Guadalupe County Juvenile Detention Center Criminal Court Process
Criminal Court Process for Guadalupe County Texas
Seguin is the county seat of Guadalupe County, a fast-growing county east of San Antonio whose western suburbs, including Schertz and Cibolo, now hold a large share of its more than 190,000 residents. Class C cases are heard by four justice of the peace courts and by city municipal courts; Class A and B misdemeanors go to Guadalupe County Court at Law No. 1 or No. 2; and felonies are tried in four district courts: the 25th, the 2nd 25th, the 274th and the 456th. Unusually, the Guadalupe County Attorney's Office prosecutes both misdemeanors and felonies, through separate divisions. Adults arrested anywhere in the county are booked into the Guadalupe Adult Detention Center, run by the Sheriff on the north side of Seguin.
- Guadalupe County Justice Center (district courts, county courts at law, magistrate, clerks), 211 West Court Street, Seguin, TX 78155; county operator (830) 303-4188
- 25th, 2nd 25th, 274th and 456th District Courts, Justice Center, 211 West Court Street, Seguin, TX 78155, (830) 303-8852; District Clerk criminal desk (830) 303-8877
- Guadalupe County Court at Law No. 1, 211 West Court Street, Seguin, TX 78155, (830) 303-8869
- Guadalupe County Court at Law No. 2, 211 West Court Street, Seguin, TX 78155, (830) 303-8871
- Guadalupe County Attorney: Misdemeanor Division (830) 303-6130; Felony Division (830) 303-1922
- Guadalupe County Sheriff's Office, North Guadalupe Street, Seguin, TX 78155, (830) 379-1224
- Guadalupe Adult Detention Center, 2615 North Guadalupe Street, Seguin, TX 78155, (830) 303-8866
- Guadalupe County Juvenile Services (probation and juvenile detention), Seguin, (830) 303-1274
Which court hears your case. Class C misdemeanors carry only a fine: speeding and other traffic violations, public intoxication, theft of property worth less than $100, disorderly conduct, and 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, when it happened inside a city, in the municipal court of Seguin, Schertz, Cibolo, Marion or another city. Class A and B misdemeanors, such as a first DWI, Class B theft or assault causing bodily injury, are assigned to Guadalupe County Court at Law No. 1 or County Court at Law No. 2. Felonies start with magistrate warnings after booking and, after a grand jury returns an indictment, are tried in the 25th, 2nd 25th, 274th or 456th District Court. The 25th and 2nd 25th also travel to Colorado, Gonzales and Lavaca counties, while the 274th and 456th sit in Seguin. The county has no criminal district court.
Where pretrial inmates are held. Seguin, Schertz, Cibolo and Marion police, the Sheriff's deputies, troopers and other agencies all take arrested adults to the Adult Detention Center on North Guadalupe Street (State Highway 123 Business). A county magistrate works out of the Justice Center and handles warnings and bail settings for people booked overnight. Anyone who cannot post bail remains at the detention center while the case proceeds. Call the jail at (830) 303-8866 or the Sheriff's Office at (830) 379-1224 for custody information.
- Local courts in Guadalupe County (justice of the peace, municipal and county courts)
- The Guadalupe County Justice Center
- Booking, the county magistrate and release
- The Guadalupe Adult Detention Center
- Court-appointed lawyers and the County Attorney's two divisions
- 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 Guadalupe County
- Federal cases (U.S. District Court) from Guadalupe County
Local courts in Guadalupe County (justice of the peace, municipal and county courts)
The county's four justice of the peace precincts spread from Schertz on the western edge to the rural eastern half near Kingsbury and the Caldwell County line. Precinct 3, in Schertz, handles a heavy volume of traffic and eviction cases from the suburban corridor along Interstate 35 and FM 78. The justices also act as magistrates, issue warrants and can set bond.
