Hidalgo County Juvenile Detention Criminal Court Process
Criminal Court Process for Hidalgo County Texas
Hidalgo County covers the middle of the Rio Grande Valley, from Peñitas and La Joya in the west to Mercedes in the east, and its county seat is Edinburg. Felonies are tried in thirteen state district courts, most of them in the county courthouse on North Closner Boulevard, while Class A and B misdemeanors go to the county courts at law in the same building. Fine-only Class C cases are split among nine justice of the peace courts and about twenty city courts, including the busy municipal courts in McAllen, Pharr, Edinburg, Mission and Weslaco. The Hidalgo County Criminal District Attorney prosecutes felonies and misdemeanors alike, and adults taken into custody anywhere in the county are booked by the Sheriff's Office into its adult detention center on the south side of Edinburg.
- Hidalgo County Courthouse (district courts, county courts at law, District Clerk, County Clerk), 100 North Closner Boulevard, Edinburg, TX 78539; District Clerk (956) 318-2200, County Clerk (956) 318-2100
- Hidalgo County Criminal District Attorney (felonies and misdemeanors), Edinburg, (956) 318-2300
- Hidalgo County Public Defender's Office (appointed misdemeanor cases), Hidalgo County Courthouse, 100 North Closner Boulevard, Edinburg, TX 78539; appointments arranged through the county's Indigent Defense Office
- Hidalgo County Adult Detention Center (Hidalgo County Sheriff's Office), 711 El Cibolo Road, Edinburg, TX 78542, Sheriff's Office (956) 383-8114
- Judge Mario E. Ramirez, Jr. Juvenile Justice Center (juvenile probation, 449th District Court, juvenile detention), 1001 North Doolittle Road, Edinburg, TX 78539, (956) 587-6200
Which court hears your case. Class C misdemeanors, the offenses punished only by a fine, such as speeding and most other traffic violations, public intoxication, disorderly conduct, shoplifting of goods worth under $100 and a simple assault that causes no injury, go to the justice of the peace court for the precinct where the incident took place, or to the municipal court of the city whose officer wrote the ticket. Class A and B misdemeanors, a category that includes a first DWI, theft of $100 to $2,500, assault causing bodily injury and criminal trespass, are filed in one of the Hidalgo County Courts at Law (Nos. 1, 2, 4, 5, 6, 7, 8, 9 and 10). Felonies begin with magistrate warnings at the jail and, once a grand jury returns an indictment, are assigned to an adult felony docket in the 92nd, 93rd, 139th, 206th, 275th, 332nd, 370th, 389th, 398th, 430th, 464th or 476th District Court; the 449th District Court is the county's juvenile court. Every one of these district courts serves Hidalgo County alone.
Where pretrial inmates are held. Texas sheriffs run the county jails, and in Hidalgo County nearly every adult arrest ends in the Sheriff's booking area at the Hidalgo County Adult Detention Center on El Cibolo Road in Edinburg, one of the largest county lockups in South Texas. City police departments in McAllen, Pharr, Mission and elsewhere may hold a person briefly before transport, but people awaiting trial on state charges stay at the county facility until they post bail, are released by a judge, or finish the case. To confirm custody, housing or release status, call the Sheriff's Office at (956) 383-8114.
- Local courts in Hidalgo County (justice of the peace, municipal and county courts)
- From arrest to release in Hidalgo County
- The Hidalgo County Adult Detention Center
- Court-appointed lawyers and the Public Defender's Office
- 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 Hidalgo County
- Federal cases (U.S. District Court) from Hidalgo County
Local courts in Hidalgo County (justice of the peace, municipal and county courts)
Hidalgo County has five justice of the peace precincts. Four of them are large enough to have two judges each (Place 1 and Place 2), and Precinct 5 in the Delta area has one, for nine JP courts in all. Besides hearing Class C cases and small civil claims, the justices of the peace rotate as magistrates who warn arrested people of their rights and set bond. A ticket from a city officer is normally answered in that city's municipal court; a ticket from a deputy, constable or state trooper normally goes to the JP court for the precinct. The court's name and address are printed on the citation.
