Galveston County Jail Criminal Court Process
Criminal Court Process for Galveston County Texas
The island city of Galveston is the county seat, and the Galveston County Justice Center on 59th Street is where Galveston's felony judges, its three misdemeanor judges, the clerks and the prosecutors all work. Island and mainland justice of the peace benches, plus the city courts of Galveston, Texas City, League City, Dickinson, Friendswood and other towns, take Class C tickets, the Class A and B docket is split three ways among the numbered County Courts at Law, and felony trials happen in the 10th, 56th, 122nd, 212th and 405th District Courts. Every state criminal case, misdemeanor or felony, is prosecuted by the Galveston County Criminal District Attorney. After an arrest, adults are taken to the Galveston County Jail, which the Sheriff runs on the island near the Justice Center.
- Galveston County Justice Center (felony and misdemeanor courtrooms, clerks, prosecutor), 600 59th St., Galveston, TX 77551
- Galveston County District Clerk (felony records), 600 59th St., Suite 4001, Galveston, TX 77550, (409) 766-2424; League City annex (281) 316-8729
- Galveston County Clerk (misdemeanor records), 600 59th St., Suite 2001, Galveston, TX 77550, (409) 766-2200
- Galveston County Criminal District Attorney, 600 59th St., Suite 1001, Galveston, TX 77551, (409) 766-2355; victim assistance (409) 770-5124
- Galveston County Juvenile Justice Department, 6101 Attwater Ave., Texas City, (409) 770-5900
- Galveston County Jail (Galveston County Sheriff's Office), 5700 Avenue H, Galveston, TX 77551, jail (409) 766-2315, Sheriff's Office (409) 766-2300
Which court hears your case. For a Class C misdemeanor (a fine-only offense: a moving violation, public intoxication on the Seawall, shoplifting under $100, a slap or shove that leaves no injury), the citation goes to the Galveston County Justice of the Peace court for that precinct, or to a city's municipal court when a city officer wrote it, Galveston's own municipal court being a court of record. Galveston prosecutors file Class A and B misdemeanors (a first-offense DWI among them) in one of three misdemeanor courts at the Justice Center, County Courts at Law Nos. 1–3. A felony case opens with warnings from a jail magistrate and, once a grand jury indicts, is tried in the 10th, 56th, 122nd, 212th or 405th District Court; the 306th District Court concentrates on family law. Each of these district courts serves Galveston County only.
Where pretrial inmates are held. Sheriff's deputies, the Department of Public Safety and every city police department from Kemah to Jamaica Beach bring adult arrestees across the causeway to the Sheriff's jail on Avenue H in Galveston. People who are not given a personal bond and cannot afford the amount set stay there while their case is pending; the facility also holds people on warrants from other counties awaiting pickup. Some mainland city police departments keep a short-term holding area, but people are moved to the county jail for magistration and longer custody. For inmate location, visits or release questions, phone the jail at (409) 766-2315.
- Local courts in Galveston County (justice of the peace, municipal and county courts)
- Booking, magistration and release in Galveston County
- Appointed defense lawyers in Galveston County
- The Criminal District Attorney, diversion and treatment 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 Galveston County
- Federal cases (U.S. District Court) from Galveston County
Local courts in Galveston County (justice of the peace, municipal and county courts)
Galveston County consolidated its justice courts into four precincts, two on the island and two on the mainland. JP judges handle traffic and other Class C complaints filed by deputies, constables and troopers, decide eviction and small claims matters, and sign arrest warrants. City courts are everywhere here, from Texas City and League City down to the tiny island villages, and a city judge sometimes doubles as a magistrate who sets bail for someone a city officer arrested.
