Randall County Jail Criminal Court Process
Criminal Court Process for Randall County Texas
Randall County, with about 150,000 residents, takes in the southern half of Amarillo along with its county seat, Canyon, home of West Texas A&M University. Two justice of the peace precincts and several municipal courts handle Class C cases, Randall County Court at Law No. 1 and No. 2 hear Class A and B misdemeanors, and the 47th, 181st and 251st District Courts, all shared with neighboring Potter County (the 47th also with Armstrong County), try felonies. Randall is one of the counties with a Criminal District Attorney, whose office prosecutes both misdemeanors and felonies here; the 47th District Attorney based in Amarillo handles Potter and Armstrong County cases, not Randall's. People arrested in the county are held at the Sheriff's jail on South Georgia Street in south Amarillo. If the arrest was recent, look at the county inmate lookup to find out who is being held.
- Randall County Justice Center (47th, 181st and 251st District Courts; County Courts at Law No. 1 and No. 2), 2309 Russell Long Boulevard, Canyon, TX 79015; District Clerk (Suite 110) (806) 468-5600, County Clerk (Suite 101) (806) 468-5505
- Randall County Judge (constitutional county court), 501 16th Street, Suite 303, Canyon, TX 79015, (806) 468-5500
- Randall County Criminal District Attorney (misdemeanors and felonies), Canyon, (806) 468-5570
- Randall County Jail (Randall County Sheriff's Office), 9100 S. Georgia Street, Amarillo, TX 79118, (806) 468-5800
- Youth Center of the High Plains (juvenile detention), 9300 S. Georgia Street, Amarillo, TX 79118, (806) 468-5708
Which court hears your case. A Class C misdemeanor, meaning a fine-only offense such as a traffic violation, public intoxication, theft below $100 or an assault that causes no injury, goes to the Justice of the Peace court for the precinct (Precinct 1 in Canyon or Precinct 4 in south Amarillo) or to a municipal court when city police write it inside the limits of Canyon, Amarillo, Lake Tanglewood, Timbercreek Canyon or Palisades. Class A and B misdemeanors, such as a first DWI, are filed in County Court at Law No. 1 or County Court at Law No. 2. A felony begins with magistrate warnings and a bond setting; after a Randall County grand jury indicts, the case is heard in the 47th, 181st or 251st District Court. The district judges divide their weeks between the Randall County Justice Center in Canyon and the Potter County courts in downtown Amarillo.
Where pretrial inmates are held. Adults arrested in Randall County, generally including arrests by Amarillo police on the Randall County side of the city, are booked into the Randall County Jail at 9100 S. Georgia Street, next to the Sheriff's Office. Texas Commission on Jail Standards reports give the jail a capacity of roughly 450, and it has housed prisoners for other agencies under contract. Call (806) 468-5800 to confirm custody, charges, bond amounts and visitation rules.
1. Local courts in Randall County (justice of the peace, municipal and county courts)
Randall County's justice courts are organized into two precincts. Precinct 1 sits in Canyon, while Precinct 4, which covers the busy southern Amarillo area, has two justices (places 1 and 2) working out of the county annex on South Western Street. The justices also take turns as magistrates for people booked into the jail, where they set bail and issue protective orders.
Justice of the Peace courts
- Justice of the Peace, Precinct 1, 501 16th Street, Suite 307, Canyon, TX 79015, (806) 468-5606
- Justice of the Peace, Precinct 4, Place 1, Randall County Annex, 4320 S. Western Street, Suite 102, Amarillo, TX 79109, (806) 468-5658
- Justice of the Peace, Precinct 4, Place 2, Randall County Annex, 4320 S. Western Street, Amarillo, TX 79109, (806) 468-5659
Municipal courts
- Canyon Municipal Court, 301 16th Street, Canyon, TX 79015, (806) 655-5023
- Lake Tanglewood Municipal Court, 1000 Tanglewood Drive, Lake Tanglewood (Amarillo, TX 79118), (806) 622-8711
- Timbercreek Canyon Municipal Court, P.O. Box 21144, Amarillo, TX 79109, (806) 359-1808
- Village of Palisades Municipal Court, P.O. Box 21144, Amarillo, TX 79114, (806) 359-1808
- Amarillo Municipal Court, which sits in downtown Amarillo in Potter County, also hears city tickets written by Amarillo police in the Randall County part of town; the court date and contact number are printed on the citation.