Justice of the peace courts
- Precinct 1, Place 1, 1902 Joe Stephens Avenue, Suite 301, Weslaco, TX 78596, (956) 447-3995
- Precinct 1, Place 2, 1902 Joe Stephens Avenue, Suite 302, Weslaco, TX 78596, (956) 968-0707
- Precinct 2, Place 1, 300 West Hall Acres Road, Suite F, Pharr, TX 78577, (956) 784-3540
- Precinct 2, Place 2, 300 West Hall Acres Road, Suite D, Pharr, TX 78577, (956) 787-1986
- Precinct 3, Place 1, 730 North Breyfogle Road, Suite C, Mission, TX 78574, (956) 519-8422
- Precinct 3, Place 2, 730 North Breyfogle Road, Suite A, Mission, TX 78574, (956) 581-2124
- Precinct 4, Place 1, 212 North 12th Avenue, Edinburg, TX 78541, (956) 380-4473
- Precinct 4, Place 2, 212 North 12th Avenue, Edinburg, TX 78541, (956) 383-0921
- Precinct 5, 708 East Edinburg Avenue, Suite B, Elsa, TX 78543, (956) 292-7015
Municipal courts
- Alamo Municipal Court, 502 East Duranta Avenue, Alamo, TX 78516, (956) 787-8689
- Alton Municipal Court, 509 South Alton Boulevard, Alton, TX 78573, (956) 432-0760
- Donna Municipal Court, 207 South 10th Street, Donna, TX 78537, (956) 464-6942
- Edcouch Municipal Court, 211 Southern Street, Edcouch, TX 78538, (956) 262-2140
- Edinburg Municipal Court, 100 East Freddy Gonzalez Drive, Edinburg, TX 78541, (956) 289-7797
- Elsa Municipal Court, P.O. Box 427, Elsa, TX 78543, (956) 262-2127
- Hidalgo Municipal Court, 110 Flora Avenue, Hidalgo, TX 78557, (956) 843-8104
- La Joya Municipal Court, P.O. Box H, La Joya, TX 78560, (956) 581-7095
- La Villa Municipal Court, 916 South Mike Chapa Drive, La Villa, TX 78562, (956) 262-2122
- McAllen Municipal Court, 1601 North Bicentennial Boulevard, McAllen, TX 78501, (956) 681-2900
- Mercedes Municipal Court, 400 South Ohio Avenue, Mercedes, TX 78570, (956) 565-3114, ext. 171
- Mission Municipal Court, 1200 East 8th Street, Mission, TX 78572, (956) 584-5150
- Palmhurst Municipal Court, 4417 North Shary Road, Palmhurst, TX 78573, (956) 583-8697
- Palmview Municipal Court, 400 West Veterans Boulevard, Palmview, TX 78572, (956) 581-7411
- Peñitas Municipal Court, P.O. Box 204, Peñitas, TX 78576, (956) 581-3345
- Pharr Municipal Court, 1900 South Cage Boulevard, Pharr, TX 78577, (956) 783-7859
- Progreso Municipal Court, P.O. Box 699, Progreso, TX 78579, (956) 565-0241
- San Juan Municipal Court, 2301 North Raul Longoria Road, San Juan, TX 78589, (956) 223-2460
- Sullivan City Municipal Court, P.O. Box 249, Sullivan City, TX 78595, (956) 485-2828
- Weslaco Municipal Court, 901 North Airport Drive, Weslaco, TX 78596, (956) 968-6123
County courts
- Hidalgo County Courts at Law Nos. 1, 2, 4, 5, 6, 7, 8, 9 and 10, Hidalgo County Courthouse, 100 North Closner Boulevard, Edinburg, TX 78539; case information through the County Clerk at (956) 318-2100; County Court at Law No. 6 (2nd floor) (956) 289-7400
- Constitutional County Court (County Judge), 100 East Cano Street, Edinburg, TX 78539, (956) 318-2600
Someone with a Class C charge can usually pay the fine, ask the judge for deferred disposition, take a driving safety course for a qualifying traffic offense, or plead not guilty and ask for a bench or six-person jury trial. A person convicted in a JP court, or in a municipal court that is not a court of record, may appeal for a completely new trial in a county court at law by posting an appeal bond within ten days. Ignoring a citation can lead to a failure-to-appear charge, an arrest warrant and a hold on renewing a driver's license.