Galveston County justice courts
- JP Precinct 1, 2516 Texas Ave., Texas City, TX 77590, (409) 770-5820
- JP Precinct 2, 1922 Sealy St., Galveston, TX 77550, (409) 766-2250
- JP Precinct 3, Justice Center, 600 59th St., 1st Floor, Galveston, TX 77551, (409) 770-5455
- JP Precinct 4, North County Annex, 174 Calder Rd., Suite 111, League City, TX 77573, (281) 316-8716
Municipal courts
- Galveston Municipal Court of Record, 601 54th St., Suite 300, Galveston, TX 77551, (409) 765-3740
- Texas City Municipal Court, Texas City, (409) 643-5800
- League City Municipal Court, League City, (281) 554-1060
- Dickinson Municipal Court, 4403 Highway 3, Dickinson, TX 77539, (281) 337-6297
- Friendswood Municipal Court, 1600 Whitaker Dr., Friendswood, TX 77546, (281) 996-3252
- Santa Fe Municipal Court, Santa Fe, (409) 935-2481
- Kemah Municipal Court, Kemah, (281) 334-5910
- Clear Lake Shores Municipal Court, 931 Cedar Dr., Clear Lake Shores, TX 77565, (281) 334-0697
- Bayou Vista Municipal Court, 2929 Highway 6, Suite 100, Bayou Vista, TX 77563, (409) 935-8348
- Jamaica Beach Municipal Court, Jamaica Beach (City Hall), (409) 737-1142
- Tiki Island Municipal Court, 747 Tiki Dr., Tiki Island, TX 77554, (409) 925-3507 (sits on the second Thursday of each month)
- La Marque Municipal Court, 1111 Bayou Rd., La Marque, TX 77568, (409) 938-9245
- Hitchcock Municipal Court, 6815 2nd St., Hitchcock, TX 77563, (409) 986-9702
Misdemeanor courts at the Justice Center
- County Court at Law No. 1, Justice Center, 600 59th St., Galveston, TX 77551, court coordinator (409) 766-2233
- County Court at Law No. 2, Justice Center, 600 59th St., Galveston, TX 77551, court coordinator (409) 766-2405
- County Court at Law No. 3, Justice Center, 600 59th St., Galveston, TX 77551, court coordinator (409) 621-7920
A person with a Class C citation in Galveston County can pay the fine, request deferred disposition or a defensive driving dismissal if eligible, or contest the ticket in a bench trial or before six jurors. Appeals from a JP or a non-record city court are retried from scratch in a County Court at Law, while an appeal from the Galveston Municipal Court of Record is decided on the transcript.
Booking, magistration and release in Galveston County
At the jail
Booking at the Galveston County Jail on Avenue H includes fingerprint and photo capture, a search, a check for holds and outstanding warrants, and a health screening. The arresting agency sends its probable cause paperwork to the Criminal District Attorney's intake division, which accepts, changes or rejects the proposed charge. Families who call the jail can usually learn the booking number and the listed charges once processing is complete.
Seeing a magistrate
Texas law (art. 15.17) gives the county 48 hours from arrest to present each person to a magistrate. Galveston County uses a magistrate court that operates at the jail every day, so most people see a judge within a day. The Galveston magistrate explains the accusation, cautions that statements may be used as evidence and that counsel is available, accepts applications for appointed counsel, and checks the statewide public safety report (a Damon Allen Act requirement) before fixing release terms.
Ways to be released
Release can come through a cash bond paid in full, a surety bond, for which a licensed bail bondsman charges a fee the family does not get back, or a personal bond, where the only price is a signed promise to come to court and follow the conditions. People accused of violent offenses are barred from personal bonds, and judges often add terms such as GPS monitoring, alcohol monitors, an ignition interlock or a protective order. Under a constitutional amendment Texas voters approved in 2025, judges in Galveston County can deny bail in some violent-crime cases. Someone who misses a court date after release faces a new warrant and possibly a separate bail-jumping charge.
Appointed defense lawyers in Galveston County
Galveston relies mainly on appointed private attorneys: the judges select them in rotation from approved lists set out in the county's indigent defense plan, and the Texas Indigent Defense Commission supplies part of the funding. The county also has a mental health public defender office on Moody Avenue in Galveston that represents misdemeanor defendants with serious mental illness.
- Making the request: say yes when the jail magistrate asks about a lawyer, then complete the sworn statement of income and expenses. The court must rule on the request promptly, generally within one working day for someone in custody.
- Released defendants: a person already out on bail can still ask for an appointed lawyer through the court where the case is filed. Call the County Court at Law coordinator for a misdemeanor (No. 1 (409) 766-2233, No. 2 (409) 766-2405, No. 3 (409) 621-7920) or the District Clerk at (409) 766-2424 for a felony.
