more than 200 cities, these private Facebook groups and the standalone app have evolved into platforms where reputations are made and destroyed, marriages unravel, and lawsuits are born.

If you’re going through a divorce in Texas, involved in a custody dispute, considering posting about someone, or just discovered you’re the subject of a thread, you need to understand the legal landscape. What happens in these groups doesn’t stay in these groups. It ends up in courtrooms, affects custody decisions, triggers defamation lawsuits, and sometimes leads to criminal charges.

This guide covers every legal angle of AWDTSG from a Texas lawyer’s perspective: using it as evidence in your divorce, the defamation risks of posting, what to do if you’re posted about, and the criminal exposure that can arise from this platform.

What AWDTSG Is and How It Works

What AWDTSG Is and How It Works

AWDTSG is a network of private, city‑based Facebook groups—and a newer companion app—where women share information about men they are dating or considering. The first group launched in New York City in 2022 and quickly grew into hundreds of city‑specific communities across the United States and abroad.

What began with simple posts like “Is he actually single?” has evolved into a broader venue for sharing allegations and personal accounts about men’s behavior. Members often post photos or dating app screenshots alongside questions or warnings, prompting others to respond with their own experiences, including claims of cheating, emotional abuse, or other serious misconduct.

Multiple AWDTSG and AWDTSG‑style groups operate in Texas, including communities that cover the Dallas–Fort Worth metro area, Houston, Austin, and San Antonio and even small markets like San Angelo and Midland.

Some operate under the official AWDTSG umbrella, while others use names like “Is This The Same Guy?” with varying levels of moderation.

Texas AWDTSG Groups

Group Name Areas Covered Estimated Members Notes
Are We Dating The Same Guy? | Dallas / Fort Worth / DFW Dallas, Fort Worth, DFW Metroplex Tens of thousands Main official DFW group
Are We Dating The Same Guy? | DFW (Secondary) Dallas, Fort Worth, DFW Metroplex Thousands Secondary/backup DFW group
Is This The Same Guy? UNCENSORED – Dallas / Fort Worth / DFW Dallas, Fort Worth, DFW Metroplex Thousands Looser moderation; higher legal risk
Are We Dating The Same Guy Dallas, All Of Texas, New York, Atlanta & L.A. Dallas, Statewide Texas, Multi-city Tens of thousands Multi-city coverage
Is This The Same Guy? Houston, Austin & San Antonio Houston, Austin, San Antonio Tens of thousands Covers multiple major Texas metros
Are We Dating The Same Guy Austin TX Edition Austin 8,500+ Austin-specific group
Are We Dating The Same Guy? | SafeTea | San Angelo / Midland / TX San Angelo, Midland, West Texas Thousands West Texas coverage

Note: These are private groups. Member counts fluctuate and are estimates based on comparable markets. For reference, the New York group has over 136,000 members, and the Los Angeles group has approximately 52,000. The main AWDTSG network reports 8.1 million members across all groups worldwide.

The “uncensored” variants deserve special attention. These groups often have looser rules about what can be posted, including full names, employers, and detailed personal information. From a legal perspective, these groups present the highest risk for both posters and subjects because they’re more likely to cross the line into actionable defamation or harassment.

What Group Rules Don’t Tell You

Most AWDTSG groups require screening questions before you can join. Applicants typically confirm their gender, location, and intent, then agree not to share screenshots outside the group. But here’s what those rules don’t tell you: moderators check compliance with group guidelines, not factual accuracy.

This means false or exaggerated information can spread to thousands of people before anyone questions whether it’s true. The rules exist to protect the group from being shut down by Facebook, not to protect you from legal liability if you post something defamatory.

Finding Your Spouse on AWDTSG

Finding Your Spouse on AWDTSG: Evidence in Your Divorce

For many people, AWDTSG becomes relevant when they discover their spouse has been living a double life. Someone sends you a screenshot. Your spouse’s face is plastered across a Facebook group, with dozens of women sharing stories about dates, lies, and relationships that overlapped with your marriage. Or you discover your spouse is an active member of these groups, posting photos of men they’ve been seeing while still married to you.

This discovery can be a turning point in your divorce case. The posts, comments, and screenshots could become powerful evidence affecting property division, custody decisions, and your spouse’s credibility in court. But only if you handle it correctly.

Two Ways Your Spouse Appears

Being discussed by other women. This is often how betrayed spouses first learn the full extent of their partner’s infidelity. Women post photos asking, “Anyone know this guy?” and the responses reveal a pattern of dating, lying about being single, and carrying on relationships during your marriage. You might see screenshots of dating app profiles, text messages showing romantic conversations, multiple women confirming they dated your spouse during specific time periods, detailed accounts of lies about marital status, and photos from dates or trips you knew nothing about.

Actively posting in these groups. Sometimes the discovery goes the other way. Your spouse is a member, actively posting photos of men they’re dating or asking other women about potential matches. This shows they weren’t passively receiving attention but actively pursuing new relationships while married. Their posts reveal timelines, intentions, and sometimes direct admissions about the marriage.

Using AWDTSG Evidence for Property Division

Texas allows both no-fault and fault-based divorce. While many divorces proceed on no-fault grounds, proving fault can significantly impact property division. Under Texas Family Code § 6.003, adultery is grounds for divorce. More importantly, proven adultery can result in a disproportionate division of the marital estate in your favor.

Texas is a community property state, but judges have discretion to divide property in a way that is “just and right,” and fault is one factor they consider. AWDTSG posts can provide dated evidence of when affairs began, corroboration from multiple witnesses, documentation of money spent on dating and maintaining a double life, and proof that your spouse lied about being married.

Impact on Custody and Support

The best interest of the child is the primary consideration in Texas custody cases. A parent who maintained an elaborate double life demonstrated a pattern of deception that speaks to their character and judgment. Evidence that your spouse introduced children to dating partners or exposed them to instability matters. Courts want to know that the parent awarded conservatorship will make good decisions.

Adultery can also affect spousal maintenance determinations. If your spouse is seeking maintenance from you, evidence of their adultery may reduce or eliminate their eligibility.

How to Preserve This Evidence

The evidence you’re looking at could disappear at any moment. Posts get deleted, groups go private, and your spouse might scrub their online presence once they realize you know. Take screenshots of everything immediately: the post itself, all comments, the poster’s profile, the group name and member count, and any visible dates and times.

Use screen recording video that scrolls through entire threads to capture context. Note the exact date and time you captured the screenshots. If possible, have a witness present or have your attorney’s office document the evidence independently. Texas Rules of Evidence require authentication before social media evidence is admitted, so the more documentation you have about how and when you captured it, the stronger your position.

Don’t confront your spouse until you’ve preserved everything and consulted with your attorney. Once they know you’ve found this evidence, they may coordinate with others to remove content.

Strategic Use in Your Case

Having evidence and using it effectively are different things. Sometimes the most powerful use is in settlement negotiations. Your spouse may be highly motivated to settle favorably rather than have detailed testimony about their dating life become part of the public record.

AWDTSG evidence can also inform discovery questions. Your attorney might subpoena records, depose the women who posted about your spouse, or use the evidence to catch your spouse in lies during their deposition. If your spouse denies the affair under oath and you have AWDTSG documentation proving otherwise, their credibility on every issue in the case is damaged.

When Family Gets Complicated

Texas Defamation Law and AWDTSG

Texas defamation law applies to AWDTSG posts just like any other public statement. Under Texas Civil Practice and Remedies Code Chapter 73, defamation occurs when someone publishes a false statement of fact about another person that damages their reputation. The key elements are falsity, publication, identification, fault, and harm.

When Posts Cross the Legal Line

A post becomes potentially actionable when it asserts or clearly implies specific, provably false facts. Saying someone “felt rude” on a date is opinion. Saying someone “beats his kids” or “knowingly spreads STDs” is a factual claim that can be proven true or false. The distinction matters enormously in court.

Certain categories of false statements are considered defamation “per se” under Texas law, meaning damages are presumed without requiring proof of specific harm. These include false accusations of criminal conduct, sexual misconduct, professional incompetence, and having a loathsome disease. AWDTSG posts frequently venture into this territory.

Posts are more likely actionable when they use identifying information like full names, photos, workplace details, or unique identifying characteristics. They’re also more dangerous when they reach a large audience, which is almost guaranteed in metro groups with tens of thousands of members. Evidence of recklessness or actual malice, such as text messages showing the poster knew claims were false, strengthens a defamation case considerably.

What’s Less Likely to Be Actionable

Pure opinion based on disclosed facts receives more protection. A post stating, “He told me he was single, but I later found his wife’s Facebook; in my opinion, he’s a liar” is structured as an opinion tied to specific facts the reader can evaluate. Vague statements without clear identification or statements limited to subjective value judgments (“I didn’t vibe with him”) are harder to sue over successfully.

Courts that have examined AWDTSG content have sometimes dismissed claims involving terms like “psycho” or descriptions of ghosting as non-actionable opinion. But repeated implications of serious misconduct, especially using loaded terms like “predator” or “abuser” without factual basis, can cross into actionable territory.

Real Litigation Over AWDTSG Posts

The legal risks aren’t hypothetical. In Los Angeles, a man sued multiple women for defamation, libel, and sex-based discrimination over AWDTSG posts, seeking approximately $2 million in damages. While one defendant prevailed on an anti-SLAPP motion, the case demonstrates how quickly posters can find themselves in expensive litigation.

In Illinois, a court dismissed claims against an AWDTSG group and its moderators, treating certain posts as opinion or non-actionable. But the court also warned that repeated implications of serious misconduct could cross the line. Courts are still working through how to apply traditional defamation principles to this new forum.

Thinking About Posting? Seven Questions to Ask First

If You’re Thinking About Posting: Seven Questions to Ask First

Before posting anything in an AWDTSG group, treat it like sworn testimony. The same facts can later support or undermine a divorce, custody, or defamation case. Ask yourself these questions:

Am I stating a verifiable fact or expressing an opinion? Texas defamation law requires a false statement of fact. Pure opinion (“I felt unsafe on our date”) is generally protected. But “He beats his kids” is a factual claim that can be proven true or false. If a judge could say “true or false” to what you’re writing, you’re in dangerous territory.

Do I actually know this is true, and can I prove it? Truth is a complete defense to defamation. If your claims are accurate and you can back them up with texts, photos, or witnesses, your legal risk drops dramatically. Repeating rumors or unverified information you heard from someone else can be viewed as negligent or reckless.

Am I accusing him of a crime or sexual misconduct? False accusations of criminal conduct or sexual misconduct are classic defamation per se categories. They allow recovery without specific proof of economic loss. Labeling someone a rapist, child molester, or domestic abuser without clear, supportable facts is exactly the type of content that triggers high-dollar lawsuits.

Can he be clearly identified from what I’m posting? Using names, workplace information, photos, or unique details makes it easy to prove the post is “about” that person, a required element in Texas defamation claims. The more identifying information you include, the stronger a potential plaintiff’s case becomes.

Could this hurt his job or business reputation? Texas defamation law pays particular attention to statements harming someone’s profession or business. In divorce and custody cases, attacks on the other parent’s reputation can directly affect earning capacity, support calculations, and standing in the community.

Am I in the middle of a divorce, custody, or protective order case? Social media posts are routine evidence in Texas family courts. False or vindictive posts can undermine your credibility, be framed as harassment or attempted parental alienation, and violate standing orders that restrict posting about the divorce or the other party.

Would I stand behind this on the witness stand? Assume the other side screenshots everything. If you wouldn’t repeat the story under oath in front of a judge, don’t publish it to thousands of strangers. Even if you’re never sued, walking back a dramatic story in deposition can devastate your credibility on every other contested issue in your case.

Helping People Through Life's Greatest Challenges

If You’re Posted About: Do You Have a Case?

Not every unflattering AWDTSG post gives you a lawsuit. Most don’t. Before you call a lawyer, understand what’s actually actionable under Texas defamation law.

What’s NOT Actionable

Being called a “liar,” “cheater,” “narcissist,” or “red flag” isn’t defamation. Neither is someone saying you ghosted them, wasted their time, or gave them bad vibes. These are opinions or vague characterizations that courts consistently refuse to treat as actionable statements of fact.

If someone posts your photo and says, “avoid this one, total player” or “he led me on for months,” you probably don’t have a case. It stings, but Texas courts require false statements of specific, verifiable facts—not hurt feelings or damaged pride.

What IS Potentially Actionable

You may have a viable defamation claim if someone posted false statements accusing you of:

Criminal conduct. False claims that you committed assault, domestic violence, rape, sexual assault, theft, fraud, drug dealing, or any other crime.

Sexual misconduct or predatory behavior. False accusations that you’re a rapist, predator, or child molester. False claims of revenge porn, sexual coercion, or non-consensual acts.

Having a communicable disease. False statements that you have HIV, herpes, or other STDs, particularly combined with claims you knowingly exposed partners.

Professional misconduct or incompetence. False claims about your job performance, professional ethics, or conduct that could get you fired or cost you business.

Specific criminal history. False claims that you have a criminal record, are a registered sex offender, or have been arrested for specific crimes.

You Also Need Damages

Even if someone made a provably false accusation, you need to show it actually harmed you. There are two paths:

Defamation per se. If the false statement accuses you of a crime, sexual misconduct, having a loathsome disease, or professional incompetence, Texas law presumes damages. You don’t have to prove specific financial loss—the nature of the accusation itself is considered inherently damaging.

Everything else requires proof of actual harm. If the false statement doesn’t fall into those categories, you must demonstrate real-world consequences: you lost your job, lost a client or business opportunity, lost a relationship, were denied housing, or suffered other measurable harm directly caused by the post. “I’m embarrassed” or “my friends saw it” isn’t enough.

The Bottom Line

Before you contact us, ask yourself two questions:

1. Did someone make a specific, false factual claim about me—not just call me names or share opinions?

2. Did it actually cost me something—a job, income, relationship, professional standing—OR was it an accusation of crime, sexual misconduct, disease, or professional wrongdoing (where damages are presumed)?

If you can’t answer yes to both, you don’t have a viable case. If you can, screenshot everything and call us.

When AWDTSG Activity Leads to Charges

The Criminal Side: When AWDTSG Activity Leads to Charges

Sometimes AWDTSG activity intersects with criminal law. Accusations in these groups can trigger investigations for stalking, harassment, or protective order violations. Conversely, aggressive posting behavior can result in criminal charges against the poster.

Harassment

Under Texas Penal Code § 42.07, harassment occurs when someone initiates communication with intent to harass, annoy, alarm, abuse, torment, or embarrass another person. Coordinated campaigns to post about someone or encourage others to contact them could support harassment charges.

Stalking

Stalking under Texas Penal Code § 42.072 involves conduct directed at a specific person that would cause a reasonable person to fear bodily injury, death, or that an offense will be committed against them or their property. In one Tarrant County stalking case, we negotiated a plea to 3-year deferred adjudication with ankle monitor review after one year, avoiding the harsher consequences our client initially faced.

Protective Order Violations

Protective orders add another layer of complexity. Violating a protective order is a criminal offense, and repeated violations within a year can be charged as a felony. In our analysis of Tarrant County bond data, the average bond for violation of a protective order was $3,121, and violations occurring two or more times within 12 months averaged $52,894 in bond. These are serious charges with significant consequences.

How AWDTSG Posts Affect Other Family Law Issues

How AWDTSG Posts Affect Other Family Law Issues

Property Division

Texas is a community property state, and judges have discretion in dividing the marital estate. Evidence of bad behavior, including vindictive or defamatory social media activity, can influence how a judge views the “just and right” division of property. False accusations made publicly can also affect settlement negotiations, as the accused party may be more motivated to resolve the case quickly to stop the reputational damage.

Child Custody and Conservatorship

The best interest of the child is the primary consideration in Texas custody cases. A parent who makes false public accusations against the other parent demonstrates poor judgment and potentially parental alienation behavior. Posts that reveal information about children, expose them to conflict, or violate court orders can significantly impact custody decisions.

On the flip side, documented patterns of concerning behavior by the other parent, properly verified and presented, can support arguments for modified custody arrangements or supervised visitation.

Spousal Support and Child Support

False claims about a spouse’s income, employment, or professional reputation can affect child support and spousal maintenance calculations. If defamatory posts actually result in job loss or damaged earning capacity, that harm may be considered in calculating support obligations.

Protecting Yourself During Divorce

The safest approach during any family law proceeding is to avoid social media activity related to your case entirely. Don’t post about your spouse, your divorce, your custody situation, or the other party’s new relationships. Don’t join groups like AWDTSG while litigation is pending. And don’t respond to posts about you without legal guidance.

If you’re already a member of these groups, consider whether staying is worth the risk. Even comments or reactions to others’ posts can be used to show your mindset, judgment, or involvement in this type of community.

Document everything your spouse or co-parent posts, but do so quietly. Have a trusted friend or family member take screenshots if needed. Your attorney can advise on when and how to use this evidence strategically rather than reactively.

Many Texas family courts use standing orders that restrict what parties can post about each other or the litigation on social media. Violating these orders can result in sanctions, damage your credibility with the judge, or hurt your position in custody disputes. If you’re currently involved in any family law matter, assume that anything you post online could end up as an exhibit in your case.

New Chapters Start Here

What to Expect From Varghese Summersett

Varghese Summersett handles complex family law matters throughout Texas from offices in Fort Worth, Dallas, Houston, and Southlake. Our team of legal professionals includes attorneys experienced in both the family law and criminal law aspects of cases involving social media evidence, protective orders, and defamation claims.