From arrest to release in Hidalgo County
An arrest in Hidalgo County may be made by any of more than a dozen city police departments, the Sheriff's Office, a constable, the Department of Public Safety or a school district police force. Whichever agency makes it, the person is taken to the Hidalgo County Adult Detention Center in Edinburg for booking: fingerprints and a photo, a records check for warrants and holds, an inventory of personal property and a medical and mental health screening.
Seeing a magistrate
Under article 15.17 of the Texas Code of Criminal Procedure, a magistrate must see the arrested person within 48 hours. In Hidalgo County this hearing is held at or by video from the jail, usually by a justice of the peace taking a magistration shift. The magistrate tells the person what the charge is, explains the right to stay silent and the right to a lawyer, accepts a written request for appointed counsel, and decides the type and amount of bail. Since the Damon Allen Act took effect, the magistrate must first review a public safety report showing the person's criminal history and any prior failures to appear.
Release options
- Cash bond: the full amount is paid to the Sheriff and refunded, minus fees, after the case closes if the person makes every court date.
- Surety bond: a licensed bail bond company signs for the full amount in return for a nonrefundable premium, commonly around 10 percent; dozens of bondsmen operate near the Edinburg courthouse and jail.
- Personal bond: release on the person's signed promise to appear, often with check-ins at county pretrial services. State law forbids personal bonds for many violent charges.
Judges may add conditions such as a protective order, GPS monitoring, drug testing or an ignition interlock for DWI. A 2025 amendment to the Texas Constitution, approved by voters, lets judges deny bail outright in some violent-crime cases after a hearing. A jailed felony defendant whose case the State is not ready to try within 90 days of detention can generally ask for release on a personal bond or a lower amount; shorter limits apply to misdemeanors, and there are exceptions for violent offenses.
Immigration holds
Because the county sits on the border, many people booked into the jail are not U.S. citizens. Immigration and Customs Enforcement may lodge a detainer asking the Sheriff to hold a person after state charges are resolved or bond is posted. A detainer does not change how the state case is handled, but it can mean that posting bond leads to a transfer to federal immigration custody rather than release home, so families should ask a lawyer before paying.
The Hidalgo County Adult Detention Center
The Hidalgo County Adult Detention Center, 711 El Cibolo Road in Edinburg, is the Sheriff's central booking and housing facility for adults. It holds people awaiting trial on state felonies and misdemeanors, people serving short county jail sentences, people waiting to be moved to state prison after sentencing, and people held for other agencies. Its population routinely numbers in the thousands across a year, reflecting a county of nearly 900,000 residents.
Visitation, phone accounts, commissary deposits and mail follow rules set by the Sheriff and are subject to change, so call (956) 383-8114 before visiting or sending anything. To post a bond, have the person's full legal name, date of birth and booking or case number ready; the jail can also say whether any holds from another county or agency would prevent release.
Anyone younger than 17 is not housed here. Juveniles go to the secure detention unit inside the county's juvenile justice center, discussed in the juvenile section below. Seventeen-year-olds, who are adults under Texas criminal law, are booked into the adult facility.
Court-appointed lawyers and the Public Defender's Office
Hidalgo County combines two systems for people who cannot pay a lawyer, under an indigent defense plan adopted by its judges and filed with the Texas Indigent Defense Commission:
- The Hidalgo County Public Defender's Office represents eligible people charged with misdemeanors in the county courts at law, from arraignment through appeal. The office staffs a jail intake officer, and it can act only after the Indigent Defense Office or a county court at law judge appoints it.
- Private attorneys on approved appointment lists handle felonies and the misdemeanor cases the public defender does not take. Capital murder defendants may receive lawyers from the state's Regional Public Defender for Capital Cases.
