John de la Viña is the founding attorney of De La Vina Law, PLLC, proudly serving the Austin community and surrounding Central Texas courts. A native Texan, John earned his degree from Texas A&M University before attending St. Mary’s School of Law in San Antonio.
John’s practice is built on one simple principle: clients deserve more than cookie-cutter legal help—they deserve an advocate who will fight for them personally. He has successfully represented clients in both state and federal courts, handling complex criminal defense and serious personal injury matters with skill, creativity, and persistence.
What sets John apart is his old-school dedication combined with modern strategy. He provides individualized attention to every client, treating each case as if it were his only one. Whether you are facing criminal charges or recovering from an accident, John’s mission is to protect your rights, fight for your future, and pursue the best possible outcome for your situation.
If you want an attorney who values substance over flash, and who believes in standing shoulder to shoulder with his clients in and out of the courtroom, John de la Viña is the lawyer you can trust.
A DWI charge in Texas can threaten your license, your freedom, and your reputation. We attack the state’s evidence from the start — from the traffic stop to the breath or blood test.
Up to 180 days in jail and $2,000 in fines for a first offense; license suspension up to one year.
We scrutinize the stop, challenge field sobriety tests, and question lab accuracy. Our goal — get your case dismissed or your charges reduced before they ever reach trial.
Texas drug laws are unforgiving — possession, delivery, or manufacturing charges can follow you for life.
Felony convictions can mean 2–20 years in prison and thousands in fines, depending on the type and amount of drug.
We attack unconstitutional searches, bad warrants, and weak lab results. We make prosecutors prove every element — or we tear their case apart piece by piece.
Allegations of assault or domestic violence can destroy reputations before guilt is ever proven.
Up to one year in jail for misdemeanor assault; felony domestic violence can bring 2–10 years in prison.
We expose false accusations, inconsistent statements, and self-defense evidence. We fight to protect your record, your rights, and your future.
From shoplifting to major fraud, Texas treats theft harshly — even small cases can derail careers.
Class B misdemeanor up to 180 days in jail; felony theft over $2,500 can mean years in prison.
We challenge intent, ownership, and police procedure. Often, we negotiate dismissals, restitution agreements, or charge reductions to keep your record clean.
Federal prosecutors play by different rules — and they come with nearly unlimited resources.
Lengthy mandatory minimum sentences and federal prison time; fines reaching hundreds of thousands.
We fight at the federal level using precision, preparation, and pressure. From early plea strategy to trial, we protect your rights against the full power of the U.S. government.
Your past shouldn’t define your future. We help clear or seal old criminal records to restore your reputation.
Old convictions or arrests can block jobs, housing, and licenses for years.
We identify eligibility, file the right petitions, and push your case through Texas courts quickly and efficiently.
Injured by a careless driver? We take on insurers who want to pay you as little as possible.
Medical debt, lost wages, and long-term pain — while insurance companies delay or deny claims.
We collect evidence fast, prove fault, and demand every dollar you deserve. If they stall — we sue.
18-wheelers cause devastating injuries, and trucking companies move quickly to protect themselves — not you.
Massive medical costs and permanent disability.
We secure black box data, driver logs, and maintenance records before they disappear. We hit them with facts, force, and filings.
Motorcyclists are too often blamed for crashes they didn’t cause. We know how to fight bias in the courtroom.
Severe injuries, high medical bills, and insurance bias.
We prove negligence through accident reconstruction and witness testimony — and fight to recover maximum damages.
Losing a loved one because of someone’s negligence is unforgivable. We bring the fight to those responsible.
Emotional devastation, loss of income, and overwhelming costs.
We pursue full compensation for funeral costs, lost support, and emotional anguish — holding every negligent party accountable.
Catastrophic injuries require lifelong care and strong legal representation.
Permanent disability, paralysis, and loss of independence.
We partner with medical experts to calculate full lifetime damages — and we won’t settle for less than your future requires.
