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Your Midland Criminal Defense Attorney
Facing a criminal charge out of Midland means the case is assigned to a specific tier of Midland County’s court system: District Court for a felony, County Court at Law for a Class A or B misdemeanor. What Texas actually requires before bail is set, and how soon a court-appointed attorney has to be assigned, is covered further down this page. This isn’t just a filing formality: the classification a charge receives shapes the bail process, the potential sentence, and even whether a record can later be cleared.
Bail Isn't a Flat Fee Schedule Under Texas Law
Personal bonds, surety bonds, and cash bonds are all still available under Texas law, but since the Damon Allen Act, the decision has to reflect an individualized look at the specific case rather than a one-size-fits-all number tied only to the charge. A prior failure to appear is itself one of the factors weighed on any later bail decision in the same case, which is part of why the analysis looks backward as well as forward. 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’s counsel-appointment deadline scales with county population, and Midland County sits below the 250,000 threshold, so the applicable deadline is 3 working days rather than 1.
From Class C to Capital: How Texas Grades an Offense
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. DWI has its own escalation path under Penal Code Chapter 49, separate from the general classification ladder above: a first offense is a Class B misdemeanor (3 to 180 days, up to $2,000) unless the BAC is 0.15 or higher, which bumps it to a Class A; a second offense is a Class A misdemeanor with a mandatory minimum 30 days; a third is a third-degree felony. A DWI with a passenger under 15 in the vehicle is charged as a state jail felony under §49.045 regardless of whether it’s a first offense.
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Three of the Most Common Charges We See in Midland County
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. Theft under Penal Code §31.03 is graded entirely by dollar value: under $100 is a Class C misdemeanor, $100 to under $750 is Class B, and $750 to under $2,500 is Class A; above that, it becomes a felony, from a state jail felony ($2,500 to under $30,000) up through a first-degree felony at $300,000 or more. A drug possession charge’s severity turns on the specific substance’s penalty group and the weight alleged: Penalty Group 1 substances under §481.115 start at a state jail felony below 1 gram and climb from there, while marijuana, classified separately under §481.121 and not folded into the Penalty Group ladder, starts as a Class B misdemeanor under 2 ounces and doesn’t reach felony territory until 4 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. 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.
Midland County's Courts and Jail
The county seat, not necessarily Midland itself, is usually where Midland County’s main courthouse and jail are physically located, which can matter for anyone trying to attend a hearing or arrange a bond in person.
Also serving: our Odessa page, criminal defense attorneys serving Abilene.
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?
Because Midland County’s population is under 250,000, the Fair Defense Act allows 3 working days to appoint counsel, versus 1 working day in the state’s largest counties.
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.
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.
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.
Time Is Not on Your Side Here
The bail hearing, the counsel-appointment clock, and every deadline that follows in a Midland case doesn’t pause while someone decides how to respond; the sooner those decisions get real attention, the more options usually remain.