How to ask for a lawyer
The simplest moment is magistration: tell the magistrate you want a lawyer and fill out the financial questionnaire. People who are already out on bond can apply at the county's Indigent Defense Office in the courthouse at 100 North Closner Boulevard; bring proof of income such as pay stubs or benefit letters. Eligibility depends on household income and expenses, and being released on bond does not by itself disqualify someone. For help with a pending request, call the District Clerk at (956) 318-2200 for felonies or the County Clerk at (956) 318-2100 for misdemeanors.
The Criminal District Attorney, diversion and treatment courts
Unlike many Texas counties that split prosecution between a County Attorney and a District Attorney, Hidalgo County has a single Criminal District Attorney who handles every adult criminal case from Class B misdemeanors to capital murder, and who also files juvenile petitions. Its intake prosecutors review reports from police agencies across the Valley, decide what charge (if any) to file, present felonies to the grand jury, and negotiate pleas. The main number is (956) 318-2300; victims can ask there for the victim assistance coordinator.
Alternatives to a conviction
- Pretrial diversion: for some first-time, lower-level defendants, the prosecutor may agree to set the case aside during a period of supervision and dismiss it once the person completes the requirements, which can include classes, community service, restitution and drug testing. Admission is up to the prosecutor.
- Deferred adjudication: the defendant pleads guilty or no contest, the judge withholds a finding of guilt, and the case is dismissed after a successful term of community supervision. A later order of nondisclosure may hide the record from most employers.
- Treatment courts: Hidalgo County has operated specialty dockets for people whose cases are driven by addiction, mental illness or military service, with frequent court check-ins and treatment in place of jail. Ask the defense lawyer whether a program is open to the charge.
When a bail amount seems out of reach, the defense can file a motion asking the assigned judge to reduce it. Expunction, which destroys arrest records, is available only in narrower situations, such as an acquittal or certain dismissals.
Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
A Class A or B arrest in McAllen, Weslaco or anywhere else in the county leads to booking at the Hidalgo County Adult Detention Center and magistration within 48 hours. Most people charged with misdemeanors are released within a day on a surety or personal bond, although family-violence arrests often bring a magistrate's order of emergency protection and conditions to stay away from the home.
What the case looks like
- Charging. The Criminal District Attorney's office files a complaint and information in one of the county courts at law. Cases can be rejected or reduced at this stage.
- First setting. The defendant appears with a lawyer (retained, a public defender or appointed counsel), receives the evidence, and is given later dates.
- Outcome. A large share of cases end with a dismissal, diversion, deferred adjudication or a negotiated plea. Anyone can insist on a trial before six jurors, whose verdict must be unanimous.
Penalties to expect
- Theft: property worth less than $100 is a fine-only Class C offense; $100 to $750 is Class B (up to 180 days in the county jail and a $2,000 fine); from $750 up to $2,500 is Class A, with as much as a year behind bars and a $4,000 fine.
- First DWI: a Class B misdemeanor carrying 72 hours to 180 days in jail and a fine up to $3,000, with probation the usual result. A test of 0.15 or higher raises it to Class A, and an open container in the vehicle means at least six days in jail. The driver also faces a separate administrative license suspension, a DWI education course and possibly an ignition interlock.
- Assault causing bodily injury: Class A. A family-violence finding brings a federal ban on possessing firearms and makes a second such charge a felony.
- Criminal trespass: usually Class B, raised to Class A for a habitation or when the person carried a deadly weapon.
Expect roughly two to six months for a typical misdemeanor in the county courts at law, longer when blood test results or a jury trial are involved. Ask for appointed counsel at magistration if you cannot hire a lawyer; misdemeanor appointments may go to the Public Defender's Office.
Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
A person charged with a felony is held at the Hidalgo County Adult Detention Center until bail is posted or the case ends. After the magistrate sets the opening amount, the district judge who receives the case can reconsider it at a bond hearing, and conditions can be changed at any time.
How a felony moves through the district courts
- Grand jury review. Prosecutors present the evidence to a Hidalgo County grand jury of twelve residents; at least nine must vote for an indictment. A "no bill" ends that charge, though it can be presented again.
