McLennan County Juvenile Detention Criminal Court Process
Criminal Court Process for McLennan County Texas
Waco is the county seat of McLennan County, a Central Texas county of more than 260,000 people along Interstate 35, and its criminal courts are centered on the courthouse and annex on Washington Avenue. Class C cases go to six justice of the peace courts and to more than a dozen city municipal courts, including the Waco Municipal Court; Class A and B misdemeanors are tried in County Court at Law No. 1 and County Court at Law No. 2; and felonies are heard in the county's district courts, the 19th, 54th, 74th, 170th and 414th. The McLennan County Criminal District Attorney prosecutes both misdemeanors and felonies. Adults arrested in the county are booked into the Sheriff's jail on State Highway 6 east of downtown. To save time, search the inmate lookup tool to check for a bond amount.
- McLennan County Courthouse and Courthouse Annex, 501 Washington Ave., Waco, TX 76701, county main line (254) 757-5000
- District Clerk, Criminal Division (felony courts), 501 Washington Ave., Waco, TX 76701, (254) 757-5054
- County Courts at Law No. 1 and No. 2 and the constitutional County Court, 501 Washington Ave., Waco, TX 76701, (254) 757-5078
- McLennan County Criminal District Attorney, 219 N. Sixth St., Waco, TX 76701, (254) 757-5084
- Indigent Defense Coordinator Office (appointed lawyers), 501 Washington Ave., Suite 109, Waco, TX 76701, (254) 759-7540
- McLennan County Jail (McLennan County Sheriff's Office), 3201 E. State Hwy. 6, Waco, TX 76705, (254) 757-2555
Which court hears your case. Class C misdemeanors are punishable by a fine only and include traffic tickets, public intoxication, theft below $100, disorderly conduct, minor-in-possession and assault by contact. A Class C citation written inside a city goes to that city's municipal court (for example, the Waco Municipal Court on West Waco Drive), and one written in unincorporated McLennan County goes to the Justice of the Peace court for the precinct where it happened. Class A and B misdemeanors, including a first DWI, theft from $100 to $2,500 and assault causing bodily injury, are filed in County Court at Law No. 1 or County Court at Law No. 2. A felony begins with magistrate warnings at the jail and, after a McLennan County grand jury indicts, is assigned to one of the district courts (the 19th, 54th, 74th, 170th or 414th); the 19th and 54th carry much of the felony criminal docket, while the others also handle civil, family and other matters.
Where pretrial inmates are held. McLennan County's adult jail system is run by the Sheriff, and people arrested anywhere in the county, by Waco police, Baylor University police, smaller city departments, deputies or troopers, are booked at the McLennan County Jail on Highway 6 east of downtown Waco. The Texas Commission on Jail Standards' August 2022 report credited the county with 1,678 jail beds and showed about 1,390 people in custody, including roughly 360 held for federal authorities. A person who cannot post the bond set at magistration remains there while the case proceeds. For custody questions, call the jail at (254) 757-2555.
1. Local courts in McLennan County (justice of the peace, municipal and county courts)
McLennan County has five justice of the peace precincts, with Precinct 1 split into two places, and fifteen or so cities that run their own municipal courts. Justices of the peace hear Class C cases from unincorporated areas, along with evictions, small claims and debt cases, and they also act as magistrates who warn arrested people of their rights and set bail. A municipal court hears Class C offenses and city ordinance violations from inside its city limits. Before calling a court about a ticket, look at the citation: it names the court that has the case.
