Hunt County Detention Center Criminal Court Process
Criminal Court Process for Hunt County Texas
Greenville is the county seat of Hunt County, a growing county of roughly 100,000 people on Interstate 30 northeast of Dallas, and most of its criminal cases are heard at the courthouse on Lee Street. Fine-only Class C offenses go to five justice of the peace courts or to one of nine city courts, including those in Greenville and Commerce. Class A and B misdemeanors are heard in County Court at Law No. 1 and County Court at Law No. 2, and felonies are tried in the 196th and 354th District Courts, two courts that serve only Hunt County. The Hunt County Attorney prosecutes misdemeanors, the Hunt County District Attorney prosecutes felonies, and the Sheriff runs the county's detention center on Stuart Street in Greenville.
- Hunt County Courthouse (196th and 354th District Courts; County Courts at Law No. 1 and No. 2), 2507 Lee Street, Greenville, TX 75401, main line (903) 408-4100
- Hunt County District Clerk (felony files), 2507 Lee Street, 2nd Floor, Greenville, TX 75401, (903) 408-4172
- Hunt County Clerk (misdemeanor files), 2507 Lee Street, 2nd Floor, Greenville, TX 75401 (P.O. Box 1316, Greenville, TX 75403), (903) 408-4130
- Hunt County Attorney (misdemeanors), Hunt County Courthouse, Greenville, (903) 408-4112
- Hunt County District Attorney (felonies), Hunt County Courthouse, Greenville, (903) 408-4180
- Hunt County Detention Center (Hunt County Sheriff's Office), 2801 Stuart Street, Greenville, TX 75401, (903) 453-6800
- Hunt County Juvenile Probation Services, Greenville, (903) 455-8555
Which court hears your case. Class C misdemeanors, the fine-only offenses such as traffic tickets, public intoxication, theft under $100 and simple assault with no injury, are filed in the Justice of the Peace court for the precinct where the offense happened, or in the municipal court when a city officer writes the citation inside Greenville, Commerce, Caddo Mills, Celeste, Hawk Cove, Lone Oak, Quinlan, West Tawakoni or Wolfe City. Class A and B misdemeanors, a first DWI among them, are filed in County Court at Law No. 1 or County Court at Law No. 2. A felony starts with magistrate warnings and a bond setting, and once a Hunt County grand jury returns an indictment the case is assigned to the 196th District Court or the 354th District Court.
Where pretrial inmates are held. Adults arrested anywhere in Hunt County, whether by the Sheriff, the Department of Public Safety or a city department such as Greenville or Commerce police, are booked into the Sheriff's detention center at 2801 Stuart Street. The Texas Commission on Jail Standards has rated the facility at roughly 345 beds. The two Greenville justice courts work in the same building, which keeps magistration close to booking. Call the Sheriff's Office at (903) 453-6800 to confirm that someone is in custody, the charges and the release conditions.
- Local courts in Hunt County (justice of the peace, municipal and county courts)
- What happens after an arrest in Hunt County
- The Hunt County Detention Center
- Appointed lawyers in Hunt County
- 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 Hunt County
- Federal cases (U.S. District Court) from Hunt County
Local courts in Hunt County (justice of the peace, municipal and county courts)
Hunt County is divided into four justice precincts, and Precinct 1 in Greenville has two places, so five justices of the peace sit in the county. Besides traffic and other Class C cases, the justices issue warrants, act as magistrates for people booked at the detention center and set bail. Nine incorporated cities run their own municipal courts.
