Taylor County Juvenile Justice Center Criminal Court Process
Criminal Court Process for Taylor County Texas
Taylor County's seat is Abilene, the largest city in the Big Country, and its criminal courts are grouped downtown around Oak and Pecan streets. Class C cases go to five justice of the peace courts and to the Abilene, Merkel and Tye municipal courts; Class A and B misdemeanors are heard by County Court at Law No. 1 and County Court at Law No. 2; and felonies go to the 42nd, 104th, 326th and 350th District Courts. Unlike most counties, Taylor County has a single Criminal District Attorney who prosecutes both misdemeanors and felonies. Adults are booked into the Sheriff's Taylor County Adult Detention Center on South 27th Street.
- Taylor County Courthouse (District Clerk; 42nd, 104th, 326th and 350th District Courts; County Courts at Law), 300 Oak St., Abilene, TX 79602; District Clerk (Suite 400) (325) 674-1316; county courts (Suite 100) (325) 674-1202
- Taylor County Criminal District Attorney (misdemeanors and felonies), 300 Oak St., Suite 300, Abilene, TX 79602, (325) 674-1261
- Taylor County Indigent Defense (court-appointed counsel), 300 Oak St., Suite 504, Abilene, TX 79602, (325) 738-8541
- Taylor County Sheriff's Office, 450 Pecan St., Abilene, TX 79602, (325) 674-1300
- Taylor County Adult Detention Center, 910 S. 27th St., Abilene, TX 79602, (325) 691-7423
- Taylor County Juvenile Justice Center (juvenile probation), 889 S. 25th St., Abilene, TX 79602, (325) 691-7462
Which court hears your case. Class C misdemeanors, the fine-only offenses such as speeding, public intoxication, theft under $100 and assault by contact with no injury, are filed in the Justice of the Peace court for the precinct where the offense occurred, or in the Abilene, Merkel or Tye Municipal Court when city police issue the citation inside city limits. Class A and B misdemeanors, a first DWI among them, are tried in County Court at Law No. 1 or County Court at Law No. 2; the constitutional County Court, led by the County Judge, mostly handles administrative and probate work. A felony starts with magistrate warnings at the jail; after a Taylor County grand jury indicts, the case is assigned to the 42nd (which also serves Callahan and Coleman counties), 104th or 350th District Court, while the 326th District Court concentrates on family and juvenile matters.
Where pretrial inmates are held. The Taylor County Sheriff runs the Taylor County Adult Detention Center at 910 S. 27th St. in Abilene, the jail where nearly everyone arrested in the county is booked and where defendants who cannot make bail wait for court. The Texas Commission on Jail Standards lists its capacity at 874 beds; in January 2022 it held about 628 people. Call (325) 691-7423 for jail information or the Sheriff's Office at (325) 674-1300.
- Local courts in Taylor County (justice of the peace, municipal and county courts)
- Courthouses and court offices in Abilene
- What happens after an arrest in Taylor County
- The Taylor County Adult Detention Center
- Appointed lawyers and indigent defense
- The Criminal District Attorney and diversion
- Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
- Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
- Violent felony (for example, murder, sexual assault, aggravated robbery)
- Juveniles (under 17) arrested in Taylor County
- Federal cases (U.S. District Court) from Taylor County
Local courts in Taylor County (justice of the peace, municipal and county courts)
Taylor County is divided into four justice precincts, and Precinct 1 in Abilene has two places, for five justices of the peace in all. The justices also take turns as magistrates for people booked into the jail, reading warnings and setting bond. Three cities operate municipal courts.