When you face a situation involving AWDTSG or similar social media complications, we provide strategic assessment of your legal exposure and options, coordination between family law and criminal defense when both are implicated, aggressive protection of your reputation and parental rights, and practical guidance on documenting and preserving evidence.

Whether you’ve discovered your spouse on AWDTSG and need to leverage that evidence, you’re facing false accusations and need to protect your reputation, you want to understand the risks before posting, or you’re defending against criminal charges arising from protective order or harassment allegations, our attorneys have the experience to guide you through these complicated intersections of family law, civil liability, and criminal exposure.

Frequently Asked Questions

Frequently Asked Questions

Can AWDTSG posts be used as evidence of adultery in my Texas divorce?

Yes. Posts showing your spouse was dating, maintaining romantic relationships, or lying about being married can support adultery claims under Texas Family Code § 6.003. This evidence must be properly preserved and authenticated, but social media posts are routinely admitted in Texas family courts. Proven adultery can result in a disproportionate property division in your favor.

What should I do immediately after discovering my spouse on AWDTSG?

Screenshot everything before it disappears, including posts, comments, the poster’s profile, and group information. Note the dates and times. Do not confront your spouse or tell anyone who might warn them. Contact a family law attorney before taking any action. The evidence could be powerful in your case, but only if preserved properly and used strategically.

Can I sue someone for posting about me in an AWDTSG group?

Potentially, yes. If the post contains false statements of fact (not just opinion), clearly identifies you, was made negligently or recklessly, and caused damage to your reputation, you may have a defamation claim under Texas law. Posts accusing you of crimes, sexual misconduct, or professional incompetence are particularly actionable. However, truth is a complete defense, and some statements may be protected as opinion.

Can I post about my cheating spouse in AWDTSG to warn other women?

This is legally risky during divorce proceedings. Even truthful posts can violate court standing orders, damage your credibility with the judge, or invite counter-claims. If you post false or exaggerated information, you could face defamation liability. The safest approach is letting your evidence work through proper legal channels rather than social media.

Will AWDTSG posts affect my divorce or custody case?

Very likely. Texas family courts routinely admit social media evidence. Posts by your spouse can show their judgment and credibility. Posts about you, true or false, can affect negotiations and your standing. Your own posts can be used against you. Many courts have standing orders restricting social media activity during litigation, and violations can result in sanctions.

What if my spouse posts false information about me in AWDTSG?

Document everything immediately with timestamped screenshots. False statements of fact may support defamation claims and can be used in your divorce to demonstrate your spouse’s bad faith, harassment, or poor judgment. Your attorney can pursue removal through platform reports, cease-and-desist letters, and potentially court orders limiting future posts.

Can posting in AWDTSG lead to criminal charges?

In some circumstances, yes. Repeated contact intended to harass could support harassment charges under Texas Penal Code § 42.07. Conduct causing fear of harm could lead to stalking charges. If your posts violate a protective order, you face criminal liability. Even if you don’t face criminal charges yourself, false accusations in posts could expose you to civil defamation liability.

When the Stakes are High, Leave Nothing to Chance.

Protect What Matters Most

Whether you’ve discovered your spouse on AWDTSG, you’re facing false accusations in these groups, you need guidance before posting, or you’re dealing with criminal allegations tied to social media activity, call Varghese Summersett at (817) 203-2220. Our experienced attorneys understand every legal angle of these platforms and can help you protect your rights, your reputation, and your future.

Varghese Summersett

The Legal Implications of “Are We Dating the Same Guy?”

“Are We Dating the Same Guy” (AWDTSG) started as a way for women to vet potential dates. It has become something far more legally significant. With over 8 million members across more than 200 cities, these private Facebook groups and the standalone app have evolved into platforms where reputations are made and destroyed, marriages unravel, and lawsuits are born.

If you’re going through a divorce in Texas, involved in a custody dispute, considering posting about someone, or just discovered you’re the subject of a thread, you need to understand the legal landscape. What happens in these groups doesn’t stay in these groups. It ends up in courtrooms, affects custody decisions, triggers defamation lawsuits, and sometimes leads to criminal charges.

This guide covers every legal angle of AWDTSG from a Texas lawyer’s perspective: using it as evidence in your divorce, the defamation risks of posting, what to do if you’re posted about, and the criminal exposure that can arise from this platform.

What AWDTSG Is and How It Works

What AWDTSG Is and How It Works

AWDTSG is a network of private, city‑based Facebook groups—and a newer companion app—where women share information about men they are dating or considering. The first group launched in New York City in 2022 and quickly grew into hundreds of city‑specific communities across the United States and abroad.

What began with simple posts like “Is he actually single?” has evolved into a broader venue for sharing allegations and personal accounts about men’s behavior. Members often post photos or dating app screenshots alongside questions or warnings, prompting others to respond with their own experiences, including claims of cheating, emotional abuse, or other serious misconduct.

Multiple AWDTSG and AWDTSG‑style groups operate in Texas, including communities that cover the Dallas–Fort Worth metro area, Houston, Austin, and San Antonio and even small markets like San Angelo and Midland.

Some operate under the official AWDTSG umbrella, while others use names like “Is This The Same Guy?” with varying levels of moderation.

Texas AWDTSG Groups

Group Name Areas Covered Estimated Members Notes
Are We Dating The Same Guy? | Dallas / Fort Worth / DFW Dallas, Fort Worth, DFW Metroplex Tens of thousands Main official DFW group
Are We Dating The Same Guy? | DFW (Secondary) Dallas, Fort Worth, DFW Metroplex Thousands Secondary/backup DFW group
Is This The Same Guy? UNCENSORED – Dallas / Fort Worth / DFW Dallas, Fort Worth, DFW Metroplex Thousands Looser moderation; higher legal risk
Are We Dating The Same Guy Dallas, All Of Texas, New York, Atlanta & L.A. Dallas, Statewide Texas, Multi-city Tens of thousands Multi-city coverage
Is This The Same Guy? Houston, Austin & San Antonio Houston, Austin, San Antonio Tens of thousands Covers multiple major Texas metros
Are We Dating The Same Guy Austin TX Edition Austin 8,500+ Austin-specific group
Are We Dating The Same Guy? | SafeTea | San Angelo / Midland / TX San Angelo, Midland, West Texas Thousands West Texas coverage

Note: These are private groups. Member counts fluctuate and are estimates based on comparable markets. For reference, the New York group has over 136,000 members, and the Los Angeles group has approximately 52,000. The main AWDTSG network reports 8.1 million members across all groups worldwide.

The “uncensored” variants deserve special attention. These groups often have looser rules about what can be posted, including full names, employers, and detailed personal information. From a legal perspective, these groups present the highest risk for both posters and subjects because they’re more likely to cross the line into actionable defamation or harassment.

What Group Rules Don’t Tell You

Most AWDTSG groups require screening questions before you can join. Applicants typically confirm their gender, location, and intent, then agree not to share screenshots outside the group. But here’s what those rules don’t tell you: moderators check compliance with group guidelines, not factual accuracy.

This means false or exaggerated information can spread to thousands of people before anyone questions whether it’s true. The rules exist to protect the group from being shut down by Facebook, not to protect you from legal liability if you post something defamatory.

Finding Your Spouse on AWDTSG

Finding Your Spouse on AWDTSG: Evidence in Your Divorce

For many people, AWDTSG becomes relevant when they discover their spouse has been living a double life. Someone sends you a screenshot. Your spouse’s face is plastered across a Facebook group, with dozens of women sharing stories about dates, lies, and relationships that overlapped with your marriage. Or you discover your spouse is an active member of these groups, posting photos of men they’ve been seeing while still married to you.

This discovery can be a turning point in your divorce case. The posts, comments, and screenshots could become powerful evidence affecting property division, custody decisions, and your spouse’s credibility in court. But only if you handle it correctly.

Two Ways Your Spouse Appears

Being discussed by other women. This is often how betrayed spouses first learn the full extent of their partner’s infidelity. Women post photos asking, “Anyone know this guy?” and the responses reveal a pattern of dating, lying about being single, and carrying on relationships during your marriage. You might see screenshots of dating app profiles, text messages showing romantic conversations, multiple women confirming they dated your spouse during specific time periods, detailed accounts of lies about marital status, and photos from dates or trips you knew nothing about.

Actively posting in these groups. Sometimes the discovery goes the other way. Your spouse is a member, actively posting photos of men they’re dating or asking other women about potential matches. This shows they weren’t passively receiving attention but actively pursuing new relationships while married. Their posts reveal timelines, intentions, and sometimes direct admissions about the marriage.

Using AWDTSG Evidence for Property Division

Texas allows both no-fault and fault-based divorce. While many divorces proceed on no-fault grounds, proving fault can significantly impact property division. Under Texas Family Code § 6.003, adultery is grounds for divorce. More importantly, proven adultery can result in a disproportionate division of the marital estate in your favor.

Texas is a community property state, but judges have discretion to divide property in a way that is “just and right,” and fault is one factor they consider. AWDTSG posts can provide dated evidence of when affairs began, corroboration from multiple witnesses, documentation of money spent on dating and maintaining a double life, and proof that your spouse lied about being married.

Impact on Custody and Support

The best interest of the child is the primary consideration in Texas custody cases. A parent who maintained an elaborate double life demonstrated a pattern of deception that speaks to their character and judgment. Evidence that your spouse introduced children to dating partners or exposed them to instability matters. Courts want to know that the parent awarded conservatorship will make good decisions.

Adultery can also affect spousal maintenance determinations. If your spouse is seeking maintenance from you, evidence of their adultery may reduce or eliminate their eligibility.

How to Preserve This Evidence

The evidence you’re looking at could disappear at any moment. Posts get deleted, groups go private, and your spouse might scrub their online presence once they realize you know. Take screenshots of everything immediately: the post itself, all comments, the poster’s profile, the group name and member count, and any visible dates and times.

Use screen recording video that scrolls through entire threads to capture context. Note the exact date and time you captured the screenshots. If possible, have a witness present or have your attorney’s office document the evidence independently. Texas Rules of Evidence require authentication before social media evidence is admitted, so the more documentation you have about how and when you captured it, the stronger your position.

Don’t confront your spouse until you’ve preserved everything and consulted with your attorney. Once they know you’ve found this evidence, they may coordinate with others to remove content.

Strategic Use in Your Case

Having evidence and using it effectively are different things. Sometimes the most powerful use is in settlement negotiations. Your spouse may be highly motivated to settle favorably rather than have detailed testimony about their dating life become part of the public record.

AWDTSG evidence can also inform discovery questions. Your attorney might subpoena records, depose the women who posted about your spouse, or use the evidence to catch your spouse in lies during their deposition. If your spouse denies the affair under oath and you have AWDTSG documentation proving otherwise, their credibility on every issue in the case is damaged.

When Family Gets Complicated

Texas Defamation Law and AWDTSG

Texas defamation law applies to AWDTSG posts just like any other public statement. Under Texas Civil Practice and Remedies Code Chapter 73, defamation occurs when someone publishes a false statement of fact about another person that damages their reputation. The key elements are falsity, publication, identification, fault, and harm.

When Posts Cross the Legal Line

A post becomes potentially actionable when it asserts or clearly implies specific, provably false facts. Saying someone “felt rude” on a date is opinion. Saying someone “beats his kids” or “knowingly spreads STDs” is a factual claim that can be proven true or false. The distinction matters enormously in court.

Certain categories of false statements are considered defamation “per se” under Texas law, meaning damages are presumed without requiring proof of specific harm. These include false accusations of criminal conduct, sexual misconduct, professional incompetence, and having a loathsome disease. AWDTSG posts frequently venture into this territory.

Posts are more likely actionable when they use identifying information like full names, photos, workplace details, or unique identifying characteristics. They’re also more dangerous when they reach a large audience, which is almost guaranteed in metro groups with tens of thousands of members. Evidence of recklessness or actual malice, such as text messages showing the poster knew claims were false, strengthens a defamation case considerably.

What’s Less Likely to Be Actionable

Pure opinion based on disclosed facts receives more protection. A post stating, “He told me he was single, but I later found his wife’s Facebook; in my opinion, he’s a liar” is structured as an opinion tied to specific facts the reader can evaluate. Vague statements without clear identification or statements limited to subjective value judgments (“I didn’t vibe with him”) are harder to sue over successfully.

Courts that have examined AWDTSG content have sometimes dismissed claims involving terms like “psycho” or descriptions of ghosting as non-actionable opinion. But repeated implications of serious misconduct, especially using loaded terms like “predator” or “abuser” without factual basis, can cross into actionable territory.

Real Litigation Over AWDTSG Posts

The legal risks aren’t hypothetical. In Los Angeles, a man sued multiple women for defamation, libel, and sex-based discrimination over AWDTSG posts, seeking approximately $2 million in damages. While one defendant prevailed on an anti-SLAPP motion, the case demonstrates how quickly posters can find themselves in expensive litigation.

In Illinois, a court dismissed claims against an AWDTSG group and its moderators, treating certain posts as opinion or non-actionable. But the court also warned that repeated implications of serious misconduct could cross the line. Courts are still working through how to apply traditional defamation principles to this new forum.

Thinking About Posting? Seven Questions to Ask First

If You’re Thinking About Posting: Seven Questions to Ask First

Before posting anything in an AWDTSG group, treat it like sworn testimony. The same facts can later support or undermine a divorce, custody, or defamation case. Ask yourself these questions:

Am I stating a verifiable fact or expressing an opinion? Texas defamation law requires a false statement of fact. Pure opinion (“I felt unsafe on our date”) is generally protected. But “He beats his kids” is a factual claim that can be proven true or false. If a judge could say “true or false” to what you’re writing, you’re in dangerous territory.

Do I actually know this is true, and can I prove it? Truth is a complete defense to defamation. If your claims are accurate and you can back them up with texts, photos, or witnesses, your legal risk drops dramatically. Repeating rumors or unverified information you heard from someone else can be viewed as negligent or reckless.

Am I accusing him of a crime or sexual misconduct? False accusations of criminal conduct or sexual misconduct are classic defamation per se categories. They allow recovery without specific proof of economic loss. Labeling someone a rapist, child molester, or domestic abuser without clear, supportable facts is exactly the type of content that triggers high-dollar lawsuits.

Can he be clearly identified from what I’m posting? Using names, workplace information, photos, or unique details makes it easy to prove the post is “about” that person, a required element in Texas defamation claims. The more identifying information you include, the stronger a potential plaintiff’s case becomes.

Could this hurt his job or business reputation? Texas defamation law pays particular attention to statements harming someone’s profession or business. In divorce and custody cases, attacks on the other parent’s reputation can directly affect earning capacity, support calculations, and standing in the community.

Am I in the middle of a divorce, custody, or protective order case? Social media posts are routine evidence in Texas family courts. False or vindictive posts can undermine your credibility, be framed as harassment or attempted parental alienation, and violate standing orders that restrict posting about the divorce or the other party.

Would I stand behind this on the witness stand? Assume the other side screenshots everything. If you wouldn’t repeat the story under oath in front of a judge, don’t publish it to thousands of strangers. Even if you’re never sued, walking back a dramatic story in deposition can devastate your credibility on every other contested issue in your case.

Helping People Through Life's Greatest Challenges

If You’re Posted About: Do You Have a Case?

Not every unflattering AWDTSG post gives you a lawsuit. Most don’t. Before you call a lawyer, understand what’s actually actionable under Texas defamation law.

What’s NOT Actionable

Being called a “liar,” “cheater,” “narcissist,” or “red flag” isn’t defamation. Neither is someone saying you ghosted them, wasted their time, or gave them bad vibes. These are opinions or vague characterizations that courts consistently refuse to treat as actionable statements of fact.

If someone posts your photo and says, “avoid this one, total player” or “he led me on for months,” you probably don’t have a case. It stings, but Texas courts require false statements of specific, verifiable facts—not hurt feelings or damaged pride.

What IS Potentially Actionable

You may have a viable defamation claim if someone posted false statements accusing you of:

Criminal conduct. False claims that you committed assault, domestic violence, rape, sexual assault, theft, fraud, drug dealing, or any other crime.

Sexual misconduct or predatory behavior. False accusations that you’re a rapist, predator, or child molester. False claims of revenge porn, sexual coercion, or non-consensual acts.

Having a communicable disease. False statements that you have HIV, herpes, or other STDs, particularly combined with claims you knowingly exposed partners.

Professional misconduct or incompetence. False claims about your job performance, professional ethics, or conduct that could get you fired or cost you business.

Specific criminal history. False claims that you have a criminal record, are a registered sex offender, or have been arrested for specific crimes.

You Also Need Damages

Even if someone made a provably false accusation, you need to show it actually harmed you. There are two paths:

Defamation per se. If the false statement accuses you of a crime, sexual misconduct, having a loathsome disease, or professional incompetence, Texas law presumes damages. You don’t have to prove specific financial loss—the nature of the accusation itself is considered inherently damaging.

Everything else requires proof of actual harm. If the false statement doesn’t fall into those categories, you must demonstrate real-world consequences: you lost your job, lost a client or business opportunity, lost a relationship, were denied housing, or suffered other measurable harm directly caused by the post. “I’m embarrassed” or “my friends saw it” isn’t enough.

The Bottom Line

Before you contact us, ask yourself two questions:

1. Did someone make a specific, false factual claim about me—not just call me names or share opinions?

2. Did it actually cost me something—a job, income, relationship, professional standing—OR was it an accusation of crime, sexual misconduct, disease, or professional wrongdoing (where damages are presumed)?