County courts
- Randall County Court at Law No. 1, Randall County Justice Center, 2309 Russell Long Boulevard, Canyon, TX 79015; County Clerk (806) 468-5505
- Randall County Court at Law No. 2, same building and clerk
- Randall County Court (County Judge), 501 16th Street, Suite 303, Canyon, TX 79015, (806) 468-5500; in Randall County the courts at law, rather than the County Judge, carry the criminal misdemeanor docket
Timbercreek Canyon and Palisades share a mailing address and phone line, and their courts meet only occasionally. For any Class C citation, a person may pay, ask about deferred disposition or a driving safety course, or plead not guilty and request a bench or jury trial. The deadline to appeal a justice or municipal court conviction to a county court at law is short, generally 10 days from the judgment.
2. Courthouses and court buildings in Randall County
Most criminal hearings in Randall County happen in Canyon, about 17 miles south of downtown Amarillo, so people who live in Amarillo should plan the drive into their schedule.
- Randall County Justice Center, 2309 Russell Long Boulevard, Canyon. This building houses the district courtrooms used by the 47th, 181st and 251st District Courts when they sit for Randall County, the two county courts at law, the District Clerk ((806) 468-5600) and the County Clerk ((806) 468-5505). Felony and misdemeanor files, bond paperwork and court settings are handled here.
- Randall County Courthouse area, downtown Canyon, 501 16th Street. The County Judge's office and the Precinct 1 justice court are here.
- Randall County Annex, 4320 S. Western Street, Amarillo. Home of the Precinct 4 justice court, which takes most traffic and Class C cases from south Amarillo.
- Randall County Jail, 9100 S. Georgia Street, Amarillo. Many first appearances before a magistrate take place at or by video from the jail rather than in a courtroom.
Because the three district judges also preside in Potter County, a Randall County felony may occasionally be heard in Amarillo; the District Clerk can confirm the courtroom for a given setting. Expect security screening at the Justice Center, and bring the cause number when calling either clerk.
3. What happens after an arrest in Randall County
The first day or two after an arrest in Randall County follows a predictable sequence.
- Booking. Whether the arrest is by the Sheriff's Office, Canyon police, Amarillo police, the West Texas A&M University police or a state trooper, the person is brought to the Randall County Jail on South Georgia Street. Staff record personal information, take fingerprints and photographs, inventory property and run warrant checks.
- Magistration. Under article 15.17 of the Code of Criminal Procedure, a magistrate must see the person within 48 hours. In Randall County a justice of the peace usually handles this, often by video from the jail. The magistrate explains the charges and the right to remain silent, asks whether the person wants a lawyer appointed and sets bail.
- Bail decision. The magistrate reviews the statewide public safety report required by the 2021 Damon Allen Act, which includes criminal history. Options are a cash bond, a surety bond through a licensed bondsman or a personal bond with conditions. A person charged with a violent offense cannot get a personal bond, and some can be held with no bail under the 2025 constitutional amendment.
- Protective orders. In family-violence, stalking and sexual-assault cases the magistrate may issue an emergency protective order that bars contact and can require the person to stay away from a home, even after release.
- Release. After bond is posted and any conditions are set, the jail releases the person with a first court date, which is often several weeks out because the prosecutor must first review the case and file it.
Family members trying to help should call the jail at (806) 468-5800 with the person's full name and date of birth. The jail can usually say whether the person has seen a magistrate and what the bond amount is.
4. The Randall County Jail
The Randall County Jail is run by the Randall County Sheriff and stands at 9100 S. Georgia Street, in the southern part of Amarillo that lies within Randall County. It holds pretrial defendants, people serving county jail sentences, and people awaiting transfer to state prison.
- Size. State reports place its capacity at roughly 450 beds, and in recent years a substantial share of the population has been contract inmates held for other jurisdictions.
- Contacting the jail. Call (806) 468-5800 for custody status, bond information, property release and visitation. Ask about the approved methods for depositing money into an inmate's account and the rules for mail.
- Posting bond. Cash bonds can be paid at the jail; for a surety bond, the family works with a licensed bail bondsman, who typically charges a nonrefundable fee of about 10 to 15 percent of the bond.