Justice of the Peace courts
- Justice of the Peace, Precinct 1, Place 1, 501 Washington Ave., Suite 104-D, Waco, TX 76701, (254) 757-5040
- Justice of the Peace, Precinct 1, Place 2, 501 Washington Ave., Suite 108, Waco, TX 76701, (254) 757-5128
- Justice of the Peace, Precinct 2, 929 Elm Ave., Waco, TX 76704, (254) 752-9353
- Justice of the Peace, Precinct 3, 201 N. Reagan St., P.O. Box 495, West, TX 76691, (254) 826-3341
- Justice of the Peace, Precinct 4, 307 S. Madison St., McGregor, TX 76657, (254) 840-4225
- Justice of the Peace, Precinct 5, 1800 Richter Ave., Waco, TX 76711, (254) 752-4242
Municipal courts
- Waco Municipal Court, 201 W. Waco Dr., Waco, TX 76702, (254) 750-5900
- Bellmead Municipal Court, 3015 Bellmead Dr., Bellmead, TX 76705, (254) 799-2436
- Beverly Hills Municipal Court, 3418 Memorial Dr., Beverly Hills, TX 76711, (254) 752-2584
- Bruceville-Eddy Municipal Court, 144 Wilcox Dr., Bruceville-Eddy, TX 76524, (254) 859-5964
- Crawford Municipal Court, P.O. Box 7, Crawford, TX 76638, (254) 486-2125
- Golinda Municipal Court, 7039 Golinda Dr., Lorena, TX 76655, (254) 881-7333
- Hewitt Municipal Court, 200 Patriot Ct., Hewitt, TX 76643, (254) 666-1208
- Lacy Lakeview Municipal Court, 501 E. Craven Ave., Lacy Lakeview, TX 76705, (254) 799-2458
- Lorena Municipal Court, 222 N. Frontage Rd., Lorena, TX 76655, (254) 857-4641
- Mart Municipal Court, 112 N. Commerce St., Mart, TX 76664, (254) 876-2462
- McGregor Municipal Court, 302 S. Madison St., McGregor, TX 76657, (254) 840-2806
- Moody Municipal Court, P.O. Box 68, Moody, TX 76557, (254) 853-2314
- Riesel Municipal Court, 104 N. Hwy. 6, Riesel, TX 76682, (254) 896-6501
- Robinson Municipal Court, 111 W. Lyndale Ave., Robinson, TX 76706, (254) 662-1415
- West Municipal Court, P.O. Box 97, West, TX 76691, (254) 826-4607
- Woodway Municipal Court, 920 Estates Dr., Woodway, TX 76712, (254) 772-4489
County courts
- McLennan County Court at Law No. 1 (Class A and B misdemeanors), 501 Washington Ave., Waco, TX 76701, (254) 757-5078
- McLennan County Court at Law No. 2 (Class A and B misdemeanors), 501 Washington Ave., Waco, TX 76701, (254) 757-5078
- McLennan County Court (constitutional county court; County Judge), 501 Washington Ave., Waco, TX 76701, (254) 757-5078
Appeals from a justice court or a municipal court that is not a court of record go to the county courts at law for a new trial. The notice of appeal and appeal bond are due within a short time after judgment, so check the deadline with the clerk of the court that decided the case.
2. Courthouses and court offices in Waco
Most criminal court business in McLennan County happens in two connected buildings at 501 Washington Avenue: the domed 1902 courthouse and the courthouse annex beside it. The district courts and the District Clerk's criminal section are in the annex, along with the county courts at law, the Precinct 1 justices of the peace and the Indigent Defense Coordinator's office.
- 19th, 54th, 74th, 170th and 414th District Courts, Courthouse Annex, 501 Washington Ave., Waco, TX 76701; District Clerk criminal filings (254) 757-5054, civil filings (254) 757-5057
- County Courts at Law No. 1 and No. 2, 501 Washington Ave., Waco, TX 76701, (254) 757-5078
- Criminal District Attorney, 219 N. Sixth St., Waco, TX 76701, (254) 757-5084
- Waco Municipal Court, 201 W. Waco Dr., Waco, TX 76702, (254) 750-5900
Visitors pass through security screening at the annex entrance, and phones may need to be silenced in courtrooms. Felony dockets are typically busiest on weekday mornings, and a defendant out on bond who misses a setting can have the bond forfeited and a warrant issued, so arrive early and check the docket posted outside each courtroom.
3. What happens after an arrest in McLennan County
- Transport and booking. Arresting officers bring the person to the McLennan County Jail on Highway 6, where jail staff take fingerprints and photographs, run warrant checks, record property and screen for medical and mental health needs.
- Magistration. Within 48 hours, a magistrate (a justice of the peace or another judge serving as magistrate at the jail) reads the charges, gives the article 15.17 warnings, explains the right to remain silent and the right to counsel, and asks whether the person wants a court-appointed lawyer.
- Setting bail. The magistrate reviews a public safety report showing criminal history and any prior failures to appear, then sets the amount and any conditions, such as no contact with a complainant, a curfew, GPS monitoring or an ignition interlock.
- Release. A person can be released on a cash deposit, a surety bond written by a licensed bondsman, or a personal bond. Personal bonds are not allowed for people charged with violent offenses under the 2021 Damon Allen Act.
- Charging decision. The Criminal District Attorney's office reviews the police report and decides whether to file the case, change the charge or decline it. In McLennan County a misdemeanor is charged by information in a county court at law, while a felony must go to a grand jury.
Texas law also protects people held without trial too long. Under article 17.151, a defendant held on a felony must generally be released on a personal bond or reduced bail if the State is not ready for trial within 90 days of detention, with shorter limits for misdemeanors, although exceptions apply to violent offenses and other listed cases.