If you can’t answer yes to both, you don’t have a viable case. If you can, screenshot everything and call us.

When AWDTSG Activity Leads to Charges

The Criminal Side: When AWDTSG Activity Leads to Charges

Sometimes AWDTSG activity intersects with criminal law. Accusations in these groups can trigger investigations for stalking, harassment, or protective order violations. Conversely, aggressive posting behavior can result in criminal charges against the poster.

Harassment

Under Texas Penal Code § 42.07, harassment occurs when someone initiates communication with intent to harass, annoy, alarm, abuse, torment, or embarrass another person. Coordinated campaigns to post about someone or encourage others to contact them could support harassment charges.

Stalking

Stalking under Texas Penal Code § 42.072 involves conduct directed at a specific person that would cause a reasonable person to fear bodily injury, death, or that an offense will be committed against them or their property. In one Tarrant County stalking case, we negotiated a plea to 3-year deferred adjudication with ankle monitor review after one year, avoiding the harsher consequences our client initially faced.

Protective Order Violations

Protective orders add another layer of complexity. Violating a protective order is a criminal offense, and repeated violations within a year can be charged as a felony. In our analysis of Tarrant County bond data, the average bond for violation of a protective order was $3,121, and violations occurring two or more times within 12 months averaged $52,894 in bond. These are serious charges with significant consequences.

How AWDTSG Posts Affect Other Family Law Issues

How AWDTSG Posts Affect Other Family Law Issues

Property Division

Texas is a community property state, and judges have discretion in dividing the marital estate. Evidence of bad behavior, including vindictive or defamatory social media activity, can influence how a judge views the “just and right” division of property. False accusations made publicly can also affect settlement negotiations, as the accused party may be more motivated to resolve the case quickly to stop the reputational damage.

Child Custody and Conservatorship

The best interest of the child is the primary consideration in Texas custody cases. A parent who makes false public accusations against the other parent demonstrates poor judgment and potentially parental alienation behavior. Posts that reveal information about children, expose them to conflict, or violate court orders can significantly impact custody decisions.

On the flip side, documented patterns of concerning behavior by the other parent, properly verified and presented, can support arguments for modified custody arrangements or supervised visitation.

Spousal Support and Child Support

False claims about a spouse’s income, employment, or professional reputation can affect child support and spousal maintenance calculations. If defamatory posts actually result in job loss or damaged earning capacity, that harm may be considered in calculating support obligations.

Protecting Yourself During Divorce

The safest approach during any family law proceeding is to avoid social media activity related to your case entirely. Don’t post about your spouse, your divorce, your custody situation, or the other party’s new relationships. Don’t join groups like AWDTSG while litigation is pending. And don’t respond to posts about you without legal guidance.

If you’re already a member of these groups, consider whether staying is worth the risk. Even comments or reactions to others’ posts can be used to show your mindset, judgment, or involvement in this type of community.

Document everything your spouse or co-parent posts, but do so quietly. Have a trusted friend or family member take screenshots if needed. Your attorney can advise on when and how to use this evidence strategically rather than reactively.

Many Texas family courts use standing orders that restrict what parties can post about each other or the litigation on social media. Violating these orders can result in sanctions, damage your credibility with the judge, or hurt your position in custody disputes. If you’re currently involved in any family law matter, assume that anything you post online could end up as an exhibit in your case.

New Chapters Start Here

What to Expect From Varghese Summersett

Varghese Summersett handles complex family law matters throughout Texas from offices in Fort Worth, Dallas, Houston, and Southlake. Our team of legal professionals includes attorneys experienced in both the family law and criminal law aspects of cases involving social media evidence, protective orders, and defamation claims.

When you face a situation involving AWDTSG or similar social media complications, we provide strategic assessment of your legal exposure and options, coordination between family law and criminal defense when both are implicated, aggressive protection of your reputation and parental rights, and practical guidance on documenting and preserving evidence.

Whether you’ve discovered your spouse on AWDTSG and need to leverage that evidence, you’re facing false accusations and need to protect your reputation, you want to understand the risks before posting, or you’re defending against criminal charges arising from protective order or harassment allegations, our attorneys have the experience to guide you through these complicated intersections of family law, civil liability, and criminal exposure.

Frequently Asked Questions

Frequently Asked Questions

Can AWDTSG posts be used as evidence of adultery in my Texas divorce?

Yes. Posts showing your spouse was dating, maintaining romantic relationships, or lying about being married can support adultery claims under Texas Family Code § 6.003. This evidence must be properly preserved and authenticated, but social media posts are routinely admitted in Texas family courts. Proven adultery can result in a disproportionate property division in your favor.

What should I do immediately after discovering my spouse on AWDTSG?

Screenshot everything before it disappears, including posts, comments, the poster’s profile, and group information. Note the dates and times. Do not confront your spouse or tell anyone who might warn them. Contact a family law attorney before taking any action. The evidence could be powerful in your case, but only if preserved properly and used strategically.

Can I sue someone for posting about me in an AWDTSG group?

Potentially, yes. If the post contains false statements of fact (not just opinion), clearly identifies you, was made negligently or recklessly, and caused damage to your reputation, you may have a defamation claim under Texas law. Posts accusing you of crimes, sexual misconduct, or professional incompetence are particularly actionable. However, truth is a complete defense, and some statements may be protected as opinion.

Can I post about my cheating spouse in AWDTSG to warn other women?

This is legally risky during divorce proceedings. Even truthful posts can violate court standing orders, damage your credibility with the judge, or invite counter-claims. If you post false or exaggerated information, you could face defamation liability. The safest approach is letting your evidence work through proper legal channels rather than social media.

Will AWDTSG posts affect my divorce or custody case?

Very likely. Texas family courts routinely admit social media evidence. Posts by your spouse can show their judgment and credibility. Posts about you, true or false, can affect negotiations and your standing. Your own posts can be used against you. Many courts have standing orders restricting social media activity during litigation, and violations can result in sanctions.

What if my spouse posts false information about me in AWDTSG?

Document everything immediately with timestamped screenshots. False statements of fact may support defamation claims and can be used in your divorce to demonstrate your spouse’s bad faith, harassment, or poor judgment. Your attorney can pursue removal through platform reports, cease-and-desist letters, and potentially court orders limiting future posts.

Can posting in AWDTSG lead to criminal charges?

In some circumstances, yes. Repeated contact intended to harass could support harassment charges under Texas Penal Code § 42.07. Conduct causing fear of harm could lead to stalking charges. If your posts violate a protective order, you face criminal liability. Even if you don’t face criminal charges yourself, false accusations in posts could expose you to civil defamation liability.

When the Stakes are High, Leave Nothing to Chance.

Protect What Matters Most

Whether you’ve discovered your spouse on AWDTSG, you’re facing false accusations in these groups, you need guidance before posting, or you’re dealing with criminal allegations tied to social media activity, call Varghese Summersett at (817) 203-2220. Our experienced attorneys understand every legal angle of these platforms and can help you protect your rights, your reputation, and your future.

Varghese Summersett

Reckless driving in Texas is a misdemeanor offense that carries potential jail time, fines, and a permanent criminal record. Under Texas Transportation Code § 545.401 , a person commits this offense by driving a vehicle in willful or wanton disregard for the safety of persons or property. If you’ve been charged, you need to understand what you’re facing and how to fight back.

Unlike a simple traffic ticket, reckless driving is a criminal charge. A conviction can follow you for years, affecting job opportunities, insurance rates, and even professional licenses. The good news? These charges can often be reduced or dismissed with the right defense strategy.

Reckless Driving in Texas Explained

What Counts as Reckless Driving in Texas?

Texas law defines reckless driving broadly, giving officers significant discretion when making arrests. The key element prosecutors must prove is that you drove with “willful or wanton disregard” for safety. This is more than simple carelessness or negligence. It requires showing you consciously disregarded a known risk.

Common behaviors that lead to reckless driving charges include excessive speeding (typically 25+ mph over the limit), weaving aggressively through traffic, racing on public roads, running multiple red lights or stop signs, and driving on sidewalks or shoulders to pass other vehicles. However, what one officer considers reckless, another might view as aggressive but not criminal. This subjectivity creates opportunities for an effective defense.

Reckless driving is often charged alongside other offenses. Officers may add evading arrest if you failed to stop immediately, or upgrade the charge if alcohol was involved. Understanding the full scope of what you’re facing is the first step toward building your defense.

Penalties for Reckless Driving

Penalties for Reckless Driving

Under Texas law, reckless driving is a Hybrid Class B misdemeanor. The potential consequences include up to 30 days in county jail, fines up to $200, and a permanent criminal record. While these statutory penalties may seem relatively mild compared to other criminal offenses, the collateral consequences often prove far more damaging. It is referred to as a hybrid offense because it does not have the typical punishment range for a Class B misdemeanor.

A reckless driving conviction will appear on both your criminal record and your driving record. Insurance companies typically raise rates significantly after a reckless driving conviction, often by 50% or more. Some employers, particularly those in transportation, logistics, or positions requiring driving, may refuse to hire someone with this offense on their record.

For commercial driver’s license (CDL) holders, the stakes are even higher. A reckless driving conviction in any vehicle can trigger CDL disqualification and jeopardize your livelihood. Similarly, professionals with licenses from state boards may face disciplinary action.

If you’re facing reckless driving charges, don’t wait to get legal help. Schedule a free consultation with our criminal defense team at (817) 203-2220 to discuss your options.

What to Expect for Bond

What to Expect for Bond

If you’re arrested for reckless driving in Texas, you’ll need to post bond to secure your release. In our analysis of over 52,000 bonds set in Tarrant County, we found that the most common bond for reckless driving under Texas Transportation Code § 545.401(b) was $500, with an average bond of approximately $975.

Several factors can affect your bond amount. If you have prior convictions, outstanding warrants, or were arrested alongside more serious charges, expect a higher bond. Conversely, a clean record and strong community ties typically result in lower bond amounts or even a personal recognizance (PR) bond in some jurisdictions.

Once released on bond, you’ll have conditions to follow. Violating these conditions can result in bond revocation and additional charges. An experienced attorney can help ensure you understand and comply with all requirements while preparing your defense.

Accused of a Crime? Every Second Counts.

Common Defenses to Reckless Driving

Reckless driving charges are highly defensible because the statute requires proving a specific mental state. Simply showing that you were driving fast or made an aggressive maneuver isn’t enough. Prosecutors must prove you acted with willful or wanton disregard for safety.

The most effective defenses often focus on challenging the officer’s characterization of your driving. Was there actually a risk to persons or property? Were road conditions, visibility, or traffic patterns different than what the officer assumed? Video evidence from dashcams, traffic cameras, or nearby businesses frequently tells a different story than the police report.

Other successful defense strategies include challenging the traffic stop itself. If the officer lacked reasonable suspicion to pull you over, any evidence gathered afterward may be inadmissible. Constitutional violations during the stop or arrest can provide grounds for dismissal.

Emergency circumstances can also provide a complete defense. If you were driving to a hospital due to a medical emergency or fleeing a dangerous situation, your actions may not meet the legal definition of recklessness. Context matters enormously in these cases.

Tough Cases Call For Tougher Lawyers

How Our Attorneys Have Handled Reckless Driving Cases

At Varghese Summersett, our criminal defense attorneys have secured numerous favorable outcomes in reckless driving cases across Texas. With over 1,600 dismissals and 800 charge reductions on our record, we know how to build effective defenses.

In one recent case, our client was charged with both reckless driving and unlawful carrying of a weapon. The combination of charges created serious exposure. Attorney Alex Thornton investigated the circumstances, challenged the evidence, and successfully obtained a complete dismissal of both charges.

In another case, our client faced reckless driving charges alongside allegations of displaying a fake license plate. Attorney Sheena Winkfield negotiated a resolution that resulted in community supervision rather than jail time, minimizing the impact on our client’s record and future.

Past results do not guarantee future outcomes, but these examples illustrate how aggressive representation can make a significant difference. Every case has unique facts, and we tailor our approach accordingly.

The Stakes Are High. We Leave Nothing To Chance.

Reckless Driving vs. Related Charges

Understanding how reckless driving relates to other traffic offenses helps clarify what you’re facing. Racing on a highway under Texas Transportation Code § 545.420 is a separate Class B misdemeanor with similar penalties but focuses specifically on speed competitions. If someone is injured during a race, the charge elevates to a state jail felony.

Evading arrest with a vehicle is significantly more serious. Under Texas Penal Code § 38.04, evading in a vehicle is a state jail felony, punishable by 180 days to two years in state jail. This charge is often added when someone continues driving after an officer activates emergency lights.

When alcohol is involved, DWI charges will typically take priority over reckless driving. However, reckless driving is sometimes offered as a plea reduction in DWI cases. This can be advantageous because reckless driving doesn’t carry the same license suspension consequences or enhanced penalties for subsequent offenses that DWI does.

Protect your rights and your record. Talk to a criminal defense lawyer today by calling (817) 203-2220.

What Happens After a Reckless Driving Arrest

What Happens After a Reckless Driving Arrest

The criminal process for a misdemeanor like reckless driving typically begins with an arrest or citation. If arrested, you’ll be booked into county jail and must post bond for release. If issued a citation, you’ll receive a court date to appear.

At your first court appearance (arraignment), you’ll enter a plea. Pleading not guilty preserves all your options and allows time to build a defense. Your attorney can then review the evidence, including police reports, dashcam footage, witness statements, and any other materials the prosecution intends to use.

Many reckless driving cases resolve through negotiation before trial. Depending on the circumstances and your history, options may include dismissal, reduction to a non-criminal traffic offense, deferred adjudication (probation that results in dismissal if completed), or a plea to the charged offense with minimal penalties.

If your case goes to trial, the prosecution must prove beyond a reasonable doubt that you drove with willful or wanton disregard for safety. This is a high standard, and juries often find the subjective nature of “recklessness” difficult to apply. Skilled trial attorneys know how to highlight these ambiguities.

Don't Let This Moment Define Your Life

Can Reckless Driving Be Expunged or Sealed?

Texas law provides pathways to clear certain criminal records, but eligibility depends on how your case resolves. If your reckless driving charge is dismissed or you’re found not guilty at trial, you may qualify for expunction. This process destroys all records of the arrest and prosecution as if it never happened.

If you receive deferred adjudication probation and successfully complete it, you may be eligible for an order of nondisclosure. This seals your record from most public access, though law enforcement and certain licensing agencies can still see it.

A conviction for reckless driving cannot be expunged or sealed under current Texas law. This makes avoiding a conviction critically important for your long-term future. Even a misdemeanor conviction stays on your record permanently unless the law changes.

Our team includes attorneys who handle both the criminal defense and subsequent record clearing. We approach every case with an eye toward the best possible long-term outcome.

We Measure Our Success by Yours.

Why Choose Varghese Summersett

Our criminal defense team brings unique qualifications to every case. With four Board Certified Criminal Law Specialists and six former prosecutors on staff, we understand how both sides approach these cases. This perspective helps us identify weaknesses in the prosecution’s case and leverage opportunities for favorable resolution.

We have offices in Fort Worth, Dallas, Houston, and Southlake, with over 70 team members ready to fight for you. Our track record speaks to our effectiveness, but we know that past results don’t guarantee future outcomes. What we can guarantee is that you’ll receive aggressive, strategic representation from attorneys who genuinely care about protecting your future.

Don’t wait to get help. Call (817) 203-2220 for a free consultation with an experienced criminal defense attorney.

Frequently Asked Questions

Frequently Asked Questions About Reckless Driving in Texas

Is reckless driving a felony in Texas?

No, standard reckless driving under Texas Transportation Code § 545.401 is a Class B misdemeanor. However, if reckless driving causes serious bodily injury or death, prosecutors may file more serious charges such as criminally negligent homicide or manslaughter, which are felonies.

How many points does reckless driving add to my license?

Texas doesn’t use a traditional point system for driver’s licenses. However, a reckless driving conviction will appear on your driving record and can affect your insurance rates, your ability to maintain a CDL, and your eligibility for certain programs like deferred adjudication on future offenses.

Can reckless driving be reduced to a traffic ticket?

Yes, in many cases an experienced defense attorney can negotiate a reduction from criminal reckless driving to a non-criminal traffic violation. This avoids a criminal record while still resolving the case. The likelihood of obtaining a reduction depends on the specific facts, your prior record, and the policies of the prosecuting jurisdiction.

Will I go to jail for reckless driving?

Jail time is possible but not automatic. Many first-time reckless driving cases resolve with fines, probation, or deferred adjudication without any jail time. However, aggravating factors like prior convictions, extremely dangerous conduct, or causing property damage increase the likelihood of jail being imposed.

How long does reckless driving stay on my record?

A reckless driving conviction stays on your criminal record permanently in Texas unless you qualify for expunction or nondisclosure. It will also remain on your driving record maintained by the Texas Department of Public Safety, typically for three to five years for insurance purposes, though the conviction itself never fully disappears.

Take the First Step With a Free Consultation

Get Help With Your Reckless Driving Case

A reckless driving charge doesn’t have to derail your life. With experienced legal representation, many of these cases result in dismissals, reductions, or outcomes that protect your record and your future. The attorneys at Varghese Summersett have the skills, resources, and track record to give you the best possible chance at a favorable outcome.

We offer free consultations for criminal defense matters and have offices throughout Texas to serve you. Whether your case is in Fort Worth, Dallas, Houston, or anywhere else in the state, we’re ready to fight for you. Call (817) 203-2220 today to speak with a defense attorney about your reckless driving case.