- Federal detainees. Some people charged in the federal court in Amarillo may be held in Randall County or Potter County under agreements with the U.S. Marshals Service.
Arrests made in the Potter County part of Amarillo, which includes downtown and most of the north side, generally go to the Potter County jail instead. If someone was picked up in Amarillo and is not in the Randall County Jail, it is worth checking Potter County.
5. Appointed lawyers in Randall County
Randall County provides lawyers to people who cannot afford one through its indigent defense plan, which the district courts and county courts at law adopt and report to the Texas Indigent Defense Commission. Under the plan, the judges appoint private criminal defense attorneys from approved lists for felonies and jailable misdemeanors.
- How to ask. Request a lawyer when the magistrate gives warnings at the jail, and fill out the financial affidavit truthfully. The request must be ruled on within a few working days for a jailed defendant.
- If released first. A person who posted bond without asking for a lawyer can still apply. For a misdemeanor, contact the County Clerk's criminal division at (806) 468-5505; for a felony, call the District Clerk at (806) 468-5600 and ask how to reach the court's indigent defense coordinator.
- Capital cases. Specially qualified counsel are appointed, and the county may draw on a regional capital defense program.
- Cost. A judge can order a defendant who later becomes able to pay to reimburse some of the cost, but no one should go without a lawyer for fear of this.
6. Randall County Criminal District Attorney and diversion
The Randall County Criminal District Attorney's Office in Canyon prosecutes every level of state criminal case in the county, from Class B misdemeanors to capital murder, and handles juvenile prosecutions as well. The main number is (806) 468-5570.
Charging decisions
After an arrest, officers send the case file to the office, which decides whether to file it, reduce it or decline it. Misdemeanors are filed by information in a county court at law; felonies are presented to the grand jury, which meets in Canyon on a rotating schedule.
Diversion and alternatives
Prosecutors in Randall County, like those in many Texas counties, may offer pretrial diversion to some first-time defendants charged with lower-level offenses. Diversion usually requires an agreement, a fee, classes or community service and a supervision period, after which the charge is dismissed and may be eligible for expunction. DWI defendants are generally not offered straight diversion, but deferred adjudication and probation with an ignition interlock are common. Ask defense counsel whether a program fits the case, because eligibility is set by the prosecutor's policies and can change.
Victims
The office's victim assistance staff explain court dates, help with crime victims' compensation applications and arrange for victim impact statements at sentencing.
7. Specialty courts serving Randall County
Specialty courts trade close supervision and treatment for a reduced charge, dismissal or shorter sentence. Programs in the Amarillo area have included drug court, DWI court and veterans treatment court models, and some serve both Potter and Randall counties.
- Drug court: for defendants whose felony charges stem from substance use; frequent testing, treatment and regular appearances before the judge.
- DWI court: for repeat or high-BAC drivers, combining treatment, monitoring devices and judicial review.
- Veterans treatment court: for former service members whose offenses relate to service-connected conditions, with mentors and VA coordination.
- Mental health docket: for defendants with serious mental illness, linking them with community treatment through the local mental health authority.
Admission is not automatic. The prosecutor, the judge and program staff screen applicants, and a defendant typically must plead guilty or agree to conditions first. A defense lawyer can ask which programs currently accept Randall County cases.
8. Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
Class A and B misdemeanors in Randall County are prosecuted by the Criminal District Attorney and heard in County Court at Law No. 1 or No. 2 at the Justice Center in Canyon.
From arrest to first setting
After booking at the Randall County Jail, the person sees a magistrate within 48 hours, who sets bail and asks about appointed counsel. Many misdemeanor defendants are released on a surety or cash bond within a day; some receive a personal bond with conditions such as alcohol monitoring after a DWI arrest. Someone who stays in jail is generally entitled to release on a personal bond or a reduced amount if the State is not ready for trial within 30 days on a Class A or 15 days on a Class B.
In the county court at law
The prosecutor files an information, and the defendant is set for an arraignment or first docket. People who cannot afford a lawyer receive appointed counsel under the county's indigent defense plan; ask the magistrate or call the County Clerk at (806) 468-5505. Cases are typically reset several times while discovery is exchanged and offers are discussed. A jury trial uses six jurors.
Typical charges and penalties
- Theft: Class B when the value is $100 to $750 (up to 180 days in jail, $2,000 fine); Class A when it is $750 to $2,500 (up to one year, $4,000). Shoplifting from south Amarillo stores makes up a steady share of the docket.
