Cameron County Detention Center Criminal Court Process
Criminal Court Process for Cameron County Texas
Cameron County sits at the southern tip of Texas, across the Rio Grande from Matamoros, and its county seat is Brownsville. Felony cases are tried in the district courts on East Harrison Street, Class A and B misdemeanors go to the five county courts at law in the same judicial complex, and Class C offenses are handled by ten justice of the peace courts and roughly fifteen city courts from Port Isabel to La Feria. One elected official, the Cameron County District Attorney, prosecutes both felonies and misdemeanors. Adults arrested by deputies, city police, state troopers or other agencies are booked by the Cameron County Sheriff's Office, whose main lockup is in Olmito just north of Brownsville.
- Cameron County Courthouse Judicial Building (district courts, county courts at law, District Clerk), 974 East Harrison Street, Brownsville, TX 78520; District Clerk criminal section (956) 544-0839
- Cameron County Clerk (misdemeanor records, constitutional county court), 964 East Harrison Street, Brownsville, TX 78520, (956) 550-1327
- Cameron County District Attorney (felonies and misdemeanors), Brownsville, (956) 544-0849
- Jail magistrate (justice of the peace at the detention center), 7100 Old Alice Road, Olmito, TX 78575, (956) 554-6703
- Carrizales-Rucker Detention Center (Cameron County Sheriff's Office), 7100 Old Alice Road, Olmito, TX 78575, Sheriff's Office (956) 554-6700
Which court hears your case. Class C misdemeanors, the fine-only offenses such as most traffic tickets, public intoxication, disorderly conduct, theft of property worth less than $100 and simple assault without injury, are filed in the justice of the peace court for the precinct where the offense happened, or in the municipal court when a city officer writes the citation inside city limits (Brownsville, Harlingen, San Benito and the other cities listed below). Class A and B misdemeanors, including a first DWI, possession of a small amount of marijuana, theft from $100 to $2,500 and assault causing bodily injury, are heard in Cameron County Court at Law No. 1, No. 2, No. 3, No. 4 or No. 5. The constitutional county court, led by the County Judge, handles county government business rather than a regular criminal docket. Felonies start with magistrate warnings at the jail; after a grand jury indictment they are assigned to one of the county's district courts, including the 103rd, 107th, 138th, 197th, 357th, 404th, 444th and 445th District Courts, all of which serve Cameron County alone.
Where pretrial inmates are held. The Sheriff runs the county's adult jail system, and the large Carrizales-Rucker Detention Center on Old Alice Road in Olmito is where most people are booked, see the jail magistrate and wait for release. The Sheriff also keeps a second, older jail facility in downtown Brownsville near the courthouse, and some inmates are housed there. In spring 2026 the state jail commission found the county's jails over capacity for about a week, and the Sheriff said he was working to avoid sending inmates to other counties. A person who cannot post bail stays in county custody until the case ends or a judge lowers the amount. Call the Sheriff's Office at (956) 554-6700 to confirm where someone is housed.
- Local courts in Cameron County (justice of the peace, municipal and county courts)
- What happens after an arrest in Cameron County
- The Cameron County jails
- Appointed lawyers and indigent defense in Cameron County
- The District Attorney and pretrial diversion
- 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 Cameron County
- Federal cases (U.S. District Court) from Cameron County
Local courts in Cameron County (justice of the peace, municipal and county courts)
Cameron County is divided into five justice of the peace precincts, and the busier precincts have more than one judge (called "places"), which is why ten JP courts appear below. Justices of the peace hear Class C cases, issue arrest warrants, and take turns acting as magistrates who read warnings and set bond for people in custody. A citation issued by a city officer usually goes to that city's municipal court instead. If your paperwork is unclear, call the court named on it before the appearance date.