Justice of the Peace courts
- Justice of the Peace, Precinct 1, Place 1, 2801 Stuart Street, Suite 409, Greenville, TX 75401, (903) 453-6922
- Justice of the Peace, Precinct 1, Place 2, 2801 Stuart Street, Suite 412, Greenville, TX 75401, (903) 453-6930
- Justice of the Peace, Precinct 2, 1106 Main Street, Commerce, TX 75428, (903) 886-6726
- Justice of the Peace, Precinct 3, 118 E. Main Street, Wolfe City, TX 75496, (903) 496-7974
- Justice of the Peace, Precinct 4, 112 E. Main Street, Quinlan, TX 75474, (903) 356-2904
Municipal courts
- Greenville Municipal Court, 3000 Lee Street (P.O. Box 1049), Greenville, TX 75403, (903) 457-3129
- Commerce Municipal Court, 1119 Alamo Street, Commerce, TX 75428, (903) 886-1132
- Caddo Mills Municipal Court, 23 Main Street (P.O. Box 490), Caddo Mills, TX 75135, (903) 527-3116
- Celeste Municipal Court, 201 N. Highway 69 (P.O. Box 399), Celeste, TX 75423, (903) 568-4512
- Hawk Cove Municipal Court, 1585 Maria Street, Hawk Cove, TX 75474, (903) 447-5330
- Lone Oak Municipal Court, 115 Town Square (P.O. Box 127), Lone Oak, TX 75453, (903) 634-2501
- Quinlan Municipal Court, P.O. Box 2740, Quinlan, TX 75474, (903) 356-3306
- West Tawakoni Municipal Court, 1533 E. Highway 276, West Tawakoni, TX 75474, (903) 447-3521
- Wolfe City Municipal Court, 101 W. Main Street, Wolfe City, TX 75496, (903) 496-2251
County courts
- Hunt County Court at Law No. 1 (Class A and B misdemeanors; appeals from justice and municipal courts), Hunt County Courthouse, 2507 Lee Street, 4th Floor, Greenville, TX 75401, (903) 408-4200
- Hunt County Court at Law No. 2 (Class A and B misdemeanors), Hunt County Courthouse, 2507 Lee Street, 2nd Floor, Greenville, TX 75401, (903) 408-4234
- Hunt County Court (constitutional county court; County Judge), 2507 Lee Street, Greenville, TX 75401; contact through the County Clerk at (903) 408-4130
District courts
- 196th District Court, Hunt County Courthouse, Greenville, (903) 408-4190
- 354th District Court, Hunt County Courthouse, Greenville, (903) 408-4194
A Class C citation can usually be resolved by paying the fine, asking for deferred disposition or a driving safety course, or entering a not guilty plea and asking for a trial before the judge or a jury. Someone convicted in a justice or municipal court generally has 10 days to appeal to a county court at law, where the case is heard again from the beginning.
What happens after an arrest in Hunt County
The steps between an arrest and a first court date in Hunt County follow the county's written indigent defense plan and the Code of Criminal Procedure.
- Booking. Officers bring the arrested person to the Hunt County Detention Center, where staff record identifying information, take fingerprints and photographs, inventory property and run warrant checks.
- Probable cause. After an arrest without a warrant, the county's plan calls for a magistrate to find probable cause within 24 hours, based on a sworn affidavit or the offense report. If no finding is made in time, the person is to be released on a bond of no more than $5,000, or on a personal bond for someone who cannot pay.
- Magistration. Within 48 hours, a magistrate (usually one of the Greenville justices of the peace) gives the article 15.17 warnings, explains the right to remain silent and the right to a lawyer, and sets release terms if none were set on the warrant. The magistrate reviews the public safety report required by the 2021 Damon Allen Act before deciding.
- Request for counsel. A person who asks for an appointed lawyer receives the forms and help filling them out. The magistrate's office must forward the request to the appointing court within 24 hours.
- Release or detention. Most people leave after posting a surety bond through a licensed bondsman, depositing cash, or receiving a personal bond. Conditions such as no contact with a complaining witness, an ignition interlock device after a DWI arrest or GPS monitoring may be attached.
An interpreter is provided when needed, and if there is credible information that the person has a mental illness or an intellectual disability, the magistrate can order an assessment under articles 16.22 and 17.032. Families can call the detention center at (903) 453-6800 for booking information; court dates come from the clerk of the court where the case is filed.
The Hunt County Detention Center
The Hunt County Detention Center at 2801 Stuart Street in Greenville is the only full-service county jail in Hunt County. State reports have listed its capacity at about 345 beds, and its daily population has generally run in the high 200s, made up mostly of people awaiting trial.
What to know
- Confirming custody. Call the Sheriff's Office at (903) 453-6800 with the person's full name and date of birth.
