Texas Criminal Process

Texas Criminal Process

An arrest in Texas rarely comes with an explanation of what happens next, but having an attorney by your side who knows the next steps is pivotal. 

The Law Offices of Richard C. McConathy guides people through the Texas criminal process, from the first bail hearing to a final resolution.

Call (972) 233-5700 for a free consultation and a clear explanation of where a case stands right now.

Key Takeaways About the Texas Criminal Process

• A Texas criminal case moves through distinct stages, from arrest and bail through arraignment, discovery, and trial or a plea agreement.
• Misdemeanor and felony cases follow different court paths in Texas, and most felony cases require a grand jury indictment before trial.
• The right to remain silent and the right to an attorney apply from the moment of arrest, not just at trial.
• Case timelines in Texas vary widely, and a case could resolve in a few months or take well over a year depending on its complexity.
• Missing a scheduled court date in Texas can result in an arrest warrant, regardless of how minor the original charge was.

What Happens First After an Arrest in Texas?

The first steps after an arrest in Texas are booking, a bail determination, and formal notice of the charge. Booking includes fingerprints, photographs, and an official record of the arrest at the local jail.

A magistrate sets bail within a set period after arrest, based on the charge, criminal history, and flight risk. Under Code of Criminal Procedure Chapter 17, most people have a right to reasonable bail unless the charge falls into a narrow set of exceptions.

Why Bail Amounts Vary Across Texas Counties

Bail amounts differ from one Texas county to the next, since each county sets its own bail schedule as a starting reference point. Dallas, Tarrant, Harris, and Bexar counties each apply different baseline amounts for similar charges.

A judge can adjust that starting amount up or down based on the specific facts of the arrest. Two people facing the same charge in different counties see different bail amounts as a result.

How Does the Law Offices of Richard C. McConathy Represent People in the Texas Criminal Process?

The Law Offices of Richard C. McConathy has guided Texans through criminal cases since 2002, handling more than 6,000 cases across the state and 1,000 dismissals. That experience covers every stage of the process, from a first bail hearing through a jury trial.

A person who calls the firm speaks directly with Richard C. McConathy. He reviews the arrest report, the bail conditions, and the charging document personally, rather than routing the file through a paralegal first.

Free consultations are available 24/7 since arrests rarely happen on a convenient schedule. No attorney at the firm predicts a specific case outcome before reviewing the full file, since the process depends heavily on the facts of each arrest.

What Are the Main Steps in a Texas Criminal Case?

A Texas criminal case moves through a set sequence of stages between arrest and final resolution. Each stage narrows the case toward either a negotiated outcome or a trial date.

• Arraignment, where the court formally reads the charge and the accused enters an initial plea.
• Discovery, where the defense receives police reports, witness statements, and any physical or forensic evidence.
• Pretrial motions, where the defense challenges evidence, procedure, or the legality of the arrest itself.
• Plea negotiation, where the prosecution and defense agree on a resolution short of trial.
• Trial or sentencing, where a judge or jury decides the case, or the court imposes a sentence after a plea.

These stages rarely move at a fixed pace, and a case with disputed evidence often spends far longer in the discovery and motions stages than a straightforward one.

How Each Stage of the Texas Criminal Process Fits Together

Each stage builds on the one before it, and skipping ahead rarely works in a defendant's favor. A motion filed during pretrial proceedings, for example, could resolve a case before it ever reaches a jury.

How Long Does the Texas Criminal Process Take?

The Texas criminal process takes anywhere from a few months to well over a year, depending on the charge and whether the case goes to trial. Court dockets, evidence complexity, and negotiation all affect the pace.

Case Stage	Typical Timeframe in Texas
Arrest to bail hearing	Within 24 to 48 hours in most counties
Arrest to arraignment	Usually within a few weeks
Misdemeanor case resolved by plea	Often 2 to 6 months
Felony case resolved by plea	Often 6 months to a year
Case that proceeds to trial	Often a year or more, depending on the court's docket

A case involving forensic testing, multiple witnesses, or a co-defendant tends to run longer than these general ranges. Patience during a slower case often serves the defense better than pushing for a fast resolution that skips real negotiation.

What Rights Does a Person Have During the Texas Criminal Process?

A person facing a Texas criminal charge holds several constitutional protections that apply from arrest through trial. These rights do not disappear just because a case feels overwhelming to navigate on paper.

• The right to remain silent, which applies during police questioning and does not require an explanation.
• The right to an attorney, including a court-appointed attorney for those who qualify financially.
• The right to a speedy trial, protected under the Sixth Amendment and Texas law alike.
• The right to confront witnesses, meaning the accused can cross-examine those testifying against them.
• The presumption of innocence, which places the burden of proof entirely on the prosecution.

These protections exist under both the U.S. Constitution and Texas law, including Code of Criminal Procedure Article 26.04 for appointed counsel. Knowing these rights exist is different from knowing how to use them effectively in a real case.

What's the Difference Between a Misdemeanor and a Felony Case in Texas?

A misdemeanor and a felony case in Texas follow different court paths, with felonies carrying far more serious consequences and procedural steps. The classification depends on the specific offense and its potential punishment range.

• Court assignment, since county courts generally handle misdemeanors while district courts handle felonies.
• Charging method, since most felony cases require a grand jury indictment before trial.
• Maximum punishment, since felony sentences may reach decades in prison, unlike most misdemeanor sentences.
• Long-term record impact, since a felony conviction carries more consequences for employment and licensing.

A charge that starts as a felony sometimes get negotiated down to a misdemeanor during the process. That shift can change everything from the court handling the case to the sentence a person actually faces.

Can a Texas Criminal Charge Get Resolved Before Trial?

A Texas criminal charge could get resolved before trial through dismissal, a reduced charge, or a plea agreement. Not every case needs to reach a jury to reach an outcome.

• Dismissal, where the prosecutor drops the case due to insufficient evidence or a procedural problem.
• Pretrial diversion, a program that lets certain first-time offenders avoid a conviction by meeting set conditions.
• Reduced charge, where the prosecution agrees to a lower-level offense in exchange for a plea.
• Deferred adjudication, where a case gets dismissed after a period of court supervision without a guilty finding.

Which of these paths fits a given case depends heavily on the evidence, the charge, and the person's criminal history. A case that looks unwinnable on the arrest report alone sometimes looks very different once the full evidence file gets reviewed.

What Should Someone Do While Waiting on a Texas Criminal Case?

A person waiting on a Texas criminal case should stay in contact with their attorney and follow every condition of release closely. The waiting period between court dates often matters more than people expect.

• Attend every court date, even ones that seem procedural or unlikely to involve a decision.
• Follow bond conditions exactly, since a violation may lead to a bond revocation.
• Avoid new legal trouble, since a new charge may affect bail and negotiation on the existing case.
• Stay reachable, since court dates and case updates may come with limited notice.
• Keep records organized, including paperwork, court notices, and communication related to the case.

These steps sound simple, but they carry real weight over a case that stretches across several months. A person who treats the waiting period carelessly often makes the eventual resolution harder to negotiate.

FAQ for Texas Criminal Process

Talk About Your Texas Criminal Process With a Lawyer

Uncertainty tends to grow the longer a criminal case sits without a plan behind it. Every week that passes without a strategy is a week the prosecution spends building its own case.

The Law Offices of Richard C. McConathy reviews the charge, the evidence, and the court timeline directly with the attorney handling the case.