Calhoun County lies on Matagorda and Lavaca bays on the middle Texas coast, with Port Lavaca as its county seat and Seadrift, Point Comfort and Port O'Connor as its other communities. Class C cases are heard by five justice of the peace courts and by the municipal courts in Port Lavaca, Point Comfort and Seadrift; Class A and B misdemeanors go to the Calhoun County Court at Law; and felonies are tried in the 24th, 135th or 267th District Court, three courts the county shares with Victoria, DeWitt, Goliad, Jackson and Refugio counties. The elected Calhoun County Criminal District Attorney prosecutes both misdemeanors and felonies. Adults arrested anywhere in the county are booked into the Calhoun County Adult Detention Center on West Live Oak Street in Port Lavaca, operated by the Sheriff.
- Calhoun County Courthouse (County Judge, County Court at Law, district courts, clerks), 211 South Ann Street, Port Lavaca, TX 77979, (361) 553-4600
- Calhoun County District Clerk (24th, 135th and 267th District Courts), 211 South Ann Street, Port Lavaca, TX 77979, (361) 553-4630
- Calhoun County Court at Law, 211 South Ann Street, Port Lavaca, TX 77979, (361) 553-4640
- Calhoun County Criminal District Attorney (misdemeanors and felonies), 211 South Ann Street, Port Lavaca, TX 77979, (361) 553-4422
- Calhoun County Sheriff's Office, Port Lavaca, (361) 553-4646
- Calhoun County Adult Detention Center, 302 West Live Oak Street, Port Lavaca, TX 77979, (361) 553-4475
Which court hears your case. Class C misdemeanors, the fine-only offenses such as speeding and other traffic violations, public intoxication, theft of less than $100 and assault by contact without injury, are filed in the Justice of the Peace court for the precinct where the offense occurred or in the municipal court of Port Lavaca, Point Comfort or Seadrift when a city officer issues the citation. Class A and B misdemeanors, including a first DWI, are tried in the Calhoun County Court at Law. Felonies begin with magistrate warnings and, after indictment by a Calhoun County grand jury, are heard in the 24th, 135th or 267th District Court. Those judges rotate among six counties of the Crossroads region, sitting in Port Lavaca on scheduled weeks.
Where pretrial inmates are held. Port Lavaca's police department does not run a jail, so city officers, deputies, constables, game wardens and DPS troopers all bring arrested adults to the county detention center at 302 West Live Oak Street. The facility has about 144 beds and also houses some inmates for other agencies. A defendant who does not post bail remains there while the case is pending. Call the detention center at (361) 553-4475 about booking, charges, bond or visitation, or the Sheriff's Office at (361) 553-4646.
- Local courts in Calhoun 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 Calhoun County
- Federal cases (U.S. District Court) from Calhoun County
Local courts in Calhoun County (justice of the peace, municipal and county courts)
Calhoun County has five justice precincts: two in Port Lavaca and one each in Point Comfort, Seadrift and Port O'Connor. The justices hear Class C cases and also serve as magistrates for people booked at the detention center, where they deliver the required warnings and set bond.
Justice of the Peace courts
- Justice of the Peace, Precinct 1 (Port Lavaca), 201 West Austin Street, Suite 12, Port Lavaca, TX 77979, (361) 553-4621
- Justice of the Peace, Precinct 2 (Port Lavaca), 201 West Austin Street, Suite 11, Port Lavaca, TX 77979, (361) 553-4622
- Justice of the Peace, Precinct 3 (Point Comfort), P.O. Box 543, Point Comfort, TX 77978, (361) 987-2930
- Justice of the Peace, Precinct 4 (Seadrift), Seadrift, TX 77983, (361) 785-7082
- Justice of the Peace, Precinct 5 (Port O'Connor), Port O'Connor, TX 77982, (361) 983-2351
Municipal courts
- Port Lavaca Municipal Court, Port Lavaca City Hall, 202 North Virginia Street, Port Lavaca, TX 77979, (361) 552-9793
- Point Comfort Municipal Court, 1415 East Main (P.O. Box 497), Point Comfort, TX 77978, (361) 987-2661
- Seadrift Municipal Court, handled through Seadrift City Hall, Seadrift, TX 77983, (361) 785-2218
Port O'Connor and the other unincorporated areas have no city court, so citations written there go to the justice court for that precinct.
