Barbara Culver Juvenile Detention Center Criminal Court Process

Search for an Inmate or Active Arrest Warrant in Midland County

Criminal Court Process for Midland County Texas

The city of Midland, halfway between Fort Worth and El Paso in the heart of the Permian Basin oil field, is the county seat of Midland County and the place where all of its criminal cases are decided. Four justices of the peace and the Midland Municipal Court take Class C offenses; Midland County Court at Law and County Court at Law No. 2 hear Class A and B misdemeanors; and felonies are tried in the county's district courts, the 142nd, 238th, 318th, 385th and 441st, each of which serves Midland County alone. The Midland County Attorney prosecutes misdemeanors, while the District Attorney for the 142nd Judicial District prosecutes felonies. Adults arrested anywhere in the county are booked into the Sheriff's downtown detention center on South Main Street.

Which court hears your case. Where a Class C misdemeanor goes depends on who wrote it: a speeding ticket, public intoxication arrest, sub-$100 shoplifting or no-injury shoving charge from a Midland police officer inside the city is answered at the Midland Municipal Court, while the same offense cited by a sheriff's deputy, constable or DPS trooper goes to a Justice of the Peace court. These offenses carry fines but no jail. Class A and B misdemeanors, a first DWI among them, are prosecuted in Midland County Court at Law or County Court at Law No. 2. A felony begins with magistrate warnings at the jail and, after a Midland County grand jury indicts, moves to one of the district courts: the 142nd, 238th, 385th or 441st District Court for most criminal dockets, with the 318th District Court generally handling family cases. Midland County has no separate criminal district court; its district judges carry general civil and criminal dockets.

Where pretrial inmates are held. The Midland County Sheriff runs the county's adult jail, a facility certified for roughly 490 beds, from the law enforcement complex on South Main Street beside the William Ahders Law Enforcement Building. Midland police, deputies, DPS troopers and constables all bring adult arrestees there. Anyone who cannot post the bail set at magistration stays there until the case is resolved or a judge changes the conditions. Call the detention division at (432) 688-4745 for custody questions; jail staff do not give out court dates or transfer times.

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

Midland County is divided into four justice of the peace precincts, and their judges do far more than hear traffic tickets. Justices of the peace rotate through the jail as magistrates, read arrestees their rights, rule on requests for appointed counsel and set bond. They also decide small claims, evictions and truancy cases. The City of Midland runs the county's only municipal court headquartered inside the county. A small slice of the City of Odessa crosses the line into western Midland County, and a ticket written by an Odessa officer there is handled by the Odessa Municipal Court in neighboring Ector County.

Justice of the Peace courts

  • Justice of the Peace, Precinct 1, 400 S. Main St., Midland, TX 79701, (432) 688-4741
  • Justice of the Peace, Precinct 2, 707 W. Washington Ave., Midland, TX 79701, (432) 688-4722
  • Justice of the Peace, Precinct 3, 400 S. Main St., Midland, TX 79701, (432) 688-4733
  • Justice of the Peace, Precinct 4, 707 W. Washington Ave., Midland, TX 79701, (432) 688-4724

Municipal court

  • Midland Municipal Court, 406 E. Illinois Ave. (P.O. Box 1152), Midland, TX 79702, (432) 685-7314

County courts

  • Midland County Court at Law (Class A and B misdemeanors; appeals from justice and municipal courts), 500 N. Loraine St., Midland, TX 79701, (432) 688-4402
  • Midland County Court at Law No. 2 (Class A and B misdemeanors), 500 N. Loraine St., Midland, TX 79701, (432) 688-4402
  • Midland County Court (constitutional county court; County Judge), 500 N. Loraine St., Midland, TX 79701, (432) 688-4310

District courts

  • 142nd, 238th, 318th, 385th and 441st District Courts, Midland County Courthouse, 500 N. Loraine St., Midland, TX 79701, District Clerk (432) 688-4500

Before going to any of these courts, confirm the courtroom and setting with the clerk; several offices have moved since the new courthouse opened. A defendant unhappy with a justice court verdict, or with one from a municipal court that keeps no record, can ask a Midland County court at law to try the case over, provided an appeal bond goes in within the short window, about ten days, that follows the judgment.