Justice of the Peace courts
- Justice of the Peace, Precinct 1, 2405 East U.S. Highway 90, Seguin, TX 78155, (830) 372-4223
- Justice of the Peace, Precinct 2, 101 East Court Street, Seguin, TX 78155, (830) 379-2214
- Justice of the Peace, Precinct 3, 1101 Elbel Road, Suite 6, Schertz, TX 78154, (210) 945-6685
- Justice of the Peace, Precinct 4, 11144 FM 725, Seguin, TX 78155, (830) 372-8916
Municipal courts
- Seguin Municipal Court, 660 South State Highway 46, Seguin, TX 78155, (830) 401-2325
- Schertz Municipal Court, 1400 Schertz Parkway, Schertz, TX 78154, (210) 619-1500
- Cibolo Municipal Court, 200 South Main Street, Cibolo, TX 78108, (210) 658-7324
- Marion Municipal Court, P.O. Box 158, Marion, TX 78124, (830) 914-2391
Several cities straddle the county line. Parts of New Braunfels, Selma, Universal City and Luling lie in Guadalupe County, and a citation written inside those city limits goes to that city's own municipal court, even though the court building sits in a neighboring county. Tickets from Santa Clara, New Berlin, McQueeney, Geronimo and other areas without their own court go to the justice court for the precinct.
County courts
- Guadalupe County Court at Law No. 1 (Class A and B misdemeanors), Justice Center, 211 West Court Street, Seguin, TX 78155, (830) 303-8869
- Guadalupe County Court at Law No. 2 (Class A and B misdemeanors), Justice Center, 211 West Court Street, Seguin, TX 78155, (830) 303-8871
- County Court at Law criminal clerk, 211 West Court Street, Seguin, TX 78155, (830) 303-8861
- Guadalupe County constitutional county court (County Judge), 211 West Court Street, Seguin, TX 78155, county operator (830) 303-4188
Someone convicted of a Class C offense in a justice court, or in a municipal court that does not keep a record, can appeal to a county court at law and receive a brand-new trial there. The deadline to post the appeal bond is short, generally 10 days after judgment.
The Guadalupe County Justice Center
The Justice Center at 211 West Court Street, a block from the historic courthouse square in downtown Seguin, is where nearly all misdemeanor and felony hearings take place. Visitors pass through security screening, so allow extra time and leave pocketknives at home.
- District courts. The four district judges share one main line, (830) 303-8852, with extensions for the 25th (1), the 2nd 25th (2), the 274th (3) and the 456th (4).
- District Clerk. Felony indictments, motions and bond paperwork in felony cases are handled by the criminal desk at (830) 303-8877.
- County courts at law. Court at Law No. 1 answers at (830) 303-8869 and No. 2 at (830) 303-8871; the misdemeanor clerk is at (830) 303-8861.
- County magistrate. A full-time magistrate handles arrest warnings, bail settings and related hearings, reachable through the county operator at (830) 303-4188, extension 2329.
Defendants placed on probation report to the Guadalupe County Community Supervision and Corrections Department, which supervises people sentenced by both the district courts and the county courts at law.
Booking, the county magistrate and release
Whether the arrest happens on Interstate 10 near Seguin or in a Schertz neighborhood, the steps after it are the same.
- Booking at the Guadalupe Adult Detention Center. Officers deliver the person to the jail, where staff record identity, fingerprints and property, check for outstanding warrants and screen for medical or mental-health needs.
- Magistrate warnings within 48 hours. Article 15.17 of the Code of Criminal Procedure requires an appearance before a magistrate within 48 hours. In Guadalupe County this is usually the county magistrate, with justices of the peace filling in. The person hears the charge and the right to remain silent, can request a court-appointed lawyer, and learns the bail amount.
- Criminal history review. The magistrate considers a public safety report showing prior convictions and pending cases, a step the Damon Allen Act made mandatory in 2021. That law also forbids personal bonds for people accused of violent offenses.
- Ways to be released. A defendant can post a cash bond, hire a licensed bail bondsman to post a surety bond, or be released on a personal bond. Conditions may include ignition interlock for DWI arrests, GPS monitoring or protective-order terms in family-violence cases.
- Constitutional changes. In 2025, Texans voted for a constitutional amendment permitting judges to deny bail entirely in certain violent-crime cases.