When insurers delay, deny, or underpay legitimate claims, we take the fight to them.
Financial hardship and emotional stress caused by insurance manipulation.
We expose unfair tactics, use bad-faith laws to your advantage, and force insurers to pay — or face court.
The second you hire us, we move fast — contacting prosecutors, investigators, and courts to get ahead of the case. Evidence disappears quickly; we make sure it doesn’t.
We break down every detail — police reports, witness statements, video footage, and lab results. We find inconsistencies, illegal searches, and procedural mistakes others overlook.
Once we identify weaknesses in the state’s case, we build your defense plan and go on offense — filing motions, challenging evidence, and forcing prosecutors to defend their work.
We never beg for deals. We negotiate from a position of power — with trial preparation as our leverage. When they know we’re ready to fight, better outcomes follow.
If trial is necessary, we go in prepared to win. Clear strategy, sharp cross-examinations, and relentless advocacy — we own the courtroom.
When the case ends, our work doesn’t. We guide you through expunctions, record sealing, or civil recovery — making sure you walk away with a clean slate.
A surprising number of injured people walk away from a car accident thinking they got lucky, only to wake up a day or two later with pain, headaches, dizziness, numbness, or stiffness that was not there at the scene.
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When another driver causes a crash, most people are not thinking about evidence, insurance strategy, or deadlines. They are thinking, “Is everyone okay?” and “What do I do now?” That is exactly why a simple checklist matters.
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An arrest in Austin creates immediate panic. One phone call from the Travis County Jail usually triggers the same questions: Where are they? When will they see a judge? How do we get them out? And what should we do right now?
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Texas follows a modified comparative fault rule, which means you can still recover damages as long as you were not more than 50% responsible for the accident. However, your recovery will be reduced by your percentage of fault. For example, if you are found 30% at fault and your damages are $100,000, you can still recover $70,000.
Insurance companies often try to use comparative fault to reduce payouts, sometimes unfairly blaming victims for accidents they didn’t cause. This is why having a lawyer is so important. At De La Vina Law, PLLC, we push back against exaggerated fault claims and present evidence to minimize your share of responsibility.
Even if you believe you may have contributed to an accident, don’t assume you have no claim. Texas law still allows for recovery in many cases, and a skilled lawyer can make the difference between walking away with nothing and securing the compensation you need.
Medical bills are often the most stressful part of recovering from an accident. In Texas, there are several ways these bills may be handled, depending on the circumstances.
If you have health insurance, your provider may cover treatment, but they may also seek reimbursement from any settlement or judgment you receive. If you don’t have insurance, hospitals and doctors may agree to treat you under a “letter of protection,” which allows them to be paid out of any recovery. Auto insurance policies may also include personal injury protection (PIP) or medical payments coverage, which can help cover immediate expenses regardless of fault.
The bottom line is that every case is different, and managing medical bills requires strategy. At De La Vina Law, PLLC, we help clients coordinate with providers, negotiate bills, and ensure that medical expenses are addressed as part of the overall recovery. Our goal is to maximize what clients take home, not just to win a settlement on paper.
Insurance companies often move quickly after an accident, offering settlements that may seem generous at first glance. However, these initial offers are usually designed to minimize payouts, not to fully compensate victims.
Accepting an insurance company’s first offer can leave you without the resources you need for future medical treatment, rehabilitation, or lost earning capacity. Once you accept a settlement, you usually cannot go back and ask for more, even if your condition worsens.
An experienced personal injury lawyer can evaluate whether an offer is fair and negotiate for a better outcome. At De La Vina Law, PLLC, we analyze medical records, consult with experts, and calculate the true value of your case. We then negotiate aggressively with insurers, and if they refuse to act in good faith, we are prepared to take your case to court.
Simply put, having a lawyer on your side levels the playing field against insurance companies and ensures you are not pressured into a settlement that doesn’t meet your needs.
