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Your Denton Criminal Defense Attorney
A criminal charge filed against a Denton resident is heard in Denton County’s District Court if it’s a felony, or its County Court at Law if it’s a Class A or B misdemeanor; Texas’s three-tier criminal court structure applies the same way here as anywhere else in the state. What actually happens between arrest and that first court date, including bail and the right to counsel and how quickly either has to happen, is covered further down this page. That distinction isn’t a technicality: it decides which court has jurisdiction, what the punishment range looks like, and how the case proceeds from the first hearing forward.
Bail and Pretrial Release in Denton County
Bail reform in Texas didn’t eliminate bail; it changed how it’s set: a magistrate now has to weigh the Damon Allen Act’s specific factors, and Texas Constitution Article I, Section 11(a) still allows bail to be denied outright for certain repeat or violent offenders. Short of that narrow denial power, every other case still proceeds through an individualized bail-setting process rather than a flat schedule tied only to the charge. That bail decision doesn’t happen in a vacuum: Code of Criminal Procedure Article 15.17 requires every arrested person to be brought before a magistrate within 48 hours, where the specific charges are read, the right to an attorney is explained, and bail conditions are actually set. Denton County’s population puts it over the Fair Defense Act’s 250,000 threshold, which means an indigent defendant who requests appointed counsel is entitled to have an attorney appointed within 1 working day of that request. Certain repeat or violent offenders can have bail denied outright under Article I, Section 11(a) of the Texas Constitution, a narrower exception than the general bail-setting process most cases go through.
What a Conviction in Denton County Could Mean
Texas Penal Code Chapter 12 grades every offense on a specific ladder: a Class C misdemeanor is fine-only (up to $500, no jail), Class B carries up to 180 days and a $2,000 fine, and Class A carries up to a year and a $4,000 fine. Felonies escalate further and carry up to a $10,000 fine at every tier: a state jail felony runs 180 days to 2 years in state jail, a third-degree felony runs 2 to 10 years, a second-degree felony runs 2 to 20 years, and a first-degree felony runs 5 to 99 years or life. A DWI charge in Texas escalates by prior offense count: a first offense is typically a Class B misdemeanor, a second is a Class A misdemeanor carrying a mandatory 30-day minimum, and a third is charged as a third-degree felony under Penal Code §49.09. Separate from all of that, a DWI arrest also triggers a civil, administrative consequence: under Transportation Code §724.041, a driver has only 15 days from notice to request a hearing on the license suspension, or the suspension takes effect automatically.
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Common Charges We Defend in Denton
Assault under Penal Code §22.01 covers a wide range of conduct: a threat or offensive contact alone can be a Class C misdemeanor, while causing actual bodily injury is typically a Class A misdemeanor, but the charge escalates to a felony when the alleged victim is a public servant, a family member, or someone in another protected category. Texas doesn’t charge every theft the same way: §31.03 scales the classification directly to the value taken, from a Class C misdemeanor under $100 through a state jail felony at $2,500, and on up to a first-degree felony once the value reaches $300,000. Texas grades drug possession by weight, not a flat charge: a Penalty Group 1 substance (§481.115), with cocaine and methamphetamine as common examples, is a state jail felony under 1 gram, escalating to a third-degree felony at 1 to under 4 grams and a second-degree felony at 4 to under 200 grams. Marijuana runs on its own separate scale under §481.121, starting at a Class B misdemeanor under 2 ounces.
What Texas Actually Offers: Expunction or Nondisclosure
Expunction (Code of Criminal Procedure Chapter 55A, which replaced the former Chapter 55 on January 1, 2025) is not available for a conviction or for successfully completed deferred adjudication; that’s what an order of nondisclosure, under Government Code Chapter 411, is actually for. Certain offenses are permanently excluded from nondisclosure no matter how the case resolved, including any offense involving family violence and most sex offenses.
Denton County's Courts and Jail
Every criminal case in Denton County, from a Class B misdemeanor up through capital murder, is heard at the Denton County Courts Building, which houses all 5 County Criminal Courts and all 12 District Courts under one roof alongside the District Attorney’s Office. Lewisville is one of a handful of Denton County cities with its own local holding facility, where an arrest can be held before transfer to the county jail rather than going there directly.
Other Texas cities nearby: our Hurst page, criminal defense representation from Lewisville, criminal defense attorneys serving North Richland Hills, Allen criminal defense attorneys.
Frequently Asked Questions
What’s a personal bond, and is it available?
A personal bond releases a defendant without posting money, subject to conditions, and it’s evaluated under the same Damon Allen Act factors as any other bail decision.
How fast does an appointed attorney have to be assigned?
In Denton County, which is over the Fair Defense Act’s 250,000-population threshold, appointed counsel must be assigned within 1 working day of the request.
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.
Is marijuana possession charged the same as other drug possession?
No, marijuana is classified separately under Health & Safety Code §481.121, not under the Penalty Group ladder other drugs fall under: under 2 ounces is a Class B misdemeanor, while a Penalty Group 1 substance like cocaine can already be a state jail felony at under 1 gram.
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.
Does a nondisclosure order remove a record from a background check entirely?
Not from every one: a nondisclosure order under Government Code Chapter 411 seals a record from public and most private-employer background checks, but the record remains visible to certain government agencies and licensing boards.
Don't Face This Alone
From the moment of arrest, a Denton criminal case starts moving immediately, and decisions made in the first few days can shape everything that follows.
