Palestine is the county seat of Anderson County, and the courthouse on North Church Street is where most criminal cases from the county are decided. Fine-only Class C offenses go to one of four justice of the peace precincts or to a city court in Palestine, Elkhart or Frankston. Class A and B misdemeanors are heard by the Anderson County Court at Law and the constitutional county court, and felonies belong to four district courts: the 3rd, 87th, 349th and 369th. The Anderson County Criminal District Attorney's Office prosecutes cases in these courts, and adults arrested in the county are booked into the Sheriff's jail on East Lacy Street.
- Anderson County Courthouse (3rd, 87th, 349th and 369th District Courts; County Court at Law), 500 N. Church Street, Palestine, TX 75801; District Clerk (903) 723-7412, County Court at Law (903) 723-7469
- Anderson County Court (constitutional county court), 703 N. Mallard Street, Suite 101, Palestine, TX 75801, (903) 723-7406
- Anderson County Criminal District Attorney, 500 N. Church Street, Room 38, Palestine, TX 75801, (903) 723-7400
- Anderson County Clerk (misdemeanor records), 500 N. Church Street, Room 10, Palestine, TX 75801, (903) 723-7432
- Anderson County Jail (Anderson County Sheriff's Office), 1200 E. Lacy Street, Palestine, TX 75801, (903) 729-6068
Which court hears your case. Class C misdemeanors, which carry only a fine (traffic tickets, public intoxication, theft under $100, an assault that causes no injury), are filed in the Justice of the Peace court for the precinct where the offense took place, or in the Palestine, Elkhart or Frankston Municipal Court when a city officer writes the citation inside city limits. Class A and B misdemeanors, including a first DWI, are heard in the Anderson County Court at Law or the constitutional county court. For a felony, a magistrate first reads the warnings and sets bail; once a grand jury returns an indictment, the case is assigned to the 3rd, 87th, 349th or 369th District Court. Several of those districts also serve neighboring counties, so a judge's calendar in Palestine can be shared with other courthouses.
Where pretrial inmates are held. The Anderson County Sheriff's Office runs the county jail at 1200 E. Lacy Street in Palestine, and city police, troopers and deputies all bring adults arrested in the county there. State jail reports list room for about 300 inmates. Questions about whether someone is in custody, how much the release amount is, or visiting rules can go to the Sheriff's Office at (903) 729-6068 or the jail captain's line at (903) 731-8209. Several Texas prison units are located near Tennessee Colony in this county, but those hold people already sentenced by the state, not local pretrial detainees.
- Local courts in Anderson County (justice of the peace, municipal and county courts)
- Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
- Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
- Violent felony (for example, murder, sexual assault, aggravated robbery)
- Juveniles (under 17) arrested in Anderson County
- Federal cases (U.S. District Court) from Anderson County
Local courts in Anderson County (justice of the peace, municipal and county courts)
Three of the four justice courts work out of Palestine, while Precinct 1 covers the northwest part of the county from Elkhart. Justices of the peace do more than hear tickets: they act as magistrates for people booked into the jail, sign arrest warrants and set bond amounts. The city courts handle Class C offenses and ordinance violations written inside their own limits.
Justice of the Peace courts
- Justice of the Peace, Precinct 1, P.O. Box 348, Elkhart, TX 75839, (903) 764-5661
- Justice of the Peace, Precinct 2, 703 N. Mallard Street, Suite 107, Palestine, TX 75801, (903) 723-7486
- Justice of the Peace, Precinct 3, 500 N. Church Street, Suite 8, Palestine, TX 75801, (903) 723-7418
- Justice of the Peace, Precinct 4, 703 N. Mallard Street, Suite 106, Palestine, TX 75801, (903) 723-7419
Municipal courts
- Palestine Municipal Court, 504 N. Queen Street, Palestine, TX 75801, (903) 731-8400
- Elkhart Municipal Court, P.O. Box 944, Elkhart, TX 75839, (903) 764-5661
- Frankston Municipal Court, 240 W. Main Street, Frankston, TX 75763, (903) 876-2400
County-level courts
- Anderson County Court at Law, 500 N. Church Street, Suite 11, Palestine, TX 75801, (903) 723-7469
- Anderson County Court (constitutional county court), 703 N. Mallard Street, Suite 101, Palestine, TX 75801, (903) 723-7406
The Palestine court has announced that, starting August 1, 2026, defendants must come in person rather than by video unless the judge directs otherwise. A person found guilty in a justice or municipal court that does not keep a court record can appeal for a completely new trial in the county court at law, but the appeal bond and notice must be filed quickly, usually within 10 days of the judgment.
Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
A Class A or B arrest in Anderson County usually means a trip to the Anderson County Jail on East Lacy Street for fingerprints, photographs and a warrant check. Texas law requires that the person see a magistrate within 48 hours; in practice a justice of the peace usually handles this the morning after booking.