Justice of the peace courts
- Precinct 1, 505 Highway 100, Port Isabel, TX 78578, (956) 943-2520
- Precinct 2, Place 1, 835 East Levee Street, 2nd Floor, Brownsville, TX 78520, (956) 544-0857
- Precinct 2, Place 2, 835 East Levee Street, 2nd Floor, Brownsville, TX 78520, (956) 544-0858
- Precinct 2, Place 3, 835 East Levee Street, 2nd Floor, Brownsville, TX 78520, (956) 547-7068
- Precinct 3, Place 1, 1390 West Expressway 83, San Benito, TX 78586, (956) 361-4618
- Precinct 3, Place 2, 1390 West Expressway 83, San Benito, TX 78586, (956) 361-8257
- Precinct 4, Luis Romero Building, 745 West Ocean Boulevard, Los Fresnos, TX 78566, (956) 233-6150
- Precinct 5, Place 1, Harlingen Annex, 3302 West Wilson Road, Harlingen, TX 78552, (956) 427-8057
- Precinct 5, Place 2, Harlingen Annex, 3302 West Wilson Road, Harlingen, TX 78552, (956) 427-8058
- Precinct 5, Place 3, 200 Industrial Way, La Feria, TX 78559, (956) 797-1887
- Jail magistrate (justice of the peace assigned to the detention center), 7100 Old Alice Road, Olmito, TX 78575, (956) 554-6703
Municipal courts
- Brownsville Municipal Court, 1034 East Levee Street, Brownsville, TX 78520, (956) 548-7181 (sessions are also held at westside and Southmost locations)
- Combes Municipal Court, P.O. Box 280, Combes, TX 78535, (956) 425-7131
- Harlingen Municipal Court, 1018 Fair Park Boulevard, Harlingen, TX 78550, (956) 216-5121
- Indian Lake Municipal Court, 62 South Aztec Cove Drive, Los Fresnos, TX 78566, (956) 233-4021
- La Feria Municipal Court, 115 East Commercial Avenue, La Feria, TX 78559, (956) 797-2261
- Laguna Vista Municipal Court, 122 Fernandez Street, Laguna Vista, TX 78578, (956) 943-1793
- Los Fresnos Municipal Court, 200 North Brazil Street, Los Fresnos, TX 78566, (956) 233-9200
- Palm Valley Municipal Court, 1313 North Stuart Place Road, Harlingen, TX 78552, (956) 423-8384
- Port Isabel Municipal Court, 110 West Hickman Street, Port Isabel, TX 78578, (956) 943-1281
- Primera Municipal Court, 22893 Stuart Place Road, Primera, TX 78552, (956) 423-9654
- Rancho Viejo Municipal Court, 3301 Carmen Avenue, Rancho Viejo, TX 78575, (956) 350-4093
- Rio Hondo Municipal Court, 121 North Arroyo Boulevard, Rio Hondo, TX 78583, (956) 748-2102
- San Benito Municipal Court, 485 North Sam Houston Boulevard, San Benito, TX 78586, (956) 361-3819
- Santa Rosa Municipal Court, P.O. Box 326, Santa Rosa, TX 78593, (956) 636-1064
- South Padre Island Municipal Court, 4601 Padre Boulevard, South Padre Island, TX 78597, (956) 761-3225
County courts
- Cameron County Court at Law No. 1, 974 East Harrison Street, Brownsville, TX 78520, (956) 544-0855
- Cameron County Court at Law No. 2, same address, (956) 544-0856
- Cameron County Court at Law No. 3, same address, (956) 574-8136
- Cameron County Court at Law No. 4, same address, (956) 574-8116
- Cameron County Court at Law No. 5, same address, (956) 356-6567
- Constitutional County Court (County Judge), 964 East Harrison Street, Brownsville, TX 78520, through the County Clerk at (956) 550-1327
A fine-only case can usually be resolved by paying, asking for deferred disposition, taking a driving safety course for an eligible traffic ticket, or pleading not guilty and setting a trial before a judge or a six-person jury. Anyone convicted in a JP court or a municipal court that is not a court of record can appeal for a new trial in a county court at law, but the appeal bond must be filed within ten days of the judgment.
What happens after an arrest in Cameron County
Whether the arrest happens on South Padre Island, in a Harlingen neighborhood or at a Brownsville traffic stop, the arresting agency drives the person to the Sheriff's booking area at the Carrizales-Rucker Detention Center. Booking includes fingerprints, a photograph, a warrant and immigration-status check, a property inventory and a health screening.
Magistration
Texas law (article 15.17 of the Code of Criminal Procedure) requires that an arrested person be brought before a magistrate within 48 hours. In Cameron County that is usually the jail magistrate, a justice of the peace who works from the detention center. The magistrate reads the charge, explains the right to remain silent and the right to a lawyer, takes a written request for appointed counsel, and sets the amount and type of bail. Since 2022 the magistrate must also review a public safety report that lists the person's criminal history before setting release terms.
Kinds of release
- Cash bond: the full amount is deposited with the Sheriff and returned, less fees, when the case ends.
