Mark represents clients in Brazos and surrounding counties in all types of offenses, including:

Offenses Against Property

• Arson
• Criminal mischief
• Criminal trespass

Theft Offenses

• Theft
• Forgery
• Credit card abuse
• Burglary of a building or habitation
• Unauthorized use of a motor vehicle
• False statement to obtain property or credit
• Hindering secured creditors
• Money laundering
• Insurance fraud

Offenses Against the Person

• Assault
• Aggravated assault
• Kidnapping
• Unlawful restraint
• Trafficking of persons
• Deadly conduct
• Abandoning or endangering a child
• Harassment
• Terroristic Threat
• Manslaughter
• Murder
• Injury to a child/elderly
• Sexual assault
• Aggravated sexual assault
• Continuous sexual abuse of a child
• Indecency with a child by exposure or contact
• Public lewdness
• Possession of child pornography
• Online solicitation of a minor
• Indecent exposure
• Invasive visual recording
• Improper relationship between educator and student
• Robbery
• Aggravated robbery
• Prostitution
• Promotion or compelling prostitution
• Stalking

Offenses Against Public Administration

• Bribery
• Tampering with witness
• Obstruction or retaliation
• Perjury
• Aggravated perjury
• False report to peace officer
• Impersonating public servant
• Tampering with or fabricating physical evidence
• Unlawful carrying of a weapon
• Possession of prohibited weapon
• Gambling
• Failure to identify
• Resisting arrest
• Evading arrest
• Failure to ID
• Possession of a fictitious driver’s license
• Hindering apprehension
• Escape
• Bail jumping and failure to appear
• Violation of a protective order
• Interference with public duties
• Riot
• Abuse of official capacity
• Disorderly conduct
• Obstructing a highway or other passageway

Probation Revocations

Motions to Revoke Probation, Motions to Adjudicate, Motions to Proceed

Individuals who are on community supervision or deferred adjudication can have a warrant issued if their probation officer alleges they violated any of the court-ordered terms of their probation. Should a judge determine that the probationer violated one of these terms at a hearing, that judge has the option of modifying the probation or revoking the term of community supervision and sentencing the individual to jail or prison. With significant improvement in their compliance with the terms of their probation, many probationers can have their motion to revoke probation dismissed or the conditions of probation modified without serving jail time. Retaining an attorney familiar with probation procedures and resources available for persons with substance abuse problems and other issues can often assist in avoiding incarceration. Mark Maltsberger has this experience and often has clients reinstated to their probation with minimum consequence.

Administrative License Revocations & Occupational Driver’s License

Section 724.011 of the Texas State Transportation Code states that anyone who is arrested in Texas for DWI “is deemed to have consented, subject to this chapter, to submit to the taking of one or more specimens of the person’s breath or blood for analysis to determine the alcohol concentration or the presence in the person’s body of a controlled substance, drug, dangerous drug, or other substance.” The penalty for refusing to take a breath or blood test is in addition to the standard penalties for DWI. Even if you are acquitted of DWI charges, you still face these administrative penalties:

• First Offense: License suspension of 180 days
• Second Offense Within 10 Years of DWI Arrest:
  License suspension of 2 years

However, if your license is administratively suspended for refusing to take a BAC test, you can apply for an occupational license that may allow you to drive to and from work, and to perform essential household duties.

Seizure & Forfeiture of Property & Funds

Under Chapter 59 of the Code of Criminal Procedure, a Texas law enforcement agency may seize and attempt to forfeit your interest in your property (including money) if it is deemed to be “contraband.” Contraband can generally be defined as:

• Property used or intended to be used in the commission of many felonies and certain misdemeanors
• Property that is the proceeds gained from the commission of many felonies, certain misdemeanors, and crimes of violence
• Property acquired with proceeds gained from the commission of many felonies, certain misdemeanors, and crimes of violence
• Property used or intended to be used to facilitate the commission of certain crimes against children.

If served with a Notice of Seizure and Intended Forfeiture following your arrest or any contact with a law enforcement officer, it is vital to protect your interest in your property and to avoid its forfeiture to the State of Texas. Mark Maltsberger stands ready to assist you in negotiating and obtaining the return of your property in a timely manner.