Instantly Connect For Your Criminal Defense Consultation When Filling Out Form
Your Allen Criminal Defense Attorney
In Texas, the severity of the charge decides the courtroom: an Allen 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.
How Texas Classifies and Punishes a Criminal Charge
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 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 Allen? Get matched with an attorney now.
Three of the Most Common Charges We See in Collin County
Not every assault charge in Texas carries the same weight: §22.01 grades a threat or offensive contact as a Class C misdemeanor and actual bodily injury as a Class A misdemeanor, while §22.02’s aggravated assault, meaning serious bodily injury or use of a deadly weapon, is a second-degree felony, or a first-degree felony when a deadly weapon and serious bodily injury combine in a family or dating-violence context. 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). 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.
Can a Criminal Record in Allen, 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.
Not a criminal case? our Allen personal injury page covers accidents, falls, and other injury claims.
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 quickly will I actually get a court-appointed lawyer?
Because Collin County’s population is over 250,000, the Fair Defense Act requires appointed counsel within 1 working day, not the 3-day window smaller counties get.
Does a prior conviction affect how a new charge is sentenced in Texas?
Yes, Penal Code Chapter 12’s habitual/repeat-offender enhancements can raise a charge’s punishment range by a full degree or more for a second or subsequent felony, on top of whatever the current charge alone would carry.
When does a theft charge become a felony in Texas?
At $2,500 or more in alleged value; below that, theft under Penal Code §31.03 is a misdemeanor (Class C under $100, Class B under $750, Class A under $2,500), and at $2,500 it becomes a state jail felony, escalating from there by value.
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.
Is there a waiting period before petitioning for a nondisclosure order?
Yes, and it varies by offense: some misdemeanors qualify immediately after successfully completing deferred adjudication, while others (and most felonies) require a 2 or 5-year waiting period under Government Code Chapter 411 before the petition can be filed.
Every Decision From Here Matters
From the moment of arrest, an Allen criminal case starts moving immediately, and decisions made in the first few days can shape everything that follows.
