Getting Arrested

Arrested? What Happens Next?

In Texas, if you are arrested for a felony or misdemeanor criminal offense, here is what you may expect:

First, you will appear in front of a magistrate judge and bond will be set. In some instances – such as parole or probation violation – a defendant may be held without bail. At the initial arraignment, you will be advised of certain rights, including the right to counsel, the right to court-appointed counsel if you cannot afford an attorney (with the exception of Class C Misdemeanors), and, if you are a foreign national, the right to notify your country’s consulate.

If you are able to post bail, which may be done using a bail bondsman, an attorney (for some offenses in some counties) or cash or property, you will be released.

The next steps are likely to occur whether a defendant remains incarcerated or not.

Depending upon whether the offense you are charged with is a felony or misdemeanor, you will either be formally charged through an indictment (felony cases) or a criminal information (misdemeanor). Felony indictments must be issued by a grand jury. Misdemeanor criminal information’s are issued by the county or district attorney, depending upon the county.

Once you have been formally charged by indictment or information, you will receive a court date for a formal arraignment. At this hearing, you will enter a formal plea. Following arraignment, a schedule for discovery and trial will be set, and your case will be prepared for trial.

You can elect a trial in front of a jury of your peers, or a judge, or agree to a plea bargain.

If you find yourself facing the above process, do not risk your rights or liberty. Please contact Baird Law Firm for a tireless advocate who will ensure your legal rights and interests are fully protected at every step of the legal process.