Being charged with a crime in Texas sets off a legal process that most people have never experienced before. If you are wondering what happens if you get charged with a crime, the case usually begins with arrest and booking, then moves through bail, arraignment, pretrial hearings, and either plea negotiations or trial.
The system moves on its own clock, and it does not pause while you get your bearings. Knowing what happens at each stage removes some of the uncertainty and helps you make better decisions along the way.
If you or someone close to you is facing a criminal charge in Abilene or anywhere in Taylor County, speaking with a criminal defense attorney early gives you the clearest picture of what to expect.
Schedule a Free ConsultationWhat is the criminal court process in Texas after someone is charged with a crime?
If you get charged with a crime in Texas, you go through a process that starts with arrest and booking, moves through a magistrate hearing where bail is set, and continues into arraignment, pretrial proceedings, and either plea negotiation or trial. Each stage carries deadlines and decisions that directly affect the outcome.
Key Takeaways About What Happens When You Get Charged With a Crime
- A criminal charge in Texas triggers a sequence of events that includes booking, a magistrate hearing, bail, arraignment, and either plea negotiation or trial.
- You have constitutional rights at every stage, including the right to remain silent and the right to an attorney. Exercising both immediately after arrest protects you throughout the entire case.
- Misdemeanors and felonies follow different procedural paths in Taylor County. Most felony cases in Texas proceed by grand jury indictment before moving forward, though a represented defendant may waive indictment in a noncapital felony case and proceed by information.
- The earlier a criminal defense attorney gets involved in your case, the more options remain available at every decision point.
What Happens During a Criminal Arrest in Texas?
A criminal arrest in Texas begins when a law enforcement officer takes you into physical custody based on probable cause or a warrant. The officer must have a legal basis for the arrest, and the reason for that arrest shapes everything that follows in your case.
Booking at the Taylor County Jail
After the arrest, officers transport you to the county jail for booking. The booking process involves recording your personal information, photographing and fingerprinting you, and entering the charges into the county system. Your personal belongings are inventoried and stored.
Booking typically takes a few hours, though processing times vary based on jail volume and time of day. Once booking is complete, you wait for a magistrate hearing where a judge addresses your bail.
Your Rights During and After the Arrest
Texas law and the U.S. Constitution grant you specific rights during a criminal arrest. Officers must inform you of your Miranda rights before any custodial interrogation, meaning any questioning that happens while you are not free to leave.
Those rights include the following protections.
- The right to remain silent and refuse to answer questions beyond providing basic identification
- The right to have an attorney present during any questioning by law enforcement
- The right to have an attorney appointed if you are unable to afford one
- The right to know the charges against you
- The right to bail in most cases, subject to constitutional and statutory exceptions
Invoking these rights is not an admission of guilt. Officers may continue trying to engage you in conversation after an arrest, but anything you say becomes part of the record. Staying silent and requesting a lawyer protects you more than any explanation you offer in that moment.
What Happens at the Magistrate Hearing?
A magistrate hearing in Texas takes place within 24 to 48 hours of your arrest. A judge, called a magistrate, informs you of the charges, explains your rights, and sets the conditions for your release on bail.
Article 15.17 of the Texas Code of Criminal Procedure requires this hearing to occur without unnecessary delay.
How the Judge Sets Bail
The magistrate sets your bail amount based on factors outlined in Article 17.15 of the Code of Criminal Procedure. Bail is not a punishment. It serves as a financial guarantee that you appear for all future court dates.
Factors the judge weighs when setting bail include the seriousness of the charge, your criminal history, your ties to the Abilene community, your financial resources, and whether you pose a safety risk.
A criminal defense attorney may argue for a lower bail amount or request a personal bond, which is a release with no money required, at this hearing.
What Is the Difference Between a Misdemeanor and a Felony Charge in Texas?
Misdemeanors carry lighter penalties and move through a different court than felonies. A misdemeanor in Texas carries up to one year in county jail. A felony carries state prison time and follows a longer, more involved procedural path. Chapter 12 of the Texas Penal Code defines the classification system.
Texas Criminal Charge Classifications
| Charge Level | Maximum Incarceration | Maximum Fine | Court in Taylor County |
| Class C Misdemeanor | None | $500 | Municipal Court or JP Court |
| Class B Misdemeanor | 180 days in jail | $2,000 | County Court at Law |
| Class A Misdemeanor | 1 year in jail | $4,000 | County Court at Law |
| State Jail Felony | 2 years in state jail | $10,000 | District Court |
| Third-Degree Felony | 10 years in prison | $10,000 | District Court |
| Second-Degree Felony | 20 years in prison | $10,000 | District Court |
| First-Degree Felony | 99 years or life | $10,000 | District Court |
The charge level determines not only the penalty range but also the procedural requirements. Felony cases in Taylor County require a grand jury indictment before the prosecution moves forward. Misdemeanor cases skip the grand jury step entirely.
What Happens at Arraignment in an Abilene Criminal Case?
Arraignment is the court hearing where a judge formally reads the charges against you and asks you to enter a plea. Your options at arraignment are guilty, not guilty, or no contest.
In Taylor County, arraignment typically happens within a few weeks of the arrest for misdemeanors and after indictment for felonies.
Why the Plea You Enter at Arraignment Matters
Entering a guilty plea at arraignment closes most of your options immediately. A not guilty plea preserves every available defense and gives your attorney time to review discovery, file motions, and negotiate with prosecutors.
Most criminal defense attorneys in Abilene recommend entering a not guilty plea at arraignment regardless of the circumstances. Changing a plea later is straightforward. Undoing a guilty plea after the fact is far more difficult and sometimes impossible.