Justice of the Peace courts
- Justice of the Peace, Precinct 1, Place 1, 450 Pecan St., Suite 110, Abilene, TX 79602, (325) 674-1338
- Justice of the Peace, Precinct 1, Place 2, 450 Pecan St., Suite 120, Abilene, TX 79602, (325) 674-1267
- Justice of the Peace, Precinct 2, 301 Kent St., Merkel (mail: P.O. Box 225, Merkel, TX 79536), (325) 928-5114
- Justice of the Peace, Precinct 3, 442 Graham St., Tuscola, TX 79562, (325) 554-7893
- Justice of the Peace, Precinct 4, 155 Main St. (P.O. Box 5), Lawn, TX 79530, (325) 583-2341
Municipal courts
- Abilene Municipal Court, 555 Walnut St., Abilene, TX 79601 (mail: P.O. Box 60, Abilene, TX 79604), (325) 676-6333
- Merkel Municipal Court, 100 Kent St., Merkel, TX 79536, (325) 928-4911
- Tye Municipal Court, P.O. Box 369, Tye, TX 79563, (325) 692-9581
Buffalo Gap, Impact, Lawn, Trent and Tuscola are small towns whose Class C citations are generally filed with the justice of the peace for that precinct. A small part of Abilene lies in Jones County; a ticket written there by Abilene police still goes to the Abilene Municipal Court.
County courts
- Taylor County Court at Law No. 1 (Class A and B misdemeanors and appeals from justice and municipal courts), Taylor County Courthouse, 300 Oak St., Suite 100, Abilene, TX 79602, (325) 674-1202
- Taylor County Court at Law No. 2 (Class A and B misdemeanors), 300 Oak St., Suite 100, Abilene, TX 79602, (325) 674-1202
- Taylor County Court (constitutional county court, County Judge), 300 Oak St., Abilene, TX 79602, (325) 674-1202
The Abilene Municipal Court carries the county's largest Class C docket, including city ordinance violations and traffic cases from Interstate 20 and the Winters Freeway inside city limits. Defendants can usually pay online or in person, ask for a driving safety course or deferred disposition, or plead not guilty and set a trial. An unpaid ticket can lead to a warrant and a hold on driver's license renewal. Appeals from a justice or municipal court are generally heard as new trials in a county court at law.
Courthouses and court offices in Abilene
Most criminal business in Taylor County happens within a few blocks of downtown Abilene. Knowing which building to go to saves time, because the jail, the courthouse and the justice courts are at different addresses.
- Taylor County Courthouse, 300 Oak St. Home to the four district courts, both county courts at law, the District Clerk (Suite 400, (325) 674-1316), the Criminal District Attorney (Suite 300) and the indigent defense office (Suite 504). The 326th District Court is in Suite 403, (325) 674-1325.
- 450 Pecan St. The Sheriff's Office and the Precinct 1 justice courts and constable.
- Taylor County Adult Detention Center, 910 S. 27th St. Booking, magistration, visitation and release.
- Abilene Municipal Court, 555 Walnut St. City Class C cases.
- Juvenile Justice Center, 889 S. 25th St. Juvenile probation and intake.
Felony records are kept by the District Clerk, and misdemeanor records by the County Clerk's office at the courthouse. Bring a photo ID, expect security screening, and check the courtroom and time on the notice; settings in the district courts are often scheduled in large morning dockets.
What happens after an arrest in Taylor County
Whether the arrest is made by Abilene police, Taylor County deputies, Abilene Christian or Hardin-Simmons campus police, or state troopers, an adult arrested on a Class B or higher charge is taken to the Taylor County Adult Detention Center.
- Booking. Jail staff record personal information, take fingerprints and photographs, inventory property and run warrant checks. A Class C arrest may end with a citation or a short stay until a magistrate sees the person.
- Magistration. Within 48 hours, and usually much sooner, a justice of the peace or other magistrate gives the article 15.17 warnings, explains the right to remain silent and the right to a lawyer, and asks whether the person wants appointed counsel.
- Release terms. The magistrate reviews a public safety report covering criminal history and sets bail and any conditions. Release may be by cash, by a surety bond through a licensed bondsman, or by personal bond. Family-violence arrests often bring an emergency protective order.
- Request for counsel. A request made at magistration is passed to the indigent defense office, which processes the financial affidavit so a lawyer can be appointed.
- Charging. The Criminal District Attorney's office reviews the case and files an information for a misdemeanor or presents a felony to the grand jury.
