Jefferson County Youth Academy Criminal Court Process
Criminal Court Process for Jefferson County Texas
Beaumont is the county seat of Jefferson County, a refinery and port county of about 250,000 people that also takes in Port Arthur, Nederland, Groves and Port Neches. Class C cases are heard by seven justice of the peace courts and six city municipal courts; Class A and B misdemeanors are tried in the county courts at law; and felonies go to the Jefferson County Criminal District Court and the 252nd District Court, with the 279th and 317th District Courts also handling criminal matters. Because Jefferson has a Criminal District Attorney, a single office prosecutes both misdemeanors and felonies. Adults arrested anywhere in the county are booked into the Jefferson County Correctional Facility on Highway 69 South, run by the Sheriff's Office.
- Jefferson County Courthouse (County Judge, County Courts at Law, County Clerk), 1085 Pearl Street (P.O. Box 1151), Beaumont, TX 77704, (409) 835-8475, ext. 3
- Jefferson County Courthouse Annex (Criminal District Court, 252nd, 279th, 317th and civil district courts; District Clerk), 1001 Pearl Street, Suite 203, Beaumont, TX 77701, (409) 835-8580
- Jefferson County Criminal District Attorney (misdemeanors and felonies), 1001 Pearl Street, 3rd Floor, Beaumont, TX 77701, (409) 835-8550
- Jefferson County Sheriff's Office, 1001 Pearl Street, Beaumont, TX 77701, (409) 835-8411
- Jefferson County Correctional Facility, 5030 Highway 69 South, Beaumont, TX 77705, (409) 726-2500
- Jefferson County Juvenile Probation Department and Minnie Rogers Juvenile Justice Center, 5326 Highway 69 South, Beaumont, TX 77705, (409) 722-7474
Which court hears your case. Class C misdemeanors, the fine-only offenses such as speeding, public intoxication, theft under $100 and an assault that causes no injury, are filed in the Justice of the Peace court for the precinct where the offense happened, or in the municipal court of Beaumont, Port Arthur, Nederland, Groves, Port Neches or Bevil Oaks when city police issue the citation. Class A and B misdemeanors (a first DWI is Class B) are tried in County Court at Law No. 2 and County Court at Law No. 3, which carry the county's criminal misdemeanor dockets; County Court at Law No. 1 and the constitutional county court mainly hear civil and probate matters. Felonies begin with magistrate warnings at the jail and, after a grand jury indictment, are assigned to the Criminal District Court or the 252nd District Court, with the 279th and 317th District Courts also taking criminal cases.
Where pretrial inmates are held. The Sheriff's Office operates the county correctional facility at 5030 Highway 69 South in south Beaumont, and that is where people arrested by the Sheriff, the Beaumont and Port Arthur police departments, the smaller cities and state troopers are held until they post bail or their cases end. City officers may hold a person briefly at a police station before transport, but pretrial detention takes place at the county facility. For inmate information, call (409) 726-2500.
- Local courts in Jefferson County (justice of the peace, municipal and county courts)
- After an arrest in Jefferson County: booking, magistration and release
- The Jefferson County Correctional Facility
- Appointed lawyers in Jefferson County
- The Criminal District Attorney, diversion and specialty dockets
- 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 Jefferson County
- Federal cases (U.S. District Court) from Jefferson County
Local courts in Jefferson County (justice of the peace, municipal and county courts)
Jefferson County's justice courts are split between downtown Beaumont, the Port Arthur sub-courthouse on Lakeshore Drive and two outlying Beaumont locations. Precinct 1 has two places, meaning two separately elected judges. Justices of the peace hear Class C criminal and traffic cases, sign warrants and serve as magistrates who set bond for newly arrested people.
