Rockwall County Detention Center Criminal Court Process
Criminal Court Process for Rockwall County Texas
Rockwall County is the smallest Texas county by land area but one of the fastest-growing suburbs east of Dallas, and nearly all of its courts sit in the Rockwall County Courthouse on East Yellowjacket Lane in the city of Rockwall, the county seat. Four justice of the peace precincts and five city courts take Class C cases; Class A and B misdemeanors go to the constitutional county court and the Rockwall County Court at Law; and felonies are tried in the 382nd and 439th District Courts, both of which serve Rockwall County alone. The elected Criminal District Attorney prosecutes misdemeanors and felonies alike. Adults arrested anywhere in the county are booked into the Sheriff's detention center on T.L. Townsend Drive.
- Rockwall County Courthouse (382nd and 439th District Courts, District Clerk), 1111 East Yellowjacket Lane, Suite 200, Rockwall, TX 75087, (972) 204-6500
- Rockwall County Clerk (County Court and County Court at Law), 1111 East Yellowjacket Lane, Suite 100, Rockwall, TX 75087, (972) 204-6300
- Rockwall County Criminal District Attorney, Rockwall, (972) 204-6800
- Rockwall County Detention Center (Rockwall County Sheriff's Office), 950 T.L. Townsend Drive, Rockwall, TX 75087, (972) 204-7001
- Rockwall County Juvenile Services, 915 Whitmore Drive, Rockwall, TX 75087, (972) 204-7450
Which court hears your case. Class C misdemeanors are punishable only by a fine: speeding and other moving violations, public intoxication, theft below $100, disorderly conduct and assault by contact or threat without injury. Inside Rockwall, Fate, Heath, McLendon-Chisholm or Royse City, a police officer's citation is returnable to that city's municipal court; a ticket from a deputy or state trooper goes to the Justice of the Peace court for the precinct. Class A and B misdemeanors, including a first DWI, family-violence assault and most thefts under $2,500, are prosecuted in the Rockwall County Court at Law, with the constitutional Rockwall County Court holding concurrent misdemeanor jurisdiction. Felonies begin with magistrate warnings at the jail and, after a grand jury indictment, are assigned to the 382nd District Court or the 439th District Court.
Where pretrial inmates are held. The Rockwall County Sheriff runs the Rockwall County Detention Center at 950 T.L. Townsend Drive, which receives prisoners from deputies, DPS and every city police department in the county. The state's January 2022 count listed it at roughly 243 beds with about four-fifths filled. Anyone who does not post bond remains there until the case ends or a judge changes the release terms. Call (972) 204-7001 for booking and custody information.
- Local courts in Rockwall County (justice of the peace, municipal and county courts)
- What happens after an arrest in Rockwall County
- The Rockwall County Detention Center
- Appointed lawyers in Rockwall County
- The Criminal District Attorney, diversion and specialty dockets
- Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
- Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
- Violent felony (for example, murder, sexual assault, aggravated robbery)
- Juveniles (under 17) arrested in Rockwall County
- Federal cases (U.S. District Court) from Rockwall County
Local courts in Rockwall County (justice of the peace, municipal and county courts)
Unlike rural counties where each justice of the peace works out of a different town, all four Rockwall County justice courts keep offices on the third floor of the courthouse on Yellowjacket Lane. The justices handle Class C citations, eviction and small-claims cases, and they also serve as magistrates who warn arrestees and set bail. Five cities run municipal courts.
Justice of the peace courts (all at 1111 East Yellowjacket Lane, Rockwall, TX 75087)
- Precinct 1 justice court, Suite 301, (972) 204-6740
- Precinct 2 justice court, Suite 302, (972) 204-6730
- Precinct 3 justice court, Suite 303, (972) 204-6720
- Precinct 4 justice court, Suite 304, (972) 204-6710
Municipal courts
- Rockwall Municipal Court, 2860 State Highway 66, Rockwall, TX 75087, (972) 771-7788
- Fate Municipal Court, 1900 C.D. Boren Parkway, Fate, TX 75087, (972) 771-4601
- Heath Municipal Court, 200 Laurence Drive, Heath, TX 75032, (972) 961-4877
- McLendon-Chisholm Municipal Court, 1248 State Highway 205, Rockwall, TX 75032, (972) 524-2077
- Royse City Municipal Court, 100 West Main Street, Royse City, TX 75189, (972) 636-9434
Small slices of Rowlett and Wylie also extend into Rockwall County. Tickets written by those cities' officers are handled by their own municipal courts, which sit in neighboring counties.