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The Midland County Courthouse and who sits there

The multistory courthouse on North Loraine Street gathers the county's major trial courts under one roof. The District Clerk, who keeps every felony file, and the County Clerk, who keeps the misdemeanor files, both have counters in the building, along with the district judges, the two county courts at law and the County Judge.

  • District courts. The 142nd, 238th, 385th and 441st District Courts divide the felony docket, while the 318th District Court is generally associated with family matters such as divorce, custody and child protection. Each district covers only Midland County, so the judges hold court in Midland every week instead of riding a circuit.
  • County Court at Law and County Court at Law No. 2. These statutory courts hear Class A and B misdemeanors, including DWI, family violence assault, theft, drug paraphernalia beyond Class C and possession of small amounts of marijuana. Their judges also take appeals from the justice and municipal courts.
  • Constitutional county court. The County Judge mainly runs county government; criminal cases in Midland County go to the courts at law.

Expect security screening at the entrance. Bring the cause number on your bond paperwork or citation, because clerks find files fastest by number. Remote hearings are used for some settings, but a defendant must appear in person unless the court has said otherwise; missing a setting usually leads to a warrant and forfeiture of the bond.

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What happens after an arrest in Midland County

Booking

Arresting officers drive adults to the Midland County Central Detention Center on South Main Street. Booking means fingerprints, a photograph, a warrant check, a medical and mental health screening and an inventory of property. The charge and any bond amount appear in the jail's records once booking is complete, which can take several hours on a busy night.

Magistration

Every person booked into the Midland County jail has to see a magistrate within 48 hours. In Midland County that hearing is usually held at the jail by a justice of the peace, and a state review in 2023 found most arrestees saw a magistrate within about a day of booking. During the brief jail hearing the Midland justice of the peace names the offense, warns that anything said can be used in court, explains the right to counsel and asks directly whether the arrestee is requesting an appointed lawyer. Anyone who cannot afford counsel should say so at this hearing and fill out the affidavit of indigence. People who were cited and released instead of jailed receive these warnings when they first appear before a county court at law judge.

Setting bail

Before fixing the amount and form of bail, the Midland magistrate must look over the Damon Allen Act public safety report, a summary of the arrestee's record, pending cases and past missed court dates. Release can come through:

  • a cash bond, the full amount paid to the Sheriff and returned, less fees, when the case ends;
  • a surety bond written by a licensed bail bondsman, who usually charges a nonrefundable premium of around 10 percent or more;
  • a personal bond, a written promise to appear, which the law does not allow for people charged with violent offenses.

Common conditions include no contact with a complaining witness, an ignition interlock after a DWI arrest, drug testing or GPS monitoring. A Midland district judge may go further in a serious violent case, because Under a constitutional amendment Texas voters approved in 2025, judges in Midland County can deny bail in some violent-crime cases.

Filing and first settings

Police reports go to the County Attorney for misdemeanors or to the District Attorney for felonies. A misdemeanor is filed as an information in a county court at law. A felony goes to a grand jury, which decides whether to indict. If the person stays in jail and the State is not ready for trial within the time limits of article 17.151 (90 days for most felonies and shorter periods for misdemeanors), the defense can ask for release on a personal bond or a lower amount, though that rule has exceptions for violent charges.

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The Midland County jail

The Midland County Central Detention Center is the only county jail in Midland County. State jail standards records from January 2022 listed capacity at 489 inmates with roughly 420 held, almost all of them awaiting trial or serving short county sentences, and the county was not sending inmates to other counties at that time.

Families usually ask three things. First, bond: a cash or surety bond can be posted at the jail once the magistrate has set it, and a bondsman must be licensed to write bonds in Midland County. Second, phone calls and deposits: inmate calls run through the jail's contracted phone provider, and an account must be funded before the person can call a cell phone. Third, transfers: the jail will not announce in advance when someone is moving to state prison or another county, for security reasons.