- Posting release. The amount and type of bail are set by the magistrate. A bondsman can post a surety bond for a fee, which is not refunded, while a cash deposit is returned at the end of the case, less any amounts the court applies.
- Holds. A person wanted by another county, by a parole officer or by federal authorities may remain in custody even after posting bond on the local charge.
- Long stays. A defendant who cannot post bond may spend months in the detention center while a felony moves toward indictment. Under article 17.151, a jailed defendant is generally entitled to a personal bond or reduced amount if the State is not ready for trial within 90 days on a felony, 30 days on a Class A or 15 days on a Class B, with exceptions for certain violent offenses.
Youths under 17 are not held in the adult jail. They are taken to the juvenile detention center operated by Hunt County Juvenile Probation Services, described in the juvenile section below.
Appointed lawyers in Hunt County
Hunt County does not have a public defender office. Courts appoint private attorneys under the county's fair defense plans, which are filed with the Texas Indigent Defense Commission.
How appointments work
- Lawyers who meet the qualifications apply to be placed on the appointment lists for the district courts and the county courts at law. Separate lists cover misdemeanors, the different felony levels and juvenile cases.
- For each new case, the court or its designee chooses from the next five names on the list, and any attorney not chosen moves back to the top. New attorneys start at the bottom.
- Appointment depends on the defendant's income, household size and expenses, as reported in a sworn affidavit. Being out of jail does not disqualify someone.
Where to ask
The fastest way is to ask the magistrate at the detention center. After release, a defendant can contact the coordinator of the court handling the case: County Court at Law No. 1 at (903) 408-4200, County Court at Law No. 2 at (903) 408-4234, the 196th District Court at (903) 408-4190 or the 354th District Court at (903) 408-4194. Once an attorney is appointed, the court sends a notice with the lawyer's name and phone number. Defendants who hire their own lawyer can do so at any point, and a privately retained attorney can often arrange a bond reduction hearing sooner.
Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
Class A and B misdemeanor arrests in Hunt County lead to booking at the Hunt County Detention Center and a trip before a magistrate, usually within hours.
From arrest to the first setting
The magistrate sets bail and any conditions. In family-violence arrests the magistrate frequently issues an emergency protective order that bars contact with the alleged victim and the home for up to 61 days, and longer when a weapon was involved. Arresting agencies send their reports to the Hunt County Attorney's Office, which decides whether to file an information and in which county court at law. The first appearance is usually an arraignment or announcement docket, where the defendant enters a plea and appointed counsel is confirmed.
Penalty ranges
- Class B: as much as 180 days in jail plus a fine of up to $2,000. Theft of $100 to $750, criminal trespass and a first DWI typically fall here.
- Class A: up to one year in county jail and a fine up to $4,000. Assault causing bodily injury, theft of $750 to $2,500 and a DWI with a blood-alcohol level of 0.15 or above are Class A offenses.
- Trespass becomes Class A when it occurs in a habitation or the person carries a deadly weapon.
- First DWI: 72 hours to 180 days, a fine up to $3,000, a 6-day minimum with an open container, a possible license suspension, DWI education and, in many cases, an ignition interlock. The driver's license suspension that follows a refused or failed breath or blood test is a separate administrative process with its own short deadline to request a hearing.
How cases end
Many Hunt County misdemeanors finish with a negotiated plea: deferred adjudication, which avoids a conviction if the probation terms are completed; straight probation; a fine; or a short jail sentence, sometimes with credit for time already served. Others are dismissed or resolved through a pretrial diversion agreement offered at the County Attorney's discretion, most often to first-time defendants. A defendant who wants a trial gets a six-person jury, whose verdict must be unanimous. After a successful deferred adjudication, many offenses qualify for an order of nondisclosure that keeps the record from most public background checks. Most misdemeanors here wrap up within two to six months, though contested cases and those with pending lab results can take longer.
Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
With two district courts serving one county, Hunt County felony dockets move on a fairly steady schedule, and grand juries meet regularly in Greenville.
- Arrest and magistration. The person is booked at the Hunt County Detention Center. A magistrate gives the article 15.17 warnings within 48 hours, considers the public safety report and sets bail, along with conditions such as drug testing, a curfew or electronic monitoring.