County-level courts
- Rockwall County Court at Law (Class A and B misdemeanors, appeals from justice and city courts), County Clerk, Suite 100, 1111 East Yellowjacket Lane, Rockwall, (972) 204-6300
- Rockwall County Court (constitutional county court, County Judge presiding), same courthouse, (972) 204-6300
- 382nd and 439th District Courts (felonies), District Clerk, Suite 200, same courthouse, (972) 204-6500
Several city courts now accept online or phone payments, and many offer deferred disposition or a defensive driving option on traffic tickets if you ask before your court date. A person found guilty in a justice or municipal court that is not a court of record can appeal for a completely new trial in the County Court at Law by filing an appeal bond within ten days.
What happens after an arrest in Rockwall County
Officers from Rockwall, Royse City, Heath, Fate and the other cities, as well as sheriff's deputies and troopers patrolling Interstate 30, take adult arrestees to the Rockwall County Detention Center. Booking includes fingerprints, a photograph, a property inventory, a records check for warrants and holds, and a medical and mental-health screening.
Magistration
Article 15.17 of the Code of Criminal Procedure requires that an arrested person see a magistrate within 48 hours. In Rockwall County the justices of the peace usually handle this duty, often by video from the jail. The magistrate:
- reads the charge and the warnings about the right to remain silent and to have a lawyer;
- asks whether the person wants a court-appointed attorney and has the request forwarded so a decision can be made within the time the law allows;
- reviews the public safety report and sets bail and any conditions, such as no contact with an alleged victim, an ignition interlock in a DWI case, or GPS monitoring;
- in a family-violence arrest, may sign a magistrate's order of emergency protection for the complaining witness.
Ways to get out
Release can come through a cash bond for the full amount, a surety bond written by a licensed bondsman for a nonrefundable fee, or a personal bond that requires only a promise to appear. Personal bonds are barred for defendants charged with violent offenses under the 2021 Damon Allen Act. A lawyer can file a writ or motion asking the trial court to reduce an amount the defendant cannot pay. If the State is not ready for trial within 90 days on a felony, or 30 days on a Class A misdemeanor, a jailed defendant is generally entitled to a personal bond or lower bail, with exceptions for violent charges.
Once released, the defendant receives a first court setting by mail or from the bondsman. Missing it can lead to a forfeited bond, a new warrant and a separate charge of bail jumping.
The Rockwall County Detention Center
The Rockwall County Detention Center at 950 T.L. Townsend Drive is the only adult jail in the county; the city police departments hold people briefly, if at all, before transferring them there. Its population usually runs between about 180 and 220 people, most of them awaiting trial on felony charges. It is inspected by the Texas Commission on Jail Standards.
- Phone: (972) 204-7001, for questions about whether someone is in custody, the charges, and how to post bond.
- Bond: cash and surety bonds can be posted at the jail around the clock; a bondsman will tell you the premium and paperwork.
- Visits and deposits: video visitation and inmate account deposits are handled through the jail's vendor; ask the jail for current rules and hours.
- Medication: families can tell the jail's medical staff about prescriptions; the jail decides what it will dispense.
- Holds: a person with an immigration detainer, a parole warrant or a warrant from another county may stay in custody even after posting bond on the Rockwall charge.
A parole violator arrested in the county may wait there for a hearing before the state parole board. Defendants who are sentenced to county jail serve that time at the same building.
Appointed lawyers in Rockwall County
Rockwall County does not have a public defender office. Instead, its judges appoint private criminal defense lawyers from approved lists under the county's indigent defense plan, which is filed with the Texas Indigent Defense Commission. The Commission sets minimum standards and provides part of the funding.
