Law Offices of Richard C. McConathy

10/14/2026

Your phone rang late last night, and now someone you love is sitting in jail. The person who made the call is already saying, "I'll just drop the charges in the morning."

Families tell us this all the time. They believe the person who called the police can decide whether the case goes forward.

Here's what happens in Dallas. A couple argues. Someone calls 911. Police arrive, and someone gets arrested. By morning, everyone wants it over. The spouse heads downtown ready to "take it back," only to learn the decision isn't theirs.

The myth: the victim decides whether the case goes forward.

The fact: the State of Texas decides. The prosecutor controls whether the charges are dismissed. The person who called is a witness, not the one making that decision.

An affidavit of non-prosecution is a sworn statement saying the alleged victim doesn't want the case prosecuted. It may be worth submitting, but it doesn't require the prosecutor to dismiss the case. As Richard McConathy puts it, on its own it's "like shooting a rubber bullet at a tank."

One warning: never pressure someone to change their story or skip court. That can lead to additional criminal charges.

Our family has defended North Texans since 1946. Three generations, and every client chose us privately. Let our family take care of your family.

https://www.mcconathylaw.com/criminal-defense-lawyer/dallas/family-violence-charges/

10/12/2026

Can a first DWI in Dallas County really be dismissed?

If you searched "Dallas County DWI diversion program," you probably heard something like: "You might be able to get it dismissed." That's not wrong. But it's not the whole picture either.

Dallas County doesn't have a single, formal DWI diversion program the way some people imagine. It has several discretionary tracks, and whether any apply depends on the facts of your case, the timing of your decisions, and how your case is presented to the DA's office.

Here is what that actually looks like in practice. A first-time DWI in Dallas County may qualify for DIVERT Court, Felony Pretrial Diversion, the AIM Program, or Veterans Court if military service is part of your background. None of these are guaranteed. All of them require building toward the right outcome, not just checking a box on an application.

A window also matters. Certain decisions need to be made within 120 days of your arrest. Miss that window and some options close permanently, not just for now.

Most people don't realize that completing a diversion track doesn't automatically clear your record. Expunction is a separate legal process. You have to file for it. And depending on how your case resolves, that process may be two years out, or closer to five.

Diversion is not always the right call either. In some cases, contesting the charge is the smarter move. That decision depends on the facts, the county, and what you are trying to protect.

The Law Offices of Richard C. McConathy have handled cases across Dallas, Collin, Denton, and Tarrant counties. Every county works differently. The approach that moves a Dallas prosecutor is not the same approach that works twenty miles north.

If you are trying to figure out which path fits your case, a conversation is the right first step.

https://www.mcconathylaw.com/types-of-dwi/first-dwi/

10/07/2026

If someone you love was just arrested in Dallas County, you've probably been staring at that court date on the paperwork and bracing for the worst. That feeling is normal. You're in good company.

Here's a moment we see often. A mom reaches out the night before her son's first setting. She's taken the day off work. She's rehearsed what she'll say to the judge. She's convinced that tomorrow, at the Frank Crowley Courts Building downtown, everything gets decided.

That's the myth: the first court date is the day your family finds out what happens.

Here's what actually happens. The first setting is a checkpoint, not a trial. The charge is confirmed, a plea is entered, and the next dates get set. Guilt and punishment are not decided that day. In many felony cases, things can look quiet for weeks before a grand jury returns an indictment. That quiet doesn't mean the case went away, and it doesn't mean anyone forgot about your son or your spouse.

Richard McConathy calls what happens next "softening a case up." The Dallas County docket is big, and it moves slowly. The time between settings is where the real work happens: reviewing the evidence, finding weak spots in the State's case, and talking with the prosecutor. A long wait can feel like the system is ignoring you. Often, that wait is what creates an opening.

Our family has been walking people through this courthouse since 1946. That's three generations, and every client we've ever had has chosen us. None were court-appointed. If your family is facing that first setting, let our family take care of your family. We're here 24/7 for criminal emergencies.

https://www.mcconathylaw.com/criminal-defense-lawyer/dallas/

10/05/2026

A court date in the mail can keep a whole family up at night. You don't know where to go, what to expect, or whether someone you love walks out of that building the same day.

Picture a mom with her son's first setting coming up at the Frank Crowley Courts Building on Riverfront. She checks the county court portal every night. The case looks quiet, and she can't tell if that means the charge went away or something worse is coming. She pictures a judge deciding everything that morning. She hasn't slept in days.

The first setting is a checkpoint, not a trial. The charge is confirmed, a plea is entered, or the case is announced, and the next date gets set. Nothing about guilt or innocence is decided that day.

On a felony, the case can look inactive for a while before a grand jury returns an indictment. That quiet does not mean the system forgot you. The real work happens between settings, in conversations with the prosecutor about the evidence and the offer. Richard McConathy calls that stretch "softening a case up." In a docket the size of Dallas County's, time and patience can work in your favor when someone is using them well.

That's why the lawyer beside you matters. Richard has never taken a court appointment. Every client has chosen our firm and hired us privately, and three generations of our family have been walking North Texas families through the courthouse since 1946.

If someone you love has a date at Frank Crowley, you don't have to walk in guessing. Let our family take care of your family.

https://www.mcconathylaw.com/criminal-defense-lawyer/dallas/

09/30/2026

If someone you love was just arrested for DWI in Dallas, the first thing you probably searched for was whether there is a diversion program that could make this go away. Here's where most people get it wrong.

No single Dallas County DWI diversion program exists to apply to. No form to fill out, no office to call on Monday morning. What actually exists are different specialty court programs and discretionary resolution options. Veterans Court may be available for qualifying service members, and other pretrial diversion options may apply depending on the charge and circumstances. Each path has its own rules and eligibility requirements. None of them are automatic.

The myth is that diversion is a checkbox. In reality, available options depend on the specific facts of the arrest, what the record shows, and the circumstances of the case.

A 15-day window may also matter for your driver's license. If you are served with an ALR suspension notice, Texas DPS generally gives you 15 days from the date you are served to request a hearing to contest the suspension. That deadline is separate from the criminal DWI case.

The Law Offices of Richard C. McConathy have handled DWI cases at the Frank Crowley Courts Building for years. Every client is privately retained.

If you are trying to understand which path, if any, fits this situation, that conversation starts here.

https://www.mcconathylaw.com/dwi-process/pretrial-diversion-programs/

06/26/2026

05/26/2026

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05/08/2026

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