Varghese Summersett

Bail bond amounts in Texas depend heavily on where you’re arrested. Our analysis of more than 238,000 bail bonds across five major Texas counties reveals that for the same offense, one county may set bond amounts several times higher than a neighboring county. Dallas County emerged as a outlier, with average bond amounts nearly five times higher than some neighboring jurisdictions.

The data, drawn from public bail dashboards in Bexar, Collin, Dallas, Fort Bend, and Harris counties, paints a picture of a fragmented bail system. While reporting variations exist in any dataset of this size, the patterns are too pronounced to dismiss as statistical noise.

How Much Does Bail Cost Across Texas Counties

How Much Does Bail Cost Across Texas Counties?

Among the five major metropolitan counties analyzed, average bail amounts ranged from $14,203 in Bexar County to $42,752 in Dallas County. That means a defendant in Dallas faces average bond amounts roughly three times higher than someone arrested in San Antonio for the same type of offense.

County Total Cases Average Bond Median Bond
Bexar 54,647 $14,203 $4,000
Collin 11,334 $14,977 $3,000
Dallas 64,136 $42,752 $2,500
Fort Bend 10,241 $16,165 $3,000
Harris 45,519 $15,733 $3,000

The stark difference between average and median in Dallas tells an important story. Dallas’s median bond was just $2,500, yet its average soared to $42,752. This gap indicates that while many defendants receive relatively low bonds, a significant number face extraordinarily high bond amounts that skew the average dramatically upward.

Why Is Dallas County an Outlier for Bail Amounts

Why Is Dallas County an Outlier for Bail Amounts?

Dallas County sets bail amounts dramatically higher than its neighbors. The average bond in Dallas was nearly three times higher than Harris County (Houston) and almost three times higher than Collin County (Plano, McKinney). This disparity exists despite similar crime types and comparable population densities across these metropolitan areas.

Our Dallas County bond data analysis of 64,136 cases from January through September 2025 reveals the scope of this discrepancy. The most common bond set in Dallas was just $500, yet extremely high bonds in serious cases pull the overall average to levels seen nowhere else in the state.

For defendants, this means the county of arrest matters as much as the nature of the charge. If you’re facing the same offense in Dallas versus Houston, you could be looking at a difference of tens of thousands of dollars to secure your release.

Accused of a Crime? Every Second Counts.

How Do Drug Offense Bail Amounts Compare?

Drug offenses represent the largest category of arrests leading to bond hearings across all counties studied. In Dallas County alone, 14,091 drug cases resulted in bond settings during the analysis period. The average bond for drug offenses in Dallas was $20,004, with $5,000 being the most commonly set amount.

Here’s how specific drug charges break down in Dallas County:

Drug Offense Cases Average Bond Most Common Bond
Possession CS PG 1 under 1 gram 5,062 $14,034 $5,000
Possession CS PG 1 (1-4 grams) 1,701 $17,564 $5,000
Possession Marijuana under 2 oz 1,480 $862 $500
Possession CS PG 2 under 1 gram 959 $6,315 $1,000
Manufacturing/Delivery CS PG 1 (4-200g) 667 $71,843 $100,000
Possession CS PG 1 (4-200 grams) 618 $29,308 $10,000
Manufacturing/Delivery CS PG 1 (200-400g) 39 $94,256 $100,000
Manufacturing/Delivery CS PG 1 (400+ grams) 42 $205,357 $50,000

The most striking finding: even low-level drug possession charges in Dallas carry average bonds exceeding $14,000. For a state jail felony involving less than one gram of a controlled substance, $14,034 represents a significant barrier to pretrial freedom. Compare this to the $500 bonds commonly set for marijuana possession under two ounces, and the inconsistency within even a single county becomes apparent.

Drug-free zone enhancements add another layer. Possession of less than one gram in a drug-free zone averaged $12,357 in Dallas, with $5,000 being most common. For defendants arrested near schools or other protected areas, these enhancements can substantially increase bond requirements.

Typical DWI Bail Amounts in Texas

What Are Typical DWI Bail Amounts in Texas?

Unlike overall bond amounts where Dallas stands as a dramatic outlier, DWI bonds show more consistency across Texas counties. Fort Bend County averaged $4,999 across 1,174 DWI cases, while Collin County averaged $4,490. Dallas County averaged $4,933 across 6,396 DWI cases. The real disparity emerges with repeat offenders and felony-level intoxication offenses, where judicial discretion creates wider variation.

Here’s how Fort Bend County DWI bonds break down by offense type:

Fort Bend DWI Offense Cases Average Bond Most Common Bond
First-Offense DWI 658 $2,476 $1,500
DWI BAC 0.15 or Higher 149 $4,760 $2,000
DWI Second Offense 139 $5,964 $3,000
DWI Third or More (Felony) 111 $18,959 $10,000
DWI with Open Container 78 $1,881 $2,000
DWI with Child Passenger 38 $10,553 $5,000

Comparing Fort Bend to Dallas reveals interesting patterns. First-offense DWI bonds are similar: $2,476 in Fort Bend versus $1,901 in Dallas. But felony DWI (third or more) shows more variation: $18,959 in Fort Bend compared to $23,755 in Dallas. For DWI with child passenger cases, Fort Bend averages $10,553 and Dallas averages $9,783.

In Dallas County, DWI bond amounts follow a clear escalation pattern based on offense severity:

DWI Offense Type Cases Average Bond Most Common Bond
First-Offense DWI 3,597 $1,901 $500
DWI with Open Container 1,054 $1,811 $500
DWI BAC 0.15 or Higher 293 $2,492 $2,500
DWI Second Offense 766 $3,667 $2,500
DWI with Child Passenger 169 $9,783 $5,000
DWI Third or More (Felony) 436 $23,755 $25,000
Intoxication Manslaughter 25 $285,000 $100,000

The jump from second to third DWI is substantial. A second DWI averages $3,667, while a third or subsequent offense averages $23,755. For intoxication manslaughter cases, the average bond reaches $285,000, reflecting the severity of charges involving death.

If you’ve been arrested for DWI in Dallas County, understanding these ranges can help you prepare for the bond hearing. An experienced attorney can often argue for bond amounts at the lower end of these ranges based on your specific circumstances.

How Assault and Violence Charges Affect Bail

How Do Assault and Violence Charges Affect Bail?

Assault and violence charges represent the second-largest category in our Dallas County analysis, with 10,449 cases. The average bond for assault-related offenses was $28,621, though this varies dramatically based on the specific charge.

Assault Offense Cases Average Bond Most Common Bond
Assault Bodily Injury (Family Member) 3,711 $2,837 $1,500
Assault Bodily Injury 1,035 $2,715 $1,000
Aggravated Assault with Deadly Weapon 1,951 $63,306 $25,000
Assault Family Member (Impeding Breath) 1,098 $27,175 $15,000
Assault Family Member (Prior Conviction) 483 $37,911 $25,000
Assault Peace Officer/Judge 263 $26,554 $25,000
Assault of Pregnant Person 223 $26,803 $10,000
Aggravated Assault (Serious Bodily Injury) 126 $53,359 $50,000
Intoxication Assault 54 $52,093 $10,000

Family violence cases show a particular pattern. A first-time assault causing bodily injury to a family member averages $2,837, but this escalates sharply with aggravating factors. Impeding breath or circulation raises the average to $27,175. A prior conviction pushes it to $37,911. These escalations reflect Texas law’s treatment of repeat family violence offenders and the enhanced penalties they face.

Aggravated assault with a deadly weapon carries an average bond of $63,306 in Dallas County. The most commonly set bond is $25,000, but complex cases involving serious injury can push bonds much higher.

Don't Let This Moment Define Your Life

What Are Theft and Property Crime Bail Amounts?

Theft and property crimes accounted for 8,193 cases in our Dallas County analysis. This category showed the highest average bond of any non-violent offense category at $154,859, though this figure is heavily skewed by high-value theft and robbery cases.

Theft/Property Offense Cases Average Bond Most Common Bond
Theft $100-$750 1,885 $1,315 $500
Theft $750-$2,500 512 $3,814 $1,000
Theft $2,500-$30,000 668 $18,499 $10,000
Theft with 2+ Prior Convictions 1,017 $17,352 $5,000
Theft of Firearm 81 $15,562 $10,000
Theft $30,000-$150,000 229 $26,271 $10,000
Theft over $300,000 23 $92,652 $50,000
Burglary of Vehicle 382 $4,031 $1,000
Burglary of Habitation 388 $33,552 $25,000
Robbery 332 $339,512 $50,000
Aggravated Robbery 552 $111,943 $100,000

The data shows how prior convictions dramatically affect bond amounts. A theft between $100 and $750 averages just $1,315. But theft under $2,500 with two or more prior convictions averages $17,352. Texas law treats habitual offenders more severely, and bond amounts reflect this enhanced scrutiny.

Robbery cases show the most dramatic bond amounts in the property crime category. Standard robbery averages $339,512 in Dallas, while aggravated robbery averages $111,943. These figures reflect the violent nature of robbery charges and their classification as serious felonies under Texas Penal Code Chapter 29 .

How Weapons Charges Are Handled at Bond Hearings

How Are Weapons Charges Handled at Bond Hearings?

Weapons offenses accounted for 3,577 cases in Dallas County, with an average bond of $11,032. The most common charge was unlawful carrying of a weapon, which averaged $2,351 with $1,000 being the most frequently set bond.

Weapons Offense Cases Average Bond Most Common Bond
Unlawful Carrying Weapon 1,972 $2,351 $1,000
Unlawful Possession Firearm by Felon 792 $27,735 $10,000
Discharge Firearm in Municipality 210 $2,790 $1,000
Unlawful Carry with Felony Conviction 96 $30,109 $10,000
Prohibited Weapon 95 $21,334 $5,000
Aggravated Kidnapping with Deadly Weapon 16 $210,625 $250,000

Felon in possession cases show significantly higher bonds. Unlawful possession of a firearm by a felon averages $27,735, while unlawful carry with a prior felony conviction averages $30,109. These enhanced bond amounts reflect the federal and state prohibitions on firearm possession by convicted felons and the seriousness with which prosecutors pursue these charges.

Murder and Homicide Bond Amounts

What Are Murder and Homicide Bond Amounts?

Murder and homicide charges represented 200 cases in the Dallas County dataset. These cases carry the highest bond amounts of any offense category, with average bonds exceeding $1.6 million.

Homicide Offense Cases Average Bond Most Common Bond
Murder 129 $1,384,302 $1,000,000
Manslaughter 35 $3,117,857 $500,000
Capital Murder (During Felony) 22 $1,640,909 $1,000,000
Capital Murder for Remuneration 5 $710,000 No Bond
Capital Murder of Child 10-15 3 $833,333 $1,000,000
Criminally Negligent Homicide 2 $22,500 $15,000

Under Texas Code of Criminal Procedure Chapter 17, defendants charged with capital offenses may be denied bail entirely when the proof is evident. Several capital murder cases in our dataset showed no bond set at all, reflecting judicial determinations that the defendant should be held without bail pending trial.

Watch: Understanding Bail Bonds in Texas

What Factors Affect Bail Amounts in Texas?

Texas law gives judges significant discretion in setting bail. Under the Texas Code of Criminal Procedure, magistrates must consider the nature of the offense, the defendant’s ability to make bail, ties to the community, employment history, criminal record, and any potential danger to the community or victim.

Our data reveals several patterns in how these factors play out in Dallas County:

Prior Convictions Matter Significantly. Across virtually every offense category, prior convictions drive bond amounts substantially higher. A first-time assault averages $2,715, but assault with a prior family violence conviction averages $37,911. The same pattern holds for theft, drug offenses, and weapons charges.

Enhancement Factors Add Up. Drug-free zone enhancements, use of a deadly weapon, targeting vulnerable victims (children, elderly, pregnant women), and impeding breath in family violence cases all trigger higher bond amounts. These aren’t just legal technicalities. They represent real differences in how magistrates view the severity of alleged conduct.

Offense Level Tracks Bond Amounts. Dallas County data shows clear stratification by offense level. State jail felonies average around $4,100. Third-degree felonies average $9,100. Second-degree felonies average $23,800. First-degree felonies average $66,500. Capital felonies average over $1.1 million.

Time of Year Shows Variation. Dallas County bonds showed a 64.9% increase between the first and second half of 2025, from an average of $6,825 to $11,253. November showed the highest average bonds at $14,769, while July showed the lowest at $5,985. The reasons for this seasonal variation warrant further study.

Tough Cases Call For Tougher Lawyers

Can a Lawyer Help Reduce Your Bail Amount?

Yes. An attorney can file a motion to reduce bond and present arguments about your ties to the community, employment, family responsibilities, and ability to pay. Judges have authority to modify bail amounts based on changed circumstances or compelling arguments.

At Varghese Summersett, our criminal defense team has secured bond reductions for clients across Texas. We understand how different counties approach bail decisions and can tailor our strategy accordingly.

In Dallas County, our analysis identified magistrates with notably different approaches to bond setting. Average bonds ranged from around $5,200 to over $10,000 depending on the magistrate. Personal bond rates varied from under 10% to over 19%. Understanding these patterns can inform defense strategy.

Don’t assume the initial bond amount is final. An experienced Dallas criminal defense attorney can often secure a reduction that makes the difference between freedom and continued detention. Call us at (214) 903-4000 for a free consultation.

What This Data Means for Texas Defendants

What Does This Data Mean for Texas Defendants?

These findings reveal a system where pretrial freedom depends heavily on geography. For defendants in Dallas County, the numbers are particularly stark. Average bond amounts nearly three times higher than neighboring jurisdictions create real barriers to pretrial release.

For defendants, this underscores the importance of having an attorney who understands local practices. The right lawyer can advocate effectively within any county’s judicial culture and work to secure the most favorable conditions possible.

For the justice system as a whole, this data points to a need for greater standardization. When the county of arrest determines the price of pretrial freedom more than the nature of the alleged offense, fundamental questions of fairness arise.

Frequently Asked Questions

Frequently Asked Questions About Texas Bail Bonds

How is bail determined in Texas?

Texas magistrates consider the offense charged, criminal history, ties to the community, employment status, ability to pay, and potential danger to the public. However, as our data shows, local judicial practices vary significantly from county to county. Dallas County averages nearly three times higher than Harris County despite similar populations and crime types.

Can you get bail reduced in Texas?

Yes. Your attorney can file a motion for bond reduction and present evidence about your circumstances. Dallas County magistrates reduced bonds in hundreds of cases during our analysis period, with average reductions of over $2,000. An experienced attorney understands which arguments resonate with local judges.

Why are Dallas County bail amounts so high?

Dallas County’s average bail of $42,752 is nearly three times higher than neighboring counties. While specific reasons vary by case, the data suggests differences in local judicial practices rather than differences in offense types. The median bond in Dallas was only $2,500, indicating that extremely high bonds in serious cases pull the average upward.

What happens if you can’t afford bail in Texas?

Defendants who can’t post bail remain in custody until their case resolves. This can take months and often leads to job loss, housing instability, and family separation. Research consistently shows that detained defendants are more likely to plead guilty and receive harsher sentences than those who secure pretrial release.

Take the First Step With a Free Consultation

Get Help With Your Bail Bond

If you or someone you love has been arrested in Texas, the bond amount doesn’t have to be the final word. At Varghese Summersett, our team includes board-certified specialists in criminal law. We’ve secured more than 1,600 dismissals and 800 charge reductions for our clients.

We have offices in Dallas, Houston, and Southlake, giving us deep familiarity with bail practices across Texas’s major metropolitan counties. Whether you’re facing charges in Dallas, Harris, Fort Bend, Collin, or Bexar County, we can help you understand your options and fight for your freedom.

Protect your rights and your record. Call us today at (214) 903-4000 for a free consultation.

Varghese Summersett

I’ve reviewed thousands of DWI reports in my career. The “odor of alcoholic beverage” appears in nearly every DWI police report in Texas, but it tells officers almost nothing about whether you’re actually intoxicated. If you’ve been pulled over and the officer mentions smelling alcohol, you should understand exactly what this observation means for your case and what decisions you’ll need to make in the moments ahead. Those decisions, including whether to consent to field sobriety tests and breath or blood testing, can dramatically impact your defense.

At Varghese Summersett, our DWI lawyers have handled thousands of intoxication cases across Texas. We know how officers use the “odor of alcohol” to justify investigations, and we know how to challenge this evidence when it’s used improperly. The short answer is this: the smell of alcohol on your breath does not prove impairment. It only proves consumption, which is perfectly legal for adults over 21.

How Officers Use the Odor of Alcohol in DWI Investigations

How Officers Use the Odor of Alcohol in DWI Investigations

When a police officer pulls you over, they’re looking for clues that might expand the traffic stop into a DWI investigation. The “odor of alcohol” is one of the first things they document because it helps build the legal foundation for everything that follows. Under Texas Penal Code § 49.04 , DWI requires proof of intoxication, not merely proof that someone consumed alcohol. But officers know that documenting alcohol odor creates a paper trail that arguably sounds stronger than careful analysis proves.

Here’s what typically happens: After stopping your vehicle, the officer approaches your window and immediately notes whether they detect an alcohol odor, often noting it was “on breath” or “on person.” This observation goes straight into the report, often with subjective descriptors like “strong,” “moderate,” or “faint.” These terms have no scientific basis or standardized meaning. One officer’s “strong” might be another officer’s “moderate.” Yet this subjective observation becomes the first brick in the probable cause wall.

