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Your Richardson Criminal Defense Attorney
An arrest in Richardson, Texas moves fast: Dallas 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 Richardson; the same three-tier structure applies across Texas, though the specific court a case lands in still depends on Dallas County.
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 ties the counsel-appointment deadline to county population, and Dallas 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.
Penalties Under Texas Law: What a Conviction Actually Means
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. 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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Common Charges We Defend in Richardson
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. 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.
Dallas County's Courts and Jail
Dallas County splits booking and the courtroom across two separate buildings: an arrest is processed at the Lew Sterrett Justice Center on Commerce Street, while the case itself is heard blocks away at the Frank Crowley Courts Building on North Riverfront Boulevard, which holds 17 Criminal District Courts hearing felonies (on the building’s 5th, 6th, and 7th floors specifically) alongside 11 County Criminal Courts hearing Class A and B misdemeanors.
The Dallas County District Attorney’s Office is a large operation by design: over 300 attorneys and staff prosecute more than 40,000 cases a year out of that office alone. The Dallas County Sheriff’s Office, which runs the Lew Sterrett jail, operates one of the seven largest county jails in the entire country by population, not just the largest in Texas.
Closest service areas: Plano criminal defense attorneys.
Frequently Asked Questions
How is bail set after an arrest in Dallas 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 quickly will I actually get a court-appointed lawyer?
In Dallas 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.
How much can a DWI actually cost in jail time?
A first DWI is typically a Class B misdemeanor (3 to 180 days) unless the BAC is 0.15 or higher (Class A, up to a year); a second offense is a Class A misdemeanor with a mandatory 30-day minimum; a third is a third-degree felony.
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.
How long does a Texas expunction actually take once it’s eligible?
There’s no fixed statutory turnaround, but a Chapter 55A petition typically takes several months from filing to a court order once all agencies with the record have been properly served and given a chance to object.
Time Is Not on Your Side Here
The bail hearing, the counsel-appointment clock, and every deadline that follows in a Richardson case doesn’t pause while someone decides how to respond; the sooner those decisions get real attention, the more options usually remain.
