Witchita County Jail Criminal Court Process

Search for an Inmate or Active Arrest Warrant in Wichita County

Criminal Court Process for Wichita County Texas

Wichita Falls is the county seat of Wichita County and the largest city on the Red River between Dallas and Amarillo, and nearly every criminal case filed in the county is heard in the courthouse at 900 Seventh Street. Five justice of the peace courts and the municipal courts of Wichita Falls, Burkburnett, Iowa Park and Electra take Class C cases; County Court at Law No. 1 and County Court at Law No. 2 handle Class A and B misdemeanors; and the 30th, 78th and 89th District Courts, each serving only Wichita County, try felonies. One elected official, the Wichita County Criminal District Attorney, handles prosecution at every level from misdemeanor to capital felony. Adults arrested anywhere in the county are booked by the Wichita County Sheriff, whose detention bureau runs the county's jail facilities in Wichita Falls.

  • Wichita County Courthouse (30th, 78th and 89th District Courts; County Courts at Law No. 1 and No. 2; District Clerk), 900 Seventh Street, Wichita Falls, TX 76301; District Clerk and courts (940) 766-8100, ext. 5
  • Wichita County Criminal District Attorney (felonies and misdemeanors), Wichita County Courthouse, 900 Seventh Street, Wichita Falls, TX 76301; county switchboard (940) 766-8100
  • Court Administrator and Indigent Defense Coordinator (applications for appointed lawyers), 900 Seventh Street, Room 350, Wichita Falls, TX 76301, (940) 766-8100, ext. 8601
  • Wichita County Public Defender's Office, reached through the county switchboard at (940) 766-8100
  • Wichita County Jail (Wichita County Sheriff's Office), Sheriff's Office at 2815 Central Freeway East, Wichita Falls, TX 76302, (940) 766-8170
  • Wichita County Juvenile Probation Department, 510 Lamar Street, Wichita Falls, TX 76301, (940) 766-8225

Which court hears your case. Class C misdemeanors, the fine-only offenses such as speeding, public intoxication, theft of less than $100 and assault by contact without injury, are filed in a Justice of the Peace court (Precinct 1 has two places in Wichita Falls; Precincts 2, 3 and 4 sit in Burkburnett, Iowa Park and Electra) or, when a city officer writes the citation inside city limits, in the municipal court of Wichita Falls, Burkburnett, Iowa Park or Electra. Class A and B misdemeanors, a first DWI included, 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, mainly handles county business. Felonies begin with magistrate warnings and, once a Wichita County grand jury returns an indictment, are assigned to the 30th, 78th or 89th District Court.

Where pretrial inmates are held. The Sheriff's detention bureau holds adults awaiting trial at the Wichita County Jail, which operates as a main jail plus a second, downtown facility near the courthouse, the Wichita County Jail Downtown Facility. People arrested by Wichita Falls police, Burkburnett and Iowa Park officers, deputies and state troopers all end up in the county's custody. Call the Sheriff's Office at (940) 766-8170 to learn which building a person is in and whether a bond has been set.

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

Wichita County is divided into four justice precincts, and the busy Precinct 1 in Wichita Falls has two separate judges, so there are five justice courts in all. Justices of the peace also serve as magistrates for people booked into the jail, which is where many first bail amounts are set.

Justice of the Peace courts

  • Justice of the Peace, Precinct 1, Place 1, 900 Seventh Street, Room 281, Wichita Falls, TX 76301, (940) 766-8141
  • Justice of the Peace, Precinct 1, Place 2, 900 Seventh Street, Room 282, Wichita Falls, TX 76301, (940) 766-8143
  • Justice of the Peace, Precinct 2, 100 W. College Street, Suite 2, Burkburnett, TX 76354, (940) 569-1140
  • Justice of the Peace, Precinct 3, 404 N. Wall Street, Iowa Park, TX 76367, (940) 592-9388
  • Justice of the Peace, Precinct 4, 2023 State Highway 25 North, Electra, TX 76360, (940) 495-2460

Municipal courts

  • Wichita Falls Municipal Court, 611 Bluff Street, Wichita Falls, TX 76301, (940) 761-7880
  • Burkburnett Municipal Court, 501 Sheppard Road, Burkburnett, TX 76354 (sessions in the municipal courtroom at 208 E. Fourth Street), (940) 569-7331
  • Iowa Park Municipal Court, 103 N. Wall Street (P.O. Box 190), Iowa Park, TX 76367 (sessions in the City Council Chambers, 103 E. Cash Street), (940) 213-7133
  • Electra Municipal Court, 103 W. Cleveland Avenue, Electra, TX 76360, (940) 495-3536

