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
03
The charging decision
04
Discovery
05
Pretrial work
06
Resolution
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
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
Why does it matter that your defense lawyer was a prosecutor?
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
Assault and family violence
Sex crime allegations
Drug possession and distribution
Federal criminal charges
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
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
Frequently asked questions about Texas criminal defense
How long does a criminal case take in Texas?
Can the victim drop the charges in Texas?
What happens at magistration after an arrest?
What is deferred adjudication in Texas?
Can a criminal charge be expunged in Texas?
How do I know if my case is federal?
Should I talk to the police to clear things up?
How does a former prosecutor help my defense?
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.
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