If you cannot find the answer to your question, please contact us at j.bailey@mcshanelegal.com or schedule your free consultation using the link below.
The Law Office of J. Bailey McShane IV primarily serves the Dallas–Fort Worth Metroplex and surrounding counties, including Dallas, Tarrant, Collin, Denton, Wise, Parker, Rockwall, Grayson, and Cooke.
In addition, Mr. McShane maintains a limited civil and criminal practice in Brewster, Jeff Davis, and Presidio counties, where he previously lived. He is also available to handle criminal cases in Hudspeth, Culberson, and Aransas counties. While he is based in DFW, Bailey is willing to travel statewide depending on the needs of the case.
Short Answer:
It is strongly inadvisable to speak with law enforcement without first consulting an attorney.
Long Answer:
There are too many unknown factors to safely navigate such a situation without legal guidance. If law enforcement has contacted you, there is a strong likelihood that you are, at minimum, a person of interest in an investigation. Any statement you provide—no matter how innocent—can be taken out of context and later used against you in court.
It is critical to have an experienced attorney handle all communications with law enforcement to protect your rights and ensure that you do not unintentionally jeopardize your case.
Short Answer:
As an attorney, I advise you to self-surrender—but it is strongly recommended that this be negotiated and arranged through legal counsel.
Long Answer:
In most cases, warrants cannot simply be dismissed or quashed. While there are legal remedies to challenge a warrant, they are rarely applicable. The best course of action is typically to arrange a controlled self surrender to the jail.
An attorney can often negotiate a bond in advance, allowing for a "walk-through" arrest and minimizing disruption to your life. This process can help you avoid being arrested at work, at home during early morning hours, or during a routine traffic stop.
Bailey has successfully negotiated the self-surrender of numerous clients, including those facing serious charges such as first-degree felonies.
Importantly, voluntarily surrendering does not mean you are admitting guilt or wrongdoing—it simply means you are addressing the warrant in a controlled, strategic, and calculated manner.
The length of a case can vary greatly and is difficult to predict. Some cases are resolved in a single court setting, while others may take months or even years to conclude. Many factors influence the timeline, including the complexity of the case, the specific court’s scheduling practices, and how the opposing side chooses to proceed. Every court handles cases differently, and much of the process is driven by the court’s calendar and statutory procedural requirements.
Short Answer:
You can be prosecuted based on a mere allegation, and the State can move forward with its' case regardless of the accuser’s wishes.
Long Answer:
Once an accusation is made, the accuser is no longer a party to the case. A criminal case is officially the State of Texas versus the accused individual—not the accuser versus the accused. The accuser becomes a witness, and the State has the discretion to continue prosecuting the case, even without the accuser’s cooperation.
Texas law follows the "one witness rule," meaning a person can be convicted based solely on the testimony of one credible witness if a jury believes that testimony beyond a reasonable doubt. Because of this, selecting the right attorney to defend you is absolutely critical to protecting your rights and your future.
While it may seem minor, even a speeding ticket is technically a criminal offense. Any criminal conviction—no matter how small—can carry lifelong consequences. For example, a speeding conviction can raise your insurance rates and limit your eligibility for certain professional licenses.
More seriously, two prior theft convictions—even for minor offenses—can elevate a future charge to a felony. Additionally, recent changes in the law allow an assault by contact with a family violence finding which carries a severe consequences. Although it may only result in a fine, such a conviction could permanently affect your right to own firearms and limit your ability to clear your record in the future.
Unfortunately, Bailey has seen many individuals pay a ticket without realizing the long-term impact on their lives. Don’t risk inadvertently altering your future—seek legal advice before taking action.
While it is your right to represent yourself, it is rarely advisable—especially in criminal matters. In Texas, there are no exceptions or special protections for individuals who do not understand the law. Even in a seemingly minor Class C misdemeanor case, missing appellate deadlines, misunderstanding plea consequences, or unknowingly accepting terms that affect your future could have serious, lasting effects—including a permanent criminal record.
In more serious criminal cases, you could be facing jail or prison time. Courts expect all parties—including those representing themselves—to know and follow the rules of procedure and evidence. Attorneys are trained to present evidence properly, protect your rights at every stage, and navigate complex legal issues strategically.
In short, “close enough” only counts in horseshoes and hand grenades. This does not cut it when your freedom, your future, and your reputation are on the line. Hiring an experienced attorney is critical to ensuring you are fully protected.
The Americans with Disabilities Act (ADA) provides broad protections for individuals with disabilities. However, these protections are often underenforced, and every case must be evaluated carefully. Unfortunately, there are instances where individuals attempt to exploit the ADA for personal gain, which makes courts and juries especially cautious when hearing these claims.
Even when the law is on your side, success depends heavily on the specific facts of the case and how they are presented. A negative verdict is still possible if the facts are not compelling to a jury. Careful case evaluation and strategic presentation are essential.
As a disabled veteran, Mr. McShane has personally experienced discrimination and is deeply committed to aggressively pursuing ADA violations on behalf of his clients.
Disability rights are governed by two different laws depending on where the violation occurs. The Americans with Disabilities Act (ADA) applies broadly to most public places, including airports. However, once you are on a plane, airlines operate under the Air Carrier Access Act (ACAA), not the ADA.
The ACAA provides a process for filing complaints through the Department of Transportation (DOT). When a complaint is submitted, the airline must review it and report their findings both to the DOT and to the individual who filed the complaint. However, the Fifth Circuit Court of Appeals has ruled that the ACAA does not offer a personal right to sue the airline for damages—unlike the ADA.
In practical terms, this means that if you experience discrimination while flying, you may receive a letter acknowledging a violation, but you likely will not be able to seek civil damages against the airline. This is an outcome that Bailey has personally received multiple times.
Bailey shares your frustration, having personally experienced discrimination under these circumstances. While he actively supports pursuing legislative change, current law limits the available remedies. Contacting your elected representatives is often the most effective way to push for stronger protections and real accountability in air travel.
As a veteran himself, Mr. McShane is proud to assist fellow veterans with their claims and appeals. He is currently completing the accreditation process with the Veterans Administration and looks forward to offering full support in this area. In the meantime, he is happy to provide guidance and assistance where possible to ensure that veterans' rights are fully protected throughout the claims process.
While Bailey primarily focuses on criminal defense, he is also experienced in general civil litigation. Criminal and civil law are very different, and civil law itself contains many sub-specialties. Bailey founded his firm with the goal of helping people achieve the best outcome for their specific needs.
If your matter falls within his area of experience, he will gladly assist. However, if your case would be better served by an attorney with a more specialized civil practice, Bailey will provide honest guidance and referrals to ensure you are in capable hands. Every case is fact and law-specific, and providing the right direction—even if it means recommending another attorney—is part of his commitment to serving your best interests.
Schedule a free, confidential consultation today to discuss your case and learn how the Law Office of J. Bailey McShane IV can help protect your rights.
Protecting Your Rights. Defending Your Future.
Copyright © 2025 Law Office of J. Bailey McShane, IV PLLC - All Rights Reserved.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.