Instantly Connect For Your Criminal Defense Consultation When Filling Out Form
Your Brownsville Criminal Defense Attorney
Texas doesn’t route every criminal case to the same courthouse: in Cameron County, a felony charge against a Brownsville resident goes to District Court, while a Class A or B misdemeanor goes to County Court at Law. What Texas actually requires before bail is set, and how soon a court-appointed attorney has to be assigned, is covered further down this page. This isn’t just a filing formality: the classification a charge receives shapes the bail process, the potential sentence, and even whether a record can later be cleared.
Bail Isn't a Flat Fee Schedule Under Texas Law
Personal bonds, surety bonds, and cash bonds are all still available under Texas law, but since the Damon Allen Act, the decision has to reflect an individualized look at the specific case rather than a one-size-fits-all number tied only to the charge. A prior failure to appear is itself one of the factors weighed on any later bail decision in the same case, which is part of why the analysis looks backward as well as forward. Article 15.17 of the Code of Criminal Procedure puts a hard 48-hour clock on this: every arrested person has to appear before a magistrate within that window, be told the specific charges against them, have their right to an attorney explained, and have bail conditions set. The Fair Defense Act ties the counsel-appointment deadline to county population, and Cameron County clears the 250,000 threshold, which means the 1-working-day appointment deadline applies rather than the 3-day deadline a smaller county would have.
Texas's Offense Classifications and What Each One Carries
Under Penal Code Chapter 12, a state jail felony carries 180 days to 2 years in state jail; a third-degree felony carries 2 to 10 years; a second-degree felony carries 2 to 20 years; and a first-degree felony carries 5 to 99 years or life, and each felony tier also carries up to a $10,000 fine. Below the felony tiers, a Class A misdemeanor tops out at a year in county jail and a $4,000 fine, Class B at 180 days and $2,000, and Class C is fine-only, up to $500, with no jail time at all. A DWI with a passenger under 15 in the vehicle is charged as a state jail felony under Penal Code §49.045 regardless of whether it’s a first offense, a real escalation most first-time-DWI assumptions don’t account for. The more familiar escalation, Class B on a first offense, Class A with a mandatory 30-day minimum on a second, third-degree felony on a third, still applies to every other DWI arrest under §49.09.
Facing a criminal charge in Brownsville? Get matched with an attorney now.
Common Charges We Defend in Brownsville
A simple assault charge under §22.01 isn’t always the same offense: threatening someone or making offensive contact can be a fine-only Class C misdemeanor, while causing bodily injury is usually charged as a Class A misdemeanor, and certain victim categories, such as a public servant, a family member, or someone in a dating relationship, can push it to a felony instead. Theft under Penal Code §31.03 is graded entirely by dollar value: under $100 is a Class C misdemeanor, $100 to under $750 is Class B, and $750 to under $2,500 is Class A; above that, it becomes a felony, from a state jail felony ($2,500 to under $30,000) up through a first-degree felony at $300,000 or more. Drug possession charges depend on both the substance and the weight involved: under Health & Safety Code §481.115, possessing a Penalty Group 1 substance like cocaine or methamphetamine is a state jail felony under 1 gram, a third-degree felony from 1 to under 4 grams, and a second-degree felony from 4 to under 200 grams. Marijuana is classified separately under §481.121: under 2 ounces is a Class B misdemeanor, 2 to 4 ounces is a Class A misdemeanor, and 4 ounces to 5 pounds is a state jail felony.
Expunction and Nondisclosure Aren't the Same Thing Under Texas Law
Government Code §411.072 makes a nondisclosure order automatic for certain qualifying deferred adjudications after a 180-day wait, while §411.0725 requires a petition for felonies and other misdemeanors not covered by §411.072, two different mechanisms depending on the offense. Getting the wrong process started, filing for expunction on a case that actually needs a nondisclosure petition or the reverse, can waste real time, since the two statutes serve genuinely different situations. The waiting periods for expunction when no conviction resulted scale with the severity of the original charge: 180 days for a Class C misdemeanor, 1 year for a Class A or B, and 3 years for a felony.
Cameron County's Courts and Jail
Cameron County’s own District Clerk and County Clerk maintain the actual case records for a Brownsville criminal charge, separate from the county jail where a defendant would be held pending release.
Also serving: the Mcallen criminal defense resource, the Corpus Christi criminal defense resource, our coverage in San Antonio.
Frequently Asked Questions
How is bail set after an arrest in Cameron County?
A magistrate has to individually weigh the offense, the defendant’s ability to pay, public safety, and criminal history under the Damon Allen Act (CCP Art. 17.15), not apply a fixed bail schedule.
Why does county population matter for the appointment deadline?
Cameron County falls above the Fair Defense Act’s 250,000-population line, so the appointment clock is 1 working day, the faster of the two statutory tiers.
How much can a DWI actually cost in jail time?
A first DWI is typically a Class B misdemeanor (3 to 180 days) unless the BAC is 0.15 or higher (Class A, up to a year); a second offense is a Class A misdemeanor with a mandatory 30-day minimum; a third is a third-degree felony.
What turns a simple assault into aggravated assault?
Causing serious bodily injury or using or exhibiting a deadly weapon during the assault: either one moves the charge from Penal Code §22.01 to §22.02’s aggravated assault, a second-degree felony (or first-degree in certain family or dating-violence contexts).
Is an ALR suspension the same length as a DWI conviction’s license suspension?
No, they’re separate and can run for different lengths: an ALR suspension from refusing or failing a breath/blood test typically runs 90 days to 2 years depending on prior history, while a suspension following an actual DWI conviction is set separately under Transportation Code §524.
How long does a Texas expunction actually take once it’s eligible?
There’s no fixed statutory turnaround, but a Chapter 55A petition typically takes several months from filing to a court order once all agencies with the record have been properly served and given a chance to object.
Time Is Not on Your Side Here
Whether it’s a misdemeanor in County Court at Law or a felony in District Court, a Brownsville case moves forward with or without a defense strategy in place, which is exactly why getting one started early matters.
