Callahan County straddles Interstate 20 just east of Abilene, and its county seat is the railroad town of Baird; Clyde and Cross Plains are its other main towns. Class C cases go to the justice of the peace courts in Clyde, Baird and Cross Plains or to a city's municipal court, Class A and B misdemeanors are heard by the constitutional county court, and felonies are tried in the 42nd District Court, a multi-county court whose judge also sits in Abilene. The Callahan County Attorney prosecutes misdemeanors, and the District Attorney for the 42nd Judicial District prosecutes felonies. Adults arrested in the county are booked at the Callahan County Jail, run by the Sheriff's Office in Baird.
- Callahan County offices (County Judge, county court, District Clerk, Justice of the Peace Precinct 3), 1257 FM 2047, Baird, TX 79504; County Judge (325) 854-5805
- Callahan County District Clerk (42nd District Court filings), 1257 FM 2047, Baird, TX 79504, (325) 854-5825
- 42nd District Court, judge's office at 300 Oak Street, Suite 401, Abilene, TX 79602, (325) 674-1314
- Callahan County Attorney (misdemeanors and juvenile cases), 344 Market Street, Baird, TX 79504, (325) 854-5810
- 42nd Judicial District Attorney (felonies)
- Callahan County Sheriff's Office, 432 Market Street, Baird, TX 79504, (325) 854-1444 (24-hour non-emergency)
- Callahan County Jail, Callahan County Sheriff's Office, 432 Market Street, Baird, TX 79504, (325) 854-1444
Which court hears your case. Class C misdemeanors are punishable by fine only and include most traffic tickets, public intoxication, theft of property worth less than $100 and an assault by contact that causes no injury. They are filed in the Justice of the Peace court for the precinct where the offense occurred or, inside city limits, in the municipal court of Baird, Clyde or Cross Plains. Class A and B misdemeanors, including a first DWI, are tried in the Callahan County Court, the constitutional county court presided over by the County Judge; Callahan has no county court at law. Felonies begin with magistrate warnings from a justice of the peace and, after a Callahan County grand jury indicts, are tried in the 42nd District Court when its judge holds court in Baird.
Where pretrial inmates are held. Deputies, the small city police departments and DPS troopers working I-20 bring arrested adults to the Sheriff's jail in Baird. It is a small facility, and when space runs short the Sheriff may house some inmates in another county's jail under contract. A defendant who cannot post bail stays in custody until release or the end of the case. To confirm where a person is being held, call the Sheriff's Office at (325) 854-1444. The Sheriff's Office warns that it does not call people about warrants from cell phones, so treat such calls as possible scams.
- Local courts in Callahan 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 Callahan County
- Federal cases (U.S. District Court) from Callahan County
Local courts in Callahan County (justice of the peace, municipal and county courts)
The county currently lists justice courts for Precincts 1, 3 and 4, one in each of its three main towns. The justices decide Class C cases, issue warrants and serve as magistrates for people booked at the jail, where they explain the charges and set bond.
Justice of the Peace courts
- Justice of the Peace, Precinct 1 (Clyde), 208 Oak Street, Clyde, TX 79510, (325) 893-4900
- Justice of the Peace, Precinct 3 (Baird), 1257 FM 2047, Baird, TX 79504, (325) 854-5830
- Justice of the Peace, Precinct 4 (Cross Plains), 424 South Main Street, Cross Plains, TX 76443, (254) 725-7456
Municipal courts
- Clyde Municipal Court, City of Clyde, City Hall, 222 Oak Street (P.O. Box 1155), Clyde, TX 79510, (325) 893-4234
- Baird Municipal Court, City of Baird, handled through Baird City Hall, (325) 854-1212
- Cross Plains Municipal Court, Town of Cross Plains, handled through the town office, (254) 725-6114
A citation issued in Putnam, Eula, Oplin or other rural areas, or by a state trooper on I-20, is usually filed in the justice court for that precinct. The ticket names the court and the appearance date.
County court
- Callahan County Court (constitutional county court; Class A and B misdemeanors and appeals from justice and municipal courts), 1257 FM 2047, Baird, TX 79504, (325) 854-5805
Anyone found guilty in a justice or municipal court can appeal to the county court for a new trial, generally by filing an appeal bond within 10 days of the judgment.
Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
Interstate 20 runs the length of Callahan County, and highway stops lead to many of its DWI and drug possession arrests. Anyone arrested on a Class A or B charge is booked at the Callahan County Jail in Baird.
Magistrate warnings and bail
Within 48 hours, a justice of the peace must give the warnings in article 15.17, explain the right to remain silent and to have a lawyer, take any request for appointed counsel, and set bail. The magistrate may accept a cash bond, a surety bond posted by a licensed bail bondsman for a nonrefundable fee, or a personal bond. In family-violence cases the magistrate can issue an emergency protective order that keeps the defendant away from the home and the alleged victim.
What happens in county court
The County Attorney reviews the arrest report and files the case in the Callahan County Court. The County Judge sets arraignment and docket dates, and a defendant can choose a trial before six jurors. When jail is possible and the defendant cannot afford a lawyer, the court appoints private counsel under Callahan County's indigent defense plan. Ask at magistration or contact the county court at (325) 854-5805.
What the charges carry
- Theft: Class C below $100 (fine up to $500); Class B from $100 to $750 (no more than 180 days and $2,000); Class A from $750 to $2,500 (up to a year and $4,000).
- Assault causing bodily injury: Class A; a family-violence finding can enhance a later charge to a felony.
- Criminal trespass: Class B, or Class A at a residence or with a deadly weapon.
- First DWI: Class B, carrying 72 hours to 180 days in jail and a fine up to $3,000; Class A when the alcohol concentration reached 0.15 or more; six days minimum when an open container was present. There is also an administrative license suspension, a required DWI education program, a possible ignition interlock and a state traffic fine upon conviction.
Cases can end with dismissal, pretrial diversion, deferred adjudication, probation, a fine or jail. People who complete deferred adjudication may later qualify for an order of nondisclosure. Expect roughly two to six months.
Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
Callahan County felonies are prosecuted by the 42nd Judicial District Attorney and tried in the 42nd District Court, whose judge divides time between Baird and the other counties of the district. Felony files are kept by the District Clerk in Baird.
- Booking and bail. After arrest and booking at the Callahan County Jail, the person sees a magistrate within 48 hours. Under the Damon Allen Act, the magistrate must review a public safety report on the defendant's history before setting bail.
- Appointed lawyer. The 42nd District Court appoints private attorneys for indigent felony defendants under its indigent defense plan, with support from the Texas Indigent Defense Commission. Request counsel at magistration or call the District Clerk at (325) 854-5825.
- Indictment. The District Attorney presents the evidence to a Callahan County grand jury. If it indicts, the case moves to district court; a defendant may also waive indictment.
- Time limit for jailed defendants. If the State is not ready for trial within 90 days after a felony defendant's detention, article 17.151 generally requires release on personal bond or reduced bail, except for violent offenses.
- Plea or trial. Most cases are settled by plea agreement. A trial requires a unanimous jury of 12, and the defendant may ask the jury to set punishment.
Punishment ranges
- State jail felony: 180 days to 2 years in a state jail and up to a $10,000 fine (for example, theft of $2,500 to $30,000).
- Third-degree felony: 2 to 10 years. Second-degree felony: 2 to 20 years, covering burglary of a habitation and most aggravated assaults. First-degree felony: 5 to 99 years or life.
- Drug cases: graded by penalty group and weight, from a state jail felony to first degree.
Previous felony convictions can raise the range. For "3g" offenses, parole eligibility comes after half the sentence (minimum two years); most other inmates are eligible after about one quarter with good time. Deferred adjudication is available to many first offenders. A Callahan County felony usually takes six to eighteen months.
Violent felony (for example, murder, sexual assault, aggravated robbery)
Violent felonies from Callahan County go to the 42nd District Court. A person charged with a violent offense cannot receive a personal bond under the Damon Allen Act, and Under a constitutional amendment Texas voters approved in 2025, judges in Callahan County can deny bail in some violent-crime cases. A defendant who is not released remains in the Callahan County Jail or in a contract jail the Sheriff uses.
- Capital murder: death or life without parole.
- Murder: 5 to 99 years or life as a first-degree felony.
- Sexual assault: second degree, 2 to 20 years; aggravated sexual assault: first degree, with a 25-year minimum in some cases with young child victims; sex-offender registration after conviction.