- Surety bond: a licensed bail bond company posts the bond for a fee, usually around 10 to 15 percent, which is not refunded.
- Personal bond: release on a written promise to appear, often with check-ins at Cameron County Pre-Trial Services. State law bars personal bonds for people charged with many violent offenses.
Common conditions include no contact with an alleged victim, an ignition interlock device for DWI, GPS monitoring and drug testing. Texas voters approved a 2025 constitutional amendment that lets judges deny release entirely in some violent-crime cases. If the State is not ready for trial within 90 days on a felony (or 30 to 60 days for a misdemeanor, depending on the class), a jailed defendant can ask to be released on a personal bond or a lower amount, subject to exceptions.
The Cameron County jails
The Carrizales-Rucker Detention Center, 7100 Old Alice Road in Olmito, is the Sheriff's central booking and housing facility and the place where the jail magistrate holds hearings. The Sheriff's system has well over a thousand beds in total, including the older downtown Brownsville facility, which makes it one of the larger county jail systems in South Texas. The state commission that inspects county jails counted roughly 1,100 people in custody across the system at the start of 2022, and the population has risen since, leading to the 2026 overcrowding finding.
Both facilities house people awaiting trial on state charges, people serving short county sentences, and some federal defendants held for the U.S. Marshals Service. Families can learn custody status, visitation rules and how to deposit money by calling the Sheriff's Office at (956) 554-6700. When paying a bond, bring the inmate's full name and booking number; bondsmen in Brownsville and Harlingen can post surety bonds around the clock.
Young people under 17 are not held in either adult jail. They go to the county's juvenile detention center, described in the juvenile section below.
Appointed lawyers and indigent defense in Cameron County
Cameron County does not have an adult public defender's office. Instead, judges appoint private attorneys from approved lists under the county's indigent defense plan, which is filed with and partly funded by the Texas Indigent Defense Commission. Youths in juvenile court are represented by the Cameron County Juvenile Public Defender's Office, created by the county juvenile board.
- At magistration: say that you want a lawyer and fill out the financial affidavit. Pre-Trial Services screens the paperwork and the judge decides whether to appoint counsel.
- If you already posted bond: ask for an appointed lawyer at your first court setting or contact Pre-Trial Services to schedule an interview; bring pay stubs and other proof of income.
- Standard: the plan presumes a person is indigent when household income is below 125 percent of the federal poverty guidelines and assets are limited. Being free on bond does not by itself disqualify someone.
For help with an appointment request, call the clerk of the court where the case is pending: the District Clerk's criminal section at (956) 544-0839 for felonies, or the county court at law handling the misdemeanor (numbers listed above). Capital murder defendants may be represented by the state-funded Regional Public Defender for Capital Cases.
The District Attorney and pretrial diversion
Cameron County combines the felony and misdemeanor prosecution roles in a single office: the elected District Attorney also serves as the county's criminal prosecutor in the courts at law. The office screens cases filed by law enforcement agencies, presents felonies to the grand jury, negotiates pleas, tries cases, and runs victim assistance. The main number is (956) 544-0849.
For some first-time, lower-level defendants, the office may offer pretrial diversion: a supervised agreement, often lasting several months to a year, after which the charge is dismissed if the person completes classes, community service, restitution and drug testing. Eligibility is at the prosecutor's discretion and generally excludes violent and family-violence cases. In 2026 the office told reporters it was looking for ways to resolve low-level, nonviolent misdemeanor cases more quickly, including credit-for-time-served pleas and lower bond amounts where no case had yet been filed.
Other routes that keep a conviction off the record include deferred adjudication probation and, after a waiting period, a petition for an order of nondisclosure or expunction. A defense lawyer can explain which option fits a particular charge.
Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
Class A and B cases from anywhere in Cameron County are filed in one of the five county courts at law in Brownsville. A person arrested for a misdemeanor is booked at the Carrizales-Rucker Detention Center, sees the jail magistrate, and is often released the same day or the next on a surety or personal bond. Family-violence arrests can involve an emergency protective order and a short hold before release.
The court process
- Filing. The District Attorney reviews the arrest report and files an information (the formal charge) in a county court at law.
- Arraignment and settings. The defendant or the lawyer appears, enters a plea and receives discovery, including any dash or body camera video.
- Resolution. Most cases end with a dismissal, a plea agreement, deferred adjudication or pretrial diversion. A defendant can instead request a jury trial before six jurors, who must agree unanimously.