Magistration and release
At the hearing the magistrate explains the charge, reads the warnings required by article 15.17 of the Code of Criminal Procedure, asks whether the person wants a court-appointed lawyer and sets bail. Release can come through a cash deposit, a surety bond written by a licensed bondsman for a nonrefundable fee, or a personal bond that requires only a signed promise to appear. Family-violence cases commonly carry an emergency protective order and no-contact terms. If the person stays in jail on a misdemeanor and the State is not ready for trial within the time limit in article 17.151 (30 days for most Class A charges, 15 for Class B), the court generally must reduce the amount or grant a personal release.
Court appearances
The Criminal District Attorney's Office files an information in the county court at law or the constitutional county court. Someone who cannot afford a lawyer can ask the magistrate for one or contact the County Court at Law at (903) 723-7469; Anderson County appoints private attorneys under its indigent defense plan, which the Texas Indigent Defense Commission reviews. Most cases are settled at docket settings, and a jury trial in county court uses six jurors who must agree unanimously.
Penalties
- Theft: $100 to $750 is Class B (up to 180 days, $2,000 fine); $750 to $2,500 is Class A (up to a year, $4,000 fine).
- Assault causing bodily injury: Class A; a family-violence finding can make a later case a felony.
- Criminal trespass: usually Class B; Class A at a home or when the person carries a deadly weapon.
- First DWI: Class B with 72 hours to 180 days in jail (often probated), a fine of up to $3,000 and a license suspension. A breath or blood result of 0.15 or more makes it Class A, and an open container brings a minimum of six days. The license suspension that follows a refused or failed test is a separate administrative case.
Outcomes include dismissal, pretrial diversion, deferred adjudication (probation that ends without a conviction if it is completed), regular probation, a fine or county jail time. Certain people who complete deferred adjudication can later petition for an order of nondisclosure that hides the record from most public searches. A typical Anderson County misdemeanor runs two to six months.
Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
Felony cases in Anderson County are divided among four district judges who sit in the Church Street courthouse. The path from arrest to resolution looks like this:
- Booking and magistrate. After booking at the Anderson County Jail, a magistrate gives the warnings, takes any request for appointed counsel and sets bail. Under the 2021 Damon Allen Act the magistrate first reviews a public safety report showing the person's criminal history, and someone charged with a violent offense cannot be released on personal bond.
- Appointed lawyer. Anderson County does not have a public defender office for adult felonies; the district judges appoint private attorneys from a list kept under the county plan. Questions can go to the court coordinators at (903) 723-7410 (3rd and 349th) or (903) 723-7415 (87th and 369th).
- Grand jury. Prosecutors present the case to an Anderson County grand jury, which can return a true bill (indictment) or a no-bill. A defendant may also waive indictment and proceed on an information. If a jailed defendant's case is not ready within 90 days, article 17.151 usually requires release on a personal bond or a lower amount, with exceptions for certain violent charges.
- Arraignment and plea talks. After indictment the case is set on a district court docket. Most felony cases end with a negotiated plea.
- Trial. Twelve jurors must agree on the verdict. A defendant can choose to have the jury, rather than the judge, decide the sentence.
Punishment ranges
- State jail felony (for example, theft of $2,500 to $30,000 or possession of less than a gram of a Penalty Group 1 drug): a state jail term of 180 days to 2 years, plus a fine as high as $10,000.
- Third degree: 2 to 10 years. Second degree (burglary of a habitation; most aggravated assaults): 2 to 20 years. First degree: 5 to 99 years or life.
- Drug charges depend on the penalty group and the weight, ranging from a state jail felony to first degree. Prior felony convictions can raise the range under the habitual offender rules.
Many first-time defendants are offered deferred adjudication or regular community supervision. People sent to prison are generally eligible for parole after serving about a quarter of the sentence with good time, but "3g" offenses such as aggravated assault with a deadly weapon require half the sentence (at least two years) first. Felonies in the county usually take six to eighteen months to finish.
Violent felony (for example, murder, sexual assault, aggravated robbery)
For murder, sexual assault and aggravated robbery, the magistrate usually sets a high bail amount, and a personal release is off the table under the Damon Allen Act. Texas voters approved a 2025 constitutional amendment that lets judges deny bail in some violent-crime cases, so a defendant may be held at the Anderson County Jail with no release amount at all after a hearing in district court.
- Capital murder: death or life without parole. Only the Criminal District Attorney can decide to seek a death sentence, and the trial must follow special procedures; no state has executed more people than Texas.
- Murder: first degree, 5 to 99 years or life, with a possible second-degree range if the jury finds sudden passion.
- Sexual assault: second degree. Aggravated sexual assault: first degree, with a 25-year minimum when the victim is a young child. Sex-offender registration follows conviction.