How to ask
- Tell the magistrate at the jail that you want a lawyer and cannot afford one. You will fill out an affidavit about income, household size and expenses.
- The request goes to the court that will handle the case: the County Court at Law for misdemeanors, the 382nd or 439th District Court for felonies.
- If you qualify, the court appoints counsel, generally within one working day after the request reaches it for a person who is in jail. The lawyer's name and phone appear on the appointment order.
- If you are out on bond, you can still apply through the clerk's office; contact the County Clerk at (972) 204-6300 for misdemeanors or the District Clerk at (972) 204-6500 for felonies.
A person charged only with a fine-only Class C offense has no right to an appointed lawyer, though a judge may appoint one in some situations. In a capital murder case where the State seeks death, appointed counsel must meet stricter qualifications. A judge may order a defendant who later becomes able to pay to reimburse some attorney's fees.
The Criminal District Attorney, diversion and specialty dockets
Rockwall County is one of the Texas counties that elects a Criminal District Attorney rather than splitting the job between a County Attorney and a District Attorney. That office, at (972) 204-6800, screens cases filed by police, takes felonies to the grand jury, prosecutes misdemeanors in the county-level courts, files juvenile petitions and handles protective orders in family-violence cases. The office also employs victim assistance staff who help with crime victims' compensation, case updates and impact statements.
Pretrial diversion
For some first-time defendants, typically in lower-level theft, possession of small amounts of marijuana or similar cases, the prosecutor may offer a pretrial diversion agreement. The defendant agrees to supervision for a set period with conditions such as classes, community service, restitution and drug testing. If everything is completed, the charge is dismissed and the arrest may later be expunged. Diversion is at the prosecutor's discretion; a defense lawyer can ask whether a case is eligible.
DWI and deferred options
Texas law allows deferred adjudication in a first DWI unless the alcohol concentration was 0.15 or higher or the defendant held a commercial license, and a court granting it must require an ignition interlock. Whether a pretrial intervention program for DWI is available depends on current office policy, so ask your attorney. Many DWI defendants instead receive conventional community supervision with a DWI education course, a victim impact panel and an interlock.
Specialty courts
Texas counties may run drug courts, DWI courts, veterans treatment courts and mental health courts with judicial supervision, treatment and frequent check-ins in place of a conventional sentence. Some Rockwall County defendants are referred to programs of this kind, either locally or through regional partnerships. Eligibility usually depends on the charge, criminal history and a clinical assessment. Your lawyer or the probation department can tell you what is currently operating.
Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
A Class A or B arrest in Rockwall County leads to booking at the Rockwall County Detention Center and a magistrate hearing within 48 hours. The justice of the peace on duty sets bail, which in routine misdemeanors is often modest, and may attach conditions. Family-violence arrests frequently come with a no-contact order and, sometimes, an emergency protective order lasting up to several weeks.
Inside the County Court at Law
After the Criminal District Attorney files an information, the case receives an arraignment date in the County Court at Law on Yellowjacket Lane. Expect a series of announcement and pretrial settings while the defense receives discovery, such as body-camera video and, in DWI cases, breath or blood test records. The prosecutor may offer a plea bargain, deferred adjudication, diversion or a dismissal. If the case goes to trial, six jurors hear it and must reach a unanimous verdict; the defendant can elect jury sentencing.
Ranges of punishment
- A Class B conviction allows up to 180 days in the county jail and a fine reaching $2,000.
- A Class A conviction allows up to a year behind bars and a fine as high as $4,000.
- Theft grows from Class B to Class A at $750 and becomes a state jail felony at $2,500.
- A first DWI is Class B: 72 hours to 180 days in jail (six days minimum when an open container was present), a fine up to $3,000, a license suspension that is separate from the administrative suspension for refusing or failing a test, and a DWI education program. At 0.15 or more it becomes Class A.
- Assault causing bodily injury is Class A; a family-violence finding can make a later offense a felony.
- Criminal trespass is generally Class B, and Class A if committed at a residence or while carrying a deadly weapon.