Bond conditions can include no contact with an alleged victim, an ignition interlock in DWI cases, GPS monitoring or regular reporting. Violating a condition can lead to re-arrest and a higher bond.
The Taylor County Adult Detention Center
The Taylor County Adult Detention Center, 910 S. 27th St., Abilene, TX 79602, (325) 691-7423, is the county's adult jail, run by the Sheriff under the supervision of a chief jail administrator. With a capacity of 874 according to state jail standards figures, it holds people awaiting trial on misdemeanors and felonies, people serving county jail sentences, and some held for other agencies.
Families commonly want to know three things. First, whether the person is in custody and on what charge: call the jail or check its inmate list. Second, the bond amount and how to post it: the jail can tell you the amount once a magistrate has set it, and a bondsman or the jail can explain the paperwork. Third, how to visit, add money or send mail: the jail sets its own rules and schedules, which change, so call ahead.
Defendants with mental health needs may be screened at booking and referred to services, and the magistrate can order an assessment. Someone who is transferred to state prison after sentencing will move from the jail to the Texas Department of Criminal Justice, typically within weeks.
Appointed lawyers and indigent defense
Taylor County provides lawyers to defendants who cannot afford one through the county's indigent defense plan, adopted by the district and county court judges and filed with the Texas Indigent Defense Commission. The county's Indigent Defense office at 300 Oak St., Suite 504, (325) 738-8541, receives the requests and financial information, and qualifying defendants are assigned private attorneys from approved appointment lists.
- When to ask. At magistration, or later by contacting the indigent defense office or the court. A jailed defendant who requests counsel must generally have a lawyer appointed within a few working days.
- Who qualifies. The judges look at income, household size, assets and the cost of hiring a lawyer for the type of charge. Someone who is released on bond can still qualify.
- Serious cases. Lawyers on felony and violent cases must meet higher experience requirements; capital cases in this region may be handled by a regional public defender for capital cases.
A defendant can hire a private lawyer at any time. Ask the court, not the jail, about changing appointed counsel, and keep the lawyer informed of any new address or phone number.
The Criminal District Attorney and diversion
The Taylor County Criminal District Attorney, 300 Oak St., Suite 300, Abilene, TX 79602, (325) 674-1261, handles every level of state criminal case in the county except Class C offenses in the justice and municipal courts. The office screens arrests, files misdemeanor informations, presents felonies to the grand jury, handles juvenile petitions and represents the State at trial and on appeal.
Prosecutors have several ways to resolve a case short of a conviction:
- Pretrial diversion. For some first-time, nonviolent defendants, prosecution is set aside while the person completes conditions such as classes, community service and restitution; the case is dismissed on completion, and the arrest may later be expunged.
- Deferred adjudication. The defendant pleads guilty or no contest, the judge defers a finding of guilt and places the person on community supervision, and the case is dismissed if supervision is completed.
- Specialty court programs. Treatment-oriented dockets for drug, DWI, veterans or mental health cases operate in many Texas counties of this size; ask the defense lawyer or the court whether one is open to a particular case in Taylor County.
Eligibility for any of these depends on the charge, the defendant's history and the victim's views, and bail conditions usually continue while a diversion case is pending. Victims can reach the office's victim services staff through the main number.
Misdemeanor (for example, theft, a first DWI, assault causing bodily injury, criminal trespass)
A Class A or B arrest in Taylor County is booked at the Taylor County Adult Detention Center, where a magistrate sees the defendant within 48 hours.
Release before trial
The magistrate sets bail using the public safety report. Many misdemeanor defendants are released quickly on a surety or cash bond, and some receive personal bonds. If the State is not ready for trial, a jailed defendant is generally entitled to release on personal bond or reduced bail after 30 days on a Class A or 15 days on a Class B.
Court at Law settings
The Criminal District Attorney files the case in County Court at Law No. 1 or No. 2. The first setting is usually an arraignment or announcement docket, where appointed counsel is confirmed (requests go to the indigent defense office, (325) 738-8541) and plea offers are discussed. Later settings cover motions, plea agreements and, if needed, a six-person jury trial.