Penalties
- Theft: the value decides the class. Taking less than $100 in property is a Class C ticket offense, property worth $100 up to $750 is a Class B misdemeanor punishable by as much as 180 days and $2,000, and $750 up to $2,500 is a Class A misdemeanor carrying up to a year in the county jail and $4,000.
- First DWI: Class B, with 72 hours to 180 days in jail (probation is common) and a fine of up to $3,000; a blood or breath alcohol level of 0.15 or more makes it Class A, and an open container raises the minimum jail time to six days. Expect a driver's license suspension, a separate administrative suspension hearing, a DWI education class and possibly an ignition interlock.
- Assault causing bodily injury: Class A. When the court enters a family-violence finding, the person loses the right to possess firearms under federal law, and a second family-violence assault can be charged as a felony.
- Criminal trespass: usually Class B, Class A when it involves a home or a deadly weapon.
Because the county courts at law carry heavy dockets, a contested misdemeanor in Cameron County often takes two to six months. People without money for a lawyer should ask for appointed counsel at magistration or call the court at law handling the case.
Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
Felony defendants from Cameron County are held at the Carrizales-Rucker Detention Center until they post bail or the case is resolved. The jail magistrate sets the first amount; a district judge can later raise, lower or add conditions to it after a hearing.
Steps in district court
- Grand jury. The District Attorney presents the case to a Cameron County grand jury of twelve citizens. Nine votes are needed to return an indictment; the grand jury can also decline (a "no bill"). A defendant can waive indictment and be charged by information as part of a plea.
- Arraignment. After indictment the case is assigned to one of the district courts, where the defendant enters a plea.
- Pretrial. The lawyers exchange evidence, argue motions (for example, to suppress a search), and negotiate. Lab results in drug cases can add months.
- Plea or trial. Most felonies end in a plea bargain. At trial, twelve jurors must agree unanimously, and the defendant can choose whether the judge or the jury decides punishment.
Punishment ranges
- State jail felony (for example, theft of $2,500 to $30,000 or possession of less than a gram of many controlled substances): a state jail term of at least 180 days and no more than two years, plus a possible fine of as much as $10,000.
- Third degree: 2 to 10 years. Second degree, the level for breaking into a home and for most aggravated assaults: 2 to 20 years. First degree (large drug quantities, aggravated assault on a public servant): 5 to 99 years or life. Fines in each class can reach $10,000.
- Prior felony convictions can raise the range, and "3g" offenses such as aggravated assault with a deadly weapon require serving half of the sentence before parole eligibility.
Deferred adjudication probation is available for many first-time felonies, and the judge can dismiss the case when it is completed. A typical Cameron County felony takes six to eighteen months. If you cannot afford a lawyer, ask the magistrate or the District Clerk at (956) 544-0839 about appointed counsel.
Violent felony (for example, murder, sexual assault, aggravated robbery)
Charges like murder and aggravated robbery usually mean a long stay at the Carrizales-Rucker Detention Center. Bail amounts are high, personal bonds are prohibited for many violent offenses, and under the 2025 constitutional amendment a district judge may deny release altogether in certain cases after a hearing. Requests to lower the amount are heard by the district court once the case is assigned.
- Capital murder: death or life without parole. The District Attorney decides whether to seek a death sentence, and Texas leads the nation in executions.
- Murder: first degree, 5 to 99 years or life (second degree if the killing happened in sudden passion).
- Sexual assault: second degree, 2 to 20 years; aggravated sexual assault is a first-degree felony, and certain cases involving very young victims carry a minimum of 25 years. Conviction requires sex-offender registration.
- Aggravated robbery: punished in the first-degree range, and because it is a 3g offense, no parole review happens until half the term is served.
Violent cases often require autopsy reports, DNA testing and digital evidence, and in Cameron County many take one to three years to reach trial. The Texas Constitution (article I, section 30) gives victims the right to be informed, to confer with the prosecutor and to be present at public proceedings; the District Attorney's victim services unit handles notices. Judges appoint two qualified lawyers in a capital case when the defendant cannot afford counsel.
Juveniles (under 17) arrested in Cameron County
In Texas, juvenile court covers children who were 10 through 16 years old at the time of the offense. A 17-year-old arrested in Brownsville or Harlingen is charged as an adult and booked into the Carrizales-Rucker Detention Center, not the juvenile system.
