Texas Criminal Defense Attorneys: How Your Case Works, From Arrest to Resolution

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A Texas criminal case moves through the same basic stages: arrest, magistration and bail, the charging decision, discovery, and a resolution by dismissal, plea, or trial. A Texas criminal defense attorney’s job is to test the State’s evidence at every stage. Every lawyer at West Texas Trial Lawyers prosecuted for the State of Texas first.

We defend state and federal cases from offices in El Paso and San Antonio. Calls are answered 24/7. The first consultation is free and confidential.

How does a criminal case work in Texas?

Most cases follow six stages. Knowing where you are tells you what to do next.

01

Arrest and the offense report

The officer writes a report that becomes the State’s first account. Rules for using recorded statements made in custody are in Code of Criminal Procedure (CCP) art. 38.22.

02

Magistration and bail

A person arrested in Texas must be brought before a magistrate within 48 hours (CCP art. 15.17). The magistrate gives warnings and sets bail.

03

The charging decision

Prosecutors decide whether to file, reduce, or refuse the charge. Felony cases are generally presented to a grand jury.

04

Discovery

Under CCP art. 39.14 (the Michael Morton Act), the State must produce offense reports, statements, and other evidence “as soon as practicable after receiving a timely request.”

05

Pretrial work

The defense reviews the evidence, challenges what was obtained unlawfully, and negotiates with the prosecutor.

06

Resolution

The case ends in a dismissal, a diversion program, deferred adjudication, a plea agreement, or a trial.

The DA’s office is already working on the case. Start early.

What are the penalty ranges for crimes in Texas?

Penal Code §§12.21–12.35 set a range for each of eight offense classes. The charge, the facts, and any priors decide the class.

Offense class

Punishment range

Statute

Class C misdemeanor

Fine up to $500

Penal Code §12.23

Class B misdemeanor

Up to 180 days in jail and/or fine up to $2,000

Penal Code §12.22

Class A misdemeanor

Up to 1 year in jail and/or fine up to $4,000

Penal Code §12.21

State jail felony

180 days to 2 years in state jail, plus fine up to $10,000

Penal Code §12.35

Third-degree felony

2 to 10 years, plus fine up to $10,000

Penal Code §12.34

Second-degree felony

2 to 20 years, plus fine up to $10,000

Penal Code §12.33

First-degree felony

5 to 99 years or life, plus fine up to $10,000

Penal Code §12.32

Capital felony

Life without parole or death

Penal Code §12.31

What is the difference between a misdemeanor and a felony in Texas?

A misdemeanor is punished by a fine, county jail, or both. A felony can mean state jail or prison. Classes C, B, and A are misdemeanors. State jail felonies through capital felonies are felonies (Penal Code §§12.21–12.35).

The label is not the whole story. A misdemeanor domestic-violence conviction bars possessing a firearm or ammunition under federal law (18 U.S.C. §922(g)(9)).

Is my case in state court or federal court?

It depends on who filed the charge. Arrests by local police, deputies, or troopers usually go to state court. Cases brought by federal agencies go to federal court.

El Paso and San Antonio are divisions of the U.S. District Court for the Western District of Texas. A detention hearing under 18 U.S.C. §3142 decides whether a person is held before trial. Sentencing uses the U.S. Sentencing Guidelines, which are advisory. In El Paso, border-related charges are common: illegal reentry (8 U.S.C. §1326), smuggling or transporting (8 U.S.C. §1324), drug importation (21 U.S.C. §§952, 960), and firearms offenses (18 U.S.C. §922). See our federal criminal defense page.

How can a Texas criminal case end?

A Texas criminal case can end in six main ways. First, a dismissal: the prosecutor files a motion to dismiss, usually after deciding the case cannot be proven, and the judge approves it. Second, a no-bill: a grand jury declines to indict a felony. Third, pretrial diversion: the prosecutor agrees to dismiss if the person completes set conditions. Fourth, deferred adjudication: the judge places the person on community supervision without a finding of guilt, and the case can be dismissed when supervision is completed. Fifth, a plea agreement: the person pleads guilty or no contest in exchange for an agreed charge or sentence. Sixth, a trial: a judge or jury decides guilt. Each path carries different long-term effects. A dismissal may open the door to expunction under CCP Chapter 55A. Deferred adjudication may allow an order of nondisclosure under Government Code §411.0725.

Dismissal

Diversion lets some people earn a dismissal by completing set conditions.

Pretrial diversion

Diversion lets some people earn a dismissal by completing set conditions.

Deferred adjudication

The judge defers a finding of guilt and places the person on community supervision under CCP Chapter 42A. For a first DWI, deferred adjudication is available except for commercial license or learner’s permit holders or a 0.15 or higher alcohol concentration (CCP art. 42A.102(b)(1)).

Plea or trial

A plea is always the client’s decision. We prepare every case for a jury, so that choice is an informed one.

Can I clear a Texas criminal record?

Sometimes. Expunction, governed by CCP Chapter 55A, destroys the records of an arrest in limited situations. An order of nondisclosure under Government Code §411.0725 seals records from the public after successful deferred adjudication, but certain offenses are excluded. DWI cannot be sealed under §411.0725. A separate DWI route may apply.

What should I do right now if I've been arrested or charged?

01

Do not talk about the case with police. Don’t explain, and don’t try to make a deal. Say you want your lawyer.