Relatives can confirm custody, charges and bail amounts by calling the detention center at (830) 303-8866. Anyone who wants a lawyer but cannot afford one should say so and fill out the financial affidavit at magistration.
The Guadalupe Adult Detention Center
The Guadalupe Adult Detention Center at 2615 North Guadalupe Street in Seguin is the county's only adult jail. It holds people awaiting trial on misdemeanor and felony charges, people serving county jail sentences, people arrested on warrants from other counties, and inmates waiting to be transferred to state prison after sentencing.
The jail division answers at (830) 303-8866. Staff can confirm whether someone is in custody, what the charges are and how much the bail is, and explain visitation, mail and commissary deposits. The Sheriff's main number is (830) 379-1224.
Cities in the county do not run long-term jails of their own, so even people arrested by municipal officers on minor warrants are usually brought to the detention center.
Court-appointed lawyers and the County Attorney's two divisions
Getting a lawyer
Guadalupe County provides counsel to people who cannot afford it by appointing private attorneys from lists kept by the district courts and the county courts at law, as laid out in the county's indigent defense plan. The Texas Indigent Defense Commission sets minimum standards and provides part of the funding. The process begins with a request for counsel and a sworn financial affidavit, usually at magistration; the court then decides eligibility and assigns a lawyer. People released on bond who still need a lawyer can apply through the court handling the case: the District Clerk's criminal desk at (830) 303-8877 for felonies, or the County Court at Law criminal clerk at (830) 303-8861 for misdemeanors.
The prosecutor
Guadalupe County has no separate district attorney. The elected County Attorney carries out the duties of a district attorney as well, running a Misdemeanor Division ((830) 303-6130) for county court at law cases and a Felony Division ((830) 303-1922) that presents cases to the grand jury and tries them in the four district courts. The same office files juvenile petitions and helps victims through its victim services staff.
Options that avoid a conviction
- Pretrial diversion for some first offenders, who complete conditions such as classes, restitution or community service in exchange for dismissal.
- Deferred adjudication community supervision, which ends without a conviction when completed (generally not offered for DWI).
- Orders of nondisclosure, which keep many completed deferred cases out of public background checks.
- Expunction for cases that are dismissed in some circumstances or end in acquittal.
Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
Most Guadalupe County misdemeanor arrests come from DWI stops on Interstate 10, Interstate 35 and State Highway 46, retail theft in Seguin and Schertz, and family-violence calls. People taken into custody are booked into the Guadalupe Adult Detention Center; others receive a citation and a court date.
How the case moves
Once the magistrate has set bail and the person is released, the County Attorney's Misdemeanor Division reviews the offense report and files an information in County Court at Law No. 1 or No. 2. At the first setting the defendant is arraigned and confirms whether a lawyer has been hired or appointed. Discovery and plea negotiations follow at pretrial dockets. A defendant who wants a trial gets a six-member jury that must agree unanimously, or can ask the judge to decide the case.
What the law allows
- Theft is graded by value. Under $100 is Class C; property worth $100 to just under $750 is Class B, punishable by up to 180 days and a $2,000 fine; property worth $750 to just under $2,500 is Class A, with a one-year, $4,000 maximum.
- Assault causing bodily injury is charged as a Class A misdemeanor. When the victim is a relative, dating partner or household member, the court records a family-violence finding that can turn a later case into a felony and bars gun possession.
- Criminal trespass is ordinarily a Class B misdemeanor and becomes Class A at a residence or if the person was armed.
- A first DWI is a Class B misdemeanor with a 72-hour minimum and 180-day maximum jail term and a fine up to $3,000. It rises to Class A with a breath or blood result of 0.15 or more, and an open container in the vehicle sets a six-day minimum. A license suspension through the separate administrative hearing process, DWI education, possible ignition interlock and a state traffic fine are common add-ons.
Outcomes and timing
Cases end in dismissal, diversion, deferred adjudication, probation, a fine, or a stay in the county jail with credit for time served. Class C cases usually close within weeks; Class A and B cases take roughly two to six months. If you need appointed counsel on a misdemeanor, call the County Court at Law criminal clerk at (830) 303-8861.
Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
The County Attorney's Felony Division prosecutes these cases, and they are tried in one of the four district courts at the Justice Center. Interstate 10 and Interstate 35 bring a steady flow of drug and vehicle-theft cases, alongside burglaries and assaults from the county's growing suburbs.
From arrest to verdict
- Jail and bail. After booking at the Guadalupe Adult Detention Center, the person sees the magistrate within 48 hours. Felony bail tends to be higher, and conditions such as GPS monitoring or drug testing can be imposed.
- Appointed counsel. A district judge assigns a lawyer from the felony appointment list to a defendant who qualifies. The District Clerk's criminal desk can answer questions at (830) 303-8877.
- Indictment. Prosecutors present the case to a Guadalupe County grand jury. If the grand jury finds probable cause it returns an indictment; if not, it no-bills the case. Some defendants agree to waive indictment and resolve the case on an information.
- Release if the State is not ready. Article 17.151 generally entitles a jailed felony defendant to a personal bond or lower bail after 90 days if the prosecution is not ready for trial, with exceptions for violent offenses.
- Resolution. Most felony cases end in a negotiated plea. A trial jury has 12 members and must be unanimous, and the defendant may choose whether the judge or the jury sets punishment.
Punishment ranges
- State jail felony: 180 days to two years in a state jail facility and a fine of up to $10,000. Theft of $2,500 to $30,000 and possession of under one gram of many drugs fall here.
- Third-degree felony: two to ten years in prison. Second-degree felony: two to twenty years, which covers burglary of a habitation and most aggravated assaults. First-degree felony: five to ninety-nine years or life. A fine as high as $10,000 may accompany any of these.
- Drug offenses: the penalty group and amount control the degree, from state jail felony for small quantities up to first degree for large amounts or for delivery in a drug-free zone.
Earlier felony convictions can push a sentence into the habitual-offender range of 25 years to life. Defendants convicted of "3g" offenses must serve half the sentence, at least two years, before they can be considered for parole, while most other inmates become eligible after about a quarter of the term with good conduct time. Many people with no prior record are offered deferred adjudication. Expect a felony to take six to eighteen months.
Violent felony (for example, murder, sexual assault, aggravated robbery)
Serious violent cases go through the same district courts, but pretrial release is far harder to win. No personal bond is allowed for violent offenses, bail amounts tend to be set very high, and since the 2025 constitutional amendment judges may deny bail outright in some of these cases. Defendants who are not released wait at the Guadalupe Adult Detention Center until trial or plea.
- Capital murder: the only punishments are death or life without parole. Texas leads the nation in executions; whether to seek death is the County Attorney's decision.
- Murder: punished as a first-degree felony, anywhere from five years to 99 years or life. If the jury finds the killing happened in sudden passion, the range drops to second degree.
- Sexual assault: second degree, 2 to 20 years. Aggravated sexual assault: first degree, with a 25-year mandatory minimum when the victim is under 6, or under 14 in certain circumstances. Sex-offender registration follows.
- Aggravated robbery: a "3g" first-degree felony, punishable by five to 99 years or life.
The Sheriff's criminal investigators, city police departments and the Texas Rangers typically investigate these cases, and DNA or digital-forensic results from state labs often set the pace. Capital defendants must be represented by lawyers who meet state capital qualifications. The Texas Constitution, article I, section 30, guarantees victims notice of hearings, the chance to confer with the prosecutor and the right to give an impact statement. A violent-felony case can easily take one to three years to reach trial. Questions about appointed lawyers in felony cases go to the District Clerk at (830) 303-8877.
Juveniles (under 17) arrested in Guadalupe County
Texas juvenile courts deal with children aged 10 through 16 at the time of the alleged conduct. A 17-year-old is an adult under Texas criminal law and is booked into the Guadalupe Adult Detention Center, not the juvenile facility.
Intake and prosecution
Guadalupe County Juvenile Services ((830) 303-1274) handles intake for every juvenile referral. An intake officer reviews the police report, meets with the family and decides whether to release the child, offer an informal disposition or send the case to the County Attorney, which files juvenile petitions. The Guadalupe County Juvenile Board designates the juvenile court, typically one of the district courts or a county court at law; the probation department can tell families which judge is assigned.