Typical charges and ranges
- Theft: $100 to $750 is Class B, with a maximum of 180 days and $2,000; $750 to $2,500 is Class A, with a maximum of one year and $4,000. Retail theft from Abilene stores makes up much of this docket.
- Assault causing bodily injury: Class A; when the case involves a family member, household member or dating partner, a family-violence finding has long-term effects on gun rights and future charges.
- Criminal trespass: Class B, raised to Class A for a habitation or when a deadly weapon is carried.
- First DWI: Class B with 72 hours to 180 days in jail and up to a $3,000 fine; Class A at 0.15 or higher. An open container carries a six-day minimum. Expect an administrative license suspension through the separate ALR process, a DWI education class, and possibly an ignition interlock as a bond or probation condition.
Outcomes run from dismissal and diversion through deferred adjudication, probation supervised by the local community supervision department, fines and county jail time. Misdemeanor cases here usually close within two to six months, and some people later qualify for an order of nondisclosure.
Felony (for example, burglary, felony theft, drug possession or delivery, aggravated assault)
Taylor County felonies are presented by the Criminal District Attorney to a county grand jury and assigned after indictment to the 42nd, 104th or 350th District Court.
- Arrest and magistration. Booking takes place at the Taylor County Adult Detention Center. Within 48 hours a magistrate delivers the article 15.17 warnings and, with the public safety report in front of him or her, sets bail.
- Counsel. The indigent defense office handles appointment of a private lawyer for a defendant who qualifies; call (325) 738-8541 or ask at magistration.
- Grand jury. The grand jury decides whether there is probable cause to indict. If a jailed defendant's case is not ready within 90 days, the court generally must allow release on personal bond or a lower amount, except for violent offenses.
- District court settings. After indictment, the case moves through arraignment, discovery, motion hearings and plea discussions. Most cases resolve by agreement.
- Trial. A felony jury has 12 members and must be unanimous. The defendant can elect to have the jury decide punishment.
Felony punishment ranges
- State jail felony: 180 days to two years in a state jail, with probation often available; theft of $2,500 to $30,000 and possession of under a gram of many drugs are common examples.
- Third degree: two to ten years; a third DWI and many weapons charges are third-degree felonies.
- Second degree: two to twenty years, the level for burglary of a habitation and most aggravated assaults.
- First degree: imprisonment from five years to ninety-nine or life, and every felony grade allows a fine of up to $10,000.
Drug cases depend on penalty group and weight. Prior felony convictions can raise the range, up to habitual-offender sentencing of 25 to 99 years or life. Deferred adjudication and probation are widely used for first offenders. Parole eligibility generally comes after one-quarter of the sentence, while "3g" offenses require half with a two-year minimum. Expect six to eighteen months for a typical felony.
Violent felony (for example, murder, sexual assault, aggravated robbery)
Homicides, sexual assaults and armed robberies in Abilene are investigated by the Abilene Police Department, and those in the rest of the county by the Sheriff's Office, sometimes with the Texas Rangers. The Criminal District Attorney's office prosecutes them, and defendants who are not released are held at the Taylor County Adult Detention Center through trial.
Under the 2021 Damon Allen Act, magistrates cannot grant personal bond on violent offenses, and amounts are typically high. Texas voters added a constitutional amendment in 2025 that lets judges deny bail in some violent-crime cases.
- Capital murder: life without parole, or death when the State seeks it and a jury agrees.
- Murder: first degree, punishable by imprisonment of 5 years up to 99 or life; a sudden-passion finding at punishment can reduce it to second degree.
- Sexual assault is second degree, and aggravated sexual assault is first degree, with a 25-year minimum for certain offenses against young children.
- Aggravated robbery, often a robbery with a firearm, is first degree and requires half the sentence before parole eligibility.
Appointed lawyers in serious violent cases must meet heightened state qualifications, and death-penalty cases require specialized capital counsel. Victims have rights under article I, section 30 of the Texas Constitution, including notice of hearings and the chance to give a victim impact statement. Cases like these often take one to three years.