When someone is arrested in Travis County—whether for a DWI, misdemeanor, or felony—the process begins quickly, and the decisions made in the first 24–48 hours can shape the outcome of the case.
After an arrest, the individual is typically taken to the Travis County Jail in downtown Austin, where they will be booked. Booking involves recording personal information, taking fingerprints and photographs, and listing the charges. Once booking is complete, the person will wait to see a magistrate judge, usually within 24–48 hours. At this hearing, the judge reviews the charges and sets bail or conditions for release.
For many clients, this stage feels overwhelming—but it’s also when having a lawyer makes the biggest difference. At De La Vina Law, PLLC, we immediately review the arrest details, challenge any constitutional violations (such as unlawful searches or Miranda violations), and begin working to secure release. In some cases, this means requesting a personal bond or arguing for a reduced bail.
From there, the case enters the pretrial stage. The prosecution will gather police reports, witness statements, and evidence. This is where strategy comes into play: a strong defense often means filing motions to suppress illegally obtained evidence, negotiating for reduced charges, or preparing to take the case before a jury.
In Travis County, cases can move slowly due to crowded dockets, but that can actually work in your favor—time gives your defense team the ability to build a stronger case, locate witnesses, and expose weaknesses in the state’s evidence.
For clients, the most important thing to understand is this: an arrest is not a conviction. From the moment you are taken into custody, you still have powerful constitutional rights. At De La Vina Law, PLLC, our job is to protect those rights and to fight for the best possible outcome—whether that means dismissal, reduction of charges, or a not guilty verdict at trial.
If you or a loved one has been arrested in Austin, call 512.897.3325 immediately. The earlier we get involved, the stronger your defense will be.
Driving While Intoxicated (DWI) is one of the most common criminal charges in Austin, but it is also one of the most misunderstood. Many first-time offenders believe a DWI is just a traffic ticket—but under Texas law, it is a serious criminal offense with long-lasting consequences.
A first-offense DWI is usually charged as a Class B misdemeanor, carrying penalties of up to 180 days in jail, fines up to $2,000, and a driver’s license suspension. If your blood alcohol concentration (BAC) is 0.15 or higher, the charge can be enhanced to a Class A misdemeanor, doubling the potential jail time and fines. Repeat offenses and DWI cases involving accidents, injuries, or minors in the vehicle can escalate to felony charges with years of prison time.
In addition to legal penalties, a DWI conviction can affect employment, insurance rates, and even professional licensing. However, not every DWI arrest results in a conviction. The state must prove every element of the case beyond a reasonable doubt, and there are many areas where a skilled defense attorney can intervene: challenging the legality of the stop, the accuracy of breath or blood tests, and the procedures followed by law enforcement.
At De La Vina Law, PLLC, we take an aggressive and thorough approach to DWI defense. We analyze every aspect of the arrest to identify weaknesses in the state’s case and to push for dismissal or reduction of charges. In some cases, we may negotiate alternatives such as probation, treatment programs, or deferred adjudication, helping clients avoid a permanent criminal record.
A DWI arrest does not have to define your future. With the right defense, you can protect your license, your record, and your livelihood.
In Texas, criminal charges are divided into two main categories: misdemeanors and felonies. Understanding the difference is critical because the classification of your charge will determine the possible penalties and the long-term consequences you face.
Misdemeanors are generally considered less serious offenses and are divided into three classes: A, B, and C. Class C misdemeanors are punishable by fines only, while Class A misdemeanors can carry up to one year in county jail. Felonies, by contrast, are far more serious and are divided into five levels, from state jail felonies to capital felonies. Penalties can range from 180 days in a state jail facility to life in prison—or even the death penalty in capital cases.
But the difference between a misdemeanor and a felony is not only about the severity of punishment. Felony convictions come with collateral consequences that can affect nearly every area of life: voting rights, employment opportunities, housing, and even the right to own firearms. In Travis County, prosecutors may aggressively pursue felony convictions, but a strong defense can make a difference—sometimes even reducing a felony charge to a misdemeanor.
