Kaufman County Jail Criminal Court Process
Criminal Court Process for Kaufman County Texas
The city of Kaufman is the county seat of Kaufman County, one of the fastest-growing counties east of Dallas, and most of its criminal court business now takes place at the county's justice center on U.S. Highway 175. Fine-only Class C offenses go to four justice of the peace courts or to city municipal courts in places such as Forney, Terrell and Crandall; Class A and B misdemeanors are heard in the County Court at Law No. 2 and the original County Court at Law; and felonies are tried in the 86th, 422nd and 489th District Courts, all of which serve Kaufman County alone. The Kaufman County Criminal District Attorney prosecutes both misdemeanors and felonies, and the county runs its own public defender's office. Adults arrested anywhere in the county are booked into the county jail that the Sheriff runs beside the justice center.
- Kaufman County Jail (Kaufman County Sheriff's Office), 1900 E. U.S. Hwy. 175, Kaufman, TX 75142, (972) 932-4337
- Kaufman County Justice Center (86th, 422nd and 489th District Courts; both county courts at law), 1902 E. U.S. Hwy. 175, Kaufman, TX 75142; 489th District Court (469) 376-4505, County Court at Law (469) 376-4745
- Kaufman County Criminal District Attorney, Kaufman, TX 75142, (469) 376-4760
- Kaufman County Public Defender's Office, 1902 E. U.S. Hwy. 175, Suite 500, Kaufman, TX 75142, (469) 376-4534
- Kaufman County District Clerk (felony case files), (469) 376-4635; County Clerk (misdemeanor case files), (469) 376-4740
- Kaufman County Courthouse (County Judge and constitutional County Court), 100 W. Mulberry St., Kaufman, TX 75142, (469) 376-4100
Which court hears your case. Class C misdemeanors, which carry a fine but no jail (speeding and other traffic tickets, public intoxication, theft of property worth less than $100, or an assault by contact 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 the city whose officer wrote the citation. Class A and B misdemeanors, a first DWI among them, are prosecuted in the County Court at Law No. 2 or the County Court at Law; the constitutional County Court under the County Judge handles mainly administrative and probate matters. Felonies start with magistrate warnings and, once a Kaufman County grand jury returns an indictment, are assigned to the 86th, 422nd or 489th District Court. Kaufman County has no separate criminal district court; the three district courts divide criminal, civil and family work.
Where pretrial inmates are held. The Sheriff operates the Kaufman County Jail at 1900 E. U.S. Highway 175, next to the justice center; state jail-standards figures from 2022 put its capacity at 531 beds. Every arresting agency in the county, from city police departments to state troopers on Interstate 20, brings adults there for booking, and a magistrate sees them at or near the jail. The Sheriff's Office at (972) 932-4337 can confirm whether a person is in custody and explain how to post bail.
- Local courts in Kaufman County (justice of the peace, municipal and county courts)
- What happens after an arrest in Kaufman County
- The Kaufman County Public Defender's Office and appointed lawyers
- The Criminal District Attorney, plea offers and diversion
- 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 Kaufman County
- Federal cases (U.S. District Court) from Kaufman County
Local courts in Kaufman County (justice of the peace, municipal and county courts)
Kaufman County is split into four justice of the peace precincts, each with its own court, and about eight cities run municipal courts. These local courts handle the bulk of the county's tickets and fine-only cases. Justices of the peace also serve as magistrates: they sign arrest and search warrants, give the required warnings to people who have been arrested, and set bond.