- Aggravated robbery: a "3g" first-degree felony, 5 to 99 years or life.
The Texas Rangers commonly assist the Sheriff on homicides, and DPS laboratories in the region handle forensic testing. Capital defendants receive lawyers who meet the state's capital qualification rules, often through a regional capital defender office. Victims are protected by article I, section 30 of the Texas Constitution, which gives them the right to notice, to attend proceedings and to be heard. These cases often take one to three years.
Juveniles (under 17) arrested in Callahan County
Juvenile court in Texas covers children who were 10 through 16 at the time of the offense. Someone who was 17 is prosecuted as an adult and booked at the Callahan County Jail.
Court and intake
The Callahan County Juvenile Board designates the juvenile court, ordinarily the county court or the 42nd District Court sitting as juvenile court. The juvenile probation department serving Callahan County handles intake: officers decide whether a child can be released to a parent, whether the matter can be handled informally or through deferred prosecution, and whether to send it to the prosecutor. The County Attorney generally files juvenile petitions in Callahan County.
Detention
There is no juvenile detention center in Callahan County. A youth who must be held is typically taken under contract to a regional juvenile detention center, such as one in Abilene. A detention hearing must be held within two working days, and the judge may release the child with conditions.
Possible results
- Deferred prosecution or probation with conditions such as school attendance, counseling and restitution.
- Placement outside the home or commitment to the Texas Juvenile Justice Department (TJJD).
- A determinate sentence for the most serious offenses, which can continue in adult prison.
- Certification to adult court, generally possible at 14 or older for capital and first-degree felonies (and some aggravated drug felonies) and 15 or older for other felonies.
Each child is entitled to a lawyer, and one is appointed if the family cannot pay. Juvenile records are confidential, and sealing is available in many cases.
Federal cases (U.S. District Court) from Callahan County
Callahan County is in the Abilene Division of the U.S. District Court for the Northern District of Texas. Federal cases from Baird, Clyde or Cross Plains are heard at the federal building in downtown Abilene, a short drive west on I-20.
- U.S. District Clerk, Abilene, 341 Pine Street, Room 2008, Abilene, TX 79601, (325) 677-6311
- U.S. Attorney's Office, Abilene, 500 Chestnut Street, Suite 601, Abilene, TX 79602, (325) 271-6700
- Federal Public Defender for the Northern District of Texas (offices in Dallas, Fort Worth, Lubbock and Amarillo), or a private Criminal Justice Act (CJA) panel lawyer appointed by the court
Why a case might be federal
Drug couriers stopped on Interstate 20, felons found with firearms, child exploitation investigations, and fraud involving banks or federal programs are the most likely Callahan County matters to be charged in federal court. The nearby Dyess Air Force Base and the large federal agencies in Abilene also mean that federal investigators are close at hand.
Initial appearance and release
The defendant first appears before a U.S. magistrate judge, who explains the charges and appoints counsel if the person cannot afford it. A detention hearing, when the government requests one, is usually held within three court days. Under the Bail Reform Act, the judge may release the defendant on conditions supervised by U.S. Pretrial Services or order detention until trial. Commercial bail bonds are not used.
Indictment through sentencing
If the case began with a complaint, a grand jury must indict within 30 days of arrest. The Speedy Trial Act sets a 70-day trial deadline, which is often extended. Most federal defendants plead guilty; a jury trial requires 12 unanimous jurors. Before sentencing, U.S. Probation prepares a presentence report, and the judge considers the advisory Sentencing Guidelines and any mandatory minimum. There is no parole: prisoners serve about 85 percent of the term in the Bureau of Prisons, followed by supervised release. Appeals go to the Fifth Circuit.
Search the Federal Bureau of Prisons inmate locator for a Callahan County defendant by name or register number to find a federal prisoner. Someone held before trial in a county jail under a U.S. Marshals contract may also turn up on that jail's own inmate roster. Federal charges against juveniles are rare.
This guide explains the general course of a criminal case in Callahan County and is not legal advice. Offices, court dates and phone numbers change, so confirm each setting with the clerk. People charged with a crime should consult a defense lawyer; a person who cannot afford one can request appointed counsel at magistration, through the District Clerk at (325) 854-5825 for felonies, or through the county court at (325) 854-5805 for misdemeanors.