How Misdemeanor Cases Move Through Lamar County Courts (Paris, Texas)

How Misdemeanor Cases Move Through Lamar County Courts (Paris, Texas)

If you’ve been arrested in Lamar County for a misdemeanor—whether it’s a DWI, a family-violence allegation, or another charge—the process usually follows a predictable path. Knowing the steps helps you make better decisions early, when the case can still be shaped.

For Lamar County-specific help, see: https://www.johnhickmanlaw.com/lamar-county-criminal-defense

1) Arrest (and what happens right after)

Most misdemeanor cases start with an arrest—either after a traffic stop (common in DWI cases) or after a call for service (common in assault/family-violence allegations).

Two practical points that matter early:

  • Some situations affect whether an officer can arrest without a warrant. Texas law has detailed rules on warrantless arrests, and jurisdiction issues can matter in some cases. (These are not “technicalities”—they can be litigation issues.)

  • Some low-level offenses are “cite-and-release” style, but others commonly lead to a physical arrest.

Related reading:

2) Bond: cash bond, surety (bondsman), or PR bond

After arrest, the next big event is bond—the condition for release from jail while the case is pending.

Common bond types:

  • Cash/Surety bond: You pay the amount, or a bondsman posts it for a fee.

  • Personal Recognizance (PR) bond: The judge allows release based on a promise to appear and follow conditions (sometimes with conditions like no contact, ignition interlock, etc., depending on the charge).

PR bond eligibility can depend on local practice and the charge, but Texas statutes also create certain bond-rights when someone remains in custody (explained next).

3) Still in jail? Texas deadlines can force release or a bail reduction

If a person stays in jail, Texas law sets mandatory deadlines tied to whether the State is “ready for trial.” If the State is not ready within the statutory window, the court must either release the person on personal bond or reduce bail.

The common misdemeanor windows are:

  • 15 days for misdemeanors punishable by 180 days or less (often Class B)

  • 30 days for misdemeanors punishable by more than 180 days (often Class A)

This comes from Texas Code of Criminal Procedure art. 17.151, and it’s routinely litigated through a habeas request when deadlines are missed. Courts have described the statute as mandatory, leaving the judge only the two options above when it applies.

A practical Lamar County point: people often describe this as “unindicted,” but the more accurate concept is State readiness—and in many cases, lack of an indictment/information can be part of why the State can’t truthfully announce ready.

4) Charges and exposure: Class B vs. Class A (why it matters)

Many Lamar County misdemeanors are Class B or Class A, and the maximum penalties set the stakes:

  • Class B: up to 180 days in county jail and/or up to $2,000 fine

  • Class A: up to 1 year in county jail and/or up to $4,000 fine

Those numbers affect bond, strategy, and (as above) the 15-day vs. 30-day jail deadline.

5) Arraignment in Lamar County: counsel application, plea, and the “real start” of negotiation

After charging moves forward, the case reaches an arraignment setting. In Lamar County, defendants are often given an opportunity to apply for a court-appointed attorney at or around arraignment.

Typical arraignment flow:

  1. Opportunity to apply for appointed counsel (if the defendant qualifies financially)

  2. Entry of a plea:

    • Not guilty (common early, preserves rights and allows review of evidence)

    • Guilty

    • In many plea agreements, no contest may be used (especially when negotiated)

  3. The court may:

    • Read the charging instrument or

    • Allow the defendant to waive the reading

This is also where plea negotiation often becomes concrete—because the case now has a posture, a lawyer (ideally), and a court schedule.

One important reality: plea agreements aren’t final until the judge accepts them. They are agreements between the State and the defendant, but the court has discretion on whether to accept the negotiated disposition.

6) Pretrial: motions, discovery posture, and “announce ready”

After arraignment, the next major setting is often pretrial.

This is where defense counsel typically:

  • Files pretrial motions (suppression issues, discovery problems, bond matters, etc.)

  • Confirms discovery status and evaluates the State’s evidence

  • Negotiates toward a plea or positions the case for trial

  • If necessary, announces ready and sets the case on a trial track

In Lamar County misdemeanor practice, pretrial is frequently where cases either:

  • Resolve by agreement, or

  • Shift into a trial preparation posture because the facts/legal issues won’t settle cleanly.

7) Trial: 6-person jury, two phases, and who decides punishment

If a Lamar County misdemeanor case goes to trial in Texas:

  • The jury is 6 people (not 12 like most felony trials).

  • Trial has two parts:

    1. Guilt/Innocence

    2. Punishment (if there’s a conviction)

A defendant can usually choose whether punishment is decided by:

  • The judge, or

  • The jury

That decision is strategic and depends heavily on the facts, the client’s history, the charge type (for example, DWI vs. family violence), and the available punishment range.

Where DWI and Family Violence Cases Often Diverge

Some misdemeanors are “routine,” but two categories in Lamar County often move differently because of collateral consequences and conditions:

Wrap-up: the timeline matters early

In Lamar County misdemeanors, the big leverage points usually happen early:

  • Bond decisions and bond conditions

  • The 15/30-day custody deadlines if someone is still in jail

  • Arraignment (counsel appointment + plea posture)

  • Pretrial (motions + negotiation + trial posture)

If you want a local overview geared specifically to Lamar County’s courts in Paris, Texas, start here: https://www.johnhickmanlaw.com/lamar-county-criminal-defense