Most Rockwall misdemeanors are resolved in two to six months. Some people who complete deferred adjudication may later petition for an order of nondisclosure that hides the record from most private background checks. Appointed counsel is available for anyone facing possible jail who cannot afford a lawyer; ask at magistration or call the County Clerk at (972) 204-6300.
Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
People arrested on felony charges are held at the Rockwall County Detention Center until bond is posted. Felony bail in Rockwall is set by a magistrate at first and can be revisited by the 382nd or 439th District judge at a bond hearing.
Steps in the case
- Filing and review. Police send the case to the Criminal District Attorney's felony division, which decides whether to present it to a grand jury, reduce it to a misdemeanor or decline it.
- Indictment. A Rockwall County grand jury of twelve citizens meets in secret; nine votes are needed to indict. A defendant may waive indictment, often as part of a plea agreement.
- Arraignment and discovery. The case is assigned to one of the two district courts. Under the Michael Morton Act, the State must produce police reports, statements and other evidence on request.
- Pretrial hearings. Motions to suppress evidence from a traffic stop or search are common in drug and weapons cases along I-30.
- Resolution. Most cases end with a plea bargain or deferred adjudication. At trial, twelve jurors must reach a unanimous verdict, and the defendant may choose whether the judge or jury assesses punishment.
Felony punishment levels
- State jail felony: 180 days to 2 years in a state jail facility. Examples include theft of $2,500 to $30,000 and possession of less than one gram of a Penalty Group 1 drug such as methamphetamine.
- Third degree: a prison term of two years at the least and ten at the most.
- Second degree: 2 to 20 years; burglary of a habitation and aggravated assault are usually here.
- First degree: 5 to 99 years or life, including delivery of large drug quantities.
Whatever the degree, the judge or jury can also impose a fine of as much as $10,000. Repeat-offender enhancements can raise the range by one degree or more, and two prior sequential felony prison terms can trigger a 25-year minimum. Parole eligibility generally arrives after one-quarter of the sentence with good time counted, but "3g" offenses require half, with a two-year floor. Plan on six to eighteen months for a typical felony. Indigent defendants are appointed private counsel; the District Clerk at (972) 204-6500 can confirm who was appointed.
Violent felony (for example, murder, sexual assault, aggravated robbery)
A person accused of a violent felony in Rockwall County is often held at the Rockwall County Detention Center for the life of the case because bail is set high. Texas law bars personal bonds for these charges, and Texas voters approved a 2025 constitutional amendment that lets judges deny bail in some violent-crime cases after a hearing and findings on the record. The 90-day release rule does not apply to most violent offenses.
Penalties
- Capital murder is punished by death or life without parole; Texas has carried out more executions than any other state.
- Murder carries 5 to 99 years or life. A jury can reduce it to a second-degree felony if it finds the killing happened in sudden passion from adequate cause.
- Sexual assault is second degree. Aggravated sexual assault is first degree, and when the victim is younger than six, or younger than fourteen in certain aggravated circumstances, the minimum is 25 years.
- Aggravated robbery, a robbery involving a weapon or serious injury or a vulnerable victim, is first degree.
All of these are 3g offenses for parole purposes, and many require lifetime sex-offender registration or carry a deadly-weapon finding. Investigations may involve the Sheriff's Office, a city police department, the Texas Rangers and forensic laboratories, so a violent case often takes one to three years. Victims have rights under article I, section 30 of the Texas Constitution, including notice of hearings and the chance to give an impact statement. Indigent defendants receive appointed counsel, and in capital cases the court may appoint attorneys through the regional capital public defender program.
Juveniles (under 17) arrested in Rockwall County
In Texas, 17-year-olds are charged as adults. Only children who were between 10 and 16 at the time of the alleged conduct fall under the juvenile justice system, and a 17-year-old arrested in Rockwall County goes to the Rockwall County Detention Center.
Rockwall County Juvenile Services
Juvenile probation intake is handled by Rockwall County Juvenile Services, 915 Whitmore Drive, Rockwall, TX 75087, (972) 204-7450. When police take a child into custody, an intake officer decides whether the child can be released to a parent or must be detained, and whether the referral should be handled informally or sent to the Criminal District Attorney. The prosecutor decides whether to file a petition. The juvenile board designates the juvenile court; in Rockwall County this is typically the County Court at Law or a district court, so confirm the court on the paperwork.