County courts
- Calhoun County Court at Law (Class A and B misdemeanors and appeals from justice and municipal courts), 211 South Ann Street, Port Lavaca, TX 77979, (361) 553-4640
- Calhoun County constitutional county court (County Judge), 211 South Ann Street, Port Lavaca, TX 77979, (361) 553-4600
A defendant convicted in a justice or municipal court can appeal for a new trial in the County Court at Law, usually by filing an appeal bond within 10 days.
Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
Calhoun County misdemeanors range from boating while intoxicated on the bays to shoplifting in Port Lavaca and family disturbances. A person arrested for a Class A or B offense is booked into the Calhoun County Adult Detention Center.
Within 48 hours
Under article 15.17, the person must appear before a magistrate, normally a justice of the peace, within 48 hours. The magistrate explains the charges and the right to counsel, takes a request for an appointed lawyer if the person wants one, and sets bail. Bail may be posted in cash, through a surety bond from a licensed bail bondsman (who keeps the fee), or as a personal bond. Assault defendants accused of family violence often receive an emergency protective order and must stay away from the alleged victim.
In the County Court at Law
The Criminal District Attorney's Office files the case in the County Court at Law, where the defendant is arraigned and the case is set for pretrial hearings. Plea offers are common, and a defendant who wants a trial can request a six-person jury. Calhoun County appoints private lawyers for defendants who cannot afford one under its indigent defense plan; requests are taken at magistration and can be followed up with the court at (361) 553-4640.
Penalties
- Theft: under $100 is Class C and carries only a fine of up to $500; $100 to $750 is Class B, punishable by up to 180 days and $2,000; $750 to $2,500 is Class A, with as much as one year and $4,000.
- Assault causing bodily injury: Class A; a family-violence finding can make a later offense a felony.
- Criminal trespass: Class B, or Class A if it involves a habitation or a deadly weapon.
- First DWI (or boating while intoxicated): Class B, 72 hours to 180 days in jail and up to a $3,000 fine; Class A at 0.15 or higher; a six-day jail minimum when an open container is found. Also expect an administrative license suspension, a DWI education course, a possible ignition interlock and a state traffic fine after conviction.
Outcomes include dismissal, pretrial diversion, deferred adjudication, probation, fines and jail. Many people who complete deferred adjudication can later seek an order of nondisclosure. A typical misdemeanor takes two to six months.
Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
Calhoun County felonies are prosecuted by the county's own Criminal District Attorney and assigned to one of three district courts that travel the Crossroads region. Here is the usual sequence.
- Booking and magistrate. The defendant is booked into the Calhoun County Adult Detention Center and sees a magistrate within 48 hours. Before setting bail, the magistrate reviews the public safety report required by the Damon Allen Act.
- A lawyer for those who cannot pay. Under the district courts' indigent defense plan, the judges appoint private attorneys, with support from the Texas Indigent Defense Commission. Ask at magistration or contact the District Clerk at (361) 553-4630.
- Grand jury. The Criminal District Attorney presents the case to a Calhoun County grand jury, which may indict or no-bill it. Waiving indictment and proceeding on an information is also possible.
- Release after delay. Under article 17.151, a jailed felony defendant is generally entitled to release on personal bond or reduced bail if the State is not ready within 90 days, except for violent charges.
- Plea or trial. Plea bargains resolve most cases. At trial, 12 jurors must agree unanimously, and the defendant may elect to have the jury decide punishment.
Punishment levels
- State jail felony: between 180 days and 2 years in a state jail, with a fine of up to $10,000 (theft of $2,500 to $30,000, for instance).
- Third degree: 2 to 10 years. Second degree: 2 to 20 years, which is the range covering burglary of a habitation and most aggravated assaults. First degree: 5 to 99 years or life.
- Drug possession or delivery: graded by penalty group and weight, from state jail felony to first degree.
Prior felony convictions raise the range. A "3g" conviction means serving half the sentence (two years minimum) before parole eligibility, while most other offenses allow eligibility after about a quarter with good time. Deferred adjudication is often available to first-time defendants. Felonies in Calhoun County usually take six to eighteen months.
Violent felony (for example, murder, sexual assault, aggravated robbery)
For murder, sexual assault, aggravated robbery and other violent felonies, the case goes to the 24th, 135th or 267th District Court and the defendant is likely to stay in the Calhoun County Adult Detention Center for a long time. Personal bonds are prohibited for violent offenses, and Under a constitutional amendment Texas voters approved in 2025, judges in Calhoun County can deny bail in some violent-crime cases.
- Capital murder: life without parole or death.
- Murder: punished as a first-degree felony, from 5 to 99 years or life in prison.
