Howard County Detention Center Criminal Court Process

Search for an Inmate or Active Arrest Warrant in Howard County

Criminal Court Process for Howard County Texas

Howard County is on Interstate 20 in West Texas, midway between Midland and Abilene, and its county seat is Big Spring. Felony cases are heard in the 118th District Court, which also covers Glasscock and Martin counties, and Class A and B misdemeanors are handled by the county court in the Howard County Courthouse. Class C cases go to three justice of the peace courts or to the Big Spring Municipal Court. The 118th Judicial District Attorney prosecutes felonies, the Howard County Attorney handles misdemeanors, and arrested adults are held at the Howard County Detention Center on the west side of Big Spring.

  • Howard County Courthouse (County Judge, County Clerk, justice of the peace courts), 300 South Main Street, Big Spring, TX 79720; County Clerk (432) 264-2213
  • 118th District Court, 312 Scurry Street, Big Spring, TX 79720, court (432) 264-2225, District Clerk (432) 264-2223
  • 118th Judicial District Attorney (felonies) and Howard County Attorney (misdemeanors), Big Spring; reach either through the courthouse
  • Howard County Detention Center (Howard County Sheriff's Office), 3611 West Highway 80, Big Spring, TX 79720, jail (432) 264-6051, Sheriff's Office (432) 264-2231

Which court hears your case. Class C misdemeanors, fine-only offenses such as traffic violations, public intoxication, theft under $100, disorderly conduct and assault without injury, are heard by a justice of the peace or, when Big Spring police issue the citation inside the city, by the Big Spring Municipal Court. Class A and B misdemeanors, including a first DWI, theft of $100 to $2,500, assault causing bodily injury and criminal trespass, go to the Howard County Court, the constitutional county court presided over by the County Judge. Felonies start with magistrate warnings at the Howard County magistrate court and, after grand jury indictment, are tried in the 118th District Court.

Where pretrial inmates are held. The Sheriff's detention center on West Highway 80 is the county's jail. Arrests by deputies, Big Spring police, troopers on I-20 and other agencies are booked there, and people stay until they make bail or their cases end. Call the jail at (432) 264-6051 or the Sheriff's Office at (432) 264-2231 to confirm custody.

Local courts in Howard County (justice of the peace, municipal and county courts)

Howard County has two justice of the peace courts for Precinct 1 in the Big Spring courthouse and one for Precinct 2 in Coahoma. Those three justices and the Big Spring municipal judge also make up the county's magistrate court, which holds hearings every day of the year to set bond, issue warrants and emergency protective orders, and decide whether there is enough cause to hold an arrested person. The magistrate hearings are streamed live but are not archived.

Justice of the peace courts

  • Precinct 1, Place 1, Howard County Courthouse, 300 South Main Street, Room 211, Big Spring, TX 79720, (432) 264-2226
  • Precinct 1, Place 2, Howard County Courthouse, 300 South Main Street, Room 200, Big Spring, TX 79720, (432) 264-2228
  • Precinct 2, 110 North Main Street, Coahoma, TX 79511, (432) 394-4000

Municipal court

  • Big Spring Municipal Court, Howard County Courthouse, 300 South Main Street, 3rd Floor, Big Spring, TX 79720, (432) 264-2530

County court

  • Howard County Court (constitutional county court, County Judge), 300 South Main Street, Room 104, Big Spring, TX 79720, through the County Clerk at (432) 264-2213

Tickets written in Coahoma, Forsan or the unincorporated parts of the county usually go to a justice of the peace. A Class C defendant may pay, ask for deferred disposition or a driving safety course, or contest the charge at trial. A conviction can be appealed to the county court for a new trial if the appeal is filed within ten days.

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Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)

An arrest for a Class A or B misdemeanor leads to booking at the Howard County Detention Center and a hearing before one of the county's magistrates within 48 hours. The magistrate explains the charge and the person's rights, accepts a request for a court-appointed lawyer, reviews the public safety report required by state law and sets bail. Defendants are commonly released on a cash bond, a surety bond from a Big Spring bondsman, or a personal bond.