Detention in Seguin
The county operates the Guadalupe County Juvenile Facility in Seguin, a 35-bed pre-adjudication detention center, so most detained youths stay in the county. A judge must hold a detention hearing within two working days of the child being taken into custody, and continued detention is reviewed regularly after that.
What can happen
- Supervisory caution or deferred prosecution, often with classes, community service or counseling.
- Probation at home or in a residential program after the court finds the child engaged in delinquent conduct.
- Commitment to the state's secure facilities run by the Texas Juvenile Justice Department (TJJD).
- A determinate sentence for the gravest offenses, which can carry a term that is completed in adult prison.
- Certification as an adult, generally possible for youths 14 or older charged with capital or first-degree felonies (and certain aggravated controlled substance felonies) and for youths 15 or older charged with other felonies.
Every child has the right to an attorney, appointed if the family qualifies. The law keeps juvenile records out of public view, and many qualify for sealing.
Federal cases (U.S. District Court) from Guadalupe County
In the federal system, Guadalupe County is assigned to the San Antonio Division of the Western District of Texas. A federal charge arising in Seguin, Schertz or Cibolo is filed and heard at the federal courthouse in downtown San Antonio, roughly 35 miles from Seguin.
- Federal court clerk's office in San Antonio, 262 West Nueva Street, Room 1-400, San Antonio, Texas 78207, (210) 472-6550
- U.S. Attorney's Office, Western District of Texas (headquarters), 601 NW Loop 410, Suite 600, San Antonio, TX 78216, (210) 384-7100
- Federal Public Defender for the Western District of Texas, which has a San Antonio office, or a private CJA panel attorney appointed by the court
Typical federal cases
Guadalupe County sits on the Interstate 10 and Interstate 35 corridors between San Antonio, Houston and Austin, and many of its federal cases grow out of that location: drug and human-smuggling loads intercepted on the highways, firearms trafficking, and felons caught with guns. Joint Base San Antonio-Randolph borders Schertz and Universal City, so some offenses on or involving the base are also federal. Child exploitation, bank robbery, identity theft and fraud cases round out the docket.
The federal process
At the initial appearance a U.S. magistrate judge informs the defendant of the charges and appoints a lawyer if needed. If the prosecution seeks pretrial detention, a hearing is typically held within three court days. Federal courts do not use commercial bail; the judge applies the Bail Reform Act, choosing between release on conditions that U.S. Pretrial Services monitors and continued custody. A person arrested on a complaint must be indicted within 30 days, and the Speedy Trial Act sets a 70-day trial clock that is often paused. Guilty pleas are the norm; at trial, all 12 jurors must agree.
After a conviction
U.S. Probation prepares a presentence investigation, and the judge considers the advisory Sentencing Guidelines along with any mandatory minimum. Federal prisoners are not eligible for parole and serve roughly 85 percent of their terms in the Bureau of Prisons, followed by supervised release. Appeals are taken to the U.S. Court of Appeals for the Fifth Circuit.
For anyone already in federal custody, the Federal Bureau of Prisons inmate locator can be searched by name or by register number. Pretrial federal detainees housed in a county jail through a U.S. Marshals agreement may also appear on that jail's inmate list. Juveniles are rarely charged federally, and young people from Guadalupe County are almost always handled in the county juvenile system.
This guide provides general information about the criminal courts in Guadalupe County, Texas, and is not legal advice. Offices, schedules and phone numbers can change. A person facing charges should get advice from a defense lawyer; those who cannot afford one can request appointed counsel at magistration, through the District Clerk's criminal desk at (830) 303-8877 for felonies, or through the County Court at Law criminal clerk at (830) 303-8861 for misdemeanors.
Criminal Court Process for Guadalupe County Texas
Guadalupe 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 Guadalupe 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, Guadalupe 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 Guadalupe 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 Guadalupe 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, Guadalupe County or a city or town. The prosecuting attorney for Guadalupe 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 Guadalupe 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 Guadalupe 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 Guadalupe 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.
