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Your Lewisville Criminal Defense Attorney
In Lewisville, Texas, a criminal charge is heard in one of two very different courts depending on its severity: Denton County’s District Court for a felony, or its County Court at Law for a Class A or B misdemeanor, with Justice or Municipal Court handling a fine-only Class C. The real bail-setting factors a magistrate has to weigh, and the counsel-appointment deadline that applies in Denton County specifically, are covered further down this page. A case’s outcome often turns as much on procedural details like this as on the underlying facts, which is part of why understanding the structure early can matter.
Getting Released Before Trial: Bail in Lewisville, Texas
A magistrate setting bail in Texas has to do more than consult a bond schedule: the Damon Allen Act’s factors, meaning offense severity, ability to pay, victim and community safety, and criminal history including prior failures to appear, all have to be considered before bail is set or a personal bond is granted. The public safety report system created alongside the Damon Allen Act gives the magistrate access to a defendant’s criminal history and any family-violence record before that decision is made, not afterward. Before any of this happens, Article 15.17 of the Code of Criminal Procedure requires a magistration hearing within 48 hours of arrest, the point where the charges are formally read, the right to counsel is explained, and a magistrate first sets bail conditions. Because Denton County’s population exceeds 250,000, the Fair Defense Act (Code of Criminal Procedure Article 1.051) requires a court to appoint counsel for an indigent defendant within 1 working day of the request, not the longer 3-day window smaller counties get.
How Texas Classifies and Punishes a Criminal Charge
Not every criminal charge in Texas carries the same weight: Penal Code Chapter 12 separates misdemeanors (Class C, fine-only up to $500; Class B, up to 180 days and $2,000; Class A, up to a year and $4,000) from felonies (state jail felony at 180 days to 2 years; third-degree at 2 to 10 years; second-degree at 2 to 20 years; first-degree at 5 to 99 years or life), each with its own punishment range and up to a $10,000 fine at the felony level. Texas’s implied-consent law means a DWI arrest can affect a driver’s license before the criminal case is even resolved: the 15-day ALR hearing-request window under Transportation Code §724.041 runs on its own clock, independent of the criminal court process. On the criminal side, the offense itself escalates from a Class B misdemeanor on a first offense up through a third-degree felony on a third, under Penal Code §49.09.
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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). 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 Lewisville, 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.
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.
Nearby cities we also cover: criminal defense attorneys serving Frisco.
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.
Is there a real difference in appointment speed between counties?
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.
What’s the practical difference between probation and deferred adjudication in Texas?
Regular probation still results in a final conviction on the record even if completed successfully; deferred adjudication avoids a final conviction altogether if probation is completed, which is why it’s often eligible for a nondisclosure order later and regular probation generally isn’t.
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.
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.
What You Do Next Matters
From the moment of arrest, a Lewisville criminal case starts moving immediately, and decisions made in the first few days can shape everything that follows.