Why Alcohol Odor Doesn’t Prove Intoxication

Most people don’t realize that ethanol itself is nearly odorless. What people actually smell when they detect “alcohol on the breath” are congeners, the flavoring compounds and fermentation byproducts that give alcoholic beverages their distinctive tastes and smells. These include acetaldehyde, esters, fusel oils, hops, tannins, and grape compounds.

This chemistry creates several fundamental problems with using odor as evidence:

  • Odor doesn’t correlate with blood alcohol concentration (BAC). Someone who drank two glasses of red wine might produce a much stronger odor than someone who consumed six vodka sodas with a significantly higher BAC.
  • Odor doesn’t indicate quantity consumed. A single craft beer with heavy hops will produce more odor than multiple shots of neutral spirits like vodka.
  • Odor doesn’t indicate timing. Alcohol can linger on the breath for hours after drinking stops, or “mouth alcohol” from recent consumption can create strong odor when systemic BAC is still rising or negligible.

Texas courts have consistently held that the odor of alcohol alone is not sufficient for probable cause to arrest for DWI. It must be combined with other indicators of impairment. To put this another way: you can drink alcohol and drive legally in Texas. The offense is driving while intoxicated, not driving after drinking.

Accused of a Crime? Every Second Counts.

Can Officers Use Alcohol Odor to Justify Further Investigation?

Yes. While alcohol odor alone cannot support an arrest, it can contribute to “reasonable suspicion” that allows officers to expand a routine traffic stop into a DWI investigation. Once an officer claims to detect alcohol odor, they typically request that you exit the vehicle and perform standardized field sobriety tests (SFSTs). This is where your decisions become critically important.

The odor observation serves several strategic purposes for officers. It establishes the probable cause narrative because DWI report templates emphasize “indicia of intoxication” including odor, bloodshot eyes, slurred speech, and unsteady balance. Courts have long accepted odor as one factor supporting reasonable suspicion. It also sounds scientific and objective to juries, even though it’s highly subjective. Perhaps most importantly, it’s nearly impossible to refute. How do you disprove what someone claims to have smelled?

Should You Consent to Roadside Field Sobriety Tests

Should You Consent to Roadside Field Sobriety Tests?

In Texas, you have the right to refuse field sobriety tests. There is no legal penalty for refusing SFSTs on the roadside. While some argue that these tests are designed for failure, the more accurate statement is the tests can only be relied upon as designed if they are administered as designed. Enter the human element: in many cases officers for any number of reasons do not administer the tests correctly. Beyond that, officers never tell you the “clues” of intoxication they are looking for. You’re taking a test, and not quite sure what you being graded on.

Our recommendation: Politely decline field sobriety tests. You can say, “I’d prefer not to participate in any tests without speaking to an attorney first.” This statement is respectful but firm. The officer may still arrest you based on other observations, but you won’t have provided additional evidence against yourself.

Should You Consent to a Portable Breath Test (PBT) on the Roadside

Should You Consent to a Portable Breath Test (PBT) on the Roadside?

Absolutely not. The portable breath testing devices officers carry are not the same as the Intoxilyzer machines at the police station. PBT results are generally not admissible in court in Texas, but officers use them to help establish probable cause for arrest. These devices are less accurate and more prone to error than station-based breath testing equipment.

There’s no penalty for refusing a roadside PBT in Texas. You should politely decline. If the officer asks why, you can simply state that you’ve been advised not to take roadside breath tests.

If you’re facing DWI charges in Texas and have questions about the evidence against you, our attorneys can help. Talk to a lawyer before you speak to police. Call (817) 203-2220 for a free consultation.

What About Breath or Blood Testing at the Station

What About Breath or Blood Testing at the Station?

This is where many people get confused about their rights. Here’s the straightforward answer: Do not consent to chemical testing. Make the state get a warrant for your blood if they believe they have probable cause.

Under Texas Transportation Code Chapter 724, refusing to provide a breath or blood sample will result in an automatic Administrative License Revocation (ALR). Your license will be suspended for 180 days for a first refusal. However, this administrative penalty is often preferable to providing evidence that can be used to convict you.

Here’s why refusal is typically the better choice:

When you refuse, you force the state to obtain a search warrant for your blood. The warrant process creates additional opportunities for review and for procedural errors that can be challenged later. Most importantly, you’re not providing voluntary evidence against yourself.

Many people worry that refusing will look bad to a jury. In reality, experienced defense attorneys can explain to juries why someone might refuse testing without being guilty. You have constitutional rights, and exercising them is not evidence of guilt.

What Happens When You Refuse Testing

If you refuse a breath or blood test, the officer will likely:

  • Confiscate your driver’s license
  • Issue a notice of suspension
  • Apply for a blood search warrant from a magistrate
  • Transport you to a hospital or blood draw location for a forced blood draw (if the warrant is granted)

You should still refuse. Let the officer do their job and obtain a warrant. This creates a paper trail that your attorney can review for errors. Magistrates sometimes deny warrants. Warrants sometimes contain errors that make the resulting blood draw inadmissible. By refusing, you preserve every possible defense.

Don't Let This Moment Define Your Life

DWI Penalties in Texas

Understanding what you’re facing helps explain why protecting yourself during the investigation matters so much. DWI penalties escalate quickly with each offense and with aggravating factors.

First DWI (Class B Misdemeanor): 72 hours to 180 days in jail, up to $2,000 fine, license suspension up to one year.

DWI with BAC ≥ 0.15 (Class A Misdemeanor): Up to one year in jail, up to $4,000 fine, mandatory ignition interlock device.

Second DWI (Class A Misdemeanor): 30 days to one year in jail, up to $4,000 fine, license suspension up to two years.

Third DWI (Third-Degree Felony): 2 to 10 years in prison, up to $10,000 fine, license suspension up to two years.

DWI with Child Passenger (State Jail Felony): 180 days to 2 years in state jail, up to $10,000 fine.

Typical Bond Amounts for DWI in Tarrant County

Based on our analysis of over 6,000 DWI and intoxication cases in Tarrant County, here’s what you can expect for bond:

  • First DWI (Texas Penal Code § 49.04): Most bonds are set at $500, with an average around $950
  • DWI with BAC ≥ 0.15: Most bonds are set at $1,000, with an average around $1,470
  • Second DWI: Most bonds are set at $1,500, with an average around $1,800
  • Third DWI or More: Most bonds are set at $5,000, with an average around $14,200
  • DWI with Child Passenger: Most bonds are set at $1,500, with an average around $3,700

Bond amounts can vary significantly based on your criminal history, whether there was an accident, and other factors the magistrate considers.

How a DWI Defense Attorney Challenges Alcohol Odor Evidence

How a DWI Defense Attorney Challenges Alcohol Odor Evidence

The “odor of alcohol” is fertile ground for cross-examination. When we defend DWI cases, we systematically dismantle this evidence by getting officers to acknowledge what they cannot determine from smell alone.

Under questioning, most officers will admit they cannot determine BAC from odor. They cannot determine quantity consumed from odor. They cannot determine when the person last drank from odor. They received minimal or no training on the chemistry of alcohol odor. Different beverages produce different odor intensities. A person could have a strong odor and be under 0.08, or a faint odor and be over 0.08.

An effective cross-examination establishes that odor is merely a cue of consumption, not intoxication. We highlight that the report language (“strong odor,” “moderate odor”) is nothing more than a subjective description with no standardized scale behind it.

Case Example: DWI Reduced to Obstruction of Highway

Our attorneys recently represented a client in Tarrant County charged with DWI. The police report documented a “strong odor of alcoholic beverage” and bloodshot eyes. Through careful negotiation and challenge of the evidence, we secured a reduction to Obstruction of Highway with 12 months of deferred adjudication. This result meant no DWI conviction on our client’s record and eligibility for record sealing after successful completion of probation.

Past results do not guarantee future outcomes. Every case is unique.

What to Do If You’re Stopped for DWI in Texas

What to Do If You’re Stopped for DWI in Texas

The moments after a traffic stop can determine the outcome of your case. Here’s what you should do:

Be polite and cooperative with basic requests. Provide your license, registration, and insurance. Exit the vehicle if asked. Don’t argue with the officer.

Exercise your right to remain silent. You don’t have to answer questions about where you’ve been, whether you’ve been drinking, or how much you’ve had. You can say, “I’d prefer not to answer questions without an attorney present.”

Refuse field sobriety tests. Politely decline. There’s no legal penalty for refusing SFSTs.

Refuse roadside breath tests. The portable devices officers carry are not admissible anyway. Don’t provide preliminary evidence.

Refuse breath or blood testing at the station. Make the state get a warrant. Yes, your license will be suspended, but you’ll preserve defenses.

Contact an attorney immediately. You have only 15 days to request an ALR hearing to challenge your license suspension.

If you’ve been arrested for DWI in Texas, don’t wait to get legal help. Our team has secured more than 1,600 dismissals and 800 charge reductions across criminal cases. Protect your rights and your record. Call (817) 203-2220 today.

The Stakes Are High. We Leave Nothing To Chance

The ALR Hearing: Protecting Your License

After a DWI arrest, you have 15 days to request an Administrative License Revocation (ALR) hearing. This hearing is separate from your criminal case and focuses solely on whether your license should be suspended. Many people don’t realize they have this right, and failing to request a hearing results in automatic suspension.

The ALR hearing provides several benefits. It allows your attorney to subpoena the arresting officer and question them under oath. It reveals evidence and potential weaknesses in the state’s case. It may result in keeping your driving privileges. And it creates a record that can be valuable for your criminal defense.

Learn more about what you should never do if stopped for DWI and how to defend against DWI charges in Texas.

Take the First Step With a Free Consultation

What to Expect From Varghese Summersett

When you hire Varghese Summersett, you get a team with extensive DWI defense experience. Our firm includes former prosecutors who understand how the other side builds their cases. We have board-certified criminal law specialists. We maintain offices in Fort Worth, Dallas, Houston, and Southlake, with a team of more than 70 professionals.

We examine every aspect of your case, from the initial traffic stop to the chemical testing procedures. We investigate whether the officer had reasonable suspicion for the stop, whether they properly administered any tests, whether the breath or blood testing equipment was properly maintained and calibrated, and whether your constitutional rights were violated at any point.

DWI cases are technical, and the details matter. The difference between a conviction and a dismissal often comes down to evidence that an inexperienced attorney might overlook.

Frequently Asked Questions

Frequently Asked Questions

Can I be convicted of DWI if I refused all testing?

Yes, you can still be convicted based on other evidence, including the officer’s observations of your driving, your physical appearance, and your behavior. However, the state’s case is typically weaker without chemical test results. Refusal makes it harder for prosecutors to prove you were intoxicated beyond a reasonable doubt.

Does refusing testing always result in license suspension?

Yes, under Texas implied consent law, refusing a breath or blood test triggers an automatic 180-day license suspension for a first refusal (two years if you have prior DWI-related contacts). However, you can request an ALR hearing to challenge the suspension, and you may be eligible for an occupational license that allows you to drive for work and essential activities.

What if the officer forced a blood draw without my consent?

Officers can obtain a warrant authorizing a blood draw over your objection. If the warrant was properly obtained, the blood draw is generally legal. However, we carefully review every warrant for procedural errors, false statements, or constitutional violations that could make the results inadmissible.

How long does alcohol odor stay on your breath?

Alcohol can remain detectable on the breath for many hours after drinking, often 12 to 24 hours depending on the amount consumed. This means you can smell like alcohol when your BAC is low or even near zero. This is one reason alcohol odor is such weak evidence of current intoxication.

Can mouthwash or breath spray affect breath test results?

Yes. Alcohol-containing mouthwash, breath spray, and similar products can create a strong alcohol odor and even cause elevated breath test readings for roughly 10 to 20 minutes after use. This is called “mouth alcohol” and does not reflect your true blood alcohol level. Proper breath testing protocols require an observation period to avoid this problem, but officers don’t always follow these procedures correctly.

Get Help From an Experienced Texas DWI Lawyer

The odor of alcohol is largely scientific theater. When you see it in a police report, understand what it really means: the officer smelled something. That’s it. It doesn’t mean you were drunk, it doesn’t mean you were over the legal limit, and it doesn’t prove you’re guilty of DWI.

If you’ve been arrested for DWI in Texas, every piece of evidence in the police report deserves careful scrutiny by a defense attorney who understands the science and knows how to challenge it in court. The decisions you made during the investigation, and the decisions your attorney makes in the weeks ahead, will shape the outcome of your case.

Schedule a free consultation with Varghese Summersett today. Call (817) 203-2220 or contact us online to discuss your case with an experienced DWI defense attorney.

Talk to Our Texas DWI Lawyer

Varghese Summersett

If you’ve been arrested in Fort Worth or anywhere in Tarrant County, one of your first questions is likely: How much will my bond be? The answer depends on the specific charge, your criminal history, and other factors the magistrate considers when setting bail. We analyzed over 52,000 Tarrant County bonds for the year of 2025 to write this article.

At Varghese Summersett, our Fort Worth criminal defense attorneys have helped thousands of clients navigate the Tarrant County criminal justice system. We’ve secured more than 1,600 dismissals and 800 charge reductions across our four Texas offices. Below, we break down typical bond amounts by offense category so you can understand what you’re facing and how an experienced defense lawyer can help.

Knowledge is Power.

How Tarrant County Sets Bond Amounts

When you’re arrested in Tarrant County, a magistrate reviews your case and sets a bond amount. This typically happens within 24 to 48 hours of your arrest. The magistrate considers several factors, including the severity of the charge, your criminal history, whether you’re a flight risk, and whether you pose a danger to the community.

Tarrant County cases are processed through the Tim Curry Criminal Justice Center in downtown Fort Worth. The bond amount is designed to ensure you appear for court dates while balancing your constitutional right to reasonable bail. In some cases, defendants receive a personal bond (also called a PR bond), which means they’re released without paying cash. Our analysis found that about 11.5% of Tarrant County cases received personal bonds in 2025.

Understanding bond categories helps put these numbers in perspective. Misdemeanor bonds are typically under $2,000, while felony bonds range from $3,000 to well over $100,000 depending on the severity. Capital felonies can carry bonds exceeding $1 million.

Talk to a Fort Worth bail bonds lawyer if you need help understanding your options. Call (817) 203-2220 for a free consultation.

DWI and Intoxication Offenses

DWI and Intoxication Offenses

Driving while intoxicated is one of the most common charges in Tarrant County. In 2025, more than 6,000 DWI and intoxication-related bonds were set. The good news for first-time offenders is that bonds for standard DWI charges are relatively modest.

Under Texas Penal Code § 49.04 , a first DWI offense is a Class B misdemeanor. The most common bond set for first-offense DWI in Tarrant County is $500. If your blood alcohol concentration was 0.15 or higher, the charge becomes a Class A misdemeanor under Texas Penal Code § 49.04(d), and the typical bond increases to $1,000.

Repeat offenses carry significantly higher bonds. A second DWI under Texas Penal Code § 49.09(a) is a Class A misdemeanor with typical bonds around $1,500. A third or subsequent DWI becomes a third-degree felony, and bonds commonly reach $5,000 or higher. The average bond for felony DWI in Tarrant County was over $14,000 in 2025.

DWI with a child passenger under 15 years old is a state jail felony under Texas Penal Code § 49.045, with typical bonds around $1,500 to $3,700. These cases carry additional consequences including potential CPS involvement.

Typical DWI Bond Amounts in Tarrant County

  • First-offense DWI: $500 (most common)
  • DWI with BAC 0.15 or higher: $1,000 (most common)
  • DWI Second Offense: $1,500 (most common)
  • DWI Third or More (Felony): $5,000 (most common)
  • DWI with Child Passenger: $1,500 (most common)
  • Intoxication Assault: $15,000 (most common)
  • Intoxication Manslaughter: $75,000 (most common)

Our Fort Worth DWI lawyers have extensive experience defending these cases. In a recent case, we helped a Tarrant County client facing DWI Over 0.15 and unlawful carrying of a weapon get accepted into the Veterans Court program rather than face conventional prosecution.

Drug Offenses

Drug Offenses

Drug charges represent the largest category of criminal cases in Tarrant County, with nearly 12,000 drug-related bonds set in 2025. Bond amounts vary dramatically based on the substance, quantity, and whether the charge involves possession or delivery.

Simple marijuana possession under two ounces is a Class B misdemeanor under Texas Health and Safety Code § 481.121. The typical bond is $500. Larger quantities carry progressively higher bonds, with possession of marijuana between 5 and 50 pounds averaging around $5,000.

Controlled substance possession in Penalty Group 1 (which includes methamphetamine, cocaine, heroin, and fentanyl) carries more serious consequences. Under Texas Health and Safety Code § 481.115, possession of less than one gram is a state jail felony with typical bonds around $1,500. Possession of 1 to 4 grams commonly carries $2,500 bonds, while 4 to 200 grams typically sees bonds of $10,000.

Delivery or manufacture charges under Texas Health and Safety Code § 481.112 carry substantially higher bonds. Manufacturing or delivering 4 to 200 grams of a Penalty Group 1 substance had an average bond of over $62,000 in Tarrant County.