How a misdemeanor case unfolds

  1. The County Attorney files a charge in the Howard County Court after reviewing the officer's report.
  2. The defendant is arraigned, enters a plea and receives the State's evidence through counsel.
  3. The case ends by dismissal, diversion, deferred adjudication, a plea bargain or a trial before a unanimous six-person jury.

Penalties

  • Theft: Class C under $100; Class B for $100 to $750 (up to 180 days and a $2,000 fine); Class A for $750 to $2,500 (up to a year and a $4,000 fine).
  • First DWI: Class B. The law allows anywhere from 72 hours to 180 days in jail and a fine of up to $3,000, though most first offenders get probation. At 0.15 or above it becomes Class A, and an open container adds a six-day minimum. A license suspension, DWI education and sometimes an ignition interlock are part of the package.
  • Assault causing bodily injury: Class A; with a family-violence finding, a federal gun ban applies.
  • Criminal trespass: Class B, or Class A if a habitation or a deadly weapon is involved.

Most misdemeanors in Big Spring wrap up in two to six months. Ask the magistrate for an appointed lawyer, or call the County Clerk at (432) 264-2213.

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Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)

A felony defendant is held at the Howard County Detention Center until bond is posted. The magistrate sets the starting amount; the 118th District Court judge can hear a motion to lower it or change the conditions. If the State is not ready for trial within 90 days of a felony detention, a defendant can usually seek release on a personal bond or reduced bail, subject to exceptions for violent offenses.

Felony steps

  1. Examining trial or grand jury. The magistrate court can hold an examining trial on probable cause, but the key step is grand jury review. Nine of twelve Howard County grand jurors must vote to indict.
  2. Arraignment. The defendant enters a plea in the 118th District Court on Scurry Street.
  3. Pretrial. Discovery, motions to suppress and lab testing.
  4. Plea or trial. Most felonies are resolved by agreement. A trial jury of twelve must be unanimous, and the defendant may have the jury set punishment.

Punishment ranges

  • State jail felony: 180 days to two years in a state jail plus a fine up to $10,000.
  • Third degree: 2 to 10 years. Second degree (for instance, burglary of a habitation or aggravated assault): 2 to 20 years. First degree: 5 to 99 years or life. Up to $10,000 in fines.
  • Drug charges are graded by penalty group and quantity, prior felonies can raise the range, and 3g offenses require serving half before parole.

Deferred adjudication can be available for first-time felony defendants. A felony in the 118th District Court usually lasts six to eighteen months. To ask about appointed counsel, tell the magistrate or call the District Clerk at (432) 264-2223.

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Violent felony (for example, murder, sexual assault, aggravated robbery)

A violent felony charge generally means a long wait at the Howard County Detention Center. Magistrates set high bail, state law rules out personal bonds for many violent offenses, and under the constitutional amendment Texas voters adopted in 2025, a judge may deny bail entirely in certain violent cases after a hearing.

  • Capital murder: death or life without parole.
  • Murder: first degree (5 to 99 years or life), or second degree on a sudden-passion finding.
  • Sexual assault: second degree; aggravated sexual assault: first degree, and certain child-victim cases carry a 25-year mandatory minimum; registration required.
  • Aggravated robbery: first degree and a 3g offense.

Expect one to three years for many of these cases, depending on autopsy, DNA and digital evidence and on the 118th District Court's three-county docket. The Texas Constitution, article I, section 30, gives victims rights to notice, to be present and to speak with the prosecutor. Indigent capital murder defendants are appointed two qualified lawyers.

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Juveniles (under 17) arrested in Howard County

Children who were 10 through 16 at the time of an offense go through juvenile court. A 17-year-old arrested in Big Spring is charged as an adult and booked at the Howard County Detention Center.