Detention
A detained youth is typically held in a certified juvenile detention facility, which for Rockwall County may be a regional center in North Texas under contract. A detention hearing must be held within two working days, with an appointed lawyer if the family cannot pay. The judge then decides whether the child can safely go home while the case is pending.
Outcomes
- Supervisory caution, or deferred prosecution lasting up to six months (sometimes extended), with a dismissal at the end.
- Adjudication followed by probation with school, counseling and curfew conditions.
- Commitment to the Texas Juvenile Justice Department (TJJD) when the conduct is a felony and other options have not worked.
- A determinate sentence for serious offenses such as aggravated robbery or aggravated sexual assault, which may later transfer to adult prison.
Prosecutors may ask the juvenile court to waive jurisdiction and certify a youth for adult trial; as a rule this is possible at 14 or older for capital felonies, first-degree felonies and certain aggravated controlled substance felonies, and at 15 or older for other felonies. Juvenile records are confidential, and most can be sealed once the youth meets the statutory conditions.
Federal cases (U.S. District Court) from Rockwall County
Federal law places Rockwall County in the Dallas Division of the Northern District of Texas, alongside Dallas, Ellis, Hunt, Johnson, Kaufman and Navarro counties. Federal charges from Rockwall are heard at the federal courthouse on Commerce Street in downtown Dallas.
- Northern District clerk's office in Dallas, Room 1452, 1100 Commerce Street, Dallas, TX 75242, (214) 753-2200
- U.S. Attorney for the Northern District (headquarters), Earle Cabell Federal Building, Suite 300, 1100 Commerce Street, Dallas, TX 75242, (214) 659-8600
- Federal Public Defender, Northern District, Dallas office, or a CJA panel lawyer appointed by the court
When the federal government takes the case
Federal prosecutors from Dallas tend to accept cases from the eastern suburbs involving drug distribution networks, firearms offenses, bank robbery, identity theft and wire fraud, online child exploitation, and immigration crimes such as reentry after removal. Sometimes a case begins in state court and is later picked up federally, and the state charge is then dismissed.
Courtroom process
After arrest by a federal agency, the defendant is brought before a U.S. magistrate judge in Dallas for an initial appearance, where charges are explained and counsel is appointed if needed. The government may move for detention; that hearing is ordinarily held within three court days. Commercial bail bondsmen have no part in federal court. The Bail Reform Act lets the judge release the defendant on conditions monitored by Pretrial Services, such as travel limits, drug testing or location monitoring, or keep the person in custody. A complaint must be followed by an indictment within 30 days, and the Speedy Trial Act sets a 70-day trial clock that judges frequently extend.
About nine in ten federal defendants plead guilty, often under a written plea agreement. A twelve-member jury must agree unanimously at trial. Sentencing comes after the Probation Office prepares a presentence report, with the advisory Guidelines and any statutory mandatory minimum shaping the result. Federal sentences carry no parole; good-conduct credit means a prisoner serves roughly 85 percent before release to supervised release. The Fifth Circuit hears appeals.
Locating a federal defendant
Use the Federal Bureau of Prisons inmate locator with a name or register number to find someone in federal custody. Federal pretrial detainees held in a county jail under a Marshals contract may also be listed on that jail's own roster. The U.S. Attorney in Dallas seldom brings charges against anyone younger than 18.
This page gives a general overview of criminal procedure in Rockwall County and is not legal advice. Laws change and court locations and phone numbers can change too; check with the court before a hearing. If you are charged, consult a criminal defense lawyer. To request an appointed lawyer, tell the magistrate or contact the Rockwall County Clerk at (972) 204-6300 (misdemeanors) or the District Clerk at (972) 204-6500 (felonies).
Criminal Court Process for Rockwall County Texas
Rockwall 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 Rockwall 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, Rockwall 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 Rockwall 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 Rockwall 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, Rockwall County or a city or town. The prosecuting attorney for Rockwall 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 Rockwall 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 Rockwall 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 Rockwall 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.