Justice of the Peace courts
- Precinct 1, Place 1, 1001 Pearl Street, Suite 105, Beaumont, TX 77701, (409) 835-8522
- Precinct 1, Place 2, 1001 Pearl Street, Suite 104, Beaumont, TX 77701, (409) 835-8457
- Precinct 2, 525 Lakeshore Drive, Port Arthur, TX 77640, (409) 983-8325
- Precinct 4, 19217 FM 365, Beaumont, TX 77705, (409) 434-5460
- Precinct 6, 1225 Pearl Street, Suite 118, Beaumont, TX 77701, (409) 839-2333
- Precinct 7, 7933 Viterbo Road, Suite 1, Beaumont, TX 77705, (409) 719-5900
- Precinct 8, 525 Lakeshore Drive, Port Arthur, TX 77640, (409) 983-8330
Municipal courts
- Beaumont Municipal Court, 700 Orleans Street (P.O. Box 3827), Beaumont, TX 77704, (409) 980-7200
- Port Arthur Municipal Court, 645 4th Street (P.O. Box 1089), Port Arthur, TX 77641, (409) 983-8686
- Nederland Municipal Court, 1400 Boston Avenue (P.O. Box 1165), Nederland, TX 77627, (409) 723-1526
- Groves Municipal Court, 3947 Lincoln Avenue, Groves, TX 77619, (409) 960-5748
- Port Neches Municipal Court, 1201 Merriman Street, Port Neches, TX 77651, (409) 722-1438
- Bevil Oaks Municipal Court, 7390 Sweetgum Road, Beaumont, TX 77713, (409) 753-1475
The small cities of China, Nome and Taylor Landing are also in Jefferson County; their city halls can say whether a city ticket is heard locally or by a justice court. Citations written by deputies or troopers outside city limits go to the justice court for that precinct.
County courts
- County Court at Law No. 2 (criminal misdemeanors), 1085 Pearl Street, Beaumont, TX 77701, (409) 835-8475, ext. 3
- County Court at Law No. 3 (criminal misdemeanors), 1085 Pearl Street, Beaumont, TX 77701, (409) 835-8475, ext. 3
- County Court at Law No. 1 (mainly civil and probate), 1085 Pearl Street, Beaumont, TX 77701, (409) 835-8475, ext. 3
- Jefferson County Court (constitutional county court, County Judge), 1085 Pearl Street, Beaumont, TX 77701, (409) 835-8475, ext. 3
Appeals from justice and municipal courts are heard by a county court at law; when the municipal court is not a court of record, the case is tried again from the beginning. The deadline to appeal is generally 10 days after judgment.
After an arrest in Jefferson County: booking, magistration and release
Whether the arrest happens in downtown Beaumont, on the Port Arthur waterfront or along Interstate 10, the path afterward is nearly the same. Officers transport the person to the Jefferson County Correctional Facility, where booking staff take fingerprints and a photograph, run warrant and criminal-history checks, and inventory personal property.
Magistration
Texas law requires a hearing before a magistrate within 48 hours of arrest. In Jefferson County a justice of the peace or other magistrate conducts these hearings for people held at the facility. The magistrate tells the person what the charge is, explains the right to remain silent and the right to a lawyer, takes a written request for appointed counsel from anyone who cannot afford one, and decides on bail. For every person arrested on a jailable offense, the magistrate first reviews a public safety report showing criminal history and any pending cases, as the Damon Allen Act of 2021 requires.
Ways to be released
- Cash bond: the full amount is deposited with the county and returned, minus any fees, after the case if every court date is kept.
- Surety bond: a licensed bail bondsman posts the bond for a nonrefundable premium, often around 10 percent, and may require collateral.
- Personal bond: release on a signed promise to appear, sometimes with supervision; magistrates cannot grant one to people charged with violent offenses.
Conditions are common: no contact with a complaining witness, an ignition interlock in DWI cases, GPS monitoring or drug testing. Violating a condition can lead to a new arrest and loss of the bond.
The Jefferson County Correctional Facility
The Jefferson County Correctional Facility at 5030 Highway 69 South is the county's main adult jail and is certified by the Texas Commission on Jail Standards. It holds men and women awaiting trial on misdemeanors and felonies, people serving short county sentences, and inmates awaiting transfer to state prison after conviction.
- Inmate information: (409) 726-2500; staff can confirm whether someone is in custody, the charges and the bond amounts.
- Posting bond: cash and surety bonds are generally posted at the facility; ask about accepted payment methods before going.