02

Do not post about the arrest on social media.

03

Keep every paper you were given, including bond conditions and any notice of license suspension.

04

Note deadlines. After a DWI arrest, you have 15 days from notice to request an ALR hearing, per the Texas DPS ALR program.

05

Call a lawyer. Have your full legal name, date of birth, the county where the charge was filed, and the charge if you know it. Missing something? Call anyway.

Why does it matter that your defense lawyer was a prosecutor?

A former prosecutor has made the charging decisions you now face. That background shows where a case is thin and what a prosecutor needs to see before agreeing to dismiss or reduce. It is process insight, not a promise of any result.

Adam Setra prosecuted for the 34th Judicial District Attorney’s Office, which covers El Paso, Hudspeth, and Culberson counties.

What criminal charges do we defend?

Each page below explains the law, the penalties, and the defense.

DWI and DUI charges

A first DWI is a Class B misdemeanor with a 72-hour minimum confinement (Penal Code §49.04(b)). Adults are charged with DWI; “DUI” is the under-21 offense (Alcoholic Beverage Code §106.041).

Assault and family violence

Assault is a Class A misdemeanor by default (§22.01), but choking allegations or a prior can raise it to a felony (§22.01(b)(2)).

Sex crime allegations

Sexual assault is a second-degree felony (§22.011).

Drug possession and distribution

Possessing less than one gram of a Penalty Group 1 or 1-B substance, including fentanyl, is a state jail felony (Health & Safety Code §481.115).

Federal criminal charges

Cases in the Western District of Texas.

White collar and fraud charges

Theft of $2,500 to under $30,000 is a state jail felony (§31.03(e)). Federal wire fraud carries up to 20 years (18 U.S.C. §1343).

Murder and homicide

Murder is a first-degree felony (§19.02).

Where do we defend cases in El Paso and San Antonio?

We handle state and federal cases in both cities and across Texas. Both offices are open 24 hours, 7 days a week. Calls are answered 24/7.

El Paso

Our El Paso office is at 1005 N Mesa St, El Paso, TX 79902, (915) 279-0000. State cases are heard at the El Paso County Courthouse, 500 E. San Antonio Ave., and prosecuted by the 34th Judicial District Attorney’s Office. Federal cases go to the Albert Armendariz, Sr. U.S. Courthouse, 525 Magoffin Ave.

Criminal defense attorney in San Antonio

Our San Antonio office is at 40 NE Interstate 410 Loop Suite 100 Ofc G10, San Antonio, TX 78216, (210) 401-1000. Bexar County criminal cases are heard at the Cadena-Reeves Justice Center, 300 Dolorosa, and prosecuted by the Bexar County Criminal District Attorney’s Office. Federal cases go to the U.S. Courthouse, 262 W. Nueva St.

Frequently asked questions about Texas criminal defense

How long does a criminal case take in Texas?

There is no single timeline. A felony or federal case usually takes longer than a misdemeanor. The pace depends on the charge, the county's docket, how quickly the State produces discovery under CCP art. 39.14, and whether the case goes to trial. A lawyer can estimate after seeing the evidence.

Can the victim drop the charges in Texas?

No. In Texas, the State decides whether to pursue a criminal case, not the alleged victim. The complaining witness's wishes can matter to a prosecutor, and they may affect how the case is evaluated. But only the prosecutor can move to dismiss. This is especially common in family violence cases, where people expect a charge to end when the complainant asks.

What happens at magistration after an arrest?

A person arrested in Texas must be brought before a magistrate within 48 hours under CCP art. 15.17. The magistrate explains the charge and the person's rights and sets bail. In family violence cases, the magistrate may also issue an emergency protective order under CCP art. 17.292.

What is deferred adjudication in Texas?

Deferred adjudication is a form of community supervision where the judge does not enter a finding of guilt. If the person completes the conditions, the case can be dismissed. Afterward, the person may qualify for an order of nondisclosure under Government Code §411.0725, which seals the record from the public. DWI is excluded from that section.

Can a criminal charge be expunged in Texas?

Sometimes. Expunction under CCP Chapter 55A removes and destroys records of an arrest in limited situations, such as certain dismissals and acquittals. A conviction generally cannot be expunged. Eligibility depends on how your case ends, so record-clearing belongs in the defense plan from day one.

How do I know if my case is federal?

Look at who filed it. Charges brought by federal agencies are prosecuted in the U.S. District Court, which for El Paso and San Antonio is the Western District of Texas. Federal cases begin with a detention hearing under 18 U.S.C. §3142 and use the advisory U.S. Sentencing Guidelines at sentencing.

Should I talk to the police to clear things up?

No. Don't explain, and don't try to make a deal. Politely say you want your lawyer, then call one. Statements can become part of the State's case, and CCP art. 38.22 sets the rules for when recorded custodial statements can be used. A lawyer can decide whether talking helps you.

How does a former prosecutor help my defense?

A prosecutor's background is not a promise of any result. What it gives is inside knowledge of how the State evaluates a case, what evidence a prosecutor relies on, and when a case is likely to be dismissed or reduced. Every lawyer at West Texas Trial Lawyers prosecuted for the State of Texas before defending clients.

Talk to a former prosecutor about your case

The State is building its case now. The first consultation is free and confidential, payment plans are available, and we speak Spanish.

See reported case results or request a free consultation online.

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