- Appointed counsel. Indigent defendants receive a lawyer from the felony appointment list for the level of the charge, chosen by the district court.
- Grand jury. The Hunt County District Attorney's Office reviews the investigation and presents it to a grand jury, which can return a true bill (indictment) or a no-bill. A defendant may also waive indictment and proceed on an information, usually as part of a plea agreement.
- Arraignment and pretrial. The indictment is assigned to the 196th or the 354th District Court. Pretrial settings cover discovery, motions to suppress evidence, competency questions and plea offers.
- Plea or trial. Most cases resolve by plea agreement. At trial a 12-member jury must agree unanimously, and the defendant may choose to have that jury decide punishment instead of the judge.
Punishment ranges
- State jail felony: a term of 180 days to 2 years served in a state jail. Examples include theft of $2,500 to $30,000 and possession of less than a gram of methamphetamine or cocaine.
- Third-degree felony: 2 to 10 years in prison, for offenses such as a third DWI or possession of 1 to 4 grams of a Penalty Group 1 drug.
- Second-degree felony: 2 to 20 years. Most aggravated assaults, along with burglary of a home, are charged at this level.
- First-degree felony: a range of 5 to 99 years or life. Any felony level can carry a fine up to $10,000.
Drug cases depend on the penalty group and the weight, including any adulterants, and delivery is punished more severely than possession. Prior felony convictions can raise the range, and two qualifying prior prison terms can bring a habitual sentence of 25 to 99 years. First-time defendants are often offered deferred adjudication or community supervision. For people sent to prison, parole eligibility generally comes after about one-quarter of the sentence, counting good time, while "3g" offenses require half the sentence, with a two-year minimum. A typical felony in Hunt County takes six to eighteen months from arrest to disposition.
Violent felony (for example, murder, sexual assault, aggravated robbery)
Murder, sexual assault, aggravated robbery and similar cases are prosecuted by the Hunt County District Attorney in the 196th or 354th District Court, and they move more slowly than other felonies because of forensic testing, expert witnesses and the stakes involved.
Release before trial
For a violent offense, the magistrate cannot grant release on personal recognizance, and bail amounts are commonly set in the hundreds of thousands of dollars. Texas voters approved a 2025 constitutional amendment that lets judges deny bail in some violent-crime cases after a hearing. Many defendants therefore stay in the Hunt County Detention Center until the case is resolved, and the 90-day release rule does not help people charged with these offenses.
Penalties
- Capital murder: life without parole or death. The State must give notice if it intends to seek the death penalty, which is rare in a county of this size.
- Murder: first degree, carrying 5 to 99 years or life; a defendant who proves sudden passion arising from adequate cause can reduce the range to that of a second-degree felony.
- Sexual assault: a second-degree felony. Aggravated sexual assault is first degree, and some offenses against young children carry a 25-year minimum without parole.
- Aggravated robbery: a first-degree felony and a "3g" offense, so parole consideration waits until half the sentence is served.
Defendants who cannot afford a lawyer are assigned attorneys who meet the higher qualification standards for first-degree and capital cases; capital cases require two qualified attorneys. Crime victims are guaranteed rights under article I, section 30 of the Texas Constitution, including notice of hearings and the chance to give a victim impact statement, and the District Attorney's victim services staff can be reached at (903) 408-4180. These cases generally take one to three years.
Juveniles (under 17) arrested in Hunt County
A 17-year-old who is arrested in Texas is prosecuted as an adult. Hunt County's juvenile system handles young people who were 10 through 16 when the alleged offense took place, under Title 3 of the Texas Family Code.
Juvenile court and intake
The Hunt County Juvenile Board designates which court sits as the juvenile court, and in Hunt County that duty is assigned to one of the courthouse's courts (a county court at law or a district court); the District Clerk at (903) 408-4172 can say which court has a particular case. Referrals go to Hunt County Juvenile Probation Services, (903) 455-8555, whose intake officers decide whether the youth can go home, whether the matter can be handled informally, or whether it should be sent to the prosecutor, who decides whether to file a petition.