Justice of the Peace courts
- Justice of the Peace, Precinct 1, 3001 S. Washington St., Kaufman, TX 75142, (469) 376-4182
- Justice of the Peace, Precinct 2, Forney Sub-Courthouse, 200 E. Main St., Forney, TX 75126, (469) 376-4600
- Justice of the Peace, Precinct 3, Terrell Sub-Courthouse, 408 E. College St., Terrell, TX 75160, (469) 376-4587
- Justice of the Peace, Precinct 4, Kemp Sub-Courthouse, 103 N. Main St., Kemp, TX 75143, (469) 376-4620
Municipal courts
- Combine Municipal Court, 123 Davis Rd., Combine, TX 75159, (972) 476-1532
- Crandall Municipal Court, 114 S. Main St., Crandall, TX 75114, (972) 427-4096
- Forney Municipal Court, Forney Justice Center, 331 S. FM 548, Forney, TX 75126, (972) 564-7311
- Kaufman Municipal Court, 3001 S. Washington St., Kaufman, TX 75142, (972) 932-2216
- Kemp Municipal Court, Kemp City Hall, 304 S. Main St., Kemp, TX 75143, (903) 498-3191
- Mabank Municipal Court, Mabank, TX 75147 (mail: P.O. Box 293), (903) 887-8500
- Talty Municipal Court, sessions held at the Forney Justice Center, 331 S. FM 548, Forney, TX 75126 (mail: 9550 Helms Trail, #400, Forney, TX 75126), (972) 552-9487
- Terrell Municipal Court, 201 E. Nash St., Terrell, TX 75160, (972) 551-6680
Several smaller towns, including Oak Ridge, Post Oak Bend, Rosser and Scurry, generally send their citations to the justice of the peace for the precinct. Parts of Mesquite, Seagoville and Heath also reach into Kaufman County, but those cities hold court in neighboring Dallas or Rockwall County, so a ticket written by one of their officers is answered at that city's court. If the paperwork does not name a court clearly, call the agency that wrote it.
County and district courts
- County Court at Law (Class A and B misdemeanors; appeals from justice and municipal courts), Kaufman County Justice Center, 1902 E. U.S. Hwy. 175, Kaufman, TX 75142, (469) 376-4745
- County Court at Law No. 2, Kaufman County Justice Center, 1902 E. U.S. Hwy. 175, Kaufman, TX 75142, court coordinator (469) 376-4757
- Constitutional County Court (County Judge), 100 W. Mulberry St., Kaufman, TX 75142, (469) 376-4139
- 86th District Court, court coordinator (469) 376-4670
- 422nd District Court, court coordinator (469) 376-4666
- 489th District Court, 1902 E. U.S. Hwy. 175, Kaufman, TX 75142, (469) 376-4505
A Class C conviction in a justice court or a municipal court that is not a court of record can be appealed to a county court at law for a completely new trial. The appeal bond or notice must be filed quickly, usually within 10 days of the judgment.
What happens after an arrest in Kaufman County
No matter which agency makes the arrest, Forney police, Terrell police or a sheriff's deputy, an adult charged with a jailable offense in Kaufman County is taken to the Kaufman County Jail on U.S. 175. Booking includes fingerprints, photographs, a property inventory, a records check for warrants and holds, and a medical and mental health screening.
Magistration
Texas law (article 15.17) gives the authorities 48 hours to bring someone in custody before a magistrate. In Kaufman County the magistrate is usually a justice of the peace handling a jail docket. The magistrate reads the charge, explains the right to stay silent and the right to a lawyer, and asks whether the person wants a court-appointed attorney. That request is the start of the indigent defense process, and the paperwork goes to the public defender's office or the appointing court.
Setting release terms
The magistrate sets bail after reviewing a public safety report, which the 2021 Damon Allen Act requires for every defendant. Release can come in three forms:
- Cash bond: the full amount is deposited with the Sheriff and returned, less fees, when the case closes if every court date was kept.
- Surety bond: a licensed bail bondsman posts the bond for a nonrefundable fee, often around 10 percent of the amount.
- Personal bond: release on a written promise to appear, often with conditions and supervision. Texas law bars personal bonds for people charged with violent offenses, and a 2025 constitutional amendment approved by Texas voters lets judges refuse bail outright in some violent-crime cases.
Conditions can include a no-contact order in a family violence case, an ignition interlock after a DWI arrest, GPS monitoring, or drug testing. A defendant who cannot afford the amount can ask the court to lower it. If the State is not ready for trial within 90 days on a felony detention (shorter periods apply to misdemeanors), article 17.151 generally requires release on a personal bond or a reduced amount, with exceptions for violent offenses.