- Assignment and arraignment. The indictment is assigned to one of the felony district courts in the Edinburg courthouse, where the defendant is formally told of the charge and enters a plea.
- Discovery and motions. The State must share its evidence. Motions to suppress, lab analysis of suspected drugs and expert reports can stretch this stage.
- Plea or jury trial. Most felonies are resolved by plea agreement. At trial twelve jurors must agree unanimously, and the defendant may elect to have the jury rather than the judge assess punishment.
Punishment ranges
- State jail felony, such as theft of $2,500 to $30,000 or possession of under one gram of a Penalty Group 1 drug: a state jail term of six months to two years, plus a possible fine as high as $10,000.
- Third-degree felony: 2 to 10 years. Second-degree felony, which covers burglary of a habitation and most aggravated assaults: 2 to 20 years. First-degree felony: 5 to 99 years or life. Each can carry a fine up to $10,000.
- Earlier felony convictions can push a case into a higher range. Offenses listed as "3g," including aggravated assault with a deadly weapon, require serving half the sentence (at least two years) before parole eligibility; most others become eligible after roughly a quarter.
Many first-time felony defendants receive deferred adjudication probation. Large drug and smuggling cases arising near the border are sometimes taken over by federal prosecutors instead. A felony in Hidalgo County commonly takes six months to a year and a half. For an appointed lawyer, ask at magistration or call the District Clerk at (956) 318-2200.
Violent felony (for example, murder, sexual assault, aggravated robbery)
Defendants accused of murder, sexual assault or aggravated robbery often spend many months at the Hidalgo County Adult Detention Center. Magistrates set high bail amounts in these cases, personal bonds are barred for many of the charges, and the 2025 constitutional amendment allows a district judge to refuse release altogether in certain cases. Defense requests for lower amounts go to the district judge assigned after indictment.
- Capital murder: punishable by death or life without parole. Whether to seek the death penalty is the Criminal District Attorney's decision; no state has carried out more executions in the modern era than Texas.
- Murder: a first-degree felony with 5 to 99 years or life, reduced to second degree if the jury finds the killing happened in sudden passion.
- Sexual assault: second degree, 2 to 20 years. Aggravated sexual assault is first degree, and some cases with young child victims carry a 25-year minimum. Sex-offender registration follows conviction.
- Aggravated robbery: a first-degree felony (5 to 99 years or life) on the 3g list, so half the sentence must be served before parole.
These cases rely on forensic work such as autopsies, DNA comparisons and phone and video records, and many take one to three years to reach trial in Hidalgo County. Crime victims have rights under article I, section 30 of the Texas Constitution, including notice of hearings and the chance to confer with the prosecutor. An indigent defendant charged with capital murder receives two qualified appointed lawyers.
Juveniles (under 17) arrested in Hidalgo County
Texas juvenile courts handle young people who were at least 10 but not yet 17 when the alleged offense happened. A 17-year-old picked up in Pharr or Edinburg is treated as an adult and booked into the Hidalgo County Adult Detention Center instead.
The juvenile court and intake
The 449th District Court was created to specialize in juvenile cases and sits inside the Judge Mario E. Ramirez, Jr. Juvenile Justice Center, 1001 North Doolittle Road in Edinburg (court (956) 381-0744). The Hidalgo County Juvenile Probation Department, in the same building at (956) 587-6200, does intake: officers screen each referral from police, interview the child and family, and may release the youth to a parent, handle the matter informally, or forward it to the Criminal District Attorney, who decides whether to file a petition.
Detention
A youth who is not released goes to the Hidalgo County juvenile detention center, a secure pre-adjudication unit of about 96 beds that operates around the clock at the Doolittle Road center. A judge must hold a detention hearing within two working days, with an attorney for the child, and must review continued detention at regular intervals. Visiting is generally on weekends.
Possible outcomes
- Deferred prosecution: supervision of up to six months, with the case dropped if the youth complies.
- Probation, at home or in a residential placement, with requirements such as school attendance, curfew, counseling and restitution.
