Arrested or charged anywhere in Texas
Talk to a Texas Criminal Defense Lawyer Before Your First Court Date
DWI, drug, assault, theft or weapons charge. Call, tell us where you were charged, and we connect you with an independent defense attorney who handles cases in that county.
Talk to a lawyer now
- Tell us the charge and the county
- We connect you with an independent Texas defense attorney
- Ask about deadlines, bond and what to say
TXCCA is not a law firm. We connect callers with independent licensed attorneys. How it works
Licensed Texas attorneys
State Bar of Texas members in good standing
Criminal defense only
Lawyers who defend charges every day
Matched by county
Someone who knows your courthouse
Plain answers, cited
Every guide links to Texas law
In this guide: After an arrest · Charge levels · DWI · Drug, assault, theft, weapons · Bond and jail · Clearing your record · Locations · FAQ
What happens after an arrest in Texas
Most Texas cases follow the same first steps, whatever the charge. Knowing them tells you which deadlines are already running.
- Arrest and booking. Fingerprints, photos and your property are logged at the county jail.
- Magistrate warnings. Within 48 hours a magistrate tells you the charge and your rights, and sets bond (Code of Criminal Procedure art. 15.17). You can ask for a court-appointed lawyer here.
- Bond and release. You are released on a cash bond, a surety bond through a bondsman, or a personal bond, often with conditions.
- DWI only: the 15-day ALR window. You have 15 days from the notice of suspension to request an ALR hearing. If no one asks, the suspension takes effect on day 40.
- First court setting. Usually weeks after the arrest. This is where a lawyer starts asking for the evidence.
Texas charge levels and punishment ranges
Every Texas offense falls into one of seven levels. The level sets the jail or prison range and the maximum fine (Texas Penal Code, Chapter 12).
| Level | Jail or prison | Max fine | Common examples |
|---|---|---|---|
| Class C misdemeanor | None | $500 | Public intoxication, minor in possession |
| Class B misdemeanor | Up to 180 days | $2,000 | First DWI, theft of $100 to $750 |
| Class A misdemeanor | Up to 1 year | $4,000 | Assault causing injury, DWI at 0.15 or higher |
| State jail felony | 180 days to 2 years | $10,000 | DWI with a passenger under 15 |
| Third-degree felony | 2 to 10 years | $10,000 | Third DWI, intoxication assault |
| Second-degree felony | 2 to 20 years | $10,000 | Intoxication manslaughter |
| First-degree felony | 5 to 99 years or life | $10,000 | Aggravated robbery |
DWI charges in Texas
A first DWI is a Class B misdemeanor with a 72-hour minimum jail term (Penal Code §49.04). An open container raises the minimum to six days, and a test result of 0.15 or higher makes it a Class A. A third DWI is a felony.
The license side runs separately. A failed test brings a 90-day suspension for a first contact, and a refused test brings 180 days, unless an ALR hearing is requested in time.
Charged tonight? Talk to a lawyer before you talk to anyone else.
A defense attorney can tell you what to say, what not to say, and which deadlines are already running.
Drug, assault, theft and weapons charges
Drug charges
Texas sorts drugs into Penalty Groups 1 to 4 plus marijuana. The group and the weight decide the level, from a Class B misdemeanor to a first-degree felony.
Assault
Assault causing bodily injury is usually a Class A misdemeanor. A deadly weapon or serious injury makes it aggravated assault, a second-degree felony.
Theft
Theft is graded by value, from a Class C misdemeanor under $100 up to a first-degree felony at $300,000 or more (Penal Code §31.03).
Weapons
Unlawful carrying of a weapon is usually a Class A misdemeanor. Carrying where guns are banned, or by someone barred from having one, can be a felony.
Bond and getting out of jail
Bond is set by the magistrate. Texas allows cash bonds, surety bonds through a licensed bondsman, and personal bonds, where you are released on your promise to appear. The magistrate weighs the charge, your record, your ties to the area and public safety (Code of Criminal Procedure Chapter 17). Bond conditions, such as an ignition interlock after a DWI, start right away.
Clearing your record: deferred adjudication, expunction and nondisclosure
How a case ends decides what stays on your record. Deferred adjudication can end in a dismissal without a conviction. An expunction destroys the records of an arrest that did not end in a conviction. An order of nondisclosure seals records from most employers and landlords. Each has its own waiting periods and offenses that do not qualify.
Criminal defense lawyers across Texas
We connect callers with defense attorneys in Dallas, San Antonio, Houston, Corpus Christi, Austin, Fort Worth, El Paso and Conroe, with more Texas cities added as local pages go live. Each city page will cover its county courts, jail and how bond works there.
Questions people ask after an arrest
Should I talk to the police without a lawyer?
You have the right to stay silent and the right to ask for a lawyer. Once you clearly ask for one, questioning should stop. Anything you say can be used in court, so most defense lawyers tell clients to say nothing about the case until they have spoken.
Can I get a court-appointed lawyer?
If you are charged with an offense that can carry jail time and cannot afford a lawyer, you can ask for one. The magistrate asks at your first appearance, and the court decides based on your income. You can also hire a private lawyer at any point.
How long does a Texas criminal case take?
It depends on the county and the charge. Many misdemeanors take several months, and felonies often take longer. Lab results, such as blood tests in DWI cases, are a common cause of delay.
Will this charge stay on my record?
The arrest goes on your criminal history right away. Whether it stays depends on how the case ends: a dismissal or acquittal can often be expunged, and many deferred adjudication cases can be sealed with an order of nondisclosure.
What is deferred adjudication?
The judge puts off a finding of guilt and places you on community supervision. If you finish the conditions, the case is dismissed without a conviction. Some offenses do not qualify, including DWI with a test result of 0.15 or higher.
Can my charge be dismissed?
Sometimes. Charges are dismissed when the stop or search was illegal, when the evidence is weak, or after a diversion program. A defense lawyer can tell you what applies once they see the police report.
The sooner a lawyer sees your case, the more options you keep.
Evidence, deadlines and bond conditions are set in the first days. Call and tell us where you were charged.
