Law Office of Derek W. Emmons, P.C.

San Antonio Criminal Defense Attorney

Law Office of Derek W. Emmons, P.C.

206 East Locust Street
San Antonio, Texas 78212

Phone(210) 775-1181 or(877) 847-4025
Fax (210) 249-0116

E-mail  Contact Derek Emmons

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Law Firm Overview

I am Derek W. Emmons, Attorney at Law. An effective criminal defense lawyer must have detailed knowledge of the law, understanding of the criminal justice system and a drive to help people in need. I have all these qualities and more.

After paying my way through under graduate school, working as a bank teller, I accepted an invitation to attend and then graduated from South Texas College of Law in Houston, Texas. During law school and after graduation, I worked at a personal injury law firm in Houston. In 1998 I moved to San Antonio with my wife and served as a Bexar County Assistant District Attorney before opening my own law firm in San Antonio, the Law Office of Derek W. Emmons, P.C.

A majority of my practice is dedicated to criminal defense. I assist clients with a range of issues, including traffic tickets, DWI, drug crimes, assaults, weapon offenses and murder. Handling felony and misdemeanor cases, I am licensed by the Supreme Court of the State of Texas to practice in all state Courts and in the Western District of Texas Federal Court System.

Building rapport with my clients means building trust. Part of how I do this is by being very hands-on and open with my clients. I don't just tell clients what they want to hear; I tell them the truth about the strengths and weaknesses of their case. Also, I take the time to really talk with clients and explain the legal process. I don't rush clients into making decisions. I give them the information and time they need to make choices they feel comfortable with.

I believe in treating all people with respect, including my clients, the judges and even the opposition. I am approachable and well-liked by those I work with.I approach every case with the goal in mind to achieve a dismissal of the criminal charges. However, when it is time to go to trial, I am aggressive, persuasive and determined to win. I have a proven record of success that speaks volumes about my approach.

Year this Office was Established: 1999

Languages: English and Spanish

Areas of Law

Additional Areas of Law: Motion to Revoke Probation; Bail Bonds

Areas of Law Description

Representing the accused in the San Antonio area, I provide experienced defense in cases involving:


Since 1996, I have been defending clients charged with DWI and DUI. I understand how much is at stake in these cases and will work hard to minimize the impact on you. In Texas, a DUI charge is strictly for someone under 21 years of age who is operating a vehicle with any detectable amount of alcohol in his or her system. The arresting officer does not need to perform a breath test to prove the presence of alcohol. Merely smelling it on a minor's breath is enough cause for a DUI charge. It is not illegal for an adult to have alcohol in his or her system when driving, provided that individual is not intoxicated. If he or she is intoxicated, the police can charge that person with DWI. Both adults and minors can be arrested for DWI. As your defense attorney, I will thoroughly examine all aspects of your arrest, checking to see if the officer performed the field sobriety tests appropriately, the breath test equipment was in proper condition, and the officer had just cause to stop you.

- Drug Crimes

Representing the accused in the San Antonio area, I handle a range of drug-related cases, including: Being under the influence of drugs; Drug sales; Drug possession for personal use; Drug distribution; Drug cultivation; Drug trafficking; Possession of drug paraphernalia; and Illegal sale and possession of prescription drugs. Whether your case involves marijuana, cocaine, heroin, methamphetamine, codeine, Xanax or another substance, I will strive to eliminate the impact of the charge.

- Domestic Violence

I have extensive experience in domestic violence defense. If there is a protective order against you, I can help. If your charge involves a weapon, I will work with you. I will examine all aspects of your case, seeking to minimize the impact of the charge and avoid conviction. A seasoned litigator, I will be prepared to fight to clear your good name in the courtroom. When appropriate, I can seek deferred adjudication on your behalf.

- Theft and Fraud

I provide aggressive and thorough theft and fraud defense for clients. Whether this is your first encounter with the law or you have had a previous case, I will put my years of experience to use for you. You should contact a criminal defense lawyer immediately if you are under investigation for, have been accused of or have been charged with theft or fraud. These offenses include: Shoplifting, Check fraud, Credit card fraud, Burglary, Auto theft, Theft from an employer, Embezzlement, and Forgery. My past clients have included landscapers and construction workers who did not intend to steal from clients, but were forced to use money from one customer to finish a job for another. Whether your situation involves an honest mistake, an alleged bogus contract or another circumstance, I am here to help.

- Weapons Crimes

I handle a range of weapons crimes cases at the state and federal levels, including: Possession of an illegal weapon; Illegal discharge of a firearm; Felon in possession of a firearm; Brandishing a weapon; Possession of assault weapons, brass knuckles, knives and other weapons; Reckless or deadly conduct; Aggravated robbery; and Aggravated assault. If you have been charged with a misdemeanor or felony weapons crime, it is time to hire an attorney. As your lawyer, I will launch an immediate investigation into the charge against you, uncovering the truth of what happened. If the weapon in question belonged to a friend or you did not realize possessing a specific item was against the law, I will make sure the prosecution hears your side of the story.

- Motion to Revoke Probation

No one wants to intentionally violate his or her probation and risk spending time behind bars. However, the strict terms of some probation arrangements make violations more probable. Some common violations include: Failure to report to your probation officer; Being arrested for a subsequent crime; Testing positive for drugs or alcohol; Failing to obtain or retain employment; and Failure to pay restitution. As your legal advocate, I will work hard to keep you on probation and out of jail. For example, if your violation involved testing positive for marijuana, I will pursue an independent test, which may prove a false positive in the initial lab results. My goal is to get you back into compliance.

- Bail Bonds

When a person is arrested, the court can either release the accused on his or her own recognizance or require the posting of bail. An experienced criminal defense attorney, I am licensed to write bonds in San Antonio. I handle bond issues for clients facing a range of misdemeanor and felony charges, including: DWI; Drug crimes; Assault; Theft and fraud; Weapons crimes; and Motion To Revoke (MTR) probation. When I handle your bond issue, that fee is applied directly to the attorney fees of your case. This is just one of the many advantages of hiring a lawyer rather than a bail bondsman.

- Traffic Tickets

I represent drivers in matters involving all types of moving violations, including: Speeding; Driving without a seat belt; Driving with a suspended license; Driving with an expired license; DWI/DUI; and Running a red light. As your attorney, I will strive to get your case dismissed or seek deferred adjudication. Deferred adjudication means that the government will not pursue the case against you if you stay out of trouble for a specified length of time. After the designated time, the case is dismissed.

- Expungement/Nondisclosures

Expungement involves removing all mention of the criminal charge from your record. This includes the destruction of your fingerprint card and all mention of the arrest in computer and hard copy files. After your record is expunged, it is as though the case never happened. To qualify for expungement, the charges against you must have been dismissed or you must have been acquitted. To learn more about expungement, speak with a San Antonio expungement attorney.

Nondisclosure is for individuals who have successfully completed deferred adjudication probation. Deferred adjudication means the prosecution agreed to not pursue your case provided you remain out of trouble for a designated period of time, usually one or two years. While it does not completely remove the charge from your record, nondisclosure restricts access for most job-seeking, apartment renting and educational purposes. Law enforcement officials will still have access to the record, but the general public will not.


Derek W. Emmons Mr. Derek W. Emmons
Founding Attorney
Criminal Law, Traffic Ticket



  • San Antonio Bar Association
  • San Antonio Criminal Defense Lawyers Association
  • Texas Criminal Defense Lawyers Association

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