Following a case
Misdemeanor files are kept by the County Clerk, (469) 376-4740, and felony files by the District Clerk, (469) 376-4635. Notices of court settings go to the address on the bond paperwork, so a defendant who moves should update that address quickly. Missing a setting usually leads to a warrant and a forfeited bond.
The Kaufman County Public Defender's Office and appointed lawyers
Kaufman County is one of a group of Texas counties that run a staffed public defender's office instead of relying only on private lawyers appointed case by case. The office is at the justice center complex, 1902 E. U.S. Highway 175, Suite 500, and can be reached at (469) 376-4534.
- How to ask. Tell the magistrate at the jail that you want a lawyer and complete the financial affidavit. A person who was released before asking, for example after posting a surety bond, can request counsel through the court where the case is pending or by calling the public defender's office.
- Who qualifies. Eligibility is set by the county's indigent defense plan, filed with the Texas Indigent Defense Commission, and looks at income, household size and whether the person is in custody.
- Conflicts. When the public defender cannot take a case, for instance because it already represents a co-defendant or a witness, the court appoints a private attorney from its approved list.
- Cost. A judge may order a defendant who later proves able to pay to repay part of the cost of appointed counsel.
An appointed lawyer is expected to contact a jailed client promptly, review the evidence, and advise on plea offers, motions and trial. Defendants who hire their own attorneys are not affected by these rules.
The Criminal District Attorney, plea offers and diversion
Kaufman County combines the roles that other counties split between a County Attorney and a District Attorney. A single office, the Kaufman County Criminal District Attorney, (469) 376-4760, prosecutes misdemeanors in the county courts at law and felonies in the three district courts. It also handles juvenile petitions and protective orders.
How charging works
After an arrest, the police agency sends its report to the prosecutor's intake division. For a misdemeanor, the office decides whether to file an information. For a felony, prosecutors decide whether to present the case to a grand jury, and they may reduce it to a misdemeanor or decline it. Getting arrested does not mean a charge will be filed, and some cases are dropped at this stage.
Plea offers and alternatives
- Pretrial diversion: the prosecution is paused while the defendant completes classes, community service, restitution or treatment, and the case is dismissed at the end. It is generally reserved for people with little or no criminal record.
- Deferred adjudication: the defendant pleads guilty or no contest, the judge withholds a finding of guilt during a term of community supervision, and the case is dismissed if the defendant completes it.
- Straight probation or jail time through a negotiated plea, sometimes with a recommended sentence the judge agrees to follow.
Victims can register with the office's victim services staff to be notified about hearings and plea agreements. A defendant who has completed deferred adjudication or diversion may qualify for an order of nondisclosure or an expunction, which a lawyer can evaluate. Any treatment-court or specialty docket that may suit the defendant can be raised with the defense attorney or the court coordinator.
Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
Kaufman County's jailable misdemeanors are filed by the Criminal District Attorney in one of the two county courts at law at the justice center. Most people charged are released within a day after magistration, on a surety, cash or personal bond, and return to court for a first setting a few weeks later.
Steps in a typical case
- Booking and release at the Kaufman County Jail, with magistrate warnings and any bond conditions.
- First setting, at which the court confirms whether the defendant has a lawyer and the prosecutor may make an offer.
- Pretrial settings, used to exchange evidence such as dash and body camera video and breath or blood results, and to negotiate.
- Plea or trial. Misdemeanor juries in Texas have six members, the verdict must be unanimous, and the defendant can ask the jury rather than the judge to decide punishment.
What the common charges carry
- Theft: less than $100 in value is a Class C offense punished only by a fine of up to $500; $100 to under $750 is Class B (up to 180 days and $2,000); $750 to under $2,500 is Class A (up to one year and $4,000).
- First DWI: Class B, from 72 hours up to 180 days in jail and a fine up to $3,000; probation is common for first offenders. A blood or breath alcohol level of 0.15 or more raises it to Class A, and an open container brings a six-day minimum. Expect a DWI education course, a possible ignition interlock, a driver's license suspension and a separate administrative license revocation process that has its own short deadline to request a hearing, plus a state fine after a conviction.
- Assault causing bodily injury: Class A. When the alleged victim is a family or household member or a dating partner, a family violence finding can affect gun rights and makes a later charge a felony.