A person sentenced to a state jail felony or to prison leaves the county jail for the Texas Department of Criminal Justice once the paperwork is complete. Someone serving a misdemeanor sentence normally stays in this jail. Any questions about the case itself, not the custody, belong with the defense lawyer or the court clerk.

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Court-appointed lawyers in Midland County

Midland County does not have a public defender office for ordinary felony and misdemeanor cases. Instead, its indigent defense plan, filed with the Texas Indigent Defense Commission, has the judges appoint private lawyers from approved lists once a defendant is found unable to afford counsel. Capital murder defendants are assigned specially qualified counsel, and the county can draw on the statewide Regional Public Defender for Capital Cases.

How to ask

  1. Request a lawyer when the magistrate asks at the jail, and complete the financial affidavit.
  2. If you were released before asking, or were cited and released, raise the request at your first court setting or contact the clerk of the court where the case is pending.
  3. For a felony, call the District Clerk at (432) 688-4500; for a misdemeanor in a county court at law, call the County Clerk at (432) 688-4402.

Texas law expects an appointment within three working days after the request reaches the court, plus a day for forwarding it. State monitors reviewing Midland County in 2023 found many appointments ran late, so a defendant who has asked and has not heard from a lawyer should follow up with the court. Being released on bond does not by itself disqualify someone from an appointed lawyer; the judge looks at income, expenses and the cost of hiring counsel. A defendant who later becomes able to pay may be ordered to repay some of the attorney's fees.

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Prosecutors, diversion and specialty dockets

Two offices bring criminal charges here. The Midland County Attorney, (432) 688-4490, files Class A and B misdemeanors in the courts at law and also handles protective orders and some juvenile matters. The District Attorney for the 142nd Judicial District, (432) 688-4411, presents felonies to the grand jury and tries them in district court; because the 142nd District covers Midland County only, the office is a county-focused felony prosecutor.

Ways a case can end without a conviction

  • Pretrial diversion. Some first-time defendants are offered an agreement to complete classes, community service, restitution or treatment in exchange for dismissal. Eligibility is set by the prosecutor's office, and violent and many DWI cases are excluded.
  • Deferred adjudication. The judge places the defendant on community supervision without finding guilt; if the terms are met, the case is dismissed, and an order of nondisclosure may become available.
  • Dismissal or reduction. Weak evidence, lab delays or a witness problem can lead the State to drop or lower a charge.

Specialty courts

Many Texas counties of Midland's size run treatment-based dockets, such as drug court, a DWI or sobriety court, a veterans treatment court or a mental health docket, in which a defendant reports to the judge regularly and receives treatment and testing in place of a standard sentence. Admission is usually limited to nonviolent cases and requires agreement from the prosecutor and the judge. A defense lawyer can say which programs Midland County currently offers and whether a particular case qualifies.

Crime victims can reach victim services through the prosecutor's office handling the case. They are entitled under article I, section 30 of the Texas Constitution to be told of hearings, to confer with the prosecutor and to give an impact statement.

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

Interstate 20, Loop 250, oilfield traffic and a young workforce make DWI one of the most frequent charges in the Midland County courts at law, alongside shoplifting, family violence assault and possession of marijuana or drug paraphernalia.

From arrest to the first setting

After booking at the Midland County Central Detention Center, a magistrate reads the warnings and sets bail. Many misdemeanor defendants are released within a day on a surety or personal bond. Someone who cannot pay should ask at that hearing for an appointed lawyer. The County Attorney then files an information and the case is assigned to County Court at Law or County Court at Law No. 2.

How the case moves

The early settings are for arraignment, discovery and plea offers. The County Attorney may propose a plea to a lesser charge, deferred adjudication or a short probation, and the defendant can accept, counter or set the case for trial. A misdemeanor jury in Texas has six members and must be unanimous; a defendant may also waive a jury and try the case to the judge. A defendant who goes to a jury may ask those jurors, rather than the judge, to assess the punishment.

