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Your Frisco Criminal Defense Attorney
In Texas, the severity of the charge decides the courtroom: a Frisco felony case goes to Collin County’s District Court, while a Class A or B misdemeanor goes to its County Court at Law. The specific classification a charge falls into, and what that means for sentencing and bail, is covered further down this page. Working through these distinctions early, rather than after a hearing has already happened, is usually the more effective approach.
Bail, Personal Bonds, and the Right to Counsel
Under Article 17.15 of the Texas Code of Criminal Procedure, as amended by the Damon Allen Act, bail can’t be used as ‘an instrument of oppression’: a magistrate has to consider the specific offense, the defendant’s ability to pay, public safety, and criminal history before setting an amount or granting a personal bond. A surety bond through a licensed bail bondsman, typically at a set percentage of the total bail amount, remains the most common way most defendants actually post bail once an amount is set. 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 Collin 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. A defendant who can’t make bail isn’t without options: a personal bond, released without posting money but with conditions attached, is available under the same individualized-factor analysis.
How Texas Classifies and Punishes a Criminal Charge
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. Separate from the criminal case, a DWI arrest triggers a civil, administrative consequence: under Transportation Code §724.041, a driver has only 15 calendar days from notice to request a hearing on the license suspension, or the suspension takes effect automatically 40 days after notice. That administrative process runs on its own clock under Texas’s implied-consent law and proceeds independently of whatever happens in the criminal case itself.
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How Texas Grades Assault, Theft, and Drug Possession Charges
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. The dollar amount alleged to have been taken is what actually determines a theft charge’s severity under §31.03: misdemeanor tiers run from under $100 (Class C) to under $2,500 (Class A), while felony tiers start at $2,500 (state jail felony) and climb to $300,000 or more (first-degree felony). 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.
Can a Criminal Record in Frisco, Texas Be Cleared?
Texas offers two genuinely different record-clearing paths, and which one applies depends entirely on how the case ended: expunction under Code of Criminal Procedure Chapter 55A destroys the record but only when there was no conviction, meaning an acquittal, a dismissal, or a case where the statute of limitations ran without an indictment, after a waiting period of 180 days (Class C), 1 year (Class A/B), or 3 years (felony). A successfully completed deferred adjudication doesn’t qualify for expunction at all; that’s what a Government Code Chapter 411 nondisclosure order is for instead, and the two statutes aren’t interchangeable.
Collin County's Courts and Jail
Allen isn’t Collin County’s seat: an arrest there is processed at the Russell A. Steindam Courts Building in McKinney, where the county’s District Courts sit, and booked at the Collin County Sheriff’s Office Detention Center, also in McKinney, a separate facility from the courthouse itself.
Nearby cities we also cover: our Plano page, Lewisville criminal defense attorneys, criminal defense representation from Richardson.
Frequently Asked Questions
Can bail be denied entirely in Texas?
Yes, in narrow circumstances: Texas Constitution Article I, Section 11(a) allows bail to be denied for certain repeat felony offenders, a felony committed while already on bail, or a violent or sexual offense committed while on bail or parole.
Why does county population matter for the appointment deadline?
In Collin 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.
Can a Class C misdemeanor in Texas result in jail time?
No, a Class C misdemeanor under Penal Code §12.23 is fine-only, up to $500, with no jail exposure at all, the mildest of Texas’s three misdemeanor classes.
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.
Does a DWI arrest affect a driver’s license before the criminal case is decided?
Yes, under Transportation Code §724.041, a driver has only 15 days from notice to request an Administrative License Revocation hearing, a civil process that runs independently of the criminal case.
What’s the difference between expunction and a nondisclosure order?
Expunction (CCP Ch. 55A) destroys a record but only when there was no conviction; a nondisclosure order (Gov’t Code Ch. 411) seals a record from public view after successfully completed deferred adjudication, without destroying it.
Every Decision From Here Matters
From the moment of arrest, a Frisco criminal case starts moving immediately, and decisions made in the first few days can shape everything that follows.