County courts

  • Wichita County Court at Law No. 1 (Class A and B misdemeanors), 900 Seventh Street, Room 303, Wichita Falls, TX 76301, (940) 766-8100, ext. 5
  • Wichita County Court at Law No. 2 (Class A and B misdemeanors), 900 Seventh Street, Room 303, Wichita Falls, TX 76301, (940) 766-8100, ext. 5
  • Wichita County Court (constitutional county court, County Judge), 900 Seventh Street, Room 250, Wichita Falls, TX 76301, (940) 766-8100, ext. 1

A Class C defendant can pay the fine, ask for deferred disposition or a driving safety course, or enter a not guilty plea and ask for a trial before the judge or a small jury. Anyone found guilty in a justice or city court may appeal to a county court at law for a fresh trial, but the notice must be filed quickly, normally within 10 days of the judgment. Small towns such as Kamay and Cashion Community generally send citations to the justice court for their precinct.

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What happens after an arrest in Wichita County

Whatever agency makes the arrest, the person is taken to the Wichita County Jail for booking: fingerprints, a photograph, a records check for holds and warrants, and a property inventory. Officers file a probable cause affidavit that a magistrate reviews.

  1. Magistration. Within 48 hours the person must see a magistrate, usually one of the justices of the peace. The magistrate gives the article 15.17 warnings, explains the charge, asks whether the person wants a lawyer appointed and sets bail after reviewing the public safety report the state now requires.
  2. Release options. The choices are a cash bond paid to the jail, a surety bond posted by a licensed bail bondsman, or a personal bond, which is a written promise to appear. Personal bonds are not allowed for many violent charges under the 2021 Damon Allen Act. Family violence arrests usually bring a magistrate's order for emergency protection that keeps the defendant away from the alleged victim.
  3. Request for counsel. A defendant who asks for a lawyer fills out a financial affidavit, and the Court Administrator's office processes the application and sends it to the appointing judge.
  4. Filing. The Criminal District Attorney's Office reviews the officer's report and decides what charge to file, whether to reduce it or whether to decline the case.

A person who cannot post the amount set can ask the court to lower it. If the State is not ready for trial within 90 days on a felony, 30 days on a Class A or 15 days on a Class B, the defendant is generally entitled to release on a personal bond or a reduced amount, although the law makes exceptions for violent offenses.

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The Wichita County jail facilities

The Sheriff's Office is responsible for every adult held before trial in the county. Detainees are housed at the Wichita County Jail and at the Wichita County Jail Downtown Facility, and the Sheriff moves people between buildings for classification, medical needs and court appearances at the courthouse on Seventh Street.

  • Sheriff's Office, 2815 Central Freeway East, Wichita Falls, TX 76302, (940) 766-8170 (business hours Monday through Friday)

The Sheriff posts an inmate roster that lists each person's charges and any bond amounts. Ask the jail staff about visitation, commissary deposits and how to deliver bond paperwork, since procedures can differ between the two facilities. People serving short county jail sentences after a misdemeanor conviction, and people waiting for transfer to a state prison after a felony sentence, are held in the same system as pretrial detainees.

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Public defender and appointed lawyers

Wichita County is one of the Texas counties with its own public defender office, which represents many people who cannot afford a lawyer in county and district court. Cases that the Public Defender's Office cannot take, such as those involving a conflict of interest between co-defendants, are assigned to private attorneys from the court-approved appointment lists under the county's indigent defense plan, which is filed with the Texas Indigent Defense Commission.

The simplest way to get a lawyer is to ask for one at magistration. A family member can also call the Indigent Defense Coordinator in the Court Administrator's office at (940) 766-8100, ext. 8601, to check whether an application has been received and who was appointed. Being released on bail does not take away the right to appointed counsel, although the court may look at the person's income again.

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The Criminal District Attorney, diversion and specialty dockets

Because Wichita County has a Criminal District Attorney, the same office files misdemeanors in the county courts at law and felonies in the three district courts, and it also prosecutes juvenile cases and handles protective orders. Prosecutors make the plea offers, decide which cases go to the grand jury, and run the office's victim assistance program.

Diversion. First-time offenders charged with lower-level crimes may be eligible for pretrial diversion, under which the charge is dismissed after the person completes conditions such as classes, community service and restitution. Eligibility is set by the prosecutor's office, and violent and family-violence cases are usually excluded. Deferred adjudication, which the judge grants after a guilty or no-contest plea, is a separate route that can also avoid a final conviction.

Specialty dockets. Texas counties of this size often run treatment courts for drug addiction, repeat DWI, veterans and people with mental illness. Participants are supervised closely and appear before the judge on a regular schedule, and successful completion usually brings a dismissal or a reduced outcome. Ask the defense lawyer or the Court Administrator which programs currently operate in Wichita County and whether a bond condition can be tied to treatment.

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

Most jailable misdemeanors in Wichita County come from Wichita Falls police arrests for shoplifting, DWI and family disputes. The defendant is booked into the Wichita County Jail, sees a justice of the peace acting as magistrate, and is usually released on bail within a day or two.