Punishment for the listed offenses

  • Theft: Midland prosecutors grade it by the property's value, from a fine-only Class C below $100, to Class B between $100 and $750 (with exposure of 180 days and $2,000), to Class A between $750 and $2,500 (with exposure of one year and $4,000).
  • First DWI: a Class B case in the courts at law, where the judge may order anywhere from three days to six months in the county jail and fine the driver up to $3,000, although probation is the usual result. A test result at or above 0.15 turns it into a Class A, and an opened alcohol container in the vehicle sets a floor of six days in jail. A driver's license suspension, a separate administrative license proceeding after a failed or refused test, a DWI education course, a state fine on conviction and an ignition interlock may all follow.
  • Assault causing bodily injury: Class A. A family violence finding brings a federal firearm ban and lets a second offense be charged as a felony.
  • Criminal trespass: most often filed as Class B in Midland County, but charged as Class A when the property entered was someone's dwelling or the trespasser had a deadly weapon.

Expect most misdemeanors to take two to six months, longer when a blood test or video must be analyzed. An appointed lawyer can be requested through the County Clerk at (432) 688-4402.

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

Felony cases in Midland County belong to the District Attorney for the 142nd Judicial District and are heard by the district judges at the courthouse on North Loraine Street. The path generally runs this way:

  1. Arrest and bond. The person is booked at the Midland County Central Detention Center and sees a magistrate within 48 hours. Felony bonds are higher, and conditions such as GPS monitoring or drug testing are common.
  2. Case review. Prosecutors gather the offense report, lab results and video, and decide what charge to present. Drug cases may wait on a laboratory analysis.
  3. Grand jury. A Midland County grand jury of twelve citizens meets in private and votes on whether there is probable cause. A true bill becomes an indictment; a no bill ends that charge, though the State can present it again. A defendant may waive indictment and proceed by information as part of a plea.
  4. District court. The indictment is assigned to one of the felony district courts. The court arraigns the defendant, appoints counsel if needed and sets pretrial hearings on motions and discovery.
  5. Plea or trial. The large majority of Midland felony cases close with a bargain struck between the defense and the District Attorney. Those that go to trial are decided by a unanimous panel of twelve, and the defense may elect to have that same panel fix the punishment.

Penalty ranges

  • State jail felony: a stay of between half a year and two years in a state jail, and a fine as high as $10,000; stealing $2,500 to $30,000 worth of oilfield tools, or possessing under a gram of a Penalty Group 1 substance such as methamphetamine, belongs in this tier.
  • Third-degree felony: 2 to 10 years in prison.
  • Second-degree felony: a range of two to twenty years, which is where home burglary and most aggravated assault charges land.
  • First-degree felony: 5 to 99 years or life. Large-quantity drug delivery can reach this level or carry enhanced minimums.

Deferred adjudication is often available for a first felony other than the most serious offenses. Prior felony convictions raise the punishment range, and two prior sequential prison terms can bring 25 years to life. Parole eligibility for most offenses comes after about one-quarter of the sentence including good time; a "3g" conviction, such as aggravated assault with a deadly weapon, pushes eligibility back to the halfway mark, with a two-year minimum. Most felony cases in Midland County resolve within six to eighteen months. Appointed counsel is requested through the District Clerk at (432) 688-4500.

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

Cases involving death, serious injury, a weapon or a sexual offense follow the same steps as other felonies but move more slowly and with tighter restrictions. A magistrate cannot release someone charged with a violent offense on a personal bond, surety amounts are typically high, and under the 2025 constitutional amendment a district judge may deny bail outright in some cases after an evidentiary hearing. Many defendants therefore wait for trial in the Midland County Central Detention Center.

  • Capital murder: life without parole or the death penalty. Texas carries out more executions than any other state, and only the District Attorney decides whether to seek death.
  • Murder: punished in the first-degree range of five to 99 years or life, unless the jury finds the killing happened in sudden passion, which drops it to the second-degree range.
  • Sexual assault: a second-degree felony with a two-to-twenty-year range and mandatory sex offender registration. Aggravated sexual assault moves to the first-degree range, and when the victim is a young child certain versions require at least 25 years.
  • Aggravated robbery: first degree, and the "3g" label means a Midland inmate convicted of it waits until half the sentence is done before parole is reviewed.