- Visits, mail and money: follow the facility's current rules for video visitation, inmate mail and commissary deposits, which change from time to time.
Anyone held there on a felony has the protection of the 90-day rule described below, and a lawyer can ask the court to review a bail amount that the person cannot pay.
Appointed lawyers in Jefferson County
Jefferson County provides lawyers for poor defendants mainly by appointing private attorneys from lists kept by the courts, rather than through a large public defender office. Each court follows the county's written indigent defense plan, which sets income guidelines, attorney qualifications by offense level, and deadlines for making an appointment. The Texas Indigent Defense Commission partly funds the system and reviews whether the county meets those deadlines.
- At the jail: ask the magistrate for a court-appointed lawyer and complete the financial affidavit; this is the fastest route.
- Misdemeanors: if released without a lawyer, contact the County Courts at Law through the County Clerk at (409) 835-8475.
- Felonies: the District Clerk at (409) 835-8580 can direct a request to the court handling the case.
A defendant who is released on bail may still qualify for appointed counsel; release alone does not end eligibility. Capital murder cases require lawyers who meet the state's special standards.
The Criminal District Attorney, diversion and specialty dockets
The Jefferson County Criminal District Attorney's Office on Pearl Street decides what charges to file, presents felony cases to the grand jury and makes plea offers in both county and district court. Its intake staff review reports from every law enforcement agency in the county, and its victim assistance staff notify crime victims about hearings.
Diversion
For some first-time, lower-level defendants, prosecutors may offer pretrial diversion: the person completes conditions such as classes, community service, restitution or drug testing, and the charge is dismissed. A successful diversion can often be followed by an expunction. DWI defendants may be considered for a pretrial intervention or deferred program if the facts and record qualify. Eligibility is set by the prosecutor's policies and must be negotiated, typically through defense counsel.
Specialty courts
Texas counties of Jefferson's size commonly run treatment-based dockets, such as drug court, DWI court, veterans treatment court and mental health court, which combine supervision, treatment and frequent hearings in place of a traditional sentence. Ask defense counsel or the court coordinator which programs are currently accepting participants in Jefferson County and whether a pending charge qualifies. Being held on bail does not by itself rule a person out.
Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
Class A and B misdemeanors make up a large share of the bookings at the Jefferson County Correctional Facility, with DWI, family-violence assault, theft and trespass among the most common. Class C offenses are typically handled with a citation and never involve jail time.
Getting through the first days
After the magistrate hearing and the setting of bail, most people charged with a misdemeanor are released within a day or two. Family-violence defendants often leave with a magistrate's order for emergency protection that bars contact with the alleged victim and may require them to stay away from the home for up to 91 days.
Inside the county courts at law
The Criminal District Attorney files an information in County Court at Law No. 2 or No. 3. The first setting is usually an arraignment or docket call, followed by several resets while the defense reviews body-camera video, lab results and other evidence. A case set for trial goes before a six-person jury. Indigent defendants receive appointed private counsel; the County Clerk at (409) 835-8475 can route a request.
Penalties
- Theft: under $100 is Class C (fine up to $500); $100 to $750 is Class B (up to 180 days in jail and a $2,000 fine); $750 to $2,500 is Class A (up to a year and $4,000).
- Assault causing bodily injury: Class A; with a family-violence finding, a second offense can be prosecuted as a third-degree felony.
- Criminal trespass: Class B, rising to Class A for a habitation, a shelter center or when a deadly weapon is carried.
- First DWI: Class B, 72 hours to 180 days and up to $3,000; Class A if the alcohol concentration is 0.15 or higher; a six-day minimum with an open container. Expect an administrative license revocation hearing option, DWI education, a state fine and possibly an ignition interlock.
A Jefferson County misdemeanor can end in a dismissal, a completed diversion, deferred adjudication, probation, a fine or a jail sentence. People who complete deferred adjudication for many offenses can petition for an order of nondisclosure. Most misdemeanors in Jefferson County take two to six months, longer when the defense requests lab testing or a jury trial.
Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
Felony cases in Jefferson County are prosecuted by the Criminal District Attorney and assigned to the Criminal District Court, the 252nd District Court, or the 279th or 317th District Court. The process generally runs in this order:
- Jail and magistrate. The accused is booked at the Jefferson County Correctional Facility and brought before a magistrate within 48 hours, who sets bail after reviewing the public safety report.
- Counsel appointed. An indigent defendant receives a private attorney appointed from the felony list under the county's indigent defense plan. The District Clerk at (409) 835-8580 can help if no appointment has been made.
- Grand jury. Prosecutors present the case to a Jefferson County grand jury, which can indict, decline to indict, or reduce the charge. Some defendants waive indictment to take a plea offer earlier.
- 90-day rule. A person jailed on a felony is generally entitled to release on personal bond or reduced bail if the State is not ready for trial within 90 days of detention, though this protection does not extend to many violent charges.
- Pretrial settings and plea talks. After indictment the case appears on a series of docket settings in the assigned district court while the parties exchange evidence and negotiate.
- Trial and punishment. If no plea agreement is reached, a jury of 12 must agree unanimously on guilt. The defendant can choose whether the judge or the jury decides punishment.
Punishment
- State jail felony: 180 days to 2 years in a state jail and a fine up to $10,000, for example theft of $2,500 to $30,000 or possession of a small amount of a Penalty Group 1 drug.
- Third-degree felony: 2 to 10 years. Second-degree felony: 2 to 20 years; burglary of a habitation and aggravated assault are usually here. First-degree felony: anywhere from 5 to 99 years, or life.
- Drug charges: graded by penalty group and weight; delivery and larger amounts can reach first degree, and some trafficking cases from the Port Arthur and Beaumont area are prosecuted federally instead.
Prior felony convictions can raise the range, up to habitual-offender sentences of 25 years to life. For "3g" offenses, parole is not possible until half the sentence (at least two years) is served. Deferred adjudication probation is available for many first felonies other than the most serious. Six to eighteen months from arrest to final disposition is typical in Beaumont's felony courts.
Violent felony (for example, murder, sexual assault, aggravated robbery)
Most homicides and armed robberies in Jefferson County are investigated by the Beaumont or Port Arthur police departments, and the Criminal District Attorney's trial teams take the cases to one of the felony district courts. A person charged with a violent felony usually remains at the Jefferson County Correctional Facility unless a high bail amount is posted. Under the Damon Allen Act no personal bond can be granted for these charges, and Under a constitutional amendment Texas voters approved in 2025, judges in Jefferson County can deny bail in some violent-crime cases.
- Capital murder: if the State seeks death and the jury finds the special issues, a death sentence; otherwise life without parole.
- Murder: first-degree felony with a range of 5 to 99 years or life; sudden passion can reduce it to second degree at punishment.
- Sexual assault: a second-degree felony, so 2 to 20 years in prison. Aggravated sexual assault: first degree, with a mandatory minimum of 25 years when the child victim was very young or in certain other circumstances.
- Aggravated robbery: first degree, 5 to 99 years or life, and a "3g" offense for parole purposes.
Crime victims and their families have rights under article I, section 30 of the Texas Constitution, including notice of hearings, protection from the accused and the opportunity to give an impact statement; the Criminal District Attorney's victim assistance coordinators manage those notices. Defendants in capital cases are assigned lawyers who meet the state's capital qualifications. Violent felony cases in Beaumont often take one to three years, and longer when the death penalty is sought.
Juveniles (under 17) arrested in Jefferson County
In Jefferson County, as across Texas, the juvenile system covers offenses committed when the child was 10 through 16. A 17-year-old arrested in Beaumont or Port Arthur is treated as an adult and taken to the Jefferson County Correctional Facility.
Juvenile court and probation
The Jefferson County Juvenile Board designates the juvenile court; the 317th District Court, which handles family matters, has long served in that role, though the board can assign juvenile cases to other courts. The Jefferson County Juvenile Probation Department at 5326 Highway 69 South, (409) 722-7474, conducts intake on every referral. Intake officers may release the child to a parent, offer supervisory caution or deferred prosecution, or forward the case to the Criminal District Attorney, who files a petition in juvenile court.