Juveniles (under 17) arrested in Taylor County
Children who were 10 to 16 years old at the time of an offense are handled under the Texas Family Code in juvenile court. At 17, Texas treats a person as an adult for criminal charges.
Juvenile court. The Taylor County juvenile board designates the juvenile court, which is typically the 326th District Court, the county's family-law district court at 300 Oak St., Suite 403, (325) 674-1325, where associate judges also hear juvenile matters.
Intake and prosecution. Taylor County Juvenile Probation, based at the Taylor County Juvenile Justice Center, 889 S. 25th St., Abilene, (325) 691-7462, receives referrals from police and schools, interviews the child and family, and decides whether to resolve a case informally or send it to the Criminal District Attorney, who decides whether to file a petition.
Detention. A child who is not released to a parent is typically held in the county's juvenile detention unit at the Juvenile Justice Center. The judge must hold a detention hearing within two working days of the child's arrival. There is no bail in juvenile court; the judge decides whether release is safe and may impose conditions such as electronic monitoring.
Outcomes. A Taylor County juvenile case may close with deferred prosecution, probation, a residential program, or commitment to the Texas Juvenile Justice Department (TJJD). For certain serious crimes, determinate sentencing allows a sentence that can later be transferred to adult prison.
Certification to adult court. The juvenile court may waive jurisdiction after a hearing, generally only for youths 14 or older charged with a capital felony, a first-degree felony or certain aggravated drug felonies, or 15 or older charged with another felony. Every child in juvenile court has the right to counsel, and the court appoints one when the family's means fall short. Taylor County juvenile files are not public, and a large share of them can eventually be sealed.
Federal cases (U.S. District Court) from Taylor County
Abilene is itself a federal court city. Taylor County is in the Abilene Division of the Northern District of Texas, a 13-county division whose courthouse is on Pine Street downtown.
- U.S. District Clerk, Abilene, 341 Pine St., Room 2008, Abilene, TX 79601, (325) 677-6311
- U.S. Attorney's Office, Abilene, 500 Chestnut St., Suite 601, Abilene, TX 79602, (325) 271-6700
- Federal Public Defender, Northern District of Texas, or a private attorney appointed from the Criminal Justice Act panel
Federal cases from Taylor County commonly involve methamphetamine and fentanyl distribution, firearms offenses, child exploitation, bank robbery, and fraud. Dyess Air Force Base, in Taylor County, brings some cases involving federal property or personnel into federal court as well.
Each defendant first appears before a U.S. magistrate judge, who appoints counsel if needed. Federal courts do not use a commercial bail bond; under the Bail Reform Act the court either releases the person on conditions overseen by Pretrial Services or orders detention following a hearing usually held within three court days. A grand jury indictment is due within 30 days of an arrest on a complaint, and the Speedy Trial Act sets a 70-day trial deadline that is often extended for complex cases. The great majority of defendants plead guilty; at trial, a unanimous 12-person jury decides. After a presentence investigation, the judge weighs the advisory Sentencing Guidelines and any mandatory minimum. Federal inmates are not paroled and serve roughly 85 percent of their sentences in the Bureau of Prisons before supervised release. The Fifth Circuit hears appeals from the Abilene court.
Use the Federal Bureau of Prisons inmate locator to look up a sentenced federal prisoner by name or register number. A person in Marshals custody awaiting trial may be held in a county jail under contract and appear on that jail's roster too. Juveniles are seldom charged federally.
This guide describes the criminal courts and procedures in Taylor County in general terms and is not legal advice. Dockets and policies change, so confirm any court date with the clerk. A person who cannot afford a lawyer can ask the magistrate for one or contact Taylor County Indigent Defense at (325) 738-8541.
Criminal Court Process for Taylor County Texas
Taylor 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 Taylor 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, Taylor 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 Taylor 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 Taylor 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, Taylor County or a city or town. The prosecuting attorney for Taylor 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 Taylor 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 Taylor 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 Taylor 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.