Because these cases depend on DNA testing, digital evidence, autopsy reports and expert witnesses, one to three years from arrest to trial is common. Victims and their families can work with the District Attorney's victim services staff. A defendant who cannot afford a lawyer receives an appointed attorney, and capital defendants receive two qualified lawyers.

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Juveniles (under 17) arrested in Midland County

The Midland County juvenile court deals with children accused of conduct committed between their 10th and 17th birthdays. Once a person has turned 17, an arrest in Midland County follows the adult process laid out earlier on this page.

Who handles the case

When police take a child into custody, they contact the Midland County Juvenile Probation Department, which screens every referral. Midland intake officers can hand the child back to a parent, resolve the referral informally, arrange deferred prosecution, or forward the file for possible prosecution. The prosecutor reviews the referral and may file a petition in the juvenile court, the court that the Midland County Juvenile Board has designated for juvenile matters, which is one of the county's district courts or courts at law. The District Clerk at (432) 688-4500 can tell a family which courtroom has the case.

Detention

A youth who is not released goes to a certified juvenile detention facility, never the adult jail. Midland County youths are typically detained in a county-run juvenile detention center in Midland through the probation department, and the department tells parents where the child is held. A detention hearing must take place within two working days. At that hearing the judge decides whether the child can go home, possibly with conditions such as electronic monitoring, and the child is entitled to a lawyer, appointed if the family cannot afford one.

Possible outcomes

  • Deferred prosecution: supervision, usually for up to six months, after which the case is closed without an adjudication.
  • Probation: supervision at home or in a residential placement, with conditions like school attendance, counseling or community service.
  • Commitment to the Texas Juvenile Justice Department (TJJD), an option the Midland juvenile judge has only after finding felony-grade conduct.
  • Determinate sentencing for certain serious offenses, which can begin with TJJD and later continue in adult prison.

A Midland County prosecutor who believes a youth should face adult court files a motion to certify and transfer the case. In broad terms, that request is open for capital, first-degree and aggravated controlled substance felonies when the youth was at least 14, and for any other felony when the youth was at least 15, and it is decided only after a full diagnostic study and a hearing. Juvenile records are kept confidential, and many can later be sealed.

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

Midland County is one of six counties in the Western District of Texas's Midland-Odessa Division, the federal trial court that hears crimes charged here. Federal law places that division's court in Midland itself, so a local defendant's federal hearings take place only a few blocks from the county courthouse.

  • U.S. District Court clerk, 200 E. Wall St., Room 222, Midland, TX 79701, (432) 686-4001
  • U.S. Attorney's Office, Midland, 400 W. Illinois Ave., Suite 1200, Midland, TX 79701, (432) 686-4110
  • Federal Public Defender, Midland/Odessa office, which represents many defendants who cannot afford counsel; others receive a private lawyer from the court's Criminal Justice Act panel

What makes a case federal

A federal case is one that charges a violation of a federal statute and is accepted for prosecution by the U.S. Attorney. In the Permian Basin that most often means methamphetamine and fentanyl distribution, firearm possession by a convicted felon, oilfield equipment theft that crosses state lines, fraud schemes and child exploitation offenses. Some begin with a stop by Midland police or a deputy and are taken over by federal agents.

The federal process

The defendant first appears before a U.S. magistrate judge in Midland. The prosecutor may move for detention, and that hearing usually comes within three court days. Nobody buys a commercial bail bond in federal court. Applying the Bail Reform Act, the Midland magistrate either sets conditions that federal Pretrial Services officers enforce or keeps the defendant in custody. When the case started with a criminal complaint, the grand jury must indict within 30 days of arrest. Trial in the Wall Street courthouse is supposed to start within 70 days under the Speedy Trial Act, but judges often grant extra time. Federal juries have twelve members and must be unanimous, but the great majority of cases end in a guilty plea. A federal probation officer in Midland investigates the defendant's background for a presentence report, and the district judge sets punishment after weighing the advisory Guidelines and any minimum term Congress requires. Federal inmates earn good-conduct time but are never paroled, so about 85 percent of the sentence is spent in a Bureau of Prisons facility before a term of supervised release. Any appeal from a Midland conviction is heard by the Fifth Circuit.