At De La Vina Law, PLLC, we work closely with clients to explain the classification of their charges, the potential penalties, and the defense strategies available. Whether you’re facing a misdemeanor or felony, our approach is the same: thorough investigation, creative problem-solving, and relentless advocacy.
Bail is the amount of money set by a judge to ensure that a defendant appears in court for their hearings. In Travis County, after an arrest, a magistrate judge typically sets bail within 24–48 hours. Bail amounts depend on the severity of the charges, the defendant’s criminal history, and whether the court believes the person is a flight risk.
If bail is set, defendants have a few options. They can pay the full amount in cash, use a bail bond company, or, in some cases, be released on a personal bond. A personal bond does not require cash up front, but it does require a promise to appear in court and comply with certain conditions, such as drug testing or check-ins with a pretrial services officer.
One of the benefits of working with an experienced attorney early in the process is that we can advocate for lower bail amounts or for release on a personal bond. This often saves clients and their families thousands of dollars. Judges in Travis County have discretion, and effective advocacy at the bond stage can make a significant difference.
At De La Vina Law, PLLC, we frequently work with magistrates and pretrial services to secure reasonable release conditions for our clients. Our goal is not just to get you out of jail quickly, but to do so in a way that preserves your financial resources for your defense and your family.
One of the most common questions we hear is whether an arrest or conviction can be removed from a person’s record. In Texas, there are two primary ways to clear or limit access to a criminal record: expunction and nondisclosure.
Expunction is available in limited situations, such as when charges were dismissed, you were acquitted at trial, or you were arrested but never formally charged. When an expunction is granted, the record is destroyed, and you can legally deny that the arrest ever occurred. Nondisclosure, on the other hand, is available to individuals who successfully completed deferred adjudication for certain offenses. It does not destroy the record but seals it from public view, limiting access to law enforcement and certain government agencies.
The eligibility rules for both expunctions and nondisclosures are complex, and not every case qualifies. However, clearing your record can be life-changing—opening doors to employment, housing, and education that might otherwise be closed.
At De La Vina Law, PLLC, we carefully evaluate each client’s situation to determine whether they are eligible for record clearing. If so, we guide them through the process step by step, giving them a true second chance.
In Texas, the statute of limitations for most personal injury claims is two years from the date of the accident. This means you generally have two years to file a lawsuit against the responsible party. If you miss this deadline, your claim may be permanently barred.
There are some exceptions. For example, if the injured party is a minor or if the defendant leaves the state, the timeline may be extended. Certain claims against government entities have much shorter notice requirements—sometimes as little as six months.
The statute of limitations is one of the most important deadlines in personal injury law, and missing it can be devastating. That’s why it’s critical to contact a lawyer as soon as possible after an accident. Early action also allows us to preserve evidence, locate witnesses, and begin negotiations with insurance companies before memories fade and records are lost.
At De La Vina Law, PLLC, we make sure clients understand their deadlines and their rights. We move quickly to file claims and preserve every possible avenue for recovery.
After a serious accident, victims often face mounting medical bills, lost wages, and emotional distress. In Texas, you may be entitled to recover several categories of damages: economic, non-economic, and, in rare cases, punitive.
Economic damages cover quantifiable losses such as medical expenses, lost income, and property damage. Non-economic damages compensate for pain and suffering, emotional distress, and loss of quality of life. Punitive damages are awarded in cases of gross negligence or intentional misconduct, designed to punish the wrongdoer and deter future misconduct.
Commercial truck accidents, in particular, can involve catastrophic injuries and multiple liable parties, from the driver to the trucking company to the manufacturer of defective equipment. These cases require a thorough investigation and often involve experts in accident reconstruction, medicine, and economics.
At De La Vina Law, PLLC, we fight for full and fair compensation. Our goal is not just to cover immediate expenses but to account for long-term needs such as ongoing medical care, future lost earnings, and the lasting impact on your quality of life.
