Henderson County stretches from Cedar Creek Lake to the Neches River southeast of Dallas, and Athens is its county seat. Class C cases are spread among five justice of the peace precincts and more than a dozen city courts, Class A and B misdemeanors go to Henderson County Court at Law No. 1 or No. 2, and felonies are tried in the 3rd, 173rd and 392nd District Courts (the 3rd also serves Anderson and Houston counties). The Henderson County Attorney prosecutes misdemeanors and the Henderson County District Attorney prosecutes felonies. People arrested anywhere in the county are booked into the Sheriff's jail on North Murchison Street in Athens.
- Henderson County Courthouse (3rd, 173rd and 392nd District Courts; District Clerk), 100 East Tyler Street, Suite 203, Athens, TX 75751, (903) 675-6115
- Henderson County Courts at Law No. 1 and No. 2 (misdemeanors), 100 North Prairieville Street, Suite 101, Athens, TX 75751; County Clerk (903) 675-6140
- Henderson County Attorney (misdemeanors), Athens, (903) 675-6112
- Henderson County District Attorney (felonies), Athens, (903) 675-6100
- Henderson County Jail, 206 North Murchison Street, Athens, TX 75751; Sheriff's Office (903) 675-5125
Which court hears your case. Class C misdemeanors, such as traffic tickets, public intoxication, theft of less than $100 or an assault with no injury, are fine-only offenses handled by the justice of the peace for the precinct where they happened, or by the municipal court of the city whose officer wrote the ticket (Athens, Gun Barrel City, Malakoff, Seven Points, Tool, Chandler and others). Class A and B misdemeanors, including a first DWI, belong in either County Court at Law No. 1 or County Court at Law No. 2. Felonies begin with magistrate warnings at the jail; after a Henderson County grand jury returns an indictment, the case is assigned to the 3rd, 173rd or 392nd District Court.
Where pretrial inmates are held. The Henderson County Sheriff runs the county jail in downtown Athens, a block from the courthouse. Every adult arrested in the county, whether by deputies, DPS troopers or police from the lake cities, is booked there, and anyone who cannot make bond stays in custody until release or the end of the case. For custody and release information, call the Sheriff's Office at (903) 675-5125.
- Local courts in Henderson County (justice of the peace, municipal and county courts)
- Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
- Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
- Violent felony (for example, murder, sexual assault, aggravated robbery)
- Juveniles (under 17) arrested in Henderson County
- Federal cases (U.S. District Court) from Henderson County
Local courts in Henderson County (justice of the peace, municipal and county courts)
Henderson County's five justice precincts are based in Athens (Precinct 1), Seven Points on Cedar Creek Lake (Precinct 2), Chandler near Lake Palestine (Precinct 3), the LaRue and Poynor area in the south (Precinct 4) and Malakoff (Precinct 5). Each justice of the peace hears fine-only criminal cases, small civil suits and evictions, and also takes turns as magistrate, warning people after arrest and setting bail. Many of the small lake towns run their own part-time municipal courts.
Justice of the peace courts
- Precinct 1, Henderson County Justice Center, 100 East Tyler Street, Athens, TX 75751, (903) 677-6373
- Precinct 2, 422 East Cedar Creek Parkway, Suite C (P.O. Box 43672), Seven Points, TX 75143, (903) 432-4334
- Precinct 3, P.O. Box 835, Chandler, TX 75758, (903) 849-2222
- Precinct 4, P.O. Box 110, Poynor, TX 75782, (903) 676-4065
- Precinct 5, P.O. Box 885, Malakoff, TX 75148, (903) 489-0474
Municipal courts
- Athens, 501 North Pinkerton Street, Athens, TX 75751, (903) 675-8910
- Berryville, P.O. Box 908, Frankston, TX 75763, (903) 876-3763
- Brownsboro, P.O. Box 303, Brownsboro, TX 75756, (903) 852-6761
- Caney City, 15241 Barron Road, Caney City, TX 75148, (903) 489-1844
- Chandler, 811 Highway 31 East (P.O. Box 425), Chandler, TX 75758, (903) 849-6853
- Coffee City, 7019 Pleasant Ridge Road, Coffee City, TX 75763, (903) 876-3414
- Eustace, 107 Edgar Street (P.O. Box 579), Eustace, TX 75124, (903) 425-6614
- Gun Barrel City, 298 Municipal Drive, Gun Barrel City, TX 75156, (903) 887-4990
- Log Cabin, 14387 Alamo Road, Log Cabin, TX 75148, (903) 489-4204
- Malakoff, 109 South Melton Drive, Malakoff, TX 75148, (903) 489-3472
- Payne Springs, 9692 State Highway 198 South, No. 2, Payne Springs, TX 75156, (903) 451-9110
- Seven Points, 428 Cedar Creek Parkway, Seven Points, TX 75143, (903) 432-3176
- Star Harbor, P.O. Box 949, Malakoff, TX 75148, (903) 489-0091
- Tool, 701 North Tool Drive, Tool, TX 75143, (903) 432-3522
- Trinidad, 212 Park Street (P.O. Box 345), Trinidad, TX 75163, (903) 778-4545
Mabank's city court sits across the line in Kaufman County, although part of that city lies in Henderson County.
