Facing Charges: What Happens Next?

The usual steps after an arrest, in plain language. Every case is different.

After an arrest, it can feel like everything is happening at once and no one is explaining anything. Most criminal cases in Texas follow the same general path. Knowing the steps can make the process less frightening.

The usual path

Four steps, in plain words.

1

Arrest and bond

A judge sets bond and the rules you must follow while you're out.

2

First court date

The case gets a court and a date. Your attorney can often go for you.

3

Evidence and talks

Your attorney reviews the evidence and talks with the prosecutor.

4

How the case ends

A dismissal, a plea agreement, or a trial.

Every case is different. The steps and timing depend on the charges, the court, and the facts.

1. Arrest and bond

After an arrest, the person is booked into jail. Soon after, a judge called a magistrate explains the charge and sets bond: what it takes to be released while the case goes on. Bond can be paid in cash, posted through a bondsman, or, in some cases, granted as a personal bond with no money up front.

The magistrate may also set bond conditions, such as no contact with a certain person, no alcohol, drug testing, or an ignition interlock device. These rules matter: breaking one can send someone back to jail, even if the case itself is going well.

If someone you love was just arrested, see Someone I Love Was Arrested.

2. First court date

The case is assigned to a court. Misdemeanors usually go to a county criminal court; felonies go to a district court, often after a grand jury decides whether to formally charge the case. It can take a while for a case to be formally filed, and that is normal.

Early court dates are often short. The charge is read, the case is scheduled, and the next date is set. With many charges, your attorney can handle these dates for you. Never miss a court date unless your attorney has told you that you don't need to be there.

3. Reviewing the evidence and talks with the prosecutor

This is usually the longest part of a case, and often where the most important work happens. Your attorney:

  • Gets and studies the evidence: police reports, video, lab results and witness statements
  • Looks for problems, such as an unlawful stop or search, or a weak or inconsistent account
  • May ask the judge to keep out evidence that was gathered the wrong way
  • Talks with the prosecutor about the case, including dismissal, a lesser charge, or a program

Several court dates may pass during this stage, and many of them are brief check-ins. Long quiet stretches are normal.

4. How a case ends

  • Dismissal. The charge is dropped, and the case ends without a conviction.
  • Plea agreement. An agreement with the prosecutor, often to a lesser charge, a set punishment, probation or a program. You always decide whether to accept it.
  • Trial. A judge or jury hears the evidence and decides whether the State has proved the charge beyond a reasonable doubt.

After a case ends, some people can later clear or seal their record. See Expunctions and Nondisclosures.

Attorneys Eric Nickols and Harry White reviewing a case at a table of law books
Eric Nickols and Harry White

How we guide you through it

We explain each step before it happens, tell you which court dates you must attend, and contact you when something meaningful happens in your case. Clients can message their legal team any time through MyCase, our secure client portal.

Federal cases follow a different path. See Federal Criminal Defense.

This page is general information, not legal advice. Every case is different, and the steps and timing depend on the charges, the court, and the facts.

Talk with an attorney. The first consultation is free.