If you’ve been charged with a crime in Montgomery County, knowing what to expect at each stage of the criminal process can make a world of difference. From arrest to trial, each step follows a set of strict legal rules and timelines. Understanding these procedures helps you protect your rights and prepare effectively with your attorney.
The Structure of Montgomery County’s Criminal Courts
Criminal cases in Montgomery County are handled according to the severity of the alleged offense. The Texas court system divides cases among several levels of courts, each with its own jurisdiction and authority.
Where Your Case Begins
- Justice of the Peace Courts (JP Courts): Handle minor offenses such as traffic violations and Class C misdemeanors (fines only).
- County Courts at Law: Handle Class A and Class B misdemeanors, such as DWI, theft under $2,500, or assault causing bodily injury.
- District Courts: Handle felony offenses such as burglary, aggravated assault, or drug trafficking.
Each court operates under Texas state law and the Texas Rules of Criminal Procedure, but local rules also apply within Montgomery County. Knowing which court your case is assigned to is crucial, as it affects how the case progresses and how quickly it moves through the system.
Arrest and Booking
The first step in any criminal case is an arrest or citation. If law enforcement officers believe probable cause exists, they can arrest you and transport you to the Montgomery County Jail for booking. During booking, fingerprints, photographs, and identifying information are recorded.
After arrest, Texas law requires that you be brought before a magistrate judge without unnecessary delay—typically within 48 hours. During this initial appearance, you’ll be informed of your charges, your rights, and whether bail will be set.
Under Article 15.17 of the Texas Code of Criminal Procedure, the magistrate must:
- Explain your rights (including your right to remain silent and right to counsel).
- Determine if probable cause exists.
- Set bail or release conditions.
If you’re released on bond, you’ll receive your first court date, usually called an arraignment.
The Arraignment Process
The arraignment is your first formal court appearance in the criminal process. It’s when the charges against you are officially presented and you enter an initial plea. Most defendants plead “not guilty” at this stage to allow time to review the evidence and discuss options with their attorney.
During arraignment, the judge will:
- Confirm your identity and charges.
- Ask for your plea.
- Review or modify bail conditions.
- Schedule future court dates for discovery or pretrial hearings.
If you have an attorney, they can often appear on your behalf and waive formal reading of the indictment to expedite proceedings.
Misdemeanor vs. Felony Case Procedures
Montgomery County’s criminal procedures differ depending on the type of charge filed.
Misdemeanor Cases
Misdemeanors are prosecuted in the Montgomery County Courts at Law. These cases usually involve shorter timelines and less complex discovery. After arraignment:
- The District Attorney’s Office provides discovery (evidence) to your defense attorney.
- Pretrial hearings may address motions to suppress evidence or plea discussions.
- If no plea agreement is reached, the case is scheduled for trial.
In misdemeanor cases, you have the right to a jury trial, though many defendants opt for a bench trial (trial before a judge) or negotiate plea agreements that can lead to deferred adjudication or probation.
Felony Cases
Felony cases are handled in the District Courts of Montgomery County, including the 9th, 221st, 284th, 359th, 410th, and 435th Judicial District Courts.
After an arrest for a felony:
- The District Attorney presents evidence to a grand jury.
- If the grand jury finds probable cause, it issues an indictment (formal charge).
- The case then proceeds to arraignment in District Court.
Felony trials are more complex, involving extensive discovery, pretrial motions, and potential expert testimony.
The Pretrial Phase: Discovery and Motions
Once charges are filed and arraignment is complete, your case moves into the pretrial phase. This is often the most important part of your defense.
Discovery
During discovery, both sides exchange evidence and witness information. Your defense attorney will review the prosecution’s materials—such as police reports, lab results, and body-cam footage—and may request additional evidence through subpoenas.
If law enforcement obtained evidence improperly (such as through an unlawful search), your attorney can file a motion to suppress to prevent that evidence from being used against you.
Motions and Hearings
Common motions filed before trial include:
- Motion to Dismiss: Asks the court to drop the case due to insufficient evidence or procedural errors.
- Motion to Suppress Evidence: Requests that illegally obtained evidence be excluded.
- Motion for Discovery: Seeks specific information or documents from the prosecution.
Montgomery County’s Local Rules of the District Courts detail how motions are scheduled and heard, ensuring each party has a fair opportunity to argue its position.
