An arrest in Texas marks the start of the criminal process. In the hours and days that follow, the courts address matters such as booking, bail, and initial court appearances. The following overview explains what typically happens after an arrest in Travis County, Texas.
1. Booking After an Arrest
During booking, law enforcement records the arrest and enters identifying information and charges into the jail system. Officers typically take fingerprints and a photograph, and personal belongings are collected and stored. The individual is then usually placed in a holding area while waiting for the next step in the process.
2. Appearance Before a Magistrate
After booking, the arrested person must appear before a magistrate judge. In Texas, this usually happens within about 48 hours of the arrest. During this hearing, the magistrate explains the charges and informs the person of their legal rights. The judge may also address bail and determine whether the person can be released from custody while the case moves forward.
3. Bail Is Set
During the magistrate hearing, the judge may set bail. Bail allows a person to be released from jail while the case moves forward in court. When deciding whether to set bail and the amount, the judge looks at factors such as the seriousness of the alleged offense, the person’s criminal history, whether they may be a flight risk, and any concerns about public safety.
4. Paying Bail or Obtaining a Bond
Once bail is set, the person may be released by paying the bail amount directly to the court. Another option is to obtain a bond through a licensed bail bond company, which posts the bail on the person’s behalf for a fee. Either option allows the person to be released from jail while the case continues through the court system.
5. Release From Jail
Once bail or a bond is posted, the person may be released from jail while the case moves forward. In some situations, the court may also set conditions for release. The defendant is still required to appear at all scheduled court hearings and follow any conditions ordered by the judge. Failing to appear in court can lead to additional legal consequences.
6. The Prosecutor Reviews the Case
After the arrest, prosecutors review the evidence related to the case. Based on that review, they decide whether to file formal charges and how the case will move forward in court. In felony cases, the evidence may also be presented to a grand jury, which decides whether the case should proceed.
7. Arraignment and Court Proceedings
If charges are filed, the defendant will appear in court for arraignment. During this hearing, the charges are formally presented and the defendant enters a plea. After arraignment, the case may continue through additional court proceedings. These can include hearings, negotiations between the defense and the prosecutor, and in some cases, a trial.
Speak With a Travis County Criminal Defense Attorney
The early stages of a criminal case can move quickly, and legal guidance can help clarify the options available under Texas law. An experienced criminal defense attorney can review the circumstances of the arrest and explain the next steps in the process.
Granger and Mueller PC has represented clients facing criminal charges in Austin and Travis County, Texas since 1993. To speak with an Austin criminal defense attorney, call 512-474-9999 or fill out our online contact form now.