- Aggravated robbery: first degree, and a "3g" offense requiring half the sentence before parole.
Defendants who cannot pay for counsel receive appointed lawyers who meet the state's qualification standards; in a capital case the court appoints two qualified attorneys and may draw on a regional capital defender office. Victims have rights under article I, section 30 of the Texas Constitution, including notice of hearings and the chance to give an impact statement, and the Criminal District Attorney's victim assistance staff can be reached at (903) 723-7400. Expect one to three years from arrest to trial in a serious violent case.
Juveniles (under 17) arrested in Anderson County
Texas treats 17-year-olds as adults. Juvenile court jurisdiction covers a young person who was 10 through 16 at the time of the alleged conduct, and in Anderson County those cases are heard by the court the county juvenile board has designated as the juvenile court, generally a district court or the County Court at Law. The District Clerk's office, (903) 723-7412, can confirm which court has a given case.
Intake and detention
Officers take the child to the Anderson County Juvenile Probation Department, which handles intake and decides with the prosecutor whether to release the youth to a parent, offer an informal resolution or file a petition. The Criminal District Attorney's Office files juvenile petitions. A youth who is held must have a detention hearing within two working days. Anderson County does not appear to operate its own secure juvenile facility, so detained youths are typically housed in a contracted regional detention center in another East Texas county.
Outcomes
- Deferred prosecution, a supervised period that ends the case without an adjudication if it goes well.
- Probation at home or in a residential placement.
- Commitment to a state facility run by the Texas Juvenile Justice Department (TJJD) for the most serious or repeated conduct.
- Determinate sentencing for serious offenses, which can begin in a TJJD facility and later transfer to adult prison.
Certification as an adult. The prosecutor may ask the juvenile court to waive jurisdiction and send the case to district court. As a rule this is possible at 14 or older for capital felonies, first-degree felonies and some aggravated drug felonies, and at 15 or older for other felonies, after a hearing and a diagnostic study. Children have a right to a lawyer, and the juvenile court appoints one when the family cannot pay. Juvenile records are generally confidential, and many can be sealed later.
Federal cases (U.S. District Court) from Anderson County
Anderson County is part of the Tyler Division of the U.S. District Court for the Eastern District of Texas. Federal charges from Palestine and the rest of the county are heard about 50 miles northeast, in Tyler.
- William M. Steger Federal Building and U.S. Courthouse, 211 W. Ferguson Street, Room 106, Tyler, TX 75702, (903) 590-1000
- U.S. Attorney's Office, Eastern District of Texas (Tyler), 110 N. College Avenue, Suite 700, Tyler, TX 75702, (903) 590-1400
How a case becomes federal. Federal prosecutors take a case when it breaks a federal law and an agency such as the FBI, DEA, ATF or Homeland Security Investigations brings it to them. In Anderson County that most often means methamphetamine or fentanyl distribution, firearm possession by someone with a felony record, child exploitation, or fraud against a federal program. Crimes committed by inmates inside the state prison units near Tennessee Colony are usually prosecuted in state court.
First appearance and release. A U.S. magistrate judge in Tyler advises the defendant of the charges and appoints the Federal Public Defender or a private Criminal Justice Act panel lawyer for someone who cannot afford counsel. When the government seeks detention, a hearing is usually held within three court days. Federal court has no commercial bail bond industry; instead, the Bail Reform Act lets the judge release the person on conditions supervised by U.S. Pretrial Services or order detention.
From charge to sentence. If the case started with a criminal complaint, a grand jury must indict within 30 days of arrest, and the Speedy Trial Act sets a 70-day trial clock that judges frequently extend. Most defendants plead guilty; trials use 12 jurors who must be unanimous. A probation officer prepares a presentence report, and the judge considers the advisory Sentencing Guidelines along with any mandatory minimum. Federal prisoners are not paroled and serve about 85 percent of the sentence in the Federal Bureau of Prisons, then a term of supervised release. Any appeal is heard by the New Orleans-based U.S. Court of Appeals for the Fifth Circuit.
Locating a federal prisoner. Families looking for someone after sentencing can enter a name or an eight-digit register number in the Federal Bureau of Prisons inmate locator. A defendant awaiting trial in a county jail that holds federal detainees under a U.S. Marshals contract may also appear on that jail's roster. Federal prosecution of anyone under 18 is uncommon, and juvenile cases from the county almost always stay in state juvenile court.
This page summarizes how criminal cases usually move through the Anderson County courts and is not legal advice. Court settings, release rules and office locations can change, so confirm every date with the clerk. Anyone charged with a jailable offense who cannot afford a lawyer can ask the magistrate for appointed counsel or call the County Court at Law at (903) 723-7469 or the district court coordinators at (903) 723-7410.