Another option is for the magistrate to release the individual on a personal recognizance bond, which requires a small fee through a money order. If the bond is the result of a cash bond, most of it will be returned once the case is resolved, minus an administrative fee. Most bond companies typically require up to 20 percent of the bond amount before they will post a bond.

WAIVERS OF MAGISTRATE

To expedite the process of jail release, an attorney can perform a waiver of magistrate, also referred to as waivers of magistration. This will generally save the person in custody several hours of time. The process saves the person in custody from the formal process of going before a magistrate to be advised of his or her rights, having the bond set and having the charges explained to the individual.

This process, however, is only available if a recommended bond exists. For a recommended bond to exist, the arrest must have occurred as the result of an open warrant. If someone was arrested on-site, meaning there was no warrant and no recommended bond, a waiver of magistrate could not be performed and the person in custody would not be released without first appearing before a magistrate.

Related: See how a traffic lawyer in Georgetown can help with your traffic problems

MISDEMEANORS

There are three types of misdemeanor offenses in Texas. They include: Class A, Class B, and Class C misdemeanors.

PEN § 12.21 defines the punishment range for a Class A Misdemeanor:

An individual adjudged guilty of a Class A misdemeanor shall be punished by

• A fine not to exceed $4,000;
• Confinement in jail for a term not to exceed one year; or
• Both such fine and confinement.

PEN § 12.22 defines a Class B Misdemeanor:

An individual adjudged guilty of a Class B misdemeanor shall be punished by

• A fine not to exceed $2,000;
• Confinement in jail for a term not to exceed 180 days; or
• Both such fine and confinement.

PEN § 12.23 defines a Class C misdemeanor:

• An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

HOW LONG WILL IT TAKE TO RESOLVE MY MISDEMEANOR CASE?

When an individual is released from custody, he or she is provided with a court date. This date is generally set two to four weeks from the date of release. Once I am hired to represent you, I will reset your court date and you will no longer need to appear on the initial date.

Typically, two announcement court settings can be set to reach a plea agreement or possibly a dismissal. This process generally takes one to three months, but it can take longer. If an agreement isn’t met and the case goes to trial, the process could take six months or more.

FELONIES IN TEXAS

In Texas, four types of felony punishment ranges exist. They include First Degree Felony; Second Degree Felony; Third Degree Felony; and State Jail Felony. First degree felonies are the most serious and carry the most severe punishment.

PEN § 12.32 defines the punishment range for a First Degree Felony:

• An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years.
• In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.

PEN § 12.33 defines the punishment range for a Second Degree Felony:

• An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years.
• In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.

PEN § 12.34 defines the punishment range for a Third Degree Felony:

• An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.
• In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

PEN § 12.35 defines the punishment range of a State Jail Felony:

• Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
• In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.
• An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:

• (1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or
• (2) the individual has previously been finally convicted of any felony:
  • (A) under Section 21.02 or listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or
  • (B) for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.

HOW LONG WILL IT TAKE TO RESOLVE MY FELONY CASE?

Just like with a misdemeanor, when the client is released from custody, he or she is provided with a court date. With a felony, it’s important to retain an attorney (see more about an assault in Williamson County Attorney page) quickly because the initial court date cannot be reset. If the state is going to proceed with a trial, it must take your case before a grand jury and obtain an indictment. For that reason, felony cases can often last for six months or even longer if there is going to be a trial.