The Howard County Juvenile Board designates the juvenile court, generally the 118th District Court or the county court. The Howard County Juvenile Probation Department does intake: it reviews police referrals, meets with the family and decides whether to release the child, handle the case informally, or forward it to the prosecutor, who decides whether to file a petition.

Detention

A youth who is not released is typically placed in a contracted juvenile detention center elsewhere in West Texas, since the county does not maintain a large secure facility of its own; the probation department can tell parents where the child is held. The juvenile court must hold a detention hearing within two working days, and the child must have a lawyer.

Possible results

  • Deferred prosecution for up to six months.
  • Probation with conditions, at home or in placement.
  • Commitment to the Texas Juvenile Justice Department (TJJD) for felony conduct, with TJJD's state facilities as the most restrictive option.
  • Determinate sentencing for listed serious crimes.

The prosecutor can seek to certify a youth for adult trial, generally from age 14 for capital, first-degree and some aggravated drug felonies and from age 15 for other felonies. The law keeps juvenile files confidential, and a sealing order is often possible after the case.

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Federal cases (U.S. District Court) from Howard County

Although Big Spring is closer to Midland, Howard County is assigned by statute to the Abilene Division of the U.S. District Court for the Northern District of Texas, so its federal cases are heard about 105 miles east in Abilene.

  • U.S. District Clerk, Abilene: 341 Pine Street, Room 2008, Abilene, TX 79601, (325) 677-6311
  • U.S. Attorney's Abilene office: 500 Chestnut Street, Suite 601, Abilene, TX 79602, (325) 271-6700
  • Federal Public Defender for the Northern District of Texas or a Criminal Justice Act panel lawyer, appointed for defendants who cannot afford counsel

Federal cases arise from violations of federal law, usually investigated by the DEA, FBI, ATF or federal task forces working with local police. In the Permian Basin and along I-20 that often means methamphetamine and fentanyl trafficking, gun possession by prohibited persons, fraud and child exploitation. Big Spring is also the site of a federal prison, Federal Correctional Institution Big Spring, and crimes committed there are prosecuted federally.

A U.S. magistrate judge holds the first appearance and handles appointment of counsel. Federal court does not take commercial bail bonds; if the government moves for detention, the judge usually holds a hearing within three court days and, applying the Bail Reform Act, either sets conditions supervised by U.S. Pretrial Services or orders the defendant held. After an arrest on a complaint, an indictment must be returned within 30 days, and the Speedy Trial Act calls for trial within 70 days, though extensions are frequent. Federal juries have 12 members and must reach a unanimous verdict. The judge sentences after reviewing a presentence report, the advisory Guidelines and any mandatory minimum. Without parole, federal prisoners serve about 85 percent of their sentences in the Bureau of Prisons and then complete supervised release. Appeals go to the Fifth Circuit.

Search for federal inmates, including those at FCI Big Spring, with the Federal Bureau of Prisons inmate locator for a Howard County defendant by name or register number. A defendant held before trial in a county jail under a Marshals Service agreement may also appear on that jail's roster. Very few juveniles are prosecuted in federal court.

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This guide explains the ordinary path of a criminal case in Howard County and is not legal advice; laws and local procedures can change. For advice on a particular charge, talk with a defense lawyer licensed in Texas. Howard County appoints private lawyers for people who cannot afford one under its indigent defense plan: ask the magistrate after arrest, or call the District Clerk at (432) 264-2223 for a felony or the County Clerk at (432) 264-2213 for a misdemeanor, and confirm court dates with the clerk.

Criminal Court Process for Howard County Texas

Howard 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 Howard 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, Howard 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 Howard 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 Howard 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, Howard County or a city or town. The prosecuting attorney for Howard 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 Howard 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 Howard 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 Howard 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.

Courts

HOWARD COUNTY JUSTICE OF PEACE
110 N 1ST ST
COAHOMA TX, 79511
432-394-4000
BIG SPRING MUNICIPAL COURT
300 S MAIN ST # 3RDFLOOR
BIG SPRING TX, 79720
432-264-2530

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