- Sexual assault: second degree, 2 to 20 years. Aggravated sexual assault: first degree, with a 25-year minimum for certain child victims, plus sex-offender registration.
- Aggravated robbery: a first-degree felony carrying 5 to 99 years or life.
The Sheriff's Office and Port Lavaca police lead most investigations, sometimes with help from the Texas Rangers. Forensic testing through DPS labs adds time. In capital cases the court must appoint qualified capital counsel. The Criminal District Attorney's victim assistance staff help victims exercise their rights under article I, section 30 of the Texas Constitution, including notice and the right to be heard at sentencing. Expect one to three years.
Juveniles (under 17) arrested in Calhoun County
A child who was 10 to 16 when the offense happened is handled in juvenile court, while a 17-year-old is prosecuted as an adult and booked into the Calhoun County Adult Detention Center.
Who handles juvenile cases
The Calhoun County Juvenile Board designates the juvenile court, which is the County Court at Law or a district court sitting as juvenile court in Port Lavaca. The Calhoun County Juvenile Probation Department handles intake, deciding whether a child may go home, whether a minor first offense can be handled informally, and whether to refer the case to the Criminal District Attorney to file a petition.
Detention
Calhoun County does not operate its own juvenile detention center. A youth who must be held is typically placed in a regional facility under contract, such as one in Victoria. A detention hearing must be held within two working days, and a judge reviews detention regularly afterward.
What can happen
- Deferred prosecution, probation, community service, counseling or restitution.
- Placement in a residential facility or commitment to the Texas Juvenile Justice Department (TJJD).
- A determinate sentence for the most serious offenses, possibly continuing in adult prison.
- Certification as an adult, generally possible at 14 or older for capital and first-degree felonies (and certain aggravated drug felonies) and 15 or older for other felonies.
Children have the right to a lawyer, appointed if the family cannot afford one. Juvenile records are confidential and often eligible for sealing.
Federal cases (U.S. District Court) from Calhoun County
Calhoun County belongs to the Victoria Division of the U.S. District Court for the Southern District of Texas. The division's courthouse is in the Martin Luther King Jr. Federal Building in Victoria, about 30 miles from Port Lavaca.
- U.S. District Clerk, Victoria, Martin Luther King Jr. Federal Building, 312 South Main Street, Room 406, Victoria, TX 77901, (361) 788-5000
- U.S. Attorney's Office, Southern District of Texas; the nearest staffed office is in Corpus Christi, 800 North Shoreline Boulevard, Suite 500, Corpus Christi, TX 78401, (361) 888-3111
- Federal Public Defender for the Southern District of Texas, or a private Criminal Justice Act (CJA) panel lawyer appointed by the court
Federal cases from the coast
Calhoun County's location on the Gulf brings a mix of federal cases: drug trafficking, including loads moved by boat or along Highway 35; firearms offenses; child exploitation; fraud; and environmental or maritime violations connected to the bays, the ship channel and the large industrial plants at Point Comfort and Seadrift. Agencies such as the Coast Guard, DEA, ATF, FBI and Homeland Security Investigations may be involved.
Federal procedure
A U.S. magistrate judge conducts the initial appearance and appoints counsel when needed. If the government seeks detention, a hearing is usually held within three court days, and the Bail Reform Act controls the decision: release on conditions supervised by U.S. Pretrial Services, or detention. Commercial bail is not used in federal court. A complaint must be followed by an indictment within 30 days, and the Speedy Trial Act sets a 70-day trial deadline, though extensions are routine. Most cases end in a plea; a federal trial jury has 12 members and must be unanimous.
Sentencing
The probation office writes a presentence report, and the judge considers the advisory Sentencing Guidelines along with any mandatory minimum. Because federal law abolished parole, a prisoner serves about 85 percent of the term in the Bureau of Prisons before supervised release. Appeals go to the Fifth Circuit.
To find someone in federal custody, search the Federal Bureau of Prisons inmate locator for a Calhoun County defendant by name or register number. A pretrial detainee held under a U.S. Marshals contract in a county jail may also appear on that jail's inmate roster. Federal juvenile prosecutions are rare.
This guide provides general information about criminal cases in Calhoun County and is not legal advice. Court settings and contact information change, so confirm hearing dates with the clerk. Anyone accused of a crime in Calhoun County should get help from a criminal defense lawyer; a person who cannot afford one can request appointed counsel at magistration, through the District Clerk at (361) 553-4630 for felonies, or through the County Court at Law at (361) 553-4640 for misdemeanors.