- Assault causing bodily injury: Class A. A family-violence finding can bar firearm possession and raises a later offense to a felony.
- Criminal trespass: Class B in most cases, or Class A at a habitation or when the person carries a deadly weapon.
- First DWI: Class B, 72 hours to 180 days and up to $3,000; Class A when the alcohol concentration is 0.15 or more; with an open container the minimum is 6 days. A separate Administrative License Revocation case can suspend the license, a DWI education class is required on probation and the judge may order an ignition interlock.
Results in the courts at law run from dismissal or diversion through deferred adjudication, probation, fines and jail time. A successful deferred adjudication can often be followed by an order of nondisclosure that keeps the record from most employers. Most misdemeanors here resolve within two to six months.
9. Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
A felony arrest in Randall County generally follows these steps:
- Jail and magistrate. Booking at the Randall County Jail, then article 15.17 warnings before a magistrate within 48 hours, a review of the public safety report and a bond setting with any conditions.
- Counsel. If the defendant asks for and qualifies for appointed counsel, the district court assigns a private attorney from its felony list. The District Clerk is at (806) 468-5600.
- Grand jury. The Criminal District Attorney presents the case to a Randall County grand jury, which can indict, reduce the charge or decline (no-bill). If the defendant is jailed and the State is not ready for trial within 90 days, the court generally must release the person on a personal bond or reduce bail, with exceptions for violent charges.
- Arraignment and pretrial. After indictment the case goes to the 47th, 181st or 251st District Court for arraignment, discovery and plea negotiations, usually over several settings.
- Plea or trial. Most cases resolve by plea. A trial uses a 12-person jury that must be unanimous; the defendant can choose whether the judge or the jury sets punishment.
Penalty ranges
- State jail felony: 180 days to 2 years in a state jail facility; this level covers theft from $2,500 up to $30,000 and possession of under one gram of a Penalty Group 1 drug.
- Third degree: 2 to 10 years in prison, for example possession of 1 to 4 grams of methamphetamine.
- Second degree: 2 to 20 years. Burglary of a habitation and aggravated assault with a deadly weapon usually fall here.
- First degree: 5 to 99 years or life, as with larger-quantity drug delivery. Fines of up to $10,000 are possible at each level.
Prior felony convictions can enhance the range, up to 25 years to life for a habitual offender. Deferred adjudication or probation is a frequent offer for someone with no prior record. Prison parole eligibility is generally at about one-fourth of the sentence; for "3g" offenses it is one-half, and never less than two years. A Randall County felony commonly takes six to eighteen months.
10. Violent felony (for example, murder, sexual assault, aggravated robbery)
Violent felony cases in Randall County are handled by experienced prosecutors in the Criminal District Attorney's Office and set in one of the three district courts. Personal bonds are prohibited for these charges, the bail is typically set very high and, under the 2025 constitutional amendment approved by Texas voters, a judge may deny bail altogether in some violent-crime cases, so many defendants remain in the Randall County Jail until trial.
- Capital murder: life without parole, or a death sentence when the Criminal District Attorney seeks it and a jury returns that verdict.
- Murder: first-degree felony, from 5 years up to 99 years or life; sudden passion can reduce the range to second degree at sentencing.
- Sexual assault: second-degree felony. Aggravated sexual assault: first-degree felony, with a 25-year minimum when the victim is under 6, or under 14 with aggravating factors.
- Aggravated robbery: first-degree felony; as a "3g" offense, parole cannot be considered until half the sentence is served.
Appointed attorneys in these cases must meet the higher qualification standards in the county's plan, and capital defendants receive two qualified lawyers. Cases often involve forensic evidence from the Texas Department of Public Safety crime laboratory and testimony from forensic interviewers at child advocacy centers. Victims and their families are entitled under article I, section 30 of the Texas Constitution to be informed, to be present and to give an impact statement. Such cases in Canyon usually take one to three years to finish.
11. Juveniles (under 17) arrested in Randall County
In Texas the juvenile system covers children who were at least 10 and younger than 17 when the alleged offense took place; a 17-year-old charged in Randall County goes through adult court. The Randall County Juvenile Board designates the juvenile court, and juvenile cases here are typically heard by one of the county courts at law sitting as juvenile court.
