Kelly Higgins

– A Lawyer you can trust to defend your rights in San Marcos, Texas

I’m here for you, 24 hours a day.

I defend the citizen accused. I have never worked as a prosecutor, or for any goverment agency. I much prefer to have those folks as my opposing counsel. The simple truth is that I am for the underdog. And I don’t like bullies. This work permits me to help the underdog and to stand up to bullies every day.

Criminal defense is the front line of constitutional law, the place where the freedom we treasure is made real. It’s sometimes gritty, but always lofty. The rights we fight for in court are the only things that make this country special. I am proud of that.

I am a dedicated Criminal Defense Attorney


Practicing law for over 17 years

I knew when I applied to law school, really, when I went to college, that I wanted to be a criminal defense attorney. I wanted to try cases in court. So I took criminal procedure, evidence, and trial strategy courses the whole time. I worked in the Criminal Defense Clinic as a student attorney, representing indigent defendants in Austin courts. I conducted my first jury trial while still in law school. All I wanted was to get licensed and get going.

Now, after 17 years in criminal defense, I could not be happier with my work. If I’m working for you, you can be certain there’s nothing I’d rather be doing. I like representing people in court more than I like fishing.


History of successful negotiations

Very often a client’s goal is to soften the blow of a criminal charge rather than to fight it out in court. I could write many pages about negotiating with a powerful opponent like the District Attorney, but I’ll only say here that it requires some tact, some nuance, and some timing. It requires credibility, fortitude, and the respect of your opponent. I have all that. I am very good at negotiating resolutions to criminal cases. Like really good. That sounds like bragging, so let me admit here that I’m not very good at lots of other things.

Defending charges of every kind

I am proud to defend charges of every kind, from arrest through trial. My experience in Hays County includes trial for Murder, Aggravated Robbery, Kidnapping, Home Invasion, Felony DWI, Human Trafficking, and many misdemeanors including DWI, Assault Family Violence, Terroristic Threat, Theft, Resisting Arrest, Possession of Marijuana, and Interference with Public Duties.

My Education

  • Southern Methodist University, BA cum laude in History 1999
  • University of Texas School of Law, Juris Doctorate 2002
  • Criminal Defense Clinic Student Attorney 2000 – 2002

My Professional Associations

  • State Bar of Texas
  • Hays County Bar Association
  • Austin Criminal Defense Lawyer’s Association
  • Texas Criminal Defense Lawyer’s Association

Practice Areas




Marijuana &
other Drugs



(Driving While Intoxicated)


& Felonies

What My Clients Have to Say

Incredibly thorough, hardworking and professional. No legal trouble is ever pleasant but Mr. Higgins was patient and took the time to help me understand all of my options. His mastery of the Texas Criminal Code and his ability to fiercely negotiate resulted in a very satisfactory outcome. His experience and compassion was comforting and appreciated during a very stressful time. I cannot recommend him highly enough!! Thanks Mr. Higgins!”