- Criminal trespass: Class B, rising to Class A when the property is a habitation or the person carried a deadly weapon.
Possible outcomes range from dismissal or diversion through deferred adjudication, probation, fines and county jail time. Most Class A and B cases in Kaufman County take two to six months to resolve. A defendant without a lawyer can ask the public defender's office, (469) 376-4534, about appointment.
Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
Felonies in Kaufman County are tried in the 86th, 422nd or 489th District Court, and the Criminal District Attorney decides which cases to take to the grand jury. Because these courts serve only this county, felony dockets move on a regular weekly cycle rather than waiting for a visiting judge.
- Magistration. The defendant sees a magistrate within 48 hours, who sets bail and conditions and takes any request for appointed counsel.
- Grand jury. Prosecutors present evidence to a Kaufman County grand jury of 12 citizens, meeting in private. At least nine must agree to return a true bill. The grand jury can also no-bill a case, ending it unless it is presented again.
- Arraignment. In district court the defendant is formally charged with the indictment and enters a plea.
- Discovery and motions. The defense receives the State's evidence and may ask the court to suppress evidence that was gathered illegally.
- Plea or trial. Most felonies end with a plea bargain. A district court jury has 12 members whose verdict must be unanimous; the defense can choose to have those jurors assess punishment.
Punishment ranges
- State jail felony: a state jail term of six months to two years plus a fine of as much as $10,000; theft of $2,500 up to $30,000 and possession of less than a gram of many controlled substances fall here.
- Third degree: 2 to 10 years in prison.
- Second degree: 2 to 20 years; the category that covers burglary of a home and the typical aggravated assault charge.
- First degree: 5 to 99 years or life.
- Drug cases: graded by penalty group and weight, from state jail felony to first degree, with drug-free-zone enhancements in some cases.
Prior felony convictions can raise the range, and repeat offenders can face habitual-offender sentencing of 25 years to life. Deferred adjudication is available for many first felonies. Parole eligibility generally comes after one-quarter of the sentence including good time, but "3g" offenses such as aggravated assault with a deadly weapon require half the sentence, and at least two years, to be served first. A Kaufman County felony usually takes six to eighteen months from arrest to disposition. Indigent felony defendants are represented by the public defender's office or by appointed private counsel; call (469) 376-4534.
Violent felony (for example, murder, sexual assault, aggravated robbery)
Serious violent charges are prosecuted by experienced trial lawyers in the Criminal District Attorney's office and tried in one of the three district courts at the justice center. Pretrial release is harder to obtain than in other cases: bail amounts are often high, personal bonds are prohibited for violent offenses, and since the 2025 constitutional amendment judges can deny bail altogether in some violent-crime cases after a hearing. A defendant who cannot post bail stays in the Kaufman County Jail until the case ends.
- Capital murder: life in prison with no parole, or a death sentence when prosecutors pursue one and the jury returns that verdict; Texas leads the nation in carrying out executions.
- Murder: punishable as a first-degree felony by anywhere from 5 to 99 years or a life term; a defendant can argue sudden passion at sentencing to reduce it to second degree.
- Sexual assault: second degree, with sex offender registration. Aggravated sexual assault is a first-degree felony, with a 25-year floor for certain crimes against young children.
- Aggravated robbery: first degree and a "3g" offense, so parole is not considered until half the sentence is served.
Victims have rights under article I, section 30 of the Texas Constitution, including notice of hearings, the chance to confer with the prosecutor and the right to give a victim impact statement. Violent felony cases often take one to three years because of forensic testing, expert witnesses and crowded trial settings. In a capital case, the court appoints lawyers who meet special qualification standards, and capital defense can be assigned to a regional public defender office.
Juveniles (under 17) arrested in Kaufman County
Texas juvenile courts cover young people who were 10 through 16 when the alleged offense occurred. A 17-year-old arrested in Forney or Terrell is treated as an adult, booked into the adult jail and charged in the courts described above.
