How criminal cases work in Harris County
Most Harris County criminal cases move through the courts downtown at the Criminal Justice Center on Franklin Street. Felony cases are handled by criminal district courts. Misdemeanor cases go to the county criminal courts at law. Which court your case lands in depends on the charge.
The rough sequence looks like this:
Arrest and booking. You are processed, and a magistrate sets a bond amount. This is also where you are asked whether you can afford an attorney.
Bond. You either post bond and get released, or you remain in custody while the case moves forward. Bond can be posted in cash, through a bail bond company for a fee, or in some cases a personal bond.
First setting. Your first court date, usually within a few weeks. The charge is formally addressed and your attorney gets access to the State's evidence.
Pretrial settings. Most cases have several. Your attorney reviews evidence, files motions, and negotiates with the prosecutor. This is where the majority of cases are actually resolved.
Resolution. A case ends in a dismissal, a plea agreement, or a trial. The large majority never reach a jury.
Misdemeanor or felony, and why it matters
Texas sorts criminal charges by severity, and the level of the charge drives everything else, including the potential punishment, which court hears it, and what an attorney will charge to defend it.
Misdemeanors are the lower tier. Class C is the least serious and typically carries a fine. Class B and Class A can carry county jail time. Common misdemeanor charges include first-offense DWI, theft under a certain dollar amount, possession of small quantities, and simple assault.
Felonies are more serious and carry the possibility of state prison. Texas divides them into state jail felonies and first, second, and third degree felonies, plus capital offenses. Common felony charges include aggravated assault, robbery, serious drug charges, and repeat DWI.
If you do not know which level you are facing, the charging paperwork you received at booking will say. It matters, so it is worth confirming before you start calling attorneys.
DWI cases in Houston
DWI is one of the most common charges in Harris County, and it works differently enough from other misdemeanors to be worth understanding on its own.
A first DWI is generally a Class B misdemeanor. A second is typically a Class A. A third can be charged as a felony. Enhancements apply in some circumstances, including a high blood alcohol result or a child passenger in the vehicle.
DWI defense also tends to be more technical than other misdemeanors. Breath and blood testing, the traffic stop itself, field sobriety testing procedure, and the maintenance records of testing equipment are all areas a defense attorney may examine. That technical work is part of why DWI fees vary so widely.
What to look for in a criminal defense attorney
Ask how often they handle your specific charge. Criminal defense is broad. An attorney who spends most of their time on DWI is working from a different playbook than one who mostly handles drug cases. Ask directly.
Ask whether they practice in Harris County regularly. Local practice matters. Knowing the courts, the prosecutors, and how a particular court handles a particular kind of case is a practical advantage.
Ask what the fee covers, and what it does not. Some fees cover the case through a plea but not through trial. Some exclude investigator or expert costs. Get the boundaries in writing.
Ask who will actually appear on your case. In larger firms the attorney you meet is not always the one standing next to you in court.
Ask what happens if the case goes to trial. Trial is expensive and most cases do not go, but you want to know the terms before you are in that position.
What criminal defense costs in Houston
Most Houston criminal defense is billed as a flat fee, quoted per case rather than per hour. Some attorneys bill hourly, especially on complex or long-running felony matters, and some do both depending on the case.
Fees vary widely, and the honest reason is that the work varies widely. A misdemeanor resolved at an early setting is a different amount of work than a felony that goes to trial with expert witnesses. That is why you will often see an attorney quote a range rather than a single number. The low end usually reflects a case resolved without trial, and the high end reflects a fully contested case.
Ask what moves a case toward the top of the range. A good attorney can explain it in a sentence.
If you cannot afford an attorney, you have the right to court-appointed counsel, and you should say so at your first opportunity. Many people who start with appointed counsel later retain a private attorney once family is able to help. That is normal and you are allowed to do it.
How Law Book helps
Law Book is a free app that helps you find licensed Houston-area criminal defense attorneys who handle your specific charge.
You tell it what you are dealing with, where you are, and what you can pay. It shows you licensed attorneys who fit, along with their fees, so you know what an attorney charges before you ever pick up the phone. You choose who to contact, and you contact them directly.
Attorneys are shown in random order. No attorney can pay to appear first or higher. There is no paid placement on Law Book, and there never will be. We do not sell your information, and we are not paid a referral fee for any case.
Law Book is a filtered attorney advertising platform. It is not a law firm, not a referral service, and nothing here is legal advice.
Find an attorney
Licensed criminal lawyers in the Houston area, in random order.
Download the free Law Book app, answer a few questions, and see licensed attorneys who fit, along with their fees, before you call anyone.
Free for clients. Attorneys appear in random order. No paid placement. How Law Book works