How the case moves

Prosecutors file the formal misdemeanor charge, called an information, in one of the two Wichita County courts at law. At the first setting the defendant confirms whether a lawyer has been hired or appointed through the Public Defender's Office or the appointment list (the Indigent Defense Coordinator is at (940) 766-8100, ext. 8601). Later settings are used for discovery, plea negotiations and motions. Six Wichita County residents sit on a misdemeanor jury, and all six have to agree on the verdict.

Penalties

  • Theft: property worth $100 to $750 is a Class B misdemeanor (up to 180 days in jail and a $2,000 fine); between $750 and $2,500 it rises to Class A, punishable by as much as a year in the county jail and a $4,000 fine.
  • Assault causing bodily injury: Class A. If the victim is a family member, household member or dating partner, the judgment carries a family-violence finding that affects firearm rights and future charges.
  • Criminal trespass: Class B in most cases; it climbs to Class A when the property was someone's residence or the accused had a deadly weapon.
  • First DWI: Class B, carrying anywhere from 72 hours to 180 days behind bars plus a fine that can reach $3,000. A blood or breath result of 0.15 or more makes it Class A, and an open container raises the minimum jail time to six days. A driver's license suspension can follow through a separate administrative hearing, and an ignition interlock may be ordered.

Many cases end in dismissal, pretrial diversion, deferred adjudication or probation; others bring a fine or a short jail term. People who complete deferred adjudication on many offenses can petition for an order of nondisclosure that hides the record from most private background checks. A typical Wichita County misdemeanor takes two to six months.

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

Felony cases in Wichita County are spread among the 30th, 78th and 89th District Courts, all housed in the courthouse on Seventh Street and all serving this county alone, so dockets move more regularly than in rural districts where one judge travels.

  1. Booking and magistrate. After booking at the Wichita County Jail, a magistrate gives warnings within 48 hours and sets bail and any conditions, such as drug testing or a GPS monitor.
  2. Lawyer. The defendant asks for appointed counsel at magistration or through the Indigent Defense Coordinator, and the case goes to the Public Defender's Office or an attorney on the felony appointment list.
  3. Grand jury. The Criminal District Attorney presents the case to a Wichita County grand jury, which can indict, reduce the charge or decline to indict (a "no-bill"). A defendant may waive indictment and proceed on an information as part of a plea.
  4. Arraignment and settings. After indictment the case is set before one of the three district judges for arraignment, discovery and plea talks. Most felonies end with a negotiated plea.
  5. Trial. Twelve jurors chosen from Wichita County hear a felony trial and must reach a unanimous verdict. The defendant can ask the jury rather than the judge to decide punishment.

Punishment ranges

  • State jail felony: a state jail term of at least 180 days and at most two years, covering offenses such as theft of $2,500 to $30,000 and possession of under one gram of drugs such as methamphetamine.
  • Third-degree felony: 2 to 10 years in prison.
  • Second-degree felony: 2 to 20 years; the level at which home burglary and the typical aggravated assault are charged.
  • First-degree felony: 5 to 99 years or life. Each felony grade also permits a fine as high as $10,000.

Drug cases depend on the penalty group and weight, and prior felonies can raise the range under the habitual-offender statutes. Probation and deferred adjudication are common for first offenses. Parole eligibility generally comes after about a quarter of the sentence, but aggravated "3g" offenses require half the sentence and at least two years. A felony here usually takes six to eighteen months to resolve.

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

A homicide, sexual assault or armed robbery arrest in Wichita Falls is usually investigated by the police department's detectives or the Sheriff's investigators, sometimes with help from the Texas Rangers. The suspect is held at the Wichita County Jail, and state law bars releasing anyone charged this way on a personal bond. Bail amounts are generally high, and Texas voters approved a 2025 constitutional amendment that lets judges deny bail in some violent-crime cases, so some defendants stay in custody until trial.

  • Capital murder: life without parole or, if the State seeks it and the jury agrees, the death penalty.
  • Murder: punished as a first-degree offense with five to 99 years or a life term; the defense can argue at sentencing that the killing was in sudden passion, which reduces it to second degree.
  • Sexual assault: second-degree felony. Aggravated sexual assault: a first-degree offense, and certain cases involving very young victims carry at least 25 years.
  • Aggravated robbery: first-degree felony with no eligibility for parole until half the sentence is served.

The district court appoints lawyers qualified for serious felonies, often from the Public Defender's Office or the felony list; in a capital case two qualified lawyers must be appointed. These cases involve forensic testing, expert witnesses and frequent continuances, so one to three years is a realistic timeline. Victims have rights under article I, section 30 of the Texas Constitution, including notice of hearings and the chance to speak at sentencing, and the Criminal District Attorney's victim services staff can be reached through the county switchboard at (940) 766-8100.