Intake and probation. A youth taken into custody is brought to the Youth Center of the High Plains at 9300 S. Georgia Street, (806) 468-5708, where Randall County juvenile probation staff conduct intake. They notify parents, screen the case and decide whether the child can go home, should receive supervisory caution or informal handling, or should be referred to the Criminal District Attorney, which files juvenile petitions in Randall County.
Detention hearing. A child kept in detention must have a hearing before the juvenile judge within two working days. The judge decides whether the child can be released to a parent, perhaps with conditions such as electronic monitoring, or must stay detained, and the question is reviewed every 10 working days while detention continues.
Possible outcomes. Many first referrals end in deferred prosecution, a period of supervision of up to six months (sometimes extended) that leads to dismissal. After an adjudication, the court can order probation at home or in a residential placement, or commit the youth to the Texas Juvenile Justice Department (TJJD). Serious offenses may be prosecuted under determinate sentencing, which allows a sentence of up to 40 years that begins with TJJD and can continue in adult prison.
Certification as an adult. The juvenile court may waive its jurisdiction and transfer a case to district court after a hearing and diagnostic study. This is generally limited to youths at least 14 at the time of a capital felony, a first-degree felony or certain aggravated controlled substance felonies, and at least 15 for other felonies. A child always has the right to counsel, at county expense when the family cannot pay. Juvenile records are confidential and many can be sealed, some automatically, once the person turns 19 and meets the requirements.
12. Federal cases (U.S. District Court) from Randall County
Federal crimes from Randall County are prosecuted in the Northern District of Texas, Amarillo Division, a division of 26 Panhandle counties whose court sits in downtown Amarillo.
- U.S. District Court, Amarillo Division, 205 SE Fifth Avenue, Room 133, Amarillo, TX 79101, (806) 468-3800
- U.S. Attorney's Office, Amarillo branch, 500 South Taylor St., Suite 300 (Amarillo National Plaza Two), Amarillo, TX 79101, (806) 324-2356
- The Federal Public Defender for the Northern District of Texas has an Amarillo office; the court can also appoint a Criminal Justice Act panel lawyer.
What becomes a federal case. Most arrests in Randall County stay in state court. Federal charges usually come from investigations by the DEA, FBI, ATF, Homeland Security Investigations or Postal Inspectors and typically involve drug trafficking along Interstate 40 and Interstate 27, firearms possession by prohibited persons, child pornography, bank robbery and fraud. Joint task forces with Amarillo and Randall County officers can send a case either way.
Initial appearance and release. After a federal arrest, the defendant appears before a U.S. magistrate judge in Amarillo, is told the charges and gets appointed counsel if needed. If the government moves for detention, a hearing is generally held within three court days. The state bail system does not apply here; under the federal Bail Reform Act, the judge either releases the defendant on conditions monitored by U.S. Pretrial Services or orders detention when no conditions would ensure appearance and community safety.
Through sentencing. A case begun by complaint must be indicted within 30 days. The Speedy Trial Act calls for trial within 70 days of indictment, though continuances are routine in complex cases. About nine in ten federal defendants plead guilty; trials use a unanimous 12-member jury. U.S. Probation then writes a presentence report, and the judge considers the advisory Sentencing Guidelines and any statutory mandatory minimum. Federal prisoners are not paroled; with good-conduct credit they serve at least about 85 percent of the term in the Bureau of Prisons and then begin supervised release. Appeals go to the Fifth Circuit.
Searching for a federal prisoner. The Federal Bureau of Prisons inmate locator searches by name or by register number. A defendant awaiting trial in a county jail under a Marshals Service agreement may also appear on the roster of that county's jail. Prosecution of juveniles in federal court is rare.
This guide is a general description of how criminal cases proceed in Randall County, not legal advice for any particular case. Court dates and procedures change, so check with the clerk. Anyone who cannot afford a lawyer should ask the magistrate for appointed counsel, or call the County Clerk at (806) 468-5505 on a misdemeanor or the District Clerk at (806) 468-5600 on a felony to reach the court's appointment coordinator.
Criminal Court Process for Randall County Texas
Randall 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 Randall 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, Randall 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 Randall 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 Randall 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, Randall County or a city or town. The prosecuting attorney for Randall 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 Randall 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 Randall 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 Randall 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.