Detention
A youth who is detained is held at the Minnie Rogers Juvenile Justice Center, the county's juvenile facility on Highway 69 South next to the probation department. A judge or referee must hold a detention hearing within two working days, decide whether the child can safely go home, and review continued detention at regular intervals.
Outcomes
- Deferred prosecution or juvenile probation, with conditions such as school attendance, curfew, counseling, electronic monitoring and restitution; residential placement is possible.
- Commitment to the Texas Juvenile Justice Department (TJJD) for serious or repeated offenses, or a determinate sentence of up to 40 years for the gravest crimes, with possible transfer to adult prison.
- Certification to adult court, generally for youths 14 or older accused of capital or first-degree felonies (and certain aggravated controlled substance felonies) and 15 or older for other felonies, after a full investigation and hearing.
Every child has a right to a lawyer, and the court appoints one when the family cannot pay. Juvenile records are confidential, and most can be sealed after the case closes or when the person turns 19.
Federal cases (U.S. District Court) from Jefferson County
Jefferson County is part of the Beaumont Division of the U.S. District Court for the Eastern District of Texas, and the division's courthouse is in downtown Beaumont, a few blocks from the county courthouse. That makes Beaumont the federal hub for the whole Golden Triangle.
- Jack Brooks Federal Building and U.S. Courthouse, 300 Willow Street, Suite 104, Beaumont, TX 77701, (409) 654-7000
- U.S. Attorney, Eastern District of Texas, Beaumont office, 550 Fannin, Suite 1250, Beaumont, TX 77701, (409) 839-2538
- Federal Public Defender for the Eastern District of Texas, or a private attorney from the Criminal Justice Act (CJA) panel
Which cases go federal
The ports of Beaumont and Port Arthur, the petrochemical plants and Interstate 10 shape the federal docket here. Common cases include drug trafficking conspiracies, firearms possession by people with felony records, robbery of banks and businesses under the Hobbs Act, child exploitation, health care and wire fraud, environmental crimes and offenses at the ports. Local and federal agencies often work together, and a case that starts with a city arrest can be adopted by federal prosecutors.
The federal process
A U.S. magistrate judge presides at the initial appearance, informs the defendant of the charges and appoints counsel for those who cannot afford it. If prosecutors move for detention, the hearing usually takes place within three court days. The Bail Reform Act allows release on conditions supervised by U.S. Pretrial Services, or detention when no conditions would assure appearance and safety; federal court does not use commercial bail bonds. When a case begins with a complaint, an indictment is due within 30 days, and the Speedy Trial Act sets a 70-day trial clock that judges often extend for complex cases. Most federal defendants plead guilty; trial juries of 12 must reach a unanimous verdict.
Sentencing and prison
U.S. Probation prepares a presentence report, and the judge sentences using the advisory Sentencing Guidelines and any mandatory minimum term, which applies to many drug and gun crimes. The federal system has no parole: prisoners serve about 85 percent of the sentence in the Bureau of Prisons and then a term of supervised release. A federal appeal from Beaumont is decided by the Fifth Circuit, which sits in New Orleans.
Families looking for a federal prisoner can enter a name or register number in the Federal Bureau of Prisons inmate locator. A defendant held before trial in a county jail under a contract with the U.S. Marshals may also appear on that jail's inmate roster. Federal prosecution of juveniles is rare.
This guide describes the general course of criminal cases in Jefferson County and is not legal advice. Court assignments, programs and phone numbers change, so confirm details with the clerk before any hearing. Anyone facing charges should consult a criminal defense lawyer; a person who cannot afford one can request a court-appointed attorney at magistration, through the County Clerk at (409) 835-8475 for misdemeanors, or through the District Clerk at (409) 835-8580 for felonies.
Criminal Court Process for Jefferson County Texas
Jefferson 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 Jefferson 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, Jefferson 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 Jefferson 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 Jefferson 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, Jefferson County or a city or town. The prosecuting attorney for Jefferson 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 Jefferson 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 Jefferson 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 Jefferson 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.