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Juveniles (under 17) arrested in Wichita County

Texas juvenile courts handle children who were between 10 and 16 years old when the alleged offense took place. A 17-year-old arrested in Wichita Falls is treated as an adult and booked into the adult jail. The Wichita County Juvenile Board designates which local court sits as the juvenile court, typically one of the county courts at law or a district court.

Intake. Police bring a detained youth to the county's juvenile detention center, the Judge Arthur R. Tipps Juvenile Justice Center, where a juvenile probation officer screens the case, contacts parents and decides whether the child may go home. The Wichita County Juvenile Probation Department, 510 Lamar Street, Wichita Falls, is reached at (940) 766-8225. The Criminal District Attorney reviews referrals and files petitions.

Detention hearing. A child kept in custody must see the juvenile judge within two working days. The judge decides whether continued detention is needed, and the child is entitled to a lawyer at that hearing, appointed at county expense when the family cannot pay.

Outcomes. Many first referrals end with deferred prosecution or supervisory caution. After an adjudication, the court can order probation at home or in a residential program, or commit the youth to the Texas Juvenile Justice Department (TJJD). For serious violent and some repeat offenses, determinate sentencing allows a term that can continue into adult prison after age 19.

Certification. The prosecutor can ask the juvenile court to waive jurisdiction and transfer a youth to adult district court, generally only if the child was at least 14 for a capital felony, a first-degree felony or certain aggravated drug felonies, or at least 15 for other felonies, and only after a hearing with a full diagnostic study. Juvenile records are confidential, and many can be sealed after the youth meets the legal requirements.

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

Wichita Falls is the namesake and seat of the Wichita Falls Division of the U.S. District Court for the Northern District of Texas, which takes federal cases from Wichita County and eleven neighboring counties. The federal courtroom on Lamar Street is staffed only when court is in session, and the Fort Worth clerk's office processes every filing for the division.

  • U.S. District Court, Wichita Falls Division, second floor of the federal building at 1000 Lamar Street, Wichita Falls, TX 76301; filings handled by the Fort Worth clerk, (817) 850-6600
  • U.S. Attorney's Office, Northern District of Texas (Wichita Falls cases are covered from Dallas), 1100 Commerce Street, Suite 300, Dallas, TX 75242, (214) 659-8600

How cases become federal. Federal agents such as the FBI, DEA, ATF and Homeland Security Investigations bring cases to federal prosecutors, often in partnership with Wichita Falls police. Common charges include drug trafficking conspiracies, felon-in-possession firearm counts, child exploitation, bank robbery and fraud. Crimes committed on Sheppard Air Force Base, a federal installation in the county, may also be prosecuted in federal court.

First appearance and release. A U.S. magistrate judge informs the defendant of the charge and appoints the Federal Public Defender for the Northern District of Texas or a Criminal Justice Act panel attorney if the person cannot afford a lawyer. Prosecutors who want the defendant held must ask for a detention hearing, which ordinarily takes place within three court days. No commercial bail bondsman is involved in a federal case; under the Bail Reform Act a defendant is either released on conditions overseen by U.S. Pretrial Services or held without release.

From charge to sentence. If the case began with a complaint, an indictment must follow within 30 days, and the Speedy Trial Act sets a 70-day trial clock that judges frequently extend. Guilty pleas resolve the overwhelming share of Wichita Falls Division prosecutions. At trial, all twelve jurors must vote to convict. Before sentencing, U.S. Probation writes a presentence report, and the judge considers the advisory Sentencing Guidelines along with any mandatory minimum. Federal prison has no parole: people generally serve about 85 percent of the term in the Bureau of Prisons and then a period of supervised release. Any appeal goes to the U.S. Court of Appeals for the Fifth Circuit.

Locating someone in federal custody. Type a name or eight-digit register number into the Federal Bureau of Prisons inmate locator. People awaiting a federal trial while housed in a county jail through a U.S. Marshals agreement can also appear on that county's jail roster. Juveniles are seldom charged in the federal system.

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This guide gives a general picture of criminal court procedure in Wichita County and is not legal advice. Court schedules and local rules change, so confirm any date with the clerk at (940) 766-8100. To ask about a public defender or appointed lawyer, request one at magistration or call the Indigent Defense Coordinator at (940) 766-8100, ext. 8601.

Criminal Court Process for Wichita County Texas

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

Texas Criminal Court System - How it Works

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

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

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

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

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

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

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

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

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

FEDERAL COURT

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

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

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

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

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

Courts

WICHITA FALLS MUNICIPAL COURT
611 BLUFF ST
WICHITA FALLS TX, 76301
940-761-7880
CITY OF BURKBURNETT MUNI COURT
101 E COLLEGE ST
BURKBURNETT TX, 76354
940-569-7331

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