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Your Amarillo Criminal Defense Attorney
An arrest in Amarillo, Texas moves fast: Potter County’s District Court will handle the case if it’s charged as a felony, while its County Court at Law handles it if it’s charged as a Class A or B misdemeanor, and which court applies depends on how the offense is classified from the start. How bail gets set, and how quickly an appointed attorney has to show up, are both covered further down this page. None of this is unique to Amarillo; the same three-tier structure applies across Texas, though the specific court a case lands in still depends on Potter County.
What Happens Between Arrest and Bail in Potter County
Texas’s Constitution guarantees a right to bail for every offense except a capital one where the proof is evident (Article I, Section 11), but the amount itself isn’t automatic: the Damon Allen Act requires an individualized weighing of the offense, ability to pay, public safety, and criminal history. Certain repeat or violent offenders can still have bail denied outright under Article I, Section 11(a): a felony committed while already on bail, a deadly-weapon felony after a prior conviction, or a violent or sexual offense committed while on bail or parole. 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. Potter County‘s population falls under 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 3 working days of that request, rather than the 1-day deadline a larger county carries.
Penalties Under Texas Law: What a Conviction Actually Means
The classification a charge receives under Penal Code Chapter 12, spanning a fine-only Class C misdemeanor up through a first-degree felony’s 5-to-99-year range, determines both which court hears it and what a conviction can actually carry. A state jail felony, the lowest felony tier at 180 days to 2 years, is still served in a state jail facility rather than county jail or prison, and still carries a felony record even at that lower end of the range. 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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Understanding a Charge: Assault, Theft, or Drug Possession
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. 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.
Two Different Paths to Clearing a Record in Texas
An order of nondisclosure isn’t the same as expunction: under Government Code Chapter 411, Subchapter E-1, it seals a record from public and private access after successfully completing deferred adjudication, but law enforcement retains access; it doesn’t destroy the record the way expunction does. Government Code §411.072 makes the order automatic for certain qualifying offenses after a 180-day wait, while §411.0725 requires filing a petition for felonies and other misdemeanors §411.072 doesn’t cover. A nondisclosure order doesn’t erase the underlying event the way expunction does; it restricts who can see it, while law enforcement and certain licensing agencies can still access it.
Potter County's Courts and Jail
Potter County’s own District Clerk and County Clerk maintain the actual case records for an Amarillo criminal charge, separate from the county jail where a defendant would be held pending release.
Closest service areas: our Midland page, our Wichita Falls page, our coverage in Odessa.
Frequently Asked Questions
How is bail set after an arrest in Potter 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.
How fast does an appointed attorney have to be assigned?
Potter County falls below the Fair Defense Act’s 250,000-population line, so the appointment clock is 3 working days, the slower of the two statutory tiers.
What’s the difference between a state jail felony and a third-degree felony?
A state jail felony carries 180 days to 2 years in state jail; a third-degree felony carries 2 to 10 years in prison, different facilities and a meaningfully different range under Penal Code Chapter 12.
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.
What happens if I don’t request an ALR hearing in time?
The 15-day window under Transportation Code §724.041 isn’t extendable; missing it results in an automatic license suspension taking effect on day 40 after the arrest, regardless of how the underlying criminal DWI case turns out.
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.
Start Building a Defense Now
The bail hearing, the counsel-appointment clock, and every deadline that follows in an Amarillo case doesn’t pause while someone decides how to respond; the sooner those decisions get real attention, the more options usually remain.