Typical Drug Bond Amounts in Tarrant County

  • Marijuana possession under 2 oz: $500
  • Marijuana possession 2-4 oz: $1,000
  • Marijuana possession 4 oz to 5 lbs: $1,500
  • PCS Penalty Group 1 under 1 gram: $1,500
  • PCS Penalty Group 1, 1-4 grams: $2,500
  • PCS Penalty Group 1, 4-200 grams: $10,000
  • PCS Penalty Group 2 under 1 gram: $1,500
  • Delivery of Marijuana (quarter oz to 5 lbs): $2,500
  • Manufacturing/Delivery PG 1, 4-200 grams: $20,000 (most common)

Drug free zone enhancements can increase both the charges and the bond amount. If you’re facing drug charges, contact our Fort Worth drug lawyers immediately. We recently secured a dismissal for a client charged with possession of a controlled substance in a drug-free zone in Tarrant County.

Protect your future. Schedule a free consultation: (817) 203-2220

Assault and Violent Crimes

Assault and Violent Crimes

Assault charges in Tarrant County range from minor misdemeanors to serious felonies. More than 6,400 assault and violence-related bonds were set in 2025, making this the second-largest category after drug offenses.

Simple assault causing bodily injury is a Class A misdemeanor under Texas Penal Code § 22.01. The most common bond for this offense is $1,000. However, assault charges involving family members carry higher stakes and often higher bonds.

Assault causing bodily injury to a family member is also a Class A misdemeanor for a first offense, with typical bonds around $1,000. If the assault involves impeding breathing or circulation (strangulation), the charge becomes a third-degree felony under Texas Penal Code § 22.01(b)(2)(B), and the most common bond jumps to $10,000.

Prior convictions significantly increase both the charge level and bond amounts. Assault family member with a prior conviction is a third-degree felony with typical bonds of $10,000. Repeat strangulation offenses carry bonds averaging over $34,000.

Aggravated assault with a deadly weapon under Texas Penal Code § 22.02 is a second-degree felony with typical bonds of $10,000, though the average in Tarrant County is over $35,000 due to the wide range of circumstances. Aggravated assault against a public servant averages over $100,000.

Typical Assault Bond Amounts in Tarrant County

  • Assault causing bodily injury: $1,000
  • Assault family member (first offense): $1,000
  • Assault family member with prior conviction: $10,000
  • Assault impeding breath/circulation: $10,000
  • Assault on a pregnant person: $5,000
  • Assault on public servant: $5,000
  • Assault on peace officer/judge: $5,000
  • Aggravated assault with deadly weapon: $10,000 (most common)
  • Terroristic threat (family): $1,500
  • Deadly conduct: $2,500

In April 2025, we secured a dismissal for a client charged with Assault Family Member with Previous Conviction and Impeding Airway in Tarrant County. Another client facing Aggravated Assault with Deadly Weapon had their case dismissed that same month. These results demonstrate what’s possible with aggressive defense representation. Past results do not guarantee future outcomes.

Facing assault charges? Our Fort Worth assault lawyers can help. Free consultation: (817) 203-2220

Theft and Property Crimes

Theft and Property Crimes

Theft charges in Tarrant County range from Class C misdemeanors to first-degree felonies depending on the value of the property taken. Nearly 7,000 theft and property crime bonds were set in 2025.

Under Texas Penal Code § 31.03, theft is classified by the value of the property. Theft of property valued at $100 to $750 is a Class B misdemeanor with typical bonds of $500. Theft of $750 to $2,500 is a Class A misdemeanor with bonds commonly set at $1,000.

Felony theft begins at $2,500. State jail felony theft ($2,500 to $30,000) typically carries bonds of $2,500. As values increase, so do bond amounts, with theft over $300,000 (first-degree felony) averaging over $46,000.

Burglary of a habitation is a second-degree felony under Texas Penal Code § 30.02 with typical bonds of $10,000. Robbery is also a second-degree felony with similar bond expectations. Aggravated robbery under Texas Penal Code § 29.03 is a first-degree felony with bonds commonly reaching $25,000 or more.

Unauthorized use of a motor vehicle under Texas Penal Code § 31.07 is a state jail felony with typical bonds around $1,500.

Typical Theft Bond Amounts in Tarrant County

  • Theft $100-$750: $500
  • Theft $750-$2,500: $1,000
  • Theft $2,500-$30,000: $2,500
  • Theft $30,000-$150,000: $5,000
  • Theft over $300,000: $25,000 (most common)
  • Burglary of building: $2,500
  • Burglary of habitation: $10,000
  • Robbery: $10,000
  • Aggravated robbery: $25,000
  • Unauthorized use of motor vehicle: $1,500
  • Criminal trespass: $500

In July 2025, we helped a Tarrant County client facing both burglary of habitation and assault on public servant. The burglary was reduced to assault bodily injury with 90 days county time served, and the assault on public servant was dismissed entirely.

Don’t face theft charges alone. Contact our Fort Worth theft lawyers: (817) 203-2220

Weapons Offenses

Weapons Offenses

Texas has relatively permissive gun laws, but certain weapons offenses still carry serious penalties. Nearly 3,500 weapons-related bonds were set in Tarrant County in 2025.

Unlawful carrying of a weapon under Texas Penal Code § 46.02 is a Class A misdemeanor for most people, with typical bonds of $1,000. However, if you have a prior felony conviction, unlawful carrying becomes a third-degree felony under Texas Penal Code § 46.04, with typical bonds of $5,000 and averages exceeding $24,000.

Discharging a firearm within certain municipalities is a Class A misdemeanor under Texas Penal Code § 42.12 with typical bonds of $1,000. Prohibited weapons under Texas Penal Code § 46.05 carry bonds typically set at $10,000.

Typical Weapons Bond Amounts in Tarrant County

  • Unlawful carrying weapon: $1,000
  • Unlawful carrying weapon with prior felony: $5,000
  • Felon in possession of firearm: $5,000
  • Discharge firearm in municipality: $1,000
  • Prohibited weapon: $10,000
  • Aggravated assault with deadly weapon: $10,000

Our Fort Worth gun lawyers understand both state and federal firearms laws. Get answers to your weapons charge questions: (817) 203-2220

Sexual Offenses

Sexual Offenses

Sexual offense charges carry some of the highest bond amounts and most severe consequences in the Texas criminal justice system. More than 800 sexual offense bonds were set in Tarrant County in 2025.

Sexual assault under Texas Penal Code § 22.011 is a second-degree felony with typical bonds of $50,000. Sexual assault of a child carries typical bonds of $50,000, while aggravated sexual assault of a child under Texas Penal Code § 22.021 commonly sees bonds of $100,000.

Continuous sexual abuse of a child under Texas Penal Code § 21.02 is one of the most serious charges in Texas. This is a first-degree felony with a minimum 25-year sentence if convicted. Typical bonds are $50,000, though averages exceed $140,000.

Indecency with a child by sexual contact under Texas Penal Code § 21.11 is a second-degree felony with typical bonds of $30,000. Indecency by exposure carries typical bonds of $50,000.

Sex offender registration violations under Texas Code of Criminal Procedure Chapter 62 carry bonds ranging from $5,000 to $50,000 depending on the registration requirement violated.

Typical Sexual Offense Bond Amounts in Tarrant County

  • Sexual assault: $50,000
  • Sexual assault of child: $50,000
  • Aggravated sexual assault of child: $100,000
  • Continuous sexual abuse of child: $50,000
  • Indecency with child (contact): $30,000
  • Indecency with child (exposure): $50,000
  • Online solicitation of minor: $25,000
  • Failure to register as sex offender: $10,000
  • Prostitution: $500
  • Solicitation of prostitution: $1,500

In July 2025, we secured a dismissal for a client charged with aggravated sexual assault of a child in Johnson County. In another Tarrant County case involving 11 counts of continuous sexual abuse of child, we negotiated a plea to one count of indecency by exposure with deferred adjudication, and 10 counts were waived. Past results do not guarantee future outcomes.

Sexual offense charges require immediate legal representation. Contact our Fort Worth sex crimes lawyers: (817) 203-2220

Murder and Homicide

Murder and Homicide

Homicide charges carry the highest bond amounts in the Tarrant County criminal justice system. Only 104 murder and homicide bonds were set in 2025, but the stakes in these cases are extraordinary.

Murder under Texas Penal Code § 19.02 is a first-degree felony carrying 5 to 99 years or life in prison. The most common bond for murder in Tarrant County is $100,000, though the average exceeds $445,000 due to the range of circumstances.

Capital murder under Texas Penal Code § 19.03 is punishable by death or life without parole. These cases carry bonds averaging over $1 million. Capital murder of multiple persons averaged $1.125 million, while capital murder of a child under 10 saw a bond of $10 million in one Tarrant County case.

Manslaughter under Texas Penal Code § 19.04 is a second-degree felony with typical bonds of $50,000. Intoxication manslaughter under Texas Penal Code § 49.08 carries typical bonds of $75,000. Criminally negligent homicide is a state jail felony.

Typical Homicide Bond Amounts in Tarrant County

  • Criminally negligent homicide: $150,000
  • Manslaughter: $50,000
  • Intoxication manslaughter: $75,000
  • Murder: $100,000 (most common)
  • Murder under sudden passion: $500,000
  • Capital murder (multiple persons): $1,000,000
  • Capital murder of child under 10: $10,000,000

If you or a loved one faces homicide charges, time is critical. Contact our Fort Worth homicide lawyers immediately: (817) 203-2220

Family Violence and Continuous Violence

Family Violence and Continuous Violence

Continuous violence against the family under Texas Penal Code § 25.11 is a third-degree felony. This charge applies when a defendant commits two or more assaults against a family member within a 12-month period. In Tarrant County, the typical bond is $5,000, though the average exceeds $13,000.

These cases carry serious collateral consequences, including potential protective orders, loss of firearm rights, and immigration consequences. The designation of family violence on any conviction can affect custody proceedings and employment opportunities.

In April 2025, we handled a continuous family violence case in Tarrant County that we reduced to a Class C assault by contact with 6 months deferred adjudication and a $500 fine. We achieved a similar result in Parker County the same month, where the DA rejected the felony case entirely after we met with prosecutors to present mitigating factors.

Protect your rights in family violence cases. Contact our Fort Worth domestic violence lawyers: (817) 203-2220

Child-Related Offenses

Child-Related Offenses

Charges involving children carry enhanced penalties and higher bonds in Texas. Six hundred child-related offense bonds were set in Tarrant County in 2025, not including sexual offenses against children (which are categorized separately).

Injury to a child under Texas Penal Code § 22.04 ranges from a state jail felony to a first-degree felony depending on the severity of injury and mental state. Injury to a child with intent to cause bodily injury typically carries bonds of $2,500. If serious bodily injury or mental deficiency results, bonds commonly reach $100,000.

Child abandonment or endangerment under Texas Penal Code § 22.041 typically carries bonds ranging from $2,000 to $7,500 depending on the circumstances.

Possession of child pornography under Texas Penal Code § 43.26 carries bonds ranging from $25,000 for fewer depictions to $150,000 or more for larger quantities.

Typical Child-Related Offense Bond Amounts in Tarrant County

  • Injury to child (bodily injury): $2,500
  • Injury to child (serious bodily injury): $100,000
  • Abandonment/endangerment of child: $2,000 to $7,500
  • Online solicitation of minor: $15,000 to $25,000
  • Possession of child pornography: $25,000 to $150,000
  • Child grooming: $15,000

In June 2025, we handled an injury to child case in Fort Bend County that we were able to secure a rejection for at the intake level. In another pre-indictment injury to child case, we secured a 24-month pre-trial diversion contract for a client employed by a professional sports organization.

Other Common Offenses

Other Common Offenses

Several other offense categories appear frequently in Tarrant County courts.

Criminal trespass under Texas Penal Code § 30.05 is typically a Class B misdemeanor with bonds of $500. Evading arrest under Texas Penal Code § 38.04 is a Class A misdemeanor with typical bonds of $1,000, though evading with a vehicle can be a felony with bonds of $5,000 or higher.

Resisting arrest under Texas Penal Code § 38.03 typically carries bonds of $1,000. Failure to identify under Texas Penal Code § 38.02 also carries typical bonds of $1,000.

Tampering with evidence under Texas Penal Code § 37.09 is typically a third-degree felony with bonds commonly set at $2,500.

Violation of a protective order under Texas Penal Code § 25.07 is typically a Class A misdemeanor with bonds of $2,500. Repeat violations or violations involving assault can be felonies with significantly higher bonds.

Bond by Offense Level

Bond by Offense Level

Understanding Texas offense classifications helps predict bond amounts. Here’s what our analysis of 52,320 Tarrant County bonds revealed about average bonds by offense level:

  • Class B Misdemeanor: Average $1,183, typical $500
  • Class A Misdemeanor: Average $1,817, typical $1,000
  • State Jail Felony: Average $5,968, typical $2,500
  • Third-Degree Felony: Average $12,750, typical $5,000
  • Second-Degree Felony: Average $29,545, typical $15,000
  • First-Degree Felony: Average $94,095, typical $50,000
  • Capital Felony: Average $980,357, typical $750,000

These numbers reflect the significant jump in bond amounts as charges become more serious. The gap between misdemeanors and felonies is substantial, and the jump from first-degree felonies to capital felonies is even more dramatic.

Factors That Affect Bond Amounts

Factors That Affect Bond Amounts

While offense type is the primary factor in determining bond, magistrates also consider several other elements that can increase or decrease your bond amount.

Criminal history plays a significant role. Repeat offenders typically face higher bonds than first-time defendants charged with the same offense. Our data shows that enhancement allegations (such as “with prior conviction”) routinely double or triple typical bond amounts.

Flight risk is another major consideration. If you have ties to the community, stable employment, and family in the area, you’re more likely to receive a lower bond or personal bond. Defendants with out-of-state connections or a history of failing to appear may face higher bonds.

The circumstances of the offense matter as well. Aggravating factors such as use of a weapon, injury to vulnerable victims, or commission of the offense while on probation or parole typically increase bond amounts.

Having an attorney present at the magistrate hearing can make a difference. A lawyer can advocate for reasonable bond, present mitigating factors, and argue for personal bond when appropriate.

Accused of a Crime? Every Second Counts.

What to Expect From Varghese Summersett

When you hire Varghese Summersett to defend your criminal case in Tarrant County, you get a team of more than 70 legal professionals working on your behalf. Our attorneys include board-certified specialists in criminal law who have handled every type of charge covered in this guide.

We begin by analyzing the facts of your case and developing a defense strategy tailored to your situation. We negotiate with prosecutors for charge reductions and dismissals when possible, and we’re fully prepared to take your case to trial if that’s what it takes to protect your rights.

Our track record includes more than 1,600 dismissals and 800 charge reductions. We’ve helped clients facing everything from misdemeanor marijuana possession to capital murder.

Frequently Asked Questions

Frequently Asked Questions

How soon after my arrest will bond be set?

In Tarrant County, you must be taken before a magistrate within 48 hours of arrest. This often happens within 6-12 hours of book-in at Tarrant County, and often happens by video conference. The magistrate will inform you of the charges and set your bond amount.

Can I get a personal bond in Tarrant County?

Yes. Our analysis found that about 11.5% of defendants in Tarrant County received personal bonds in 2025. Personal bonds are more common for misdemeanor offenses and defendants with no criminal history, stable community ties, and a low flight risk. Having an attorney advocate for a personal bond can improve your chances.

What if I can’t afford my bond?

If you cannot afford the full bond amount, you have several options. You can use a bail bondsman, who typically charges 10% of the bond amount as a non-refundable fee. Your attorney can also file a motion for bond reduction, arguing that the current amount is excessive under the circumstances.

How can an attorney help with bond?

If your bond is set too high, we can present mitigating factors, argue for personal bond, and explain your ties to the community. We can file a motion for bond reduction and present evidence at a hearing before the judge.

Will my bond amount change if I’m indicted?

Bond can be reset when a case moves from magistrate court to district court. In some cases, the district court judge may increase or decrease bond based on new information or the specific charges in the indictment. This is another reason why having an attorney throughout the process is valuable.

Take the First Step With a Free Consultation

Protect Your Rights. Call Now.

If you’ve been arrested in Fort Worth or anywhere in Tarrant County, don’t wait to get legal help. The decisions you make in the first days after arrest can significantly impact the outcome of your case. Our Fort Worth criminal defense attorneys are available around the clock to answer your questions and start building your defense.

Call Varghese Summersett today for a free consultation: (817) 203-2220

Fort Worth Criminal Defense Practice Areas

Experienced criminal defense attorneys serving Tarrant County

Varghese Summersett

Yes, most forms of gambling are illegal in Texas. Under Texas Penal Code Chapter 47 , betting money or anything of value on games, contests, or sporting events is a criminal offense. The only narrow exceptions are the state lottery, pari-mutuel horse and greyhound racing, certain tribal gaming facilities, and regulated charitable bingo games and raffles.

This means traditional casinos, sportsbooks, online poker for real money, and most mobile betting apps are not legal in Texas.

What Types of Gambling Are Illegal in Texas?

What Types of Gambling Are Illegal in Texas?

Texas takes a broad approach to criminalizing gambling. Under Texas Penal Code § 47.02, a person commits the offense of gambling if they make a bet on the partial or final result of a game or contest, on the performance of a participant in a game or contest, or on a game of chance or skill. This language is intentionally expansive.

This covers far more than just slot machines and blackjack tables. It includes placing bets on football games, playing poker for money with friends under certain conditions, betting on horse races outside approved tracks, using offshore sportsbook websites, and participating in private card games where someone takes a cut. Casino-style gambling is prohibited throughout the state except at limited tribal facilities.