- Repayment: if a defendant's finances improve, the judge can order partial reimbursement of attorney fees.
Relatives of someone held at the Galveston County Jail who has not heard from a lawyer within a few days should contact the clerk of the assigned court to confirm that an appointment was made.
The Criminal District Attorney, diversion and treatment courts
Galveston voters elect a Criminal District Attorney, so the same elected office handles a Bolivar Peninsula shoplifting case and a Texas City homicide alike, and no County Attorney handles crimes. The office at the Justice Center ((409) 766-2355) also handles juvenile cases and protective orders, and its victim assistance staff guide crime victims through hearings.
Pretrial diversion
For some first-time and low-level defendants the prosecutor offers a pretrial diversion agreement. The defendant agrees to conditions for a fixed term, which may include classes, counseling, community service, restitution and drug or alcohol testing, and the case is dismissed after successful completion; many people who finish can then apply to expunge the arrest. Prosecutors set eligibility rules, and DWI cases are usually handled under narrower terms than theft or drug possession cases. Posting bail is no obstacle, but a new arrest ordinarily ends the agreement.
Specialty courts
Galveston County operates treatment-oriented court programs for selected defendants. Programs here have included drug, veterans and mental health courts, each of which pairs close judicial supervision with treatment, frequent testing and regular status hearings. Graduates can earn a dismissal or a reduced outcome. Entry generally needs a referral from the defense lawyer and approval from the prosecutor and the program team.
Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
The first steps
Picture a Saturday-night DWI stop on Seawall Boulevard or a shoplifting call at a League City store: either way, the person goes to the Galveston County Jail, is processed, and sees the jail magistrate. Plenty of Class A and B defendants leave within a day on a personal or surety bond. Next, the Criminal District Attorney's misdemeanor section files its charging instrument, an information, and the clerk sends the file to one of the three County Courts at Law on 59th Street. At that opening docket the defense picks up discovery, and prosecutors usually put a first offer on the table.
What the common charges carry
- DWI, first offense: a Class B misdemeanor in Galveston County as everywhere in Texas. The jail range runs from three days to six months, climbing to a six-day floor when an open container was in the vehicle, and fines top out at $3,000. If the measured alcohol concentration reached 0.15, the charge is filed as Class A instead. Courts here routinely add a license suspension, the state DWI education class and sometimes an interlock; the ALR suspension tied to a breath or blood test refusal or failure runs on its own civil track.
- Theft: Galveston shoplifting cases are graded by value, Class C below $100, Class B from $100 to $749.99, and Class A from $750 to $2,499.99.
- Assault causing bodily injury: charged at the Class A level, so the ceiling is a year in jail and a $4,000 fine. Where the alleged victim is a family member, dating partner or household member, a conviction triggers gun prohibitions and turns a later case into a felony.
- Criminal trespass: normally Class B; Class A when the property was a habitation or the person carried a deadly weapon at the time.
How the case ends
The possible endings in the three Galveston County Courts at Law range from an outright dismissal or diversion, through deferred adjudication or probation, to a fine or a jail term that frequently matches days already spent in custody. Misdemeanor juries in Galveston have six members, and their verdict must be unanimous. Article 17.151 also protects jailed misdemeanor defendants: when the prosecution has not announced ready within 15 days (Class B) or 30 days (Class A), the court has to grant a personal bond or lower the bail. A Galveston misdemeanor usually closes in two to six months; completing deferred adjudication can open the door to a nondisclosure petition.
Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
Custody and release
On a felony arrest, the first stop is again the Galveston County Jail, with a magistrate hearing inside the 48-hour window. The magistrate weighs the offense level, any prior record and the public safety report in setting bail, and drug testing or a no-contact order is a routine add-on. Galveston defendants who stay locked up while prosecutors are still not ready on day 90 can ask the court to convert to a personal bond or cut the amount (art. 17.151); that safety valve is closed to anyone charged with a violent offense.
Grand jury
Felony prosecutors take each case to a Galveston County grand jury at the Justice Center. It takes nine votes among the twelve members to return a true bill. Once indicted, the case goes on the docket of the 10th, 56th, 122nd, 212th or 405th District Court for arraignment. Some defendants skip the grand jury by waiving indictment and pleading to an information as part of an early deal.