Detention
Hunt County Juvenile Probation Services operates a pre-adjudication Hunt County juvenile detention center with about 37 beds; it also takes youths from several nearby counties under contract. A detained child must receive a detention hearing within two working days, with a lawyer present. Juvenile court has no bail: the judge either releases the child to a parent or guardian, often with conditions, or orders continued detention, which is reviewed at least every 10 working days.
Possible outcomes
- Supervisory caution or deferred prosecution, usually up to six months of supervision, after which the case is closed if the youth complies.
- Adjudication with probation, at home or in a residential placement, with conditions such as school attendance, counseling and community service.
- Commitment to the Texas Juvenile Justice Department (TJJD) for felony conduct, generally reserved for serious or repeat cases.
- Determinate sentencing for listed serious offenses, which allows a sentence of up to 40 years that can begin at TJJD and continue in the adult prison system.
Certification as an adult
The prosecutor may ask the juvenile court to waive its jurisdiction and transfer the case to district court. Generally that is possible only if the youth was at least 14 for a capital felony, a first-degree felony or certain aggravated controlled substance felonies, or at least 15 for other felonies, and only after a hearing with a full diagnostic study. A child always has the right to counsel, and the court appoints one at no charge when the family cannot pay. Juvenile records are confidential and many can be sealed later, often automatically for misdemeanor-level conduct.
Federal cases (U.S. District Court) from Hunt County
Federal crimes committed in Hunt County are prosecuted in the Northern District of Texas, Dallas Division, which covers seven counties. The trip from Greenville to the downtown Dallas courthouse is about 50 miles on Interstate 30.
- Clerk of the U.S. District Court (Dallas), Room 1452 at 1100 Commerce Street, Dallas, TX 75242, (214) 753-2200
- U.S. Attorney's Office, Northern District of Texas, 1100 Commerce Street, Suite 300, Dallas, TX 75242, (214) 659-8600
- Federal Public Defender for the Northern District of Texas, Dallas office, or a lawyer from the court's Criminal Justice Act panel
When a Hunt County case goes federal
Federal charges come from federal agencies or from joint task forces with local police. Common examples from this part of North Texas are methamphetamine and fentanyl trafficking along the I-30 corridor, felon-in-possession firearm cases, child pornography and online enticement investigated by the FBI or Homeland Security Investigations, bank robbery, and fraud schemes. Sometimes a case that began in state court is dismissed and refiled federally because federal penalties are higher.
The federal process
A federal arrestee from Hunt County is taken before a magistrate judge in Dallas, learns the charges and receives appointed counsel if eligible. Federal court has no bail bondsmen; the Bail Reform Act lets the judge either set release conditions, which the Pretrial Services office monitors, or order detention after a hearing, which is usually held within three court days of the government's motion. If the case started with a complaint, a grand jury indictment must follow within 30 days, and the Speedy Trial Act sets a 70-day trial clock that judges often extend. A federal jury has 12 members and must be unanimous, but most defendants plead guilty, frequently under a plea agreement.
Sentencing comes about three to four months after a plea. A probation officer prepares a presentence report, and the judge considers the advisory Sentencing Guidelines along with any mandatory minimum, which is common in drug and gun cases. There is no parole; prisoners serve roughly 85 percent of the term in the Bureau of Prisons and then a period of supervised release. A Hunt County federal appeal goes to the U.S. Court of Appeals for the Fifth Circuit.
To find someone in federal custody, search by name or register number in the Federal Bureau of Prisons inmate locator. Federal defendants awaiting trial are often housed in county jails that contract with the Marshals Service, and such a detainee may also appear on the roster of that jail. Juveniles are seldom charged federally.
This guide describes how criminal cases usually move through the Hunt County courts and is not legal advice. Court procedures and settings change, so check dates with the clerk. A person who cannot afford a lawyer can request one from the magistrate at the detention center, or later from the coordinator of the assigned court; for misdemeanors the county courts at law are at (903) 408-4200 and (903) 408-4234, and for felonies the District Clerk is at (903) 408-4172.
Criminal Court Process for Hunt County Texas
Hunt 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 Hunt 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, Hunt 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 Hunt 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 Hunt 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, Hunt County or a city or town. The prosecuting attorney for Hunt 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 Hunt 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 Hunt 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 Hunt 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.