Who handles the case
The Cameron County Juvenile Board designates the courts that sit as juvenile courts, and juvenile cases are heard by designated judges in the Brownsville judicial complex, including a county court at law. The Cameron County Juvenile Probation Department (Juvenile Justice Department) handles intake: an officer reviews the referral, talks with the child and family, and can release the youth, offer an informal adjustment, or send the case to the District Attorney, who decides whether to file a petition. Youths who qualify are represented by the Cameron County Juvenile Public Defender's Office.
Detention
A child who is not released to a parent is held at the county's juvenile detention center, the Darrel B. Hester Juvenile Detention Center in San Benito. A judge must hold a detention hearing within two working days (one working day if the child was detained on a Friday or Saturday), and the child must have a lawyer for that hearing. Detention is reviewed every 10 working days after that.
Possible outcomes
- Deferred prosecution (supervision for up to six months, then dismissal if completed).
- Probation at home or in a residential program, with conditions such as school attendance, counseling and restitution.
- For felony conduct, commitment to a state facility run by the Texas Juvenile Justice Department (TJJD).
- Determinate sentencing for serious listed offenses, which can begin at TJJD and transfer to adult prison at age 19.
Certification as an adult
The District Attorney may ask the juvenile court to waive its jurisdiction and transfer a case to adult district court. Generally that is possible for a child 14 or older charged with a capital felony, a first-degree felony or certain aggravated drug felonies, and 15 or older for other felonies, after a full investigation and hearing. Juvenile files are kept confidential, and most records can be sealed once the youth meets the statutory conditions.
Federal cases (U.S. District Court) from Cameron County
Cameron County belongs to the Brownsville Division of the U.S. District Court for the Southern District of Texas, which serves only Cameron and Willacy counties. The federal courthouse stands a few blocks from the county judicial complex on the same street.
- Reynaldo G. Garza–Filemon B. Vela U.S. Courthouse, 600 East Harrison Street, Brownsville, TX 78520, clerk (956) 548-2500
- U.S. Attorney's Office, Brownsville, 600 East Harrison Street, Suite 201, Brownsville, TX 78520, (956) 548-2554
- Federal Public Defender for the Southern District of Texas, which represents most defendants who cannot afford a lawyer; private panel attorneys appointed under the Criminal Justice Act take the rest
Why so many Cameron County cases are federal
As a border county with international bridges, Cameron produces a very high volume of federal prosecutions. Illegal reentry after deportation, alien smuggling and transporting undocumented migrants, and drug trafficking through the ports of entry or along the river are the most common, followed by firearms smuggling to Mexico, gun possession by prohibited persons and fraud. These cases come from Border Patrol, Homeland Security Investigations, Customs and Border Protection, the DEA and other agencies, and sometimes from local arrests that the U.S. Attorney adopts.
The federal process
After arrest the defendant appears before a U.S. magistrate judge in Brownsville, who explains the charges and appoints counsel. Brownsville's federal judges never accept a commercial bail bond. If prosecutors seek detention, a hearing is usually held within three court days, and under the Bail Reform Act the judge either sets release conditions supervised by U.S. Pretrial Services or orders the person held, and noncitizens frequently stay in custody because of immigration detainers. If the case began with a complaint, a grand jury must indict within 30 days, and the Speedy Trial Act sets a 70-day trial clock that judges often extend. Most defendants plead guilty; a trial needs a unanimous 12-person jury.
The U.S. Probation Office prepares a presentence report, and the judge weighs the advisory Sentencing Guidelines and any mandatory minimum (common in drug-trafficking and repeat-smuggling cases). Federal prisoners have no parole and serve about 85 percent of the term with good-conduct credit, in the Bureau of Prisons, followed by supervised release; many noncitizens are deported after the sentence. A defendant who wants to challenge a conviction or sentence appeals to the New Orleans-based Fifth Circuit Court of Appeals.
Finding a federal prisoner
Sentenced federal prisoners, and many people in federal pretrial custody, can be found through the Federal Bureau of Prisons inmate locator, which accepts a name or an eight-digit register number. Someone held before trial in a county jail that contracts with the U.S. Marshals, such as the Carrizales-Rucker Detention Center, may also be listed on that jail's inmate roster. People under 18 are rarely charged federally; nearly all juvenile cases stay in county juvenile court.