Resolution
Between arraignment and disposition there are usually several settings in which evidence is exchanged, suppression and other motions are argued, and offers are traded. Pleas end the large majority of Galveston felony cases. If a case goes to trial, the twelve-member district court jury must reach a unanimous verdict, and before trial the accused elects whether the jury or the judge will decide punishment. Lawyers for indigent felony defendants are appointed from the district judges' wheel.
Ranges of punishment
- State jail felony, the lowest felony grade (for instance, theft of $2,500 to $29,999, or possessing under a gram of methamphetamine, cocaine or heroin): between 180 days and two years, served in a state jail.
- Third degree: no less than two and no more than ten years in TDCJ.
- Second degree, the grade for most burglaries of a habitation and most aggravated assaults: two to 20 years.
- First degree, which reaches large-scale drug delivery, among other crimes: from five years to 99, or life.
Fines of as much as $10,000 are possible for every felony grade, and earlier felony convictions can push a case up a grade, or into the habitual-offender range. First offenders often receive deferred adjudication or straight probation. For a prison sentence, parole review generally begins after one-quarter of the term (good time counted), while "3g" offenses require one-half and never less than two years. A Galveston felony case commonly lasts six to 18 months.
Violent felony (for example, murder, sexual assault, aggravated robbery)
Murder, sexual assault and aggravated robbery cases begin like other felonies, with booking at the Galveston County Jail and a magistrate hearing, and are resolved before a felony district judge on 59th Street, but the Criminal District Attorney assigns them to its most senior trial lawyers and they move more slowly.
Bail in violent cases
Texas law prohibits a personal bond for anyone charged with a violent offense, and in Galveston the bail figure for a homicide or sexual assault is typically left to a district judge. Texas voters approved a 2025 constitutional amendment that lets judges deny bail in some violent-crime cases; in those cases a defendant may be ordered held with no release terms. Violent charges are also carved out of the 90-day release provision.
Penalties
- Murder is a first-degree felony; a Galveston jury or judge can impose five to 99 years or life.
- Capital murder: only two sentences exist, life without parole and death. More people have been executed in Texas than in any other state, and anyone facing a death-penalty prosecution must be represented by specially qualified counsel.
- Sexual assault: second-degree felony (two to 20 years). Aggravated sexual assault is a first-degree charge, and certain cases with very young victims require at least 25 years.
- Aggravated robbery, first degree, is on the "3g" list, which delays parole eligibility until half the sentence is served.
Timeline and victims' rights
Waiting on lab reports and experts, and finding trial dates, means these Galveston prosecutions often stretch from one to three years. Victims and their families, under the Texas Constitution's article I, section 30, are entitled to notice, to attend proceedings and to speak at sentencing; call the Criminal District Attorney's victim assistance staff at (409) 770-5124. On the defense side, anyone without the money for a lawyer gets appointed counsel, and capital cases require specially qualified counsel.
Juveniles (under 17) arrested in Galveston County
Galveston County's juvenile system reaches children who had turned 10 and were still 16 or younger when the alleged conduct took place. Once a teen turns 17, Texas law treats new charges as adult cases, so a 17-year-old arrested in Texas City or on the island is booked into the adult jail.
Intake
Police and deputies bring detained children to the Galveston County Juvenile Justice Department on Attwater Avenue in Texas City ((409) 770-5900), which also runs an office on Moody Avenue in Galveston. A juvenile probation intake officer screens the referral, decides whether a parent can take the youth home that night, and forwards the case to the juvenile prosecutors in the Criminal District Attorney's office, who decide whether to file a petition. Which court sits as juvenile court is set by the Galveston County Juvenile Board, and probation officers tell families where hearings take place.
Detention
Children who are held stay at the Galveston County Juvenile Justice Center detention unit in Texas City and are never placed in the adult jail. Within two working days of admission a judge or referee holds a detention hearing at which the child has a lawyer, with the court paying for one when the parents cannot. Juvenile courts do not set bail; the youth is either released to a parent, often with conditions such as school attendance or electronic monitoring, or kept in detention with a fresh review at intervals of no more than ten working days.
Possible results
- A supervisory caution, or deferred prosecution lasting several months, after which the referral closes without an adjudication.