Plea Bargains and Case Negotiations
Many criminal cases in Montgomery County are resolved through plea agreements rather than trials. Plea negotiations can occur at any stage but are most common during the pretrial period.
A plea bargain may involve:
- A reduction in charges (for example, from a felony to a misdemeanor).
- A recommendation for a lighter sentence.
- Alternative sentencing options such as deferred adjudication or community supervision.
Deferred adjudication allows you to avoid a conviction on your record if you successfully complete probation terms. However, failure to comply can result in the court entering a guilty finding and imposing the original sentence.
Having an experienced defense attorney during plea discussions ensures that you understand all possible outcomes before agreeing to any deal.
The Trial Process
If a plea agreement isn’t reached, your case will proceed to trial.
Jury Selection
Felony defendants have the right to a jury trial of 12 jurors; misdemeanor defendants are tried by a jury of six. During voir dire, both sides question potential jurors to identify bias or conflict of interest.
Presentation of Evidence
- The prosecution presents its case first, calling witnesses and submitting evidence.
- The defense then presents its side, introducing its own witnesses and challenging the state’s evidence.
- Both sides deliver closing arguments before the jury deliberates.
Verdict
Once deliberations conclude, the jury returns one of three outcomes:
- Guilty
- Not guilty
- Hung jury (unable to agree, possibly leading to a retrial)
If found guilty, sentencing may occur immediately or at a separate hearing.
Sentencing and Appeals
Sentencing in Montgomery County depends on several factors, including the severity of the offense, your prior criminal history, and whether you accepted a plea deal.
Sentencing Options
Possible penalties include:
- Jail or prison time.
- Probation or community supervision.
- Fines and restitution.
- Mandatory counseling, treatment, or community service.
Appeals
If you’re convicted and believe legal errors occurred, you may file an appeal to the Ninth Court of Appeals (based in Beaumont, which has jurisdiction over Montgomery County). An appeal reviews the trial record for procedural or constitutional violations—not factual disputes.
Your attorney must file a Notice of Appeal within 30 days of sentencing.
Common Terms to Know
Understanding legal terminology helps you follow your case more effectively:
- Arraignment: First court appearance where charges are read and a plea is entered.
- Indictment: A formal charge issued by a grand jury in felony cases.
- Information: The charging document for misdemeanors filed by the prosecutor.
- Motion: A formal request for the court to take action (e.g., suppress evidence).
- Discovery: Exchange of evidence and information between prosecution and defense.
- Bench Warrant: A warrant issued for failing to appear in court.
- Deferred Adjudication: A form of probation that may avoid conviction if successfully completed.
Tips for Defendants in Montgomery County
While only your attorney can advise on specific legal strategies, there are general steps every defendant can take to stay organized and informed:
- Keep all paperwork. Court notices, bail receipts, and charging documents contain vital information about your case and hearing dates.
- Attend every hearing. Missing a court appearance can result in an arrest warrant and loss of bond.
- Follow bond conditions. If the court imposes travel restrictions or drug testing, follow them closely.
- Communicate with your lawyer. Keep your attorney updated on any contact from law enforcement or new evidence.
- Check your case status online. The Montgomery County District Clerk and County Clerk websites provide docket search tools for tracking your case progress.
Why Local Experience Matters
Criminal defense in Montgomery County requires more than just legal knowledge—it demands local courtroom experience. Each court has its own judges, prosecutors, and unwritten procedural expectations.
The team at Morgan Bourque Attorney at Law has deep familiarity with how local courts operate—from the County Courts at Law to the District Courts. This insight allows the firm to anticipate procedural nuances, engage effectively with prosecutors, and build strong defenses for clients facing both misdemeanors and felonies.
Whether you’re charged with DWI, drug possession, assault, or theft, working with a local defense attorney who understands Montgomery County’s judicial system can make the difference between a conviction and a second chance.
Final Thoughts
The criminal process in Montgomery County follows a strict path—from arrest to potential appeal—but every step offers opportunities for a skilled defense strategy. By understanding where your case stands and what comes next, you can stay informed and proactive throughout the journey.
No matter how serious your charges may seem, you are presumed innocent until proven guilty, and you have the right to competent legal counsel every step of the way.
If you’ve been arrested or charged with a crime in Montgomery County, contact Morgan Bourque Attorney at Law through (713) 766-6001 to schedule a confidential consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.