What Happens After You Are Arrested in Texas?

Magistration comes first

The first formal step after a Texas arrest is being taken before a magistrate. The Code of Criminal Procedure requires this without unnecessary delay, and not later than 48 hours after arrest.

At magistration, the magistrate must:

• tell you the accusation against you and any affidavit filed with it;
• inform you of your right to retain counsel, your right to remain silent, your right to have an attorney present during any interview with police, your right to stop an interview at any time, and your right to an examining trial;
• inform you that anything you say can be used against you;
• inform you of your right to request appointed counsel if you cannot afford a lawyer, and give you a reasonable opportunity to request it; and
• set bail, if the offense is bailable.

This is not a trial and no guilt determination happens here.

If charges are not filed quickly

Texas has release rules for people held without a filed charge. A person must be released on bond, or on personal bond if they cannot post the amount, if the State is not ready for trial within a defined period after arrest — generally 90 days for a felony, 30 days for a Class A misdemeanor, 15 days for a Class B misdemeanor and 5 days for a Class C misdemeanor.

There is also a shorter rule tied to the filing of a complaint: a person arrested without a warrant and held without a filed complaint must be released, on bond if required, within 24 hours of arrest for a misdemeanor punishable by fine only or by confinement, and within 48 hours for a felony, subject to specific exceptions in the statute.

Bail

Bail is money or a bond posted to secure your appearance in court. Texas magistrates consider factors including the ability to make bail, the nature of the offense, the safety of the community and of any victim, and the defendant's criminal history. Options generally include a cash bond, a surety bond posted through a bail bond company, or a personal bond, which requires no money up front but does require compliance with conditions.

Conditions attached to release are common: no contact with an alleged victim, drug or alcohol testing, an ignition interlock in some DWI cases, or GPS monitoring.

Then the case moves to the prosecutor

An arrest is a police decision. Whether a case is charged, and what it is charged as, is a prosecutor's decision. In felony cases the case generally goes to a grand jury, which decides whether to return an indictment. Grand jury proceedings are not public and the defense usually is not present.

Cases are sometimes rejected, reduced or no-billed at this stage. That is one reason the period between arrest and the first court setting matters — it is when a defense attorney can present information before charging decisions are locked in.

What not to do

• Do not talk to investigators about the facts without a lawyer. The warning given at magistration is real.
• Do not miss a court setting. Failing to appear can bring a separate charge and a warrant.
• Do not contact an alleged victim if a condition of release prohibits it.
• Do not discuss the case on recorded jail calls.

When you may want an attorney

Criminal charges of any level carry consequences beyond the courtroom: employment, housing, professional licenses and immigration status. Most people arrested in Texas benefit from talking to a defense attorney before the first setting. If you cannot afford one, tell the magistrate and request appointed counsel — that request has to be given a reasonable opportunity at magistration.