4. The McLennan County Jail
The Sheriff's adult detention operation is centered on the McLennan County Jail at 3201 E. State Highway 6 in Waco, which handles intake and reception for every adult arrested in the county. In August 2022 the state rated the county's jail system at 1,678 beds and counted about 1,390 people in custody: roughly 480 pretrial felony defendants, several hundred others held locally, and about 360 federal prisoners held under contract.
- Custody and general jail questions: (254) 757-2555
- Sheriff's Office records division: (254) 757-5108
- Visitation: the Sheriff's Office has announced that visitation moves to the jail's bond office lobby beginning April 5, 2026; confirm the current schedule before going.
- Mail: personal letters and photographs go through the Sheriff's electronic mail processing service, while legal mail, checks and money orders follow separate rules; check the Sheriff's current instructions before sending anything.
Families who want to post bond can do so at the jail's bond office, either directly with cash or through a licensed bondsman. Someone held for another county or for federal authorities may not be eligible for release in McLennan County even after posting bond on a local charge.
5. Court-appointed lawyers in McLennan County
A defendant who cannot afford a lawyer has a right to appointed counsel in any case that could lead to jail. In McLennan County, appointments are managed by the Indigent Defense Coordinator Office for Appointed Criminal Attorney, which screens financial eligibility and assigns private lawyers from the courts' approved lists under the county's indigent defense plan filed with the Texas Indigent Defense Commission.
- Indigent Defense Coordinator, 501 Washington Ave., Suite 109, Waco, TX 76701, (254) 759-7540; Monday through Friday, 8 a.m. to 5 p.m. (closed noon to 1 p.m.)
The simplest way to ask for a lawyer is to say so at magistration in the jail. A person who was released on bail before asking, or who wants to apply later, can call the coordinator's office; the county says the application requires an in-person interview. Bring proof of income, household size and expenses. The county also takes applications from attorneys for appointments in its mental health court program, a sign that defendants in that program receive appointed counsel too. Capital murder cases require lawyers who meet the state's special qualifications.
6. Criminal District Attorney, diversion and specialty courts
McLennan County has a Criminal District Attorney, so a single elected prosecutor's office, at 219 N. Sixth Street, (254) 757-5084, handles Class A and B misdemeanors in the county courts at law as well as every felony in the district courts. The office also prosecutes juvenile cases and handles victim services.
Pretrial diversion
For some first-time and lower-level defendants, the Criminal District Attorney may offer pretrial diversion: an agreement to complete conditions such as classes, community service, restitution and drug testing for a set period, after which the charge is dismissed. A successful diversion may make the arrest record eligible for expunction. Eligibility is decided by the prosecutor, and violent offenses and many DWI cases are usually excluded. A defense lawyer can ask whether a case qualifies.
DWI cases
Texas law allows deferred adjudication for many first DWI cases (except those involving a commercial license or a 0.15 or higher alcohol concentration, with some judicial discretion), and some offices run DWI-specific intervention programs. Ask the prosecutor or defense counsel what options exist in McLennan County, since alternatives depend on the facts and the defendant's record.
Specialty courts
McLennan County operates a mental health court program for defendants whose charges are connected to serious mental illness, combining treatment and court supervision. Other Texas counties of similar size run drug, DWI and veterans treatment courts, and McLennan County defendants should ask their lawyer or the court whether a treatment court docket is available for their charge. Participation is voluntary, requires court approval and frequent appearances, and can lead to a reduced or dismissed charge on completion.
Release on bond is often a condition of joining a diversion program or specialty court, since participants must be able to attend treatment and appointments.
7. Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
Class A and B misdemeanors in McLennan County are filed by the Criminal District Attorney in County Court at Law No. 1 or No. 2. Baylor University's student population, Interstate 35 traffic and a growing metro area keep these courts busy with DWI, theft, family violence and drug possession cases.
From the jail to the first setting
After booking at the McLennan County Jail and magistration, most misdemeanor defendants are released on bail within a day or two. The release paperwork lists the date of the first appearance in a county court at law. Prosecutors file an information, and discovery (police reports, video, test results) is exchanged before plea discussions begin.
Resolving the case
Many McLennan County misdemeanors are resolved with a plea agreement, pretrial diversion or deferred adjudication, but every defendant has the right to a trial before the judge or a six-member jury that must be unanimous, and can choose jury sentencing. Outcomes include dismissal, deferred adjudication (community supervision that ends without a conviction if completed), straight probation, fines and county jail time. Some people later qualify for an order of nondisclosure that seals the record from most public view.
