Arrested in Texas? The First 48 Hours Decide More Than You Think

How long can Texas police hold me without charging me?

You must be brought before a magistrate within 48 hours of arrest under Art. 15.17. Separately, under Art. 17.033, if no magistrate has made a probable-cause determination, a warrantless misdemeanor arrestee must be released on a bond of $5,000 or less by the 24th hour, and a felony arrestee on $10,000 or less by the 48th hour (a prosecutor can ask a magistrate to extend this up to 72 hours for cause). If those clocks are blowing past, call 1-844-690-0555 for free information on what to do.

How do I get a court-appointed lawyer in Texas?

Under Art. 1.051 you have the right to appointed counsel if you can't afford one — but you have to request it, usually at your magistration. Once you ask, the court must appoint a lawyer by the end of the first working day in counties of 250,000 or more, or by the third working day in smaller counties. Many people wait needlessly because they never asked out loud. Call 1-844-690-0555 for free guidance on requesting counsel.

What's the difference between a misdemeanor and a felony in Texas?

Penal Code Ch. 12 sets the line. Class C misdemeanors are fine-only (up to $500); Class B carries up to 180 days, Class A up to a year in county jail. Felonies start at the state jail level (180 days–2 years) and climb through third, second, and first degree, up to 99 years or life — and felonies are heard in District Court, not County Court. Call 1-844-690-0555 to understand which class your charge falls in.

What is a state jail felony, and why does it matter?

It's a felony tier unique to Texas: 180 days to 2 years in a state jail facility, served day-for-day with no parole, plus up to a $10,000 fine. Because there's no parole on state-jail time and the priors count differently for enhancement, it changes the math on any plea or sentence. For free information on how a state jail felony works in your case, call 1-844-690-0555.

I have two prior felonies — am I really facing 25 years?

Possibly. Penal Code § 12.42(d) says two prior sequential final felonies elevate a new non-state-jail felony into a mandatory 25-years-to-99-or-life range, regardless of how minor the new charge is on its own. Priors that were only state jail felonies under § 12.35(a) are excluded, and the two priors must be sequential and final. This enhancement is one of the most punitive in the country — call 1-844-690-0555 before you assume the worst or agree to anything.

Can I get my Texas criminal record cleared?

Sometimes, through one of two separate processes. Expunction under the new Chapter 55A (effective Jan. 1, 2025) completely destroys records after an acquittal, dismissal, no-bill, or where no charge was filed — with waiting periods of 180 days to 3 years when no charge is filed. An order of nondisclosure under Government Code Ch. 411 instead seals records from public view, often after deferred adjudication. Call 1-844-690-0555 for free information on which one might fit you.

My teenager was arrested in Texas — are they charged as an adult?

It depends on age at the time of the offense. Texas's juvenile system covers ages 10–16; a 17-year-old is charged as an adult. For serious cases, a juvenile can face a determinate sentence of up to 40 years under Family Code § 53.045, or be certified to stand trial as an adult under § 54.02. These rules move fast and are easy to misread. Call 1-844-690-0555 for free guidance on a juvenile arrest.

There's a warrant out for my arrest in Texas — what should I do?

Don't ignore it and don't talk your way through it with police. A warrant won't disappear, and getting picked up unexpectedly is the worst time to make decisions. Understanding the charge, the likely court, and your bail options before you act can change the outcome. Call 1-844-690-0555 for free information on how Texas handles outstanding warrants and what your next step looks like.

Do I really need a lawyer for a misdemeanor in Texas?

A Class A or B conviction can mean real jail time and can block the nondisclosure sealing you'd otherwise preserve through deferred adjudication — so 'just a misdemeanor' often isn't minor at all. Whether you fight it, seek deferred adjudication, or take a plea has long consequences. Call 1-844-690-0555 for free information before you treat a misdemeanor as no big deal.

Could a Texas charge affect my immigration status?

It can. Immigration consequences are decided under federal law by USCIS and the immigration courts (EOIR), not by your Texas judge — and a plea that looks minor in state court (even deferred adjudication, which counts as a conviction for immigration purposes) can trigger removal or block a green card. If you're not a U.S. citizen, this is critical to sort out before you plead to anything. Call 1-844-690-0555 for free information, and tell us your status so we can flag it.

What happens at my first court date in Texas?

Your true first appearance is magistration within 48 hours — the magistrate reads the charges and warnings, sets bail under Chapter 17, and tells you how to request counsel. Later settings handle plea and pretrial matters; missing one can trigger bond forfeiture and a new warrant, and pretrial conditions like check-ins or no-contact orders start immediately. Call 1-844-690-0555 for free, plain-English information on what to expect and what not to miss.