- After a finding of delinquent conduct, supervision by Galveston juvenile probation officers at home or in a residential treatment placement.
- For felony-grade behavior, the judge can send the youth to the Texas Juvenile Justice Department (TJJD).
- A determinate term for the gravest offenses, with any remaining time possibly served in TDCJ after the youth ages out.
Certification
For the most serious charges, Galveston prosecutors can ask the juvenile judge to waive jurisdiction so the case can be tried in adult district court. Certification is generally open for a youth 14 or older charged with capital murder, a first-degree felony or an aggravated drug felony, and for one 15 or older charged with any other felony, and the judge must order a complete diagnostic study and hold a hearing before deciding. Juvenile files are confidential under the Family Code, and sealing is frequently available once a Galveston juvenile case closes.
Federal cases (U.S. District Court) from Galveston County
Galveston gives its name to one of the Southern District of Texas's seven divisions. The Galveston Division, which also takes in Brazoria, Chambers and Matagorda counties, holds court in the historic post office and courthouse building on Rosenberg Avenue.
- U.S. District Court, Galveston Division, U.S. Post Office and Courthouse, 601 Rosenberg, Room 411, Galveston, TX 77550, (409) 766-3530
- U.S. Attorney, Southern District of Texas, headquarters at 1000 Louisiana St., Suite 2300, Houston, TX 77002, (713) 567-9000
- FDC Houston, the Bureau of Prisons detention center for Southern District pretrial defendants, 1200 Texas Ave., Houston, TX 77002, (713) 221-5400
- Defense for those who cannot pay: Southern District Federal Public Defender staff or a Criminal Justice Act panel attorney named by the court
What brings a Galveston County case to federal court
With the Port of Galveston, the Texas City refineries, the Intracoastal Waterway and miles of Gulf shoreline, the county produces a distinctive mix of federal cases: drug and human smuggling by sea, crimes on cruise ships and vessels, environmental and maritime safety violations, and offenses investigated by the Coast Guard and Homeland Security Investigations. The Galveston Division also sees firearms cases against prohibited persons, child pornography prosecutions, fraud against federal programs and bank robberies. State cases sometimes move to federal court when a federal agency took part in the investigation.
Early proceedings
The island federal court has no place for a bail bondsman. On the island, a federal arrestee's first court event is an initial appearance before a magistrate judge of the Galveston Division, where the charges are read and, for someone who qualifies, a lawyer is assigned. Prosecutors who want the person held must ask for a detention hearing, ordinarily set no more than three court days later. The Bail Reform Act gives the magistrate a binary choice, conditions of release monitored by Pretrial Services or custody until trial.
Indictment to judgment
Galveston federal prosecutions started by complaint must be indicted by a grand jury no later than 30 days after the arrest, and the 70-day trial clock of the Speedy Trial Act is usually stopped by continuances. Plea agreements dispose of most cases; a contested case goes to a twelve-person jury that must be unanimous. Next comes U.S. Probation's presentence investigation, then the Guidelines calculation, which is advisory, and statutory minimums, frequent in drug, gun and child exploitation cases, cannot be ignored. Because federal parole no longer exists, a defendant can expect roughly 85 percent of the Bureau of Prisons term to be served before beginning supervised release, and any appeal goes to the New Orleans-based Fifth Circuit.
Finding a federal prisoner
The Federal Bureau of Prisons inmate locator reports a federal prisoner's facility after a search by name or register number. Some pretrial federal detainees sit in county jails under U.S. Marshals contracts; such a defendant may be found on that county's roster as well. Juvenile prosecutions in federal court are exceedingly rare, and Galveston youths nearly always stay in the county juvenile process.
Treat this Galveston County overview as general information rather than legal advice; judges, programs, addresses and phone numbers shift over time. Anyone with a pending case should consult a defense attorney. Without money for one, ask the jail magistrate for appointed counsel, or call the District Clerk at (409) 766-2424 on a felony or the County Court at Law No. 1 coordinator at (409) 766-2233 on a misdemeanor.
Criminal Court Process for Galveston County Texas
Galveston 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 Galveston 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, Galveston 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 Galveston 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 Galveston 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, Galveston County or a city or town. The prosecuting attorney for Galveston 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 Galveston 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 Galveston 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 Galveston 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.