This guide describes the usual path of a criminal case in Cameron County and is not legal advice; laws, court assignments and local procedures change. A person charged with a crime here should get advice from a defense attorney licensed in Texas. To ask for a court-appointed lawyer, request one at magistration or call the District Clerk's criminal section at (956) 544-0839 for a felony or the assigned county court at law for a misdemeanor, and confirm every court date with the clerk.
Criminal Court Process for Cameron County Texas
Cameron County Texas Criminal Court System – Definitions
It might be helpful to define some words that will be used on this site, when explaining the Texas Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.
If you scroll down below this content, and the listing of the courts in Cameron County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.
Arrest is when Texas, Cameron County or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed.
In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Cameron County court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.
Booking is when the Cameron County sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested has the opportunity to “bail or bond out” before being detained.
The prosecution, sometimes called “the government” or “the people” or “the state” is the side that press the charges and seeks punishment for the offense. These are attorneys that work for the state of Texas, Cameron County or a city or town. The prosecuting attorney for Cameron County or the district works in the prosecutor’s office. A U.S. Attorney prosecutes federal cases.
Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case. For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case. If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime. Jurisdiction varies from state to state and sometimes county to county.
Arraignment in Texas comes after charges are formally filed, usually by indictment for a felony. The trial court reads the charge and the defendant enters a plea of guilty, not guilty or no contest. It is a separate step from the first appearance before a magistrate, where rights are explained, bail is set and a request for an appointed lawyer can be made.
An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.
Bail is money paid that is held by the Cameron County or municipal court to make sure that the arrested does not flee the area before their trial. In Texas, bail and its conditions are set by a magistrate soon after arrest, at the hearing often called magistration. When the case is over, cash posted as bail is refunded on the court’s order to the person named on the receipt, less any fee the law allows.
If a person does not pay bail, they stay in custody until their trial. Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.
A bond proceeding is the determination of how much bail is to be paid. In Texas it usually happens at the first appearance before a magistrate, soon after arrest, well before any arraignment. A defendant may have a lawyer at a bond proceeding, and a defendant facing a request to deny bail under Proposition 3 has the right to one at that hearing. Jailers, police and prosecutors can’t set bail. In Texas a magistrate does, usually within 48 hours of arrest, and that magistrate may be a justice of the peace, a municipal judge, an appointed magistrate or a county or district judge. Texas doesn’t use one bail schedule for the whole state; each county’s judges adopt their own. Before setting bail, the magistrate reviews a Public Safety Report on the person’s criminal history (the Damon Allen Act, Senate Bill 6, 2021). Since September 2025, Senate Bill 9 sends some felony bail decisions to a judge rather than an appointed magistrate, and since November 2025 Proposition 3 lets a judge deny bail outright for certain violent and sexual felonies after a hearing.
It is always important to have family involvement after being arrested. Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
(There have been phone scams to where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsman will not call asking for money without involvement of the arrested.)
A judicial public bond or personal recognizance bond is a bond where someone representing the defendant signs paperwork promising to pay the money if the defendant does not show up to court. If the defendant does not show, the full amount will be due and the people who signed the paperwork will be responsible to pay the court. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance.
Cash bonds in Texas. Instead of using a bondsman, the defendant or someone on their behalf deposits the full bail amount with the court or the sheriff. The money is held until the case ends, then refunded on the court’s order to the person named on the receipt, less the administrative fee the law allows (Art. 17.02).
Surety Bond is when defendant pays a percentage of the bond amount (usually 10–15%) to a professional bondsman or bail bond company licensed under Texas law, or by the county’s bail bond board in counties that have one. The bondsman then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsman feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee. For example, a bondsman may determine a defendant is a flight risk if they are from a state other than Texas.
A Property Bond is a bond in which the bond is pledged in land or home real estate. Usually, the property must be in Cameron County, and it must be worth at least the amount of the bond.
An Unsecured Bond is when the defendant is released without paying bail upfront, but they must pay the full amount if they do not appear in court.
A Secured Bond is when the defendant pays a portion of the bail up front. If they show to court, they would get the money back and if they don’t show up to court, would have to pay the entire bail amount.
A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest.
If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases and certain appeal cases. Class C misdemeanors do not qualify for indigent representation.
Texas requires that the county pays for appointed counsel and expenses and each county may address indigent defense differently but must comply with the state commission’s guidelines. If an accused cannot afford a lawyer, the court appoints one. A judge may later order the defendant to repay some or all of that cost if they are able to.