The listed charges
- Theft: under $100, a Class C ticket; $100 up to $750, Class B; $750 up to $2,500, Class A; $2,500 or more, a state jail felony or higher. Shoplifting cases from the Waco retail corridors are among the most common.
- First DWI: Class B, with 72 hours to 180 days in jail and a fine up to $3,000, though probation is typical. A test showing 0.15 or more raises it to Class A, and an open container in the vehicle triggers a six-day minimum. A conviction brings a license suspension, a DWI education class, a state traffic fine and possibly an ignition interlock, and the Department of Public Safety can separately suspend the license after a refused or failed test.
- Assault causing bodily injury: Class A, punishable by up to a year in jail and a $4,000 fine. In a family violence case the judge may issue an emergency protective order at magistration, and a family violence finding can make a later assault a felony.
- Criminal trespass: Class B for most property, including campus buildings after a trespass warning; Class A when it involves a habitation or shelter or the person carries a deadly weapon.
Expect most of these cases to take two to six months in the county courts at law. To ask for appointed counsel, request it at magistration or call the Indigent Defense Coordinator at (254) 759-7540.
8. Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
Felony cases in McLennan County are prosecuted by the Criminal District Attorney and assigned to one of the district courts in the courthouse annex. The typical sequence:
- Arrest and magistration. The defendant is booked into the McLennan County Jail and seen by a magistrate within 48 hours, who sets bail after reviewing the public safety report.
- Case review and grand jury. Prosecutors review the investigation and present it to a McLennan County grand jury, which sits for a term and hears many cases. The grand jury decides in secret whether to return a true bill (an indictment) or a no-bill.
- Arraignment and discovery. After indictment, the case is set in a district court, the defendant enters a plea, and the State must provide discovery under the Michael Morton Act.
- Pretrial settings. The court holds a series of settings for negotiations and motions, such as motions to suppress evidence from a search.
- Plea or trial. Most felonies end in a plea agreement. At trial, a 12-member McLennan County jury must agree unanimously on guilt, and the defendant may elect to have the jury decide punishment.
Punishment ranges
- State jail felony: 180 days to 2 years in a state jail, plus a fine of up to $10,000; theft of $2,500 to $30,000 and possession of less than one gram of a Penalty Group 1 drug are typical.
- Third-degree felony: 2 to 10 years in the Texas Department of Criminal Justice.
- Second-degree felony: 2 to 20 years; burglary of a habitation and most aggravated assaults are second degree.
- First-degree felony: 5 to 99 years or life, as with aggravated assault on a family member causing serious injury in some cases.
- Drug possession or delivery: graded by penalty group and weight; delivery and possession with intent to deliver carry higher ranges, and drug-free zones near schools can enhance them.
Deferred adjudication is often available for first-time felony defendants, and prior felony convictions can raise the range under the habitual offender statutes. Parole eligibility for most offenses arrives at one-quarter of the sentence including good time, while "3g" offenses require half the sentence (minimum two years). McLennan County felonies typically take six to eighteen months, longer when forensic testing is needed. Request appointed counsel at magistration or through the Indigent Defense Coordinator at (254) 759-7540.
9. Violent felony (for example, murder, sexual assault, aggravated robbery)
Violent felonies in McLennan County are prosecuted by the Criminal District Attorney's trial teams and heard in the district courts. Release is much harder to obtain: a personal bond is barred for violent offenses, magistrates set high amounts, and a Texas constitutional amendment approved by voters in 2025 allows judges to deny bail in some violent-crime cases after a hearing. Defendants who remain in custody are held at the McLennan County Jail.
- Capital murder: the punishment is either death or life imprisonment without the possibility of parole, depending on whether the State seeks death.
- Murder: first degree; 5 to 99 years or life in prison, with the possibility of a second-degree range if the jury finds sudden passion.
- Sexual assault: a second-degree felony with sex offender registration; aggravated sexual assault is first degree and carries a 25-year minimum for some offenses against young children.
- Aggravated robbery: first degree, and as a "3g" offense it requires serving half the sentence before parole eligibility.
Victims' rights under article I, section 30 of the Texas Constitution include notice of hearings, the right to confer with the prosecutor, protection from the accused and the right to deliver a victim impact statement; the Criminal District Attorney's victim services staff help families through the process. Waco police, the Sheriff's Office and the Texas Rangers investigate major cases, and forensic analysis can add months. Violent felony cases in McLennan County often take one to three years to reach a plea or verdict.
10. Juveniles (under 17) arrested in McLennan County
In Texas, the juvenile system applies to children who were 10 to 16 years old at the time of the alleged offense; 17-year-olds are prosecuted in adult court. McLennan County juvenile cases are heard in the court designated as juvenile court by the county's juvenile board, and they follow the Juvenile Justice Code rather than adult criminal procedure.