The law also targets the gambling ecosystem, not just individual bettors. Promoting gambling, keeping a gambling place , and possessing gambling equipment are all separate offenses with their own penalty ranges. A person who runs a home poker game and takes a rake from each pot faces more serious charges than someone who simply places a bet.

Talk to a lawyer about your gambling charge. Call (817) 203-2220 for a free consultation.

Is Sports Betting Legal in Texas?

Is Sports Betting Legal in Texas?

No. There is no legalized sports betting in Texas right now, either retail (physical sportsbooks) or online. Texas does not license or regulate any sportsbook operations within its borders.

Legislative efforts to change this have repeatedly failed. HB 1942 in 2023, along with related constitutional amendments, died in the Texas Senate. The earliest realistic window for legalization would be 2027 or later, and even that timeline is uncertain given the political landscape.

Sports wagering is illegal under Texas Penal Code § 47.02(a)(1), which makes it a crime to bet on the partial or final result of a game or contest or the performance of a participant. Beyond the basic illegality, sportsbooks have an additional problem: they charge a percentage on every wager (commonly the take, the rake, or commission). When the sportsbook takes that percentage, it receives an economic benefit, which automatically negates any potential defense under § 47.02(b)(2).

Mobile Sports Betting Apps in Texas

Mobile Sports Betting Apps in Texas

Texas does not license or regulate any mobile sportsbook apps. This means traditional sports wagers placed through apps like DraftKings Sportsbook, FanDuel Sportsbook, or BetMGM are not legal for Texas residents. While these platforms operate legally in other states, they do not have authorization to accept traditional sports wagers from people in Texas.

Daily Fantasy Sports: A Different Category

Daily Fantasy Sports (DFS) apps and pick’em-style contests are treated as a separate category from traditional sports wagering in Texas. Platforms like DraftKings Fantasy, Underdog, PrizePicks, and similar services currently operate in Texas and accept Texas players. The legal theory supporting these platforms is that fantasy contests involve skill in selecting players and constructing lineups rather than simply betting on game outcomes.

This is an important distinction. DraftKings operates two separate products: DraftKings Sportsbook (traditional sports betting, not available in Texas) and DraftKings Fantasy (daily fantasy sports contests, which currently operate in Texas). The same is true for FanDuel and other major platforms.

However, the statutory landscape for DFS remains somewhat unsettled. Texas has not passed legislation explicitly authorizing daily fantasy sports, and the platforms operate based on the argument that they fall outside the Penal Code’s gambling prohibitions. This distinction has been challenged in other states, and the legal status could change if Texas legislators or courts take a different view. For now, DFS platforms continue to accept Texas players, but participants should understand they’re operating in a gray area rather than under clear statutory authorization.

What About Private Poker Games and Social Gambling?

What About Private Poker Games and Social Gambling?

Texas law provides an affirmative defense for gambling in a truly private, social setting. Under Texas Penal Code § 47.02(b)(1-3), gambling is defensible if the activity takes place in a private place, no person receives any economic benefit other than personal winnings, and except for the advantage of skill or luck, the risks of losing and chances of winning are the same for all participants.

On its face, a private card game in someone’s home does not violate the Texas Penal Code as long as participants follow these exceptions. The moment someone charges a seat fee, takes a percentage of pots, or collects membership dues that exceed the actual cost of hosting, the social gambling defense evaporates.

The Problem With Membership Poker Rooms

Membership-club poker rooms have attempted to fit within the social gambling defense by charging membership or seat fees instead of taking a traditional rake from each pot. The idea is that if the “house” never takes money from the pot itself, the economic benefit requirement isn’t violated.

This theory has not been definitively validated by Texas courts, and these clubs operate in a gray area rather than under clear statewide authorization. Litigation involving Texas Card House and local zoning battles in Dallas and Austin highlight the contested nature of this business model. Some operators have been forced to close, while others continue operating under legal uncertainty.

If you’ve been arrested at one of these establishments, either as a player or operator, the legal analysis is more complex than surface-level arguments suggest. The structure of the fees, the accessibility of the location, and how the games were marketed all factor into whether the social gambling defense applies.

Facing charges related to a poker room? Schedule a free consultation.

Online Gambling and Offshore Sites

Online Gambling and Offshore Sites: The Legal Reality

Texas law does not create a regulated framework for online casinos, online poker, or online sportsbooks. Commentary from state law guides treats real-money online gambling as unlawful under existing Chapter 47 provisions, regardless of where the website’s servers are located.

Many websites promote offshore sportsbooks or poker rooms as options for Texans. These sites are not licensed by Texas or U.S. regulators, which creates significant risks: difficulty collecting winnings, banking complications, and no consumer protection if disputes arise. More importantly, using these sites does not change the underlying illegality under Texas law.

The “Private Place” Argument for Online Gambling

Some defendants have argued that placing bets online from their homes should qualify for the private place defense since a private residence is clearly a private location. Texas Attorney General Opinion No. DM-344 directly addressed this argument and rejected it.

The opinion stated: “Just as a private residence would not be a ‘private place’ for purposes of the defense if the public has access to gambling there, neither would it be consistent with the defense here if, for example, anyone who knew the proper ‘telephone number’ and had a computer with a modem could join the games.”

In other words, the accessibility of online gambling platforms to anyone with an internet connection defeats the private place defense, even when the bettor is physically sitting in their own living room. This interpretation has significant implications for anyone charged with online gambling offenses in Texas.

Texas Gambling Offenses and Penalties

Texas Gambling Offenses and Penalties

Texas gambling laws create a tiered penalty structure based on the person’s role in the gambling activity. Simple gambling, meaning placing a bet, is a Class C misdemeanor. But promoting gambling or operating a gambling business triggers more serious charges.

A Class C misdemeanor for simple gambling (§ 47.02) carries a maximum fine of $500 and no jail time. This is the same classification as a traffic ticket. A conviction creates a criminal record that can appear on background checks.

A Class A misdemeanor applies to gambling promotion (§ 47.03), keeping a gambling place (§ 47.04), and possession of gambling devices or equipment (§ 47.06). These offenses carry up to one year in county jail and fines up to $4,000. Repeat convictions for keeping a gambling place can be enhanced to a third-degree felony.

Additional consequences may include civil asset forfeiture (the state can seize money and equipment used in gambling), immigration consequences for non-citizens, professional licensing issues, and difficulty passing background checks for employment or housing.

Bond Amounts for Gambling Charges in Tarrant County

Bond Amounts for Gambling Charges in Tarrant County

If you’re arrested for a gambling offense in Tarrant County, understanding typical bond amounts helps you prepare for the immediate aftermath of an arrest. Based on our analysis of over 52,000 bonds set in Tarrant County, gambling-related charges typically result in lower bond amounts because they’re treated as non-violent offenses.

For keeping a gambling place under Texas Penal Code § 47.04, the most common bond set was $500, with an average around $875. Gambling promotion charges under § 47.03 showed a similar pattern, with typical bonds at $500. Possession of gambling devices or paraphernalia under § 47.06 averaged around $905, with $500 being the most frequently set amount.

Several factors can push your bond higher. Prior criminal history, outstanding warrants, connections to organized crime, or involvement in large-scale gambling operations may result in bonds significantly above these typical amounts. On the other hand, a clean record and strong community ties often support release on lower bond or personal recognizance.

Arrested for a gambling offense? Get help posting bond and building your defense.

Common Defenses to Texas Gambling Charges

Common Defenses to Texas Gambling Charges

Just because you’ve been charged doesn’t mean you’ll be convicted. An experienced criminal defense attorney will evaluate multiple potential defenses based on the specific facts of your case.

The social gambling defense under § 47.02(b) applies when the gambling occurred in a private place with no one receiving economic benefit beyond personal winnings and all participants having equal chances. This defense requires careful documentation of the circumstances and may involve testimony from participants about the structure of the game.

Lack of knowledge can be a defense if you didn’t know gambling was occurring. This is particularly relevant for property owners charged with keeping a gambling place when tenants were running games without the owner’s awareness.

Insufficient evidence challenges whether the prosecution can prove each element of the offense beyond a reasonable doubt. Was money actually wagered? Were the devices actually used for gambling? Did the defendant actually promote or operate the gambling operation?

Constitutional challenges may apply if law enforcement obtained evidence through an illegal search, coerced a confession, or otherwise violated your rights. Evidence obtained unconstitutionally can be suppressed, potentially resulting in dismissal.

Entrapment may apply if law enforcement induced you to commit a gambling offense you wouldn’t have otherwise committed. This defense requires showing that the government’s conduct actually implanted the criminal design in your mind.

Don't Let This Moment Define Your Life.

What Happens After a Gambling Arrest in Texas?

Understanding the criminal justice process helps reduce anxiety and allows you to make better decisions. If you’re arrested for a gambling offense in Fort Worth or the surrounding area, here’s what to expect.

At arrest, you’ll be taken into custody, booked, and processed at the jail. For Tarrant County arrests, this typically occurs at the Lon Evans Corrections Center or the Tim Curry Criminal Justice Center in downtown Fort Worth. You’ll be fingerprinted, photographed, and given the opportunity to post bond. For most gambling offenses, release on bond happens within hours.

Your first court appearance is the arraignment, where you’ll hear the formal charges and enter a plea. For Class C gambling charges, these are typically handled in Justice of the Peace or municipal courts. Class A misdemeanors and felonies are heard in county criminal courts.

During the pretrial phase, your defense attorney will review the evidence, identify legal issues, file motions to suppress illegally obtained evidence, and negotiate with prosecutors. Many gambling cases resolve through plea negotiations, particularly when mitigating factors support a favorable outcome.

If your case goes to trial, the prosecution must prove every element of the offense beyond a reasonable doubt. A jury of six (for misdemeanors) or twelve (for felonies) will decide your fate. At Varghese Summersett, our attorneys have extensive trial experience and prepare every case as if it’s going to a jury.

Protect your rights and your record. Call (817) 203-2220 today.

Can a Gambling Conviction Be Expunged or Sealed

Can a Gambling Conviction Be Expunged or Sealed?

Texas law provides pathways to clear certain gambling convictions from your record, but the options depend on the outcome of your case.

If your case is dismissed or you’re acquitted, you may be eligible for expunction, which completely destroys the arrest record. Expunction is available after waiting periods that vary based on the offense level and how the case resolved.

If you receive deferred adjudication (a type of probation where no conviction is entered if you complete the terms), you may be eligible for an order of nondisclosure. This seals the record from most private background checks while allowing criminal justice agencies to still access it.

If you’re convicted outright, expunction is generally not available. However, a pardon from the Governor can create expunction eligibility in rare cases.

The best way to protect your record is to fight the charge aggressively from the beginning. A dismissal or acquittal provides the clearest path to clearing your record completely.

Our Bench is Deep.

What to Expect From Varghese Summersett

When you hire Varghese Summersett for a gambling charge, you get a team that treats your case seriously regardless of the offense level. Our criminal defense attorneys handle cases across Texas from our offices in Fort Worth, Dallas, Houston, and Southlake.

Your case begins with a thorough investigation of the facts, the evidence, and the legal issues. We identify weaknesses in the prosecution’s case, develop a defense strategy tailored to your situation, and keep you informed at every stage. Whether your goal is dismissal, charge reduction, or vindication at trial, we fight for the outcome that protects your future.

We understand that a gambling arrest can threaten your job, your professional licenses, and your reputation. That’s why we work efficiently to resolve cases favorably while maintaining the discretion you need.

Frequently Asked Questions

Frequently Asked Questions About Texas Gambling Laws

Can I legally bet on horse races in Texas?

Pari-mutuel betting on horse and greyhound races is legal at licensed Texas tracks. This is one of the few statutory exceptions to Texas gambling laws. However, betting on races through offshore sites or unlicensed bookmakers remains illegal.

Are home poker games illegal in Texas?

It depends on how the game is structured. A truly private game among friends in a private home, where no one takes a rake or house cut and all players have equal chances, may fall under the social gambling defense in § 47.02(b). The moment someone profits from running the game beyond their own winnings, it becomes illegal gambling promotion.

What about the poker rooms that charge membership fees instead of rake?

Membership-club poker rooms try to fit within the social gambling defense by structuring their business around fees rather than pot rake. However, their legality remains contested. Litigation involving Texas Card House and zoning fights in Dallas and Austin show that these clubs operate in a gray area rather than under clear legal authorization. Arrests at these establishments can result in serious charges.

What are the penalties for running an illegal card room in Texas?

Keeping a gambling place is a Class A misdemeanor punishable by up to one year in jail and up to $4,000 in fines. If you have prior convictions for the same offense, the charge can be enhanced to a third-degree felony with two to ten years in prison.

Can I be charged for playing online poker from my home in Texas?

Yes. Texas law criminalizes making a bet, not just operating a gambling business. Playing real-money online poker through any platform, whether domestic or offshore, violates Texas Penal Code § 47.02. Attorney General Opinion DM-344 specifically rejected the argument that gambling from home creates a “private place” defense when the gambling platform is accessible to anyone with an internet connection.

Will a gambling conviction show up on background checks?

Yes. Even a Class C misdemeanor gambling conviction creates a criminal record that appears on standard background checks. This can affect employment, housing applications, professional licensing, and immigration status. That’s why fighting for a dismissal or deferred adjudication is so important.

Varghese Summersett

When an 80,000-pound commercial truck causes a catastrophic crash, the difference between a successful claim and a denied one often comes down to evidence. At Varghese Summersett, we conduct aggressive, technology-driven investigations that go far beyond reviewing a police report. Modern commercial trucks leave behind a trail of digital breadcrumbs that can reveal exactly what happened, second by second, in the moments before impact.

Trucking companies and their insurers begin protecting themselves within hours of a crash. They dispatch rapid response teams to secure evidence, download data, interview witnesses, and control the narrative. Without immediate action from a legal team that understands trucking technology, critical evidence can be lost, altered, or destroyed. We level the playing field by launching our own investigation just as quickly, using the same sophisticated tools and techniques.

If you or a loved one was seriously injured in a truck accident anywhere in Texas, time is not on your side. Call (817) 203-2220 for a free consultation with our truck accident lawyers.

The Black Box: Event Data Recorders and Vehicle Modules

The Black Box: Event Data Recorders and Vehicle Modules

At the heart of modern truck accident investigation is the Event Data Recorder, often called the vehicle’s “black box.” While the term may evoke images of aviation disasters, this technology has been integrated into ground vehicles for decades. General Motors first implemented a form of EDR technology in 1974 and added pre-crash data recording capabilities in 1999. Today, the National Highway Traffic Safety Administration defines an EDR as a device that records technical vehicle and occupant information for a brief period before, during, and after a crash.

In commercial trucks, crash data is captured by a suite of interconnected electronic modules. Understanding what each module records is essential to building a complete picture of what happened.

The Engine Control Module (ECM) continuously monitors and controls the engine’s performance while logging critical operational data. This is often the primary source of crash-related information, but it tells only part of the story. The Airbag Control Module (ACM) records data specifically related to crash events, particularly when airbags deploy. The Power Train Control Module (PCM) manages the interaction between the engine and transmission. The Sensing and Diagnostic Module (SDM) detects and records information from various vehicle sensors throughout the truck.

Together, these modules provide not only crash-event data but also Daily Engine Usage information, which offers a broader timeline of the driver’s activities in the hours and days leading up to the collision. Our forensic experts know how to extract data from each of these systems to reconstruct a complete, second-by-second account of the truck’s operation.

What the Black Box Records

The data captured by a truck’s electronic modules can make or break a case. Each data point serves a specific evidentiary purpose in proving negligence.

Vehicle speed data tells us exactly how fast the truck was traveling in the seconds before impact, determining whether speeding was a factor. Brake application data reveals whether and precisely when the driver applied the brakes, indicating reaction time and attempts at evasive action. Throttle position shows the percentage of accelerator pedal application, telling us whether the driver was accelerating, coasting, or attempting to slow down. Engine RPM data provides insight into gear selection and engine stress at the moment of impact.

Steering input data captures the angle of the steering wheel, revealing the driver’s attempts to avoid a collision or showing loss of vehicle control. Seatbelt status indicates whether the driver was properly restrained, which affects both injury analysis and potential contributory negligence claims. Perhaps most importantly, crash pulse data measures the change in velocity (known as Delta-V) and the force of impact, helping accident reconstruction experts determine crash severity and validate or contradict witness accounts.

This objective, electronic evidence often tells a very different story than what the truck driver reports to police at the scene. Contact our truck accident lawyers to discuss how this data could strengthen your case.

Electronic Logging Devices: Enforcing the Rules of the Road

Electronic Logging Devices: Enforcing the Rules of the Road

Driver fatigue is one of the leading causes of trucking accidents. A drowsy driver operating an 18-wheeler poses risks comparable to an intoxicated one. To combat this danger, the Federal Motor Carrier Safety Administration mandates strict Hours of Service regulations, and the introduction of Electronic Logging Devices has revolutionized how compliance is tracked and proven.

The ELD mandate was congressionally required as part of the Moving Ahead for Progress in the 21st Century Act (MAP-21 ). An ELD synchronizes directly with the truck’s engine to automatically record driving time, making it significantly more difficult for drivers to falsify their logs the way they could with paper records.

The federal regulations governing ELDs are specific and stringent. Under 49 U.S.C. § 31137, the FMCSA was required to develop and enforce the ELD mandate. Under 49 C.F.R. § 395.30(a), both the driver and the motor carrier must ensure the accuracy of ELD records. Most critically for litigation purposes, 49 C.F.R. § 395.30(f) prohibits motor carriers from altering or erasing original Hours of Service information or the source data streams that feed into the ELD.