For less serious cases or civil cases, pro bono volunteers give legal help free or at low cost. Many hold clinics on representing yourself or clearing (expunging) a record. Pro Bono Texas is a good place to start looking for one.
Many courts will provide forms and help for people who want to represent themselves, called pro se.
In Texas, a district court is the main state trial court for felonies. The name can also mean a U.S. federal district court, which hears federal cases; Texas has four federal judicial districts with offices around the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late to court can land you in custody as well.
Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered. This information does not include conversations between the arrested and their attorney.
Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings. A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment. The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty. There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of more serious criminal related to the crime.
Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether if the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial. If a jury is selected, it is called a jury trial. If the defendant is found non-guilty, they are released. If they are found to be guilty, the next step is sentencing.
Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.
Appeal is asking for a higher court to hear the case again at an appellate court. If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.
Texas Felony vs Misdemeanor
In Texas, a misdemeanor is divided into Class A, Class B and Class C.
- Class A is the most serious misdemeanor with penalties of up to 1 year in county jail and a fine of up to $4000. Examples of a Class A misdemeanor in Texas include property theft valued between $750 and $2500, certain drug possession offenses and assault with bodily harm.
- Class B Misdemeanors can result in penalties of up to 180 days in county jail and a fine of up to $2000. Examples of a Class B misdemeanor include first offense DWI, possession of marijuana and criminal trespassing.
- Class C misdemeanor is the least serious and results in a fine of up to $500 without jail time. Examples of Class C misdemeanor include disorderly conduct, simple assault without bodily injury and minor possession of alcohol.
A felony crime in Texas is a more serious crime than a misdemeanor and can be punished with more significant fines and jail time of more than one year. Examples of felony crimes are murder, rape, theft, aggravated assault, drug trafficking, kidnapping and identity theft.
In Texas, the elected District Clerk keeps the records for felony cases and the elected County Clerk (or County Court at Law clerk) keeps misdemeanor records; both accept filings, bonds, fees and fines and keep the court’s files.
A warrant is used to get someone to appear in court or to law enforcement. There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime.
A criminal summons is issued to request that a person appear in court at a particular time and date. It does not involve an arrest. A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.
A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.
Fines are usually paid to the District Clerk or County Clerk, and payment methods can be found on the Cameron County District Clerk or County Clerk website. If you do not pay your fine on time, you can lose your driver’s license, have to pay additional fees or even have a warrant for your arrest. It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket.
Texas Criminal Court System - How it Works
Justice courts are located within precincts are the lower-level criminal courts that handle Class C misdemeanors such as disorderly conduct, public intoxication and minor possession of alcohol and traffic violations. The judges are magistrates.
Municipal courts handle violations of municipal ordinances (city laws), traffic violations, parking violations and criminal misdemeanor offenses that occur within the city or towns police jurisdiction. They overlap with justice courts in handling Class C misdemeanors. These courts are for criminal misdemeanors and are only punishable by fine and there is no confinement.
When there is an appeal request from a judgement made in justice or municipal court, the case is heard in a county or district court as if the original trial in the lower court had not occurred. This is called trial de novo.
Texas County Courts are the original and trial courts for the more serious Class A and B misdemeanor cases. Each Texas county has one constitutional county court, and many counties have added statutory County Courts at Law to share its caseload; in larger counties those courts hear most Class A and B misdemeanors. County courts are not courts for felony cases.
District courts in Texas are trial courts that handle criminal felony cases from beginning to end.
Every Texas county designates at least one court to sit as its juvenile court (Family Code 51.04). A child in juvenile court is someone who was 10 through 16 at the time of the alleged conduct; at 17, Texas treats a person as an adult in criminal cases. The juvenile cases are handled by judges assigned to only serve “juvenile court”.
Courts of Appeal handle appeals from the district and county courts.
Specialty courts or problem-solving courts are being adopted in many states as a way to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances. Texas offers a variety of specialty courts throughout the state including drug, veteran’s, re-entry and DWI courts.
Texas has two high courts. The Texas Supreme Court is the final word on civil and juvenile cases. The Texas Court of Criminal Appeals in Austin is the highest court for criminal cases and automatically reviews every death sentence. Most criminal appeals reach it after one of the state’s intermediate courts of appeals has ruled.
FEDERAL COURT
Federal Court deals with crimes involving violations of United States laws. Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.
Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime.
There are some differences in the Federal court system as compared to the Texas state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).
Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.
There are four U.S. Federal Judicial Districts in Texas.