What Happens Between Arraignment and Trial?
The pretrial phase is where most of the legal work in a criminal case takes place. Your attorney reviews the state's evidence during discovery, identifies weaknesses, and files motions that may shape or resolve the case before trial.
Pretrial Motions and Discovery
During discovery, the prosecution must share its evidence with the defense. Your attorney reviews police reports, lab results, witness statements, body camera footage, and any other materials the state plans to use at trial.
Pretrial motions give your attorney the opportunity to challenge the state's case before it reaches a jury. Common pretrial motions in Texas criminal cases include the following.
- Motions to suppress evidence obtained through an illegal stop, search, or interrogation
- Motions to dismiss charges when the evidence is legally insufficient
- Motions to compel discovery when the prosecution has not turned over required materials
- Motions to reduce or modify bail conditions that are overly restrictive
A single successful motion may change the entire direction of a case. Suppressing a key piece of evidence, for example, may leave the prosecution without enough proof to move forward.
Plea Negotiations
Many criminal cases in Texas resolve through plea negotiations rather than trial. The prosecutor and defense attorney discuss potential resolutions that may include reduced charges, deferred adjudication (a form of supervision that avoids a final conviction), or agreed-upon sentencing recommendations.
Accepting a plea deal is your decision alone. Your attorney presents the offer, explains the consequences, and advises you on whether the deal makes sense given the strength of the evidence. No one forces you to accept.
What Happens at a Criminal Trial in Taylor County?
A criminal trial in Texas follows a structured process. The prosecution presents its case first, then the defense responds. A jury, or a judge if you waive your right to a jury, decides the verdict.
The Trial Sequence
A criminal trial in Texas moves through the following stages.
- Jury selection, where both sides question potential jurors and select the panel
- Opening statements from the prosecution and the defense
- The prosecution's presentation of evidence and witnesses
- Cross-examination of prosecution witnesses by the defense
- The defense's presentation of evidence and witnesses, if any
- Closing arguments from both sides
- Jury deliberation and verdict
The prosecution bears the burden of proving guilt beyond a reasonable doubt. The defense does not have to prove innocence. If the jury finds reasonable doubt, the verdict is not guilty.
How the Law Offices of David M. White Help After a Criminal Charge in Abilene
Attorney David M. White represents people facing criminal charges in Abilene-area courts at every level, from municipal court through district court. We handle the full range of misdemeanor and felony offenses, including DWI, drug possession, assault, theft, and domestic violence cases.
Getting Involved Early in the Criminal Charge Process
We prefer to start working on a case before the first court date. Reviewing the arrest report, analyzing body camera footage, and identifying procedural issues early gives us the most room to build a defense.
Many of the strongest defense arguments depend on evidence and details that lose clarity over time. Se habla español. Reach out to our office to get the process started.
Ask the Law Offices of David M. White
I just got arrested in Abilene. What do I do right now?
Stay silent beyond providing your name and basic identification. Do not explain your side of the story to officers, agree to a search, or sign anything. Ask for a lawyer.
Once you are released on bond, write down every detail you remember about the arrest and contact a criminal defense attorney before your first court date.
How long does a criminal case take from arrest to resolution in Texas?
A misdemeanor in Taylor County may resolve in a few weeks to a couple of months. Felony cases often take six months to over a year, depending on the complexity of the evidence and whether the case goes to trial.
Your attorney gives you a realistic timeline based on your specific charge and court assignment.
What is the difference between being arrested and being charged?
An arrest means law enforcement took you into custody based on probable cause. A charge means the prosecutor has formally filed a criminal case against you.
You may be arrested and released without charges if the prosecutor declines to file. You may also be charged weeks after an arrest if the prosecutor needs additional time to review the evidence.
FAQs for What Happens If You Get Charged With a Crime
Does being charged with a crime mean I have a criminal record?
Not necessarily. A charge alone is not a conviction, but an arrest or filed charge may still appear in court records or criminal history records unless the case later qualifies for expunction or nondisclosure.
If the case is dismissed, you are acquitted, or you complete deferred adjudication, you may qualify to have the record sealed or destroyed through a nondisclosure order or expunction.
What if I miss my arraignment date in Taylor County?
The judge issues a bench warrant for your arrest. Missing a court date may also result in bond forfeiture, additional charges, and a higher bail amount when you are rearrested.
Contact a criminal defense attorney immediately if you realize you have missed a court date.
Do I need a lawyer for a Class C misdemeanor in Abilene?
Generally yes. A Class C misdemeanor is still a criminal offense that creates a record if you plead guilty or pay the fine.
An attorney may pursue dismissal through a defensive driving course, a plea to a non-reportable offense, or other options depending on the charge.
What does deferred adjudication mean in a Texas criminal case?
Deferred adjudication is a type of community supervision where the judge delays entering a conviction.
Complete all conditions, and the court dismisses the case. You may then petition for a nondisclosure order to seal the record from most public access.
What if the grand jury does not indict me on a felony charge?
A grand jury no bill, meaning a refusal to indict, stops the felony prosecution from moving forward on those charges.
The state may resubmit the case to a future grand jury in some situations, but a no bill is a favorable outcome that may open the door to expunction of the arrest record.
Take the Right Next Step After a Criminal Charge in Abilene
The criminal charge process in Texas moves forward whether you have an attorney or not. Deadlines pass, and prosecutors build their case on their own timeline. Getting a criminal defense attorney involved early gives you the best chance to shape the outcome rather than react to it.
Call the Law Offices of David M. White at 325-437-3311 for a free consultation. We walk you through the charge, explain where your case sits in the process, and lay out the options available to you in Taylor County.
Schedule a Free Consultation