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ARRESTED IN TEXAS? ACT FAST. YOUR RIGHTS DEPEND ON IT.

Arrested or Facing Charges in Texas? Here’s What You Need to Know

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Posted: 1st July 2025
Lawyer Monthly
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Arrested or Facing Charges in Texas? Here’s What You Need to Know.


1. Introduction

Getting arrested in Texas isn’t something you ever think will happen — until suddenly, it does. One minute you're going about your day, and the next, you're in handcuffs, confused, scared, and wondering how your life just changed.

If you—or someone you love—is facing charges right now, you’re not alone. This guide is here to help you understand what’s happening, what comes next, and how to protect your future. No scare tactics, no legalese. Just real answers, explained clearly.


2. Common Criminal Charges in Texas

Some charges show up again and again across the state — whether you’re in Houston, Dallas, Austin, or a small rural county.

  • DWI (Driving While Intoxicated): Texas takes drunk driving seriously. Even a first offense can carry jail time, fines, and a license suspension.

  • Drug possession: Weed, prescription pills, cocaine — it doesn’t take much to end up with a felony.

  • Assault: A fight, a heated argument, or even just a threat can lead to assault charges. With a weapon or serious injury involved, it's classified as aggravated.

  • Theft and burglary: Whether it’s shoplifting or breaking into someone’s home, theft crimes can carry heavy consequences depending on the value stolen.

  • Domestic violence: Disputes at home can turn criminal quickly. These cases are especially sensitive and often come with restraining orders.

The truth? You don’t have to be a “bad person” to end up facing serious charges in Texas. One mistake—or one misunderstanding—can change everything.


3. Misdemeanor vs. Felony: What It Means in Texas

In Texas, criminal charges fall into two main buckets: misdemeanors and felonies. But the difference between them is huge.

Misdemeanors are generally less serious:

  • Class C: No jail time, just a fine (like public intoxication or minor traffic violations)

  • Class B: Up to 180 days in jail, max $2,000 fine (e.g., first-time DWI)

  • Class A: Up to 1 year in jail, max $4,000 fine (e.g., simple assault)

Felonies, on the other hand, come with long-term consequences — prison time, a criminal record that follows you, and restrictions on jobs, housing, and even voting.

  • State Jail Felony: 6 months to 2 years in a state facility

  • Third Degree Felony: 2 to 10 years

  • Second Degree Felony: 2 to 20 years

  • First Degree Felony: 5 to 99 years or life

  • Capital Felony: Life in prison or the death penalty

And keep in mind — prior convictions can bump up a misdemeanor to a felony. Texas doesn’t mess around when it comes to repeat offenses.


4. What Happens After an Arrest in Texas

Here’s the basic timeline after you're arrested in Texas:

  1. Booking: You're taken to jail, fingerprinted, searched, and placed in a holding cell.

  2. Bail Hearing: A judge decides whether you stay in jail or get released — and under what conditions.

  3. Arraignment: You officially hear the charges and enter a plea.

  4. Pre-Trial: This is where lawyers exchange evidence, file motions, and (sometimes) negotiate plea deals.

  5. Trial or Plea Deal: Some cases go to trial. Most don’t. Your attorney’s strategy matters big-time here.

  6. Sentencing: If convicted, the judge hands down your punishment — which can range from probation to years in prison.

You may feel powerless during this process, but you still have rights — and choices.


5. Do You Really Need a Lawyer?

Yes. And not just any lawyer — a criminal defense attorney who knows Texas law inside and out.

A good lawyer doesn’t just “show up to court.” They can:

  • Challenge bad evidence

  • Push for reduced or dropped charges

  • Negotiate alternatives to jail (like deferred adjudication)

  • Keep you from saying something that makes things worse


6. Public Defenders in Texas: What You Should Know

If you can't afford a lawyer, you can request a public defender. They're licensed attorneys, and many are passionate about what they do.

That said, Texas public defenders are often overworked and underfunded. Your case might be one of 50 they're juggling. They’ll represent you in court — but they may not have time to dig deep or explore every defense strategy.

If there’s any way to hire private counsel, it’s worth considering.


7. What Penalties Could You Face?

Offense Type Jail or Prison Time Fine
Class C Misdemeanor None Up to $500
Class B Misdemeanor Up to 180 days Up to $2,000
Class A Misdemeanor Up to 1 year Up to $4,000
State Jail Felony 180 days to 2 years Up to $10,000
Third-Degree Felony 2 to 10 years Up to $10,000
Second-Degree Felony 2 to 20 years Up to $10,000
First-Degree Felony 5 to 99 years or life Up to $10,000
Capital Felony Life in prison or death N/A

Penalties can stack — probation, community service, drug testing, fines, and license suspensions are all common add-ons.


8. Can You Get a Criminal Record Expunged in Texas?

In certain cases, yes — but Texas law is strict about who qualifies.

You may be eligible for expungement (expunction) if:

  • Your charges were dropped or dismissed

  • You were found not guilty

  • You were arrested but never formally charged

  • You completed deferred adjudication for a Class C misdemeanor

Unfortunately, most felony convictions are not eligible unless you’ve been pardoned or your conviction was overturned.

📌 Learn more about expungement eligibility from the Texas State Law Library


9. First-Time Offenders: Is There Leniency in Texas?

Absolutely. Texas courts do offer second chances — especially if you’ve never been in trouble before.

Options may include:

  • Deferred adjudication – you complete probation, and if successful, you avoid a conviction.

  • Diversion programs – common for drug and theft charges, especially for young adults.

  • Community supervision or classes – instead of jail, you may complete treatment, pay restitution, or take life-skills courses.

Having a clean record helps — and so does having a good lawyer who knows how to push for these alternatives.


10. How Much Does a Criminal Lawyer Cost in Texas?

It depends on the case:

  • Misdemeanors: $1,500 – $5,000

  • Felonies: $5,000 – $25,000+

  • Serious trial cases: Can go higher, especially if it goes to jury trial

Many defense attorneys offer free consultations and payment plans. It’s worth asking — don’t assume legal help is out of reach.


11. Get Help Right Now

The sooner you get legal help, the better your chances. A good lawyer can make the difference between jail and freedom, a record and a second chance.

👉 Click here to get your free case review in Texas — featuring insights from top criminal defense attorney Trey Porter
You’ll be matched with a qualified Texas defense lawyer — no upfront cost, no pressure. Just a real conversation with someone who can help.


12. People Also Ask (FAQ)

Q: How long does a misdemeanor stay on your record in Texas?
Unless it’s expunged or sealed, it stays there forever. Even dropped charges can show up in background checks — unless you take action to clear them.

Q: Can a first-time offender avoid jail in Texas?
Often, yes. Texas offers diversion programs, deferred adjudication, and probation for many non-violent first offenses — especially with a lawyer pushing for alternatives.

Q: What happens at a bail hearing in Texas?
A judge reviews your case and sets bail based on how serious the charges are and whether you’re likely to flee. You might be released on bond or held until trial.

Q: What’s the difference between expunction and non-disclosure in Texas?
An expunction erases your record like it never happened. A non-disclosure order seals it from the public but lets government agencies still see it.

Q: Where can I find an official expungement guide for Texas?
The Texas State Law Library has a complete breakdown of eligibility. You can also view the Texas Bar’s expungement and non-disclosure guide (PDF) for a simplified legal explanation.

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