This last regulation is particularly powerful in litigation. When we discover that ELD data has been modified or deleted after a crash, it raises serious questions about what the trucking company was trying to hide and can result in severe sanctions from the court.

What ELD Data Reveals

ELD data creates a verifiable record of a driver’s duty status that we use to establish Hours of Service violations. The data shows precisely when a driver started their shift, how long they drove without rest, whether they exceeded the 11-hour daily driving limit, and whether they violated mandatory 30-minute break requirements.

When our investigation uncovers Hours of Service violations, we can establish that both the driver and the trucking company acted negligently. The driver violated federal law by operating while fatigued. The trucking company either pressured the driver to violate regulations or failed to monitor compliance. Both can be held liable for the resulting crash.

Telematics and GPS: The Virtual Eyewitness

Telematics and GPS: The Virtual Eyewitness

Beyond federally mandated systems, most modern trucking fleets are equipped with advanced telematics systems that integrate GPS tracking, vehicle diagnostics, and communication technologies. These systems serve as a virtual eyewitness to events preceding a truck accident, providing a minute-by-minute account of a truck’s operation.

Telematics data goes far beyond the basic information captured by an EDR. Fleet management systems can reveal the exact route the truck traveled (including any unauthorized deviations), speed at every point along the journey, instances of hard braking or rapid acceleration, patterns of aggressive driving such as speeding or tailgating, vehicle diagnostic information including engine fault codes and maintenance alerts, and real-time communications between the driver and dispatch.

AI-Powered Video Telematics

The technology has evolved dramatically in recent years. Modern AI-powered video telematics systems combine vehicle data with forward-facing and driver-facing cameras, using predictive artificial intelligence to analyze video and data in real time.

These sophisticated systems can provide real-time alerts and post-incident reports on driver inattention, signs of fatigue such as eye closure or head nodding, cell phone use while driving, following too closely, and lane departure without signaling. The system doesn’t just record what happened; it actively monitors for risk factors and can alert fleet managers when dangerous behavior occurs.

This creates a critical issue for trucking companies in litigation. When a fleet management system sends a real-time alert that a driver is fatigued or distracted, the company faces a choice: intervene immediately to prevent a collision, or ignore the warning. If they ignore the warning and a crash occurs, that documented failure to act becomes powerful evidence of conscious indifference to safety, a key element in pursuing punitive damages.

Have questions about telematics evidence in your case? Call (817) 203-2220 to speak with an attorney.

Cell Phone Forensics: The Smartphone Confessional

Cell Phone Forensics: The Smartphone Confessional

Distracted driving by commercial operators has reached epidemic proportions. The FMCSA has found that the odds of being involved in a safety-critical event are six times greater for a commercial driver who is dialing a mobile phone. Consider what that means in practice: a driver dialing a phone takes their eyes off the road for an average of 3.8 seconds. At 55 miles per hour, that is equivalent to traveling the length of a football field completely blindfolded.

Federal regulations under 49 C.F.R. § 392.82 strictly prohibit commercial drivers from using handheld devices while operating their vehicles. Any cell phone use at the time of a crash constitutes a clear violation of federal law and strong evidence of negligence.

Proving that a driver was using their phone at the moment of a crash is often a critical component of our cases. While cell phone billing records can provide a starting point, they frequently don’t tell the whole story. Modern smartphones contain vastly more information than simple call logs. This is where cell phone forensic analysis becomes essential.

The Forensic Extraction Process

Cell phone forensic analysis is a specialized field within digital forensics that focuses on extracting and examining data from mobile devices. The process begins by creating a forensic image, which is a bit-by-bit copy of the phone’s entire contents. This preserves the evidence in its original state and allows for thorough analysis without altering the source device.

The forensic process occurs in two distinct stages. During the Extraction Stage, all data is copied from the device, including information the user may have attempted to delete. Modern forensic tools can often recover deleted text messages, call logs, photos, and app data. During the Analysis Stage, the extracted data is decoded, filtered, and examined for information relevant to the crash.

A thorough forensic analysis can reveal whether the driver was texting or making calls at the moment of impact, complete app usage history showing what applications were active, GPS location data from the phone itself (independent of the truck’s systems), deleted messages or data the driver attempted to hide, and social media activity or streaming that may have caused distraction.

The Legal Framework: The Kuraray Test

Obtaining cell phone data in litigation requires understanding the specific legal framework that governs discovery. In Texas, the Supreme Court case In re Kuraray America, Inc. established a crucial three-part test for the discovery of cell phone data.

First, the party seeking the data must allege or provide some evidence that cell phone use could have been a contributing cause of the incident. This threshold showing is required before any cell phone discovery is permitted. Second, if the first prong is met, the court may order production of data, but only for a time period narrowly tailored to when the use could have contributed to the incident. Courts will not permit fishing expeditions through months of phone records. Third, only if that initial, limited production indicates that cell phone use was actually a factor may the court consider allowing broader discovery.

Post-Kuraray cases have affirmed that a request for a data window of approximately one to two hours surrounding the time of a crash is generally considered reasonable and discoverable, provided the initial showing is made. Our attorneys understand exactly how to satisfy these requirements and obtain the cell phone evidence needed to prove distraction.

Video Evidence: The Unblinking Witness

Video Evidence: The Unblinking Witness

The proliferation of cameras in commercial trucking provides an unparalleled, objective record of crash events. Even basic dash cameras that store footage locally can be invaluable, as video can often be retrieved even if the recording device is damaged in a crash.

Forward-facing cameras capture the road ahead, often recording the other vehicle’s movements, traffic signals, road conditions, and weather at the time of the collision. This footage can corroborate or contradict witness testimony and police reports.

Driver-facing cameras, while more controversial from a privacy standpoint, can be even more revealing. These cameras provide direct evidence of distracted driving, fatigue, impairment, or other negligent behaviors that would otherwise be impossible to prove. When a driver-facing camera captures someone looking down at their phone seconds before impact, no amount of testimony can overcome that evidence.

Modern video telematics systems allow trucking companies to view clips of harsh driving events within minutes, providing what manufacturers describe as “unbiased footage” to mitigate risk. When that footage shows negligent driving and the company failed to act, it becomes powerful evidence for our clients.

We also investigate video sources beyond the truck itself, including traffic cameras, surveillance footage from nearby businesses, other vehicles’ dash cameras, and residential doorbell cameras that may have captured the crash.

Infotainment Systems: Evidence From Every Vehicle

Infotainment Systems: Evidence From Every Vehicle

The focus on digital evidence extends beyond commercial trucks to every vehicle involved in a collision. Modern passenger vehicles are equipped with sophisticated infotainment systems that record a wealth of data about the vehicle and its driver.

These systems, connected to the vehicle’s internal computers, can track location history, trip purposes and destinations, travel times, and driver behaviors including speed, braking patterns, and steering inputs. Specialized forensic analysis of these systems, sometimes compiled into what are known as BERLA reports (named after the forensic software used to extract the data), can provide another layer of digital evidence.

This matters in truck accident cases because it allows us to document exactly what our client was doing at the time of the crash, often proving they were operating their vehicle properly when the truck driver’s negligence caused the collision.

Ready to discuss how digital evidence could help your case? Schedule a free consultation today.

The Forensic Process: From Data to Admissible Evidence

The Forensic Process: From Data to Admissible Evidence

Acquiring digital data is only the first step. Transforming raw electronic information into admissible evidence requires a meticulous forensic and legal process.

Step 1: Immediate Preservation

The first and most critical step is preserving the evidence before it can be lost, altered, or destroyed. Within hours of being retained, we send spoliation letters by certified mail to the driver, the trucking company, and their insurance carrier demanding immediate preservation of the truck and all its electronic components, all EDR, ECM, and telematics data, ELD records and Hours of Service logs, driver qualification files and training records, dispatch communications and route information, maintenance and inspection records, cell phones and electronic devices, and any video footage from the truck or company systems.

In urgent cases, we seek Temporary Restraining Orders to legally compel preservation. Under Texas law, a party who destroys evidence after receiving a preservation notice can face severe sanctions, including adverse jury instructions that tell jurors they may assume the destroyed evidence was unfavorable to the defendant.

Step 2: Acquisition and Discovery

Expert forensic analysts must properly acquire the data to ensure it will be admissible in court. This often involves formal discovery requests, but experienced truck accident lawyers know that the best source of information is frequently the third-party technology provider rather than the adverse party in litigation.

Telematics companies, ELD providers, and cell phone carriers maintain their own records that may be more complete and harder to manipulate than data held by the trucking company. We know how to identify these third parties and compel production of their records.

Lawyers must be competent in the relevant technology to make specific and proper requests for Electronically Stored Information under Texas Rule of Civil Procedure 196.4. Vague or technically imprecise discovery requests allow defendants to produce incomplete data or claim they don’t understand what is being requested. Our technical knowledge ensures we get everything we need.

Step 3: Expert Analysis

Raw data must be analyzed by qualified experts to reconstruct the timeline of events. This involves synchronizing data from multiple sources, including the ECM, ACM, ELD, GPS, telematics video, and cell phone, to create a comprehensive, second-by-second picture of the driver’s actions and the vehicle’s movements.

Our accident reconstruction experts can determine exactly how fast the truck was traveling, when (or if) the driver attempted to brake, whether the driver was distracted or fatigued, and how the trucking company’s policies contributed to the crash.

Step 4: Authentication and Admissibility

Electronic evidence must be properly authenticated to be admitted in court. This typically involves demonstrating that the data came from the purported source and has not been altered since collection. For cell phone data, text messages, and emails, authentication can be accomplished through witness testimony (such as the author or recipient) or through circumstantial evidence including the content, context, and distinctive characteristics of the communication.

Our forensic experts maintain detailed chain-of-custody documentation and can testify to the integrity of the evidence we present.

Step 5: Compelling Presentation

Complex technical evidence must be presented in a way that judges and juries can understand. We work with forensic animators and visualization experts to create color-coded timelines showing the sequence of events, data graphs illustrating speed, braking, and other factors, 3D accident reconstructions, and synchronized video showing multiple camera angles alongside vehicle data.

When jurors can see the truck driver looking at their phone while traveling at 70 mph, see the moment they finally looked up and slammed on the brakes, and see that it was already too late, the evidence speaks for itself.

Advanced Driver Assistance Systems: The Future of Evidence

Advanced Driver Assistance Systems: The Future of Evidence

The same technologies used to investigate accidents are increasingly being deployed to prevent them. Advanced Driver Assistance Systems (ADAS) are becoming common in commercial trucks, offering features like automatic emergency braking, forward collision warnings, lane departure warnings, and adaptive cruise control.

Studies by the Insurance Institute for Highway Safety have shown that these systems can significantly reduce the frequency of truck-related crashes. But ADAS technology also creates new categories of evidence. When a truck equipped with automatic emergency braking fails to stop in time, we can examine whether the system was properly maintained, whether it was disabled by the driver, or whether it malfunctioned.

As these technologies continue to evolve, they will provide even richer sources of data when crashes occur. Our firm stays current on emerging trucking technology to ensure we can leverage every available source of evidence for our clients.

Multiple Parties May Be Liable

Multiple Parties May Be Liable

Unlike typical car accidents where only the other driver may be at fault, truck accidents often involve multiple responsible parties. Our investigation identifies every potential defendant to maximize recovery.

The truck driver may be liable for negligent operation, Hours of Service violations, distracted driving, or impairment. The trucking company may share liability through negligent hiring or retention of dangerous drivers, inadequate training or supervision, pressure to violate safety regulations, failure to maintain vehicles or monitor driver behavior, ignoring real-time safety alerts from telematics systems, or vicarious liability for their employee’s actions.

Other potentially liable parties include cargo loading companies if improper loading caused or contributed to the crash, truck and parts manufacturers if defective equipment played a role, maintenance providers if negligent repairs were a factor, and third parties whose negligence created dangerous road conditions.

How Fault Works in Texas Truck Accident Cases

How Fault Works in Texas Truck Accident Cases

Texas follows a modified comparative negligence rule. Under Texas Civil Practice and Remedies Code § 33.001, you can recover damages as long as you are not more than 50% responsible for the accident. Your recovery is reduced by your percentage of fault.

This makes thorough investigation doubly important. We must prove the truck driver’s negligence while also gathering evidence to counter any claims that you contributed to the crash. Insurance companies routinely try to shift blame to victims. The digital evidence we collect often definitively proves that our client did nothing wrong.

Get the Compensation You Deserve.

The Types of Compensation Available

Truck accident victims often suffer catastrophic injuries requiring extensive medical treatment, rehabilitation, and long-term care. Texas law allows recovery for both economic and non-economic damages.

Economic damages include past and future medical expenses, lost wages and reduced earning capacity, cost of medical equipment and home modifications, and other out-of-pocket costs. Non-economic damages compensate for physical pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium.

In cases involving grossly negligent conduct, such as a trucking company ignoring safety alerts or pressuring drivers to violate Hours of Service regulations, punitive damages may be available. As one trucking company’s own safety training materials bluntly acknowledged, an accident showing improper cell phone use could dramatically increase the value of a case. They know what’s at stake. So do we.

Wondering what your case might be worth? Call (817) 203-2220 for a free case evaluation.

We Level The Playing Field.

Why Insurance Companies Fear Our Investigations

Trucking companies carry substantial insurance policies, often $1 million or more. Their insurers employ teams of adjusters, investigators, and defense attorneys whose job is to minimize payouts or deny claims entirely.

What they fear most is a plaintiff’s attorney who understands trucking technology and knows how to build an airtight case. When we present ECM data showing a driver was speeding, ELD records proving Hours of Service violations, forensic cell phone analysis demonstrating distraction, AI-powered video capturing the driver looking away from the road, and telematics alerts the company ignored, settlement discussions take on a very different character.

At Varghese Summersett, our team of over 70 professionals includes attorneys, investigators, and support staff who work together to build the strongest possible cases. We have the resources and technical expertise to take on major trucking companies and their insurers. They know we are prepared to go to trial if necessary.

Varghese Summersett Personal Injury Team

What to Expect From Varghese Summersett

When you hire our firm to handle your truck accident case, we immediately launch a comprehensive investigation. We send preservation letters within hours to protect critical evidence. We dispatch our team to document the crash site. We identify and subpoena data from the truck’s electronic systems, ELD providers, telematics companies, and cell phone carriers. We work with accident reconstruction experts, forensic analysts, and medical professionals to build a complete picture of what happened.

Throughout the process, you work directly with experienced truck accident attorneys, not paralegals or intake staff. We keep you informed at every stage and make ourselves available to answer your questions. We understand you’re dealing with painful injuries, emotional trauma, and financial stress. Our job is to handle the legal fight so you can focus on recovery.

We handle truck accident cases on a contingency fee basis. You pay nothing unless we recover compensation for you.

Frequently Asked Questions

Frequently Asked Questions

How long do I have to file a truck accident lawsuit in Texas?

Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of the accident to file a personal injury lawsuit. However, evidence preservation is extremely time-sensitive. Black box data can be overwritten, surveillance footage deleted, and trucks repaired or scrapped. Contact an attorney immediately to ensure critical evidence is preserved.

What is a spoliation letter and why is it important?

A spoliation letter is a formal legal notice demanding that the trucking company preserve all evidence related to the crash. Once received, the company has a legal obligation to protect the truck, its electronic data, driver records, and all other relevant evidence. Failure to preserve evidence after receiving this notice can result in severe court sanctions, including instructions to the jury that they may assume destroyed evidence was unfavorable to the defendant.

Can deleted text messages and phone data be recovered?

Yes, in many cases. Forensic analysts create a bit-by-bit copy of the phone’s contents and can often recover deleted messages, call logs, photos, and app data. Even when data appears to be deleted, traces often remain on the device. This is why immediate preservation of the driver’s phone is so critical.

What if the trucking company claims the driver was an independent contractor?

Trucking companies sometimes claim their drivers are independent contractors to avoid liability. However, Texas courts examine the actual relationship, not just labels. If the company controlled the driver’s schedule, routes, equipment, or methods, they may still be liable. Additionally, federal motor carrier safety regulations impose direct obligations on trucking companies regardless of how they classify their drivers.

How much is my truck accident case worth?

Every case is different. The value depends on the severity of your injuries, your medical expenses and lost income, the impact on your quality of life, and the strength of the evidence against the defendants. Cases involving clear violations proven by electronic evidence typically command higher settlements. During your free consultation, we can discuss the factors that will affect your potential recovery.

Texas Personal Injury Practice Areas

Our Texas injury lawyers fight for maximum compensation

Contact Info

Varghese Summersett PLLC
32.7546869 -97.3337789
Varghese Summersett is a premier criminal defense firm based in Fort Worth, Texas. Our attorneys focus exclusively on criminal law and represent clients charged with crimes at both the state and federal level. We handle everything from DWI to capital murder to white collar crime. Collectively, our attorneys bring together more than 100 years of criminal law experience and have tried more than 550 cases before Texas juries. All of our senior attorneys served as former state or federal prosecutors and four are Board Certified in Criminal law, the highest designation an attorney can reach. We are the firm people turn to when the stakes are high and they are facing the biggest problem in their lives.
Address
300 Throckmorton Street, Suite 700
Fort Worth, TX 76102
Phone
817-203-2220

Contact Us

Your Name:
Your Email:
Your Phone:
Your Message: