Stephen A. Nicholas

Since May of 1984, I have been helping people in trouble with criminal law problems, DUI/DWI problems, and family law problems. I am licensed in State and Federal Court, and by the U.S. Supreme Court. I will see a person with a problem in any one of these areas, usually, on the same day as I am contacted. My fees are charged based on the seriousness of the problem, what needs to be done, and taking into account the person's ability to pay. My consultations are free, with no obligation, and will take as much time as necessary to determine the best path forward to a successful resolution.

Criminal Law

Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes

Divorce

Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce

Family Law

Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law

• DWI/DUI Practice Center

• Free Consultation
  Consultations will take as much time as necessary to determine the best path to pursue for the best resolution of the situation.
• Credit Cards Accepted

Texas

Since 1984

Owner

Law Office of Stephen Nicholas

2010 - Current

Partner

Carabin & Shaw

2005 - 2010

Partner

Malaise, Davis & Nicholas

2004 - 2005

Staff Attorney

Nicholas & Barrera

1987 - 2004

Assistant District Attorney

Bexar County District Attorney's Office

1986 - 1987

Staff Attorney

Nicholas & Barrera

1984 - 1986

Intern

United States Magistrate Court

1983 - 1983

Criminal Investigator

Bexar County District Attorney's Office

1977 - 1978

St. Mary's University School of Law

J.D. | Law

1983

Trinity University, San Antonio, Texas

B.A.

1974

Honors: Maintaining Member of the College of the State Bar of Texas

Texas State Bar  # 14991600

Member

1984 - Current

Q. Can I ask for my boyfriend not to be charged with domestic violence assault deadly weapon?

April 15, 2022

A: Are you the complaining witness/"victim" in the case? If you are, then while you are under an obligation to tell the truth about what happened, police reports often vary from what actually happened, but you would be expected to be truthful in whatever you said actually happened. So, having said that, even if whatever your boyfriend did is accurately portrayed, you are able to sign what is known as an affidavit of non-prosecution or words of similar effect, expressing your desire to not prosecute and acknowledging that if the case is dismissed based on the affidavit, you cannot later bring the same claim. The police and district attorney routinely receive these affidavits and either office may even have one you can fill out and turn in. Or, your best bet is to hire a lawyer to prepare one for you, independent from either agency and your boyfriend's lawyer; though, your boyfriend's lawyer is not prohibited from preparing one; it's probably not the best option. Since the police and DAs routinely receive these type of affidavits, they sometime ignore them and at other times pay attention to them, depending on the facts, which are unique in each case. Calling the police that arrested your boyfriend or the DA prosecuting him could also be done, at which time, you could express your wishes. If you are the "victim," you are usually assigned an advocate within the local DA's Office with whom you could also express your opinion. You may also have one assigned at the police department level. At this point, at whatever stage you're in with the process, you are merely a witness and it's the police investigating what they believe is a crime that has been committed, or the DA investigating or prosecuting a crime they believe has been committed, so the point is that they are pursuing a public safety/keep the public safe/overall keeping of the peace issue, that is a larger issue than you and your desires as to what eventually happens. Having said all of that, the short answer is yes, but it likely won't have an immediate effect on the next step the police or DA take, but it you're persistant, it might, in the long run. Best of Luck!

Q. I am on parole in a halfway house. They are locking us in our dorms. Is this legal? I am in Texas.

October 6, 2021

A: If its oversight is by TDCJ-ID, the halfway house operator, more likely than not, has to follow guidelines that TDCJ-ID issues. Are you in the process of being released on Parole from TDCJ-ID? It sounds like you have been released to a transitional type facility. If so, you have to follow their rules. With a little more information, I could give you a better answer. Best of Luck!

Q. I’m on a pre trial diversion agreement. It’s states for me to do a 32hr class. But probation wants

February 18, 2021

A: I'm not sure where you are in Texas, but, in general, pretrial diversion, when the person qualifies and it's offered and you're in the program, is a gift that can be taken away for the slightest infraction or perceived infraction (from the viewpoint of the program leader). It's probably best that you go to whatever program they select so as to not risk losing your ability to have your case dismissed, once you successfully complete the pretrial diversion program. I'm pretty sure you will be prosecuted for the underlying charge if you get booted out of the program, so expect to make some concessions along the way. Best of Luck!