County courts
- Henderson County Court at Law No. 1 and County Court at Law No. 2, 100 North Prairieville Street, Suite 101 (P.O. Box 632), Athens, TX 75751; criminal case filings through the County Clerk, (903) 675-6140
- Henderson County Court (constitutional county court; County Judge's office, 125 North Prairieville Street, Athens), (903) 675-6120
Tickets list the court and the date to respond. Options generally include paying, requesting deferred disposition or a driving safety course, or pleading not guilty and asking for a bench or jury trial. A missed date often leads to a failure-to-appear charge and a warrant. Appeals from a justice or city court go to a county court at law, which retries the case.
Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
Lake-area DWI arrests, shoplifting in Athens and family disturbances make up a large part of Henderson County's misdemeanor caseload. After booking at the Henderson County Jail, the arrested person goes before a magistrate within 48 hours for warnings and a bond decision. Conditions may include an interlock device, alcohol monitoring or an emergency protective order in a family-violence case.
Moving through a county court at law
- Charging decision. The Henderson County Attorney's office reviews the case and files an information in County Court at Law No. 1 or No. 2, or declines it.
- Counsel. A defendant who may be jailed and cannot afford a lawyer can request appointed counsel at magistration or at the first setting. Under the county's indigent defense plan, the court assigns a private attorney from its appointment list.
- Settings and outcome. After arraignment come pretrial settings and plea discussions. Results range from dismissal and pretrial diversion to deferred adjudication, probation, fines or jail time. Trials use six jurors, and the verdict must be unanimous.
Penalties at a glance
- A Class B offense allows up to 180 days in county jail with a fine of up to $2,000. Class A raises the limits to one year and $4,000.
- Theft is a Class B misdemeanor when the value is $100 or more but less than $750, and Class A from $750 up to $2,500.
- A first DWI is Class B: 72 hours to 180 days (often probated), a fine up to $3,000 and possible DWI education and interlock requirements. With a 0.15 or higher alcohol concentration it is Class A, and an open container carries a six-day minimum. A failed or refused test also triggers a separate license suspension, which can be contested if a hearing is requested within 15 days.
- Assault causing bodily injury is Class A; a family-violence finding can turn a later assault into a felony. Criminal trespass is usually Class B.
Most Henderson County misdemeanors are resolved within two to six months. Finishing deferred adjudication successfully can open the door to an order of nondisclosure that hides the record from most private background checks.
Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
Felony arrests in Henderson County range from methamphetamine possession and burglaries of lake houses to aggravated assaults. Defendants are held at the Henderson County Jail until they make bail, which the magistrate sets after reviewing the required public safety report.
Key stages
- Grand jury. The District Attorney presents the case to a twelve-member Henderson County grand jury, and nine votes are required for an indictment.
- Court assignment. Felonies are spread among the 3rd, 173rd and 392nd District Courts. The 3rd District Court also has Anderson and Houston County dockets, so its Henderson County settings are scheduled around that travel.
- The 90-day release rule. A defendant jailed on a felony who has not been brought to trial because the State is not ready within 90 days usually must be released on a personal bond or a reduced amount, with exceptions for violent offenses.
- Plea or trial. Plea bargains and deferred adjudication resolve most cases. If the case is tried, all twelve jurors have to agree on the verdict, and the defense may elect to have the jury fix the sentence.
Ranges
- State jail felonies, for instance theft of $2,500 to under $30,000 or less than one gram of methamphetamine, carry 180 days to 2 years.
- Third-degree felonies run from 2 to 10 years. Second-degree felonies, such as burglary of a habitation and most aggravated assaults, run from 2 to 20.
- First-degree felonies, including possession with intent to deliver four grams or more of methamphetamine, carry 5 to 99 years or life.
A felony fine can reach $10,000, and prior convictions can enhance the range. Non-aggravated prison sentences generally allow parole consideration after about one-quarter of the term with good time; 3g offenses require half. Felony cases in Henderson County typically last six to eighteen months. To request a court-appointed lawyer, ask at magistration or contact the District Clerk at (903) 675-6115.
Violent felony (for example, murder, sexual assault, aggravated robbery)
A person accused of a violent felony in Henderson County should expect a long stay at the Henderson County Jail. State law forbids personal bonds on violent charges, and Texas voters approved a 2025 constitutional amendment allowing judges to deny bail in some violent-crime cases after a hearing; when money bail is set, it is often very high.