Locating a federal defendant

To track a Midland defendant through the federal system, enter the full name or register number in the Federal Bureau of Prisons inmate locator. A defendant awaiting trial may instead be boarded by the U.S. Marshals in a contract county jail, and in that case the name can appear on that jail's roster. Federal prosecution of juveniles is rare, and a Midland County youth is almost always handled in the state juvenile court.

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This overview of Midland County criminal court procedure is general information and not legal advice; court practices, locations and phone numbers can change. To request a court-appointed lawyer, ask the magistrate at the jail or call the District Clerk at (432) 688-4500 for a felony or the County Clerk at (432) 688-4402 for a misdemeanor, and confirm every court date with the clerk's office.

Criminal Court Process for Midland County Texas

Midland 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 Midland 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, Midland 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 Midland 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 Midland 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, Midland County or a city or town. The prosecuting attorney for Midland 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 Midland 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 Midland 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 Midland County District Clerk or County Clerk website. If you do not pay your fine on time, you can lose your driver’s license, have to pay additional fees or even have a warrant for your arrest.  It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket. 

Texas Criminal Court System - How it Works

Justice courts are located within precincts are the lower-level criminal courts that handle Class C misdemeanors such as disorderly conduct, public intoxication and minor possession of alcohol and traffic violations. The judges are magistrates. 

Municipal courts handle violations of municipal ordinances (city laws), traffic violations, parking violations and criminal misdemeanor offenses that occur within the city or towns police jurisdiction. They overlap with justice courts in handling Class C misdemeanors. These courts are for criminal misdemeanors and are only punishable by fine and there is no confinement.

When there is an appeal request from a judgement made in justice or municipal court, the case is heard in a county or district court as if the original trial in the lower court had not occurred.  This is called trial de novo.

Texas County Courts are the original and trial courts for the more serious Class A and B misdemeanor cases. Each Texas county has one constitutional county court, and many counties have added statutory County Courts at Law to share its caseload; in larger counties those courts hear most Class A and B misdemeanors.  County courts are not courts for felony cases.

District courts in Texas are trial courts that handle criminal felony cases from beginning to end.  

Every Texas county designates at least one court to sit as its juvenile court (Family Code 51.04). A child in juvenile court is someone who was 10 through 16 at the time of the alleged conduct; at 17, Texas treats a person as an adult in criminal cases. The juvenile cases are handled by judges assigned to only serve “juvenile court”.

Courts of Appeal handle appeals from the district and county courts.

Specialty courts or problem-solving courts are being adopted in many states as a way to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances. Texas offers a variety of specialty courts throughout the state including drug, veteran’s, re-entry and DWI courts.

Texas has two high courts. The Texas Supreme Court is the final word on civil and juvenile cases. The Texas Court of Criminal Appeals in Austin is the highest court for criminal cases and automatically reviews every death sentence. Most criminal appeals reach it after one of the state’s intermediate courts of appeals has ruled.

FEDERAL COURT

Federal Court deals with crimes involving violations of United States laws.  Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.  

Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime. 

There are some differences in the Federal court system as compared to the Texas state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).  

Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.

There are four U.S. Federal Judicial Districts in Texas.

Courts

MIDLAND MUNICIPAL COURT
201 E TEXAS AVE
MIDLAND TX, 79701
432-685-7314

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Every detail on this page is checked by hand, not scraped. This unofficial directory helps friends and family of incarcerated individuals find critical information — inmate lists, locations, bail resources, visitation hours, rules, and text, phone, email, and mail services — for jails, detention centers, and prisons across the United States.