- For felony-grade conduct, commitment to a state secure facility of the Texas Juvenile Justice Department (TJJD).
- A determinate sentence for listed serious offenses, which can start at TJJD and continue in adult prison.
Transfer to adult court
Prosecutors may ask the 449th District Court to certify a youth for trial as an adult. Generally, a child 14 or older may be certified for a capital felony, a first-degree felony or certain aggravated drug felonies, and a child 15 or older for other felonies, after a diagnostic study and a hearing. Juvenile records are confidential by law, and many can be sealed once the young person meets the statutory requirements.
Federal cases (U.S. District Court) from Hidalgo County
Federal law places Hidalgo County in the McAllen Division of the U.S. District Court for the Southern District of Texas, a division that covers only Hidalgo and Starr counties. The clerk's office and courtrooms are in Bentsen Tower on Business Highway 83 in McAllen.
- U.S. District Clerk, McAllen Division, Bentsen Tower, 1701 West Business Highway 83, Suite 1011, McAllen, TX 78501, (956) 618-8065
- U.S. Attorney's Office, McAllen, 1701 West Highway 83, Suite 600, McAllen, TX 78501, (956) 618-8010
- Federal Public Defender for the Southern District of Texas, which represents most McAllen Division defendants who cannot afford counsel; Criminal Justice Act panel lawyers take conflict and overflow cases
A heavy border docket
The McAllen Division is among the busiest federal criminal courts in the country, and border-related crimes make up most of its caseload. Typical charges include illegal reentry by a previously deported person, smuggling or transporting undocumented migrants, drug trafficking through the Pharr, Hidalgo and Progreso ports of entry or across the river, exporting firearms to Mexico, and money laundering. Most cases are brought by Border Patrol, Homeland Security Investigations, Customs and Border Protection or the DEA, and the U.S. Attorney sometimes adopts a case that began with a local arrest.
Inside a federal case
A U.S. magistrate judge in McAllen conducts the first appearance, explains the complaint and appoints a lawyer when needed. Commercial bail bonds play no part in federal court; if the government asks for detention, a hearing is generally held within three court days, and the judge either releases the defendant on conditions monitored by U.S. Pretrial Services or orders custody under the Bail Reform Act. Immigration detainers keep many noncitizen defendants in custody. A case begun by complaint must be indicted by a grand jury within 30 days, and the Speedy Trial Act's 70-day trial deadline is frequently extended. Trials, which are uncommon, require all 12 jurors to agree.
After a guilty plea or verdict, the U.S. Probation Office writes a presentence report, and the judge applies the advisory Sentencing Guidelines and any mandatory minimum, which is common in trafficking cases. Federal sentences carry no parole; prisoners serve about 85 percent of the term with good-conduct time, in Bureau of Prisons facilities, then a term of supervised release, and noncitizens are usually removed from the country afterward. An appeal from the McAllen Division is heard by the Fifth Circuit, the federal appeals court that sits in New Orleans.
Locating a federal defendant
Use the Federal Bureau of Prisons inmate locator to search by name or BOP register number. A person awaiting trial in a county jail under a contract with the U.S. Marshals Service may show up on that jail's own inmate roster as well. Prosecution of anyone under 18 in federal court is rare, so young people arrested in the Valley almost always remain in the county juvenile system.
This page summarizes how criminal cases usually proceed in Hidalgo County and is not legal advice; statutes, court assignments and local practices change. Anyone facing charges should talk with a criminal defense lawyer licensed in Texas. To request appointed counsel, ask at magistration or apply at the Indigent Defense Office in the Edinburg courthouse; for help with a pending case call the District Clerk at (956) 318-2200 (felonies) or the County Clerk at (956) 318-2100 (misdemeanors, which may be assigned to the Public Defender's Office), and confirm each court date with the clerk.
Criminal Court Process for Hidalgo County Texas
Hidalgo 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 Hidalgo 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, Hidalgo 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 Hidalgo 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 Hidalgo 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, Hidalgo County or a city or town. The prosecuting attorney for Hidalgo 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 Hidalgo 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 Hidalgo 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 Hidalgo 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.