Intake and the prosecutor
A child taken into custody goes first to the Kaufman County Juvenile Probation Department, whose intake officers decide whether the child can go home to a parent or must be held, and whether to handle the matter informally or refer it for prosecution. The Criminal District Attorney's office, (469) 376-4760, files petitions in juvenile court. Kaufman County's juvenile board designates which court sits as the juvenile court, typically a county court at law in counties of this size; the District Clerk's office can confirm where a particular case is set.
Detention
As of mid-2024 Kaufman County did not operate its own juvenile detention center. Youths who must be held securely are taken under contract to certified detention facilities in other counties, sometimes as far away as Marshall, and county leaders have been studying construction of a local center. A detention hearing must be held within two working days of the child being detained, and the child has the right to a lawyer, appointed if the family cannot pay.
Possible results
- Counseling, supervisory caution or deferred prosecution for a first or minor offense.
- Probation at home or in a residential placement, with school, curfew and treatment conditions.
- Commitment to the Texas Juvenile Justice Department (TJJD) for a felony adjudication.
- Determinate sentencing for certain serious offenses, which can continue in adult prison after age 19.
The prosecutor can ask the juvenile court to certify a child for adult prosecution: generally at 14 or older for capital felonies, first-degree felonies and some aggravated drug felonies, and at 15 or older for other felonies. Juvenile records are confidential by law, and many can be sealed after the young person meets the eligibility requirements.
Federal cases (U.S. District Court) from Kaufman County
Federal crimes from Kaufman County fall under the Dallas Division of the federal trial court for the Northern District of Texas. Federal court sits in downtown Dallas, about 35 miles west of the county seat along U.S. 175.
- Clerk of the U.S. District Court (Dallas), Room 1452, 1100 Commerce St., Dallas, TX 75242, (214) 753-2200
- United States Attorney (Northern District), headquarters office, Suite 300, 1100 Commerce St., Dallas, TX 75242, (214) 659-8600
- Federal Public Defender for the Northern District of Texas, with its main office in Dallas; private lawyers on the Criminal Justice Act panel take the cases the defender cannot
When a case goes federal
A federal charge requires a violation of federal law and a decision by an Assistant U.S. Attorney to prosecute. From Kaufman County, the typical federal cases involve drug trafficking along Interstate 20 and U.S. 175, firearms possession by people with felony records, bank robbery, online child exploitation, identity theft and fraud schemes. Some investigations begin with local officers and are adopted by federal agents when federal penalties are tougher.
The federal process
A person arrested on federal charges is taken before a U.S. magistrate judge in Dallas for an initial appearance. Federal bail works differently from the state system: bondsmen play no part, and release decisions follow the Bail Reform Act: the magistrate judge sets release conditions monitored by U.S. Pretrial Services or orders the defendant held, and a contested detention hearing is usually held within three court days. If the case started with a complaint, a grand jury indictment must follow within 30 days. The Speedy Trial Act sets a 70-day clock to trial, though continuances often extend it.
Most federal defendants plead guilty, often under a written plea agreement. A probation officer prepares a presentence report, the judge calculates the advisory Sentencing Guidelines range, and any mandatory minimum sentence still applies. Federal juries have 12 members and must be unanimous. Federal prisoners are not paroled; they serve roughly 85 percent of the sentence with good conduct credit, then a term of supervised release. The Fifth Circuit, which sits in New Orleans, decides any appeal.
Finding a person in federal custody
Search the Federal Bureau of Prisons inmate locator by name or by register number. A defendant awaiting trial may instead be held in a county jail that contracts with the U.S. Marshals Service, and in that case may also appear on that jail's inmate roster. Federal prosecution of juveniles is rare; nearly all young people from Kaufman County go through the state juvenile system.
This guide to the criminal process in Kaufman County is general information, not legal advice, and court locations, phone numbers and procedures can change. To ask about a court-appointed lawyer, tell the magistrate at the jail or call the Kaufman County Public Defender's Office at (469) 376-4534, and confirm hearing dates with the County Clerk or District Clerk.
Criminal Court Process for Kaufman County Texas
Kaufman 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 Kaufman 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, Kaufman 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 Kaufman 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 Kaufman 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, Kaufman County or a city or town. The prosecuting attorney for Kaufman 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 Kaufman 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 Kaufman 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 Kaufman 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.