- Capital murder carries either life without parole or the death penalty, if the District Attorney seeks it and a jury imposes it.
- Murder carries five years to life.
- Sexual assault is punished as a second-degree felony and requires sex-offender registration.
- Aggravated sexual assault is a first-degree felony with a 25-year minimum for certain young child victims.
- Aggravated robbery is first degree as well; it and the other aggravated offenses here are 3g crimes that require serving half the sentence before parole.
Major investigations are led by the Sheriff's Office or Athens police, with help from the Texas Rangers and state crime labs. Trial preparation in the district courts commonly takes one to three years. Crime victims can ask to be notified of every proceeding, talk with the prosecutor about a plea offer and make an impact statement after sentencing. Indigent defendants charged with capital murder receive qualified appointed counsel, often from a regional capital defender office.
Juveniles (under 17) arrested in Henderson County
Texas treats a child who was 10 through 16 at the time of an offense as a juvenile. Once a person turns 17, an arrest in Henderson County leads to adult booking at the Henderson County Jail.
Probation intake and court
Henderson County Juvenile Probation in Athens screens every referral from law enforcement. The intake officer meets with the youth and parents and decides on release, an informal plan or referral to the prosecutor. The petition is filed in the juvenile court designated by the county's juvenile board, which in Henderson County is generally one of the county courts at law or a district court; the probation office can tell families which judge has the case.
Detention
A youth who is not released goes to a juvenile detention facility, typically a regional or contract center in East Texas if no county facility is available. The judge must hold the detention hearing no later than two working days after the youth is taken in. If the family cannot afford a lawyer, the court appoints one before that hearing.
How cases end
- Supervisory caution or deferred prosecution, usually for first or minor offenses.
- Probation with conditions like school attendance, counseling, curfew or restitution.
- A TJJD commitment (Texas Juvenile Justice Department) where the conduct amounts to a felony.
- Determinate sentencing for serious listed offenses, which can extend into the adult prison system.
The prosecutor can ask the court to transfer a juvenile to adult criminal court, generally for a child at least 14 accused of a capital or first-degree felony or certain aggravated drug felonies, and at least 15 for other felonies. Juvenile records are confidential under Texas law, and many qualify for sealing.
Federal cases (U.S. District Court) from Henderson County
Henderson County is one of the counties in the Tyler Division of the Eastern District of Texas. Athens is about 35 miles west of the federal courthouse in Tyler, which is also the district's headquarters.
- William M. Steger Federal Building and U.S. Courthouse, clerk's office in Room 106, 211 West Ferguson Street, Tyler 75702, (903) 590-1000
- U.S. Attorney, Eastern District of Texas (headquarters), Suite 700, 110 North College, Tyler 75702, (903) 590-1400
- Federal Public Defender for the Eastern District of Texas, or a CJA panel attorney appointed by the court for eligible defendants
Typical federal matters
Henderson County residents end up in federal court mostly on methamphetamine and fentanyl distribution conspiracies, gun possession by people with felony records, fraud and child-exploitation charges. These cases usually begin with the DEA, ATF, FBI or Homeland Security Investigations, frequently working with the Sheriff's Office or Athens police.
What the federal process looks like
A federal magistrate judge handles the initial appearance, informs the defendant of the charges and appoints counsel when required. The federal system has no commercial bail. Under the Bail Reform Act, the judge may release the defendant on conditions enforced by U.S. Pretrial Services or, after a detention hearing usually set within three court days, order the defendant held until trial. An indictment must come within 30 days of arrest on a complaint, and the Speedy Trial Act's 70-day limit can be extended for complex cases or by agreement.
Most federal defendants plead guilty. Those who go to trial face a jury of twelve, and a guilty verdict must be unanimous. A probation officer prepares a presentence report, and the judge considers the advisory Sentencing Guidelines, any mandatory minimums and the facts of the case. Without parole, federal prisoners serve about 85 percent of their sentence in Bureau of Prisons custody, followed by supervised release. Any appeal is heard by the Fifth Circuit, which sits in New Orleans.
Finding a federal prisoner
Families can locate a sentenced federal inmate through the Federal Bureau of Prisons inmate locator by entering a name or register number. Before trial, a defendant may be housed for the Marshals in a county jail under contract, and that jail's roster may show the person as well. Federal court rarely hears cases against anyone under 18.
This guide to Henderson County criminal courts is general information, not legal advice, and phone numbers and procedures change. For advice on a specific charge, consult a criminal defense attorney. To request a court-appointed lawyer, tell the magistrate after arrest, or call the County Clerk at (903) 675-6140 for misdemeanors or the District Clerk at (903) 675-6115 for felonies.