Juvenile probation intake
When a child is taken into custody, officers bring the child to the McLennan County Juvenile Probation Department rather than the adult jail. An intake officer contacts the parents, reviews the referral and decides whether the child can be released home. Lower-level cases may be resolved through supervisory caution or deferred prosecution. More serious cases are sent to the Criminal District Attorney's office, which decides whether to file a petition.
Detention
McLennan County operates its own juvenile detention facility, the McLennan County Juvenile Detention Center, run by the Juvenile Probation Department at 2601 Gholson Road in Waco and rated for 72 youths. A detained child must receive a detention hearing within two working days, where the judge decides whether continued detention is necessary. A lawyer is appointed for any child whose family cannot pay. Visitation is limited to parents and guardians; call (254) 757-5072 for the schedule.
How juvenile cases end
- Deferred prosecution, with dismissal after the child completes the conditions.
- Probation at home or in a residential program, with requirements such as school attendance, counseling, curfew and restitution.
- For a youth found to have committed a felony, commitment to the Texas Juvenile Justice Department (TJJD), which runs secure state facilities.
- Determinate sentencing for serious offenses listed in the Family Code, which can lead to transfer to adult prison.
For the most serious cases, the Criminal District Attorney may ask the juvenile court to certify a child to stand trial as an adult. This generally applies to a child at least 14 who is charged with a capital felony, a first-degree felony or certain aggravated drug felonies, or at least 15 for other felonies, and requires a hearing with psychological and social evaluations. Juvenile records are confidential, and most can be sealed later.
11. Federal cases (U.S. District Court) from McLennan County
McLennan County is the home of the Waco Division of the U.S. District Court for the Western District of Texas, which covers 13 Central Texas counties. Federal cases from the county are heard downtown at the federal building on Franklin Avenue, a few blocks from the county courthouse.
- U.S. District Clerk, Waco Division, 800 Franklin Ave., Room 380, Waco, TX 76701, (254) 750-1501
- U.S. Attorney's Office, Waco, 800 Franklin Ave., Suite 280, Waco, TX 76701, (254) 750-1580
- Federal Public Defender, Western District of Texas, which has a Waco office, or a Criminal Justice Act panel lawyer appointed by the court
Federal cases from McLennan County
A case becomes federal when the conduct violates federal law and the U.S. Attorney's Office decides to prosecute. In the Waco area, that commonly means drug trafficking along Interstate 35, firearms possessed by felons or used in drug crimes, armed robberies of banks and businesses, child exploitation, and fraud schemes. Some cases start as Waco police or Sheriff's Office arrests and are adopted by federal prosecutors working with the FBI, DEA or ATF.
The federal process
The defendant appears before a U.S. magistrate judge in Waco soon after arrest. The federal system does not rely on commercial bail; under the Bail Reform Act, the magistrate judge either orders release on conditions supervised by U.S. Pretrial Services or orders detention after a hearing, usually held within three court days of the government's motion. If the case starts with a complaint, a grand jury must return an indictment within 30 days. The Speedy Trial Act sets a 70-day deadline for trial, often extended. A federal jury of 12 must be unanimous, but most defendants plead guilty, often under a plea agreement. The U.S. Probation Office prepares a presentence report, and the judge applies the advisory Sentencing Guidelines and any mandatory minimum. Federal prisoners serve about 85 percent of their sentence because there is no parole, then supervised release begins. Appeals go to the Fifth Circuit.
Federal detainees in the county jail
The McLennan County Jail system holds a large number of federal pretrial prisoners under contract, about 360 in the state's August 2022 count, so many people facing charges in the Waco federal court are housed locally. A person held before trial in a county jail under a Marshals contract may appear on that jail's inmate roster. To find a person in the federal system, use the Federal Bureau of Prisons inmate locator and search by name or register number. Juveniles are rarely prosecuted in federal court, so McLennan County youth cases almost always stay in state juvenile court.
This guide gives a general overview of criminal court procedure in McLennan County and is not legal advice; court assignments, officeholders and local practices change. To request a court-appointed lawyer, ask at magistration or call the Indigent Defense Coordinator at (254) 759-7540, and confirm all court dates with the District Clerk at (254) 757-5054 or the county court clerk at (254) 757-5078.
Criminal Court Process for McLennan County Texas
McLennan 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 McLennan 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, McLennan 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 McLennan 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 McLennan 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, McLennan County or a city or town. The prosecuting attorney for McLennan 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 McLennan 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 McLennan 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 McLennan 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.
