Understanding the Criminal Court Process in Blanco County
If you have been arrested or are facing criminal charges in Blanco County, you are likely wondering what to expect from the criminal court process. This process can be long and difficult, but having a local criminal defense attorney on your side can make all the difference.
Misdemeanors vs. Felonies in Blanco County
In Texas, crimes are typically classified into two main categories: misdemeanors and felonies. The classification is based on the severity of the offense and determines the potential penalties an individual may face if convicted. Misdemeanors are less serious crimes compared to felonies. They are typically punishable by fines, probation, community service, or imprisonment in a county jail for up to one year.
In Texas, misdemeanors are categorized into the following three classes:
- Class A Misdemeanor: These are the most serious misdemeanor offenses in Texas. Examples include DWI (with certain conditions), assault causing bodily injury, possession of small amounts of certain drugs, and theft of property valued between $750 and $2,500. Potential penalties include fines of up to $4,000 and/or imprisonment in a county jail for up to one year.
- Class B Misdemeanor: Examples of Class B misdemeanors include first-time DWI (with certain conditions), possession of small amounts of marijuana, criminal trespass, and indecent exposure. Penalties may include fines of up to $2,000 and/or imprisonment in a county jail for up to 180 days.
- Class C Misdemeanor: These are the least serious misdemeanor offenses in Texas. Common examples include traffic violations, disorderly conduct, public intoxication, and minor in possession of alcohol. Penalties typically involve fines of up to $500, but no jail time.
On the other hand, felonies are more serious crimes and carry harsher penalties than misdemeanors.
Felonies in Texas are further classified into the following five categories:
- Capital Felony: The most serious offense in Texas law, capital felonies are punishable by either life imprisonment without parole or the death penalty.
- First-Degree Felony: Examples include murder, aggravated sexual assault, and certain drug trafficking offenses. Penalties may include imprisonment for five to 99 years or life imprisonment and fines of up to $10,000.
- Second-Degree Felony: Offenses such as manslaughter, robbery, sexual assault, and certain drug possession with intent to distribute are considered second-degree felonies. Penalties may include imprisonment for two to 20 years and fines of up to $10,000.
- Third-Degree Felony: Examples include offenses such as burglary of a habitation, stalking, and certain drug possession offenses. Penalties may include imprisonment for two to 10 years and fines of up to $10,000.
- State Jail Felony: These offenses are less serious than other felony offenses but more serious than most misdemeanors. Examples include theft of property valued between $2,500 and $30,000, credit card abuse, and possession of certain controlled substances. Penalties may include imprisonment for 180 days to two years in a state jail facility and fines of up to $10,000.
Reasons You Need a Blanco County Criminal Defense Attorney
In the event of misdemeanor or felony charges, such as DWI, it is crucial to enlist the services of a seasoned criminal defense lawyer in Blanco County who will champion your legal rights, as the stakes are often more significant than anticipated.
A conviction in a criminal case could lead to far-reaching repercussions, such as:
- Incarceration
- Significant financial penalties
- Probationary periods
- Revocation of Second Amendment privileges
- Hindered access to financial services
- Loss of licenses
- Impaired employability
The criminal court process typically involves the following steps:
- Arrest: If you are suspected of committing a crime, you will be arrested by a law enforcement officer. During the arrest, the officer will read you your Miranda rights, which include the right to remain silent and the right to an attorney. You will then be taken to jail.
- Arraignment: After your arrest, you will be given an arraignment date. At the arraignment, you will appear before a judge to hear the charges against you and enter your plea. If you plead not guilty, the judge will set a trial date. If you plead guilty, the judge will set a sentencing date.
- Bail: When you are arrested, you may be eligible for bail. If you or a loved one pays the bail amount, you will be released from jail while you await your trial. If you cannot afford bail, a judge may release you on your own recognizance. In some cases, a judge may deny bail altogether.
- Pretrial hearings: Before your trial, your attorney will have the opportunity to attend pretrial hearings. During these hearings, your attorney will work to get the charges against you dismissed or reduced. They will also work to get any evidence that was obtained illegally thrown out. If your case goes to trial, these hearings will help your attorney build a strong defense strategy.
- Trial: If your case goes to trial, you will appear before a judge and jury. The prosecution will present its case first, and your attorney will have the opportunity to cross-examine the prosecution’s witnesses. Your attorney will then present your defense. At the end of the trial, the jury will deliberate and come to a verdict. If you are found not guilty, the charges against you will be dismissed. If you are found guilty, you will be sentenced.
- Sentencing: If you are found guilty or plead guilty, you will be sentenced by the judge. Depending on the charges, you may face jail time, fines, probation, or other penalties. Your attorney can help you navigate the sentencing process and work to get the charges against you reduced.
At Cofer & Connelly, PLLC, our criminal defense attorneys in Blanco County can guide you through the criminal court process and help you build a strong defense. We are committed to protecting your rights and fighting for the best possible outcome in your case.
How To Handle Criminal Charges in Blanco County
Here’s what you need to know if you’re facing a criminal charge in Blanco County.
Background
Blanco County is located in the Hill Country of central Texas, west of Austin and north of San Antonio. Approximately 11,300 people live in Blanco County. It is estimated to be 713.4 square miles and encompasses Blanco, Round Mountain, Hye and Johnson City. Blanco Police Department, Johnson City Police Department, Blanco County Sheriff’s Office, Department of Public Safety, and the multi-county Joint Criminal Interdiction Task Force are the largest police forces in the county.
Big Picture
Blanco County is small community that is tough on crime. Criminal charges are viewed seriously by the community and prosecutors. Blanco County juries are known to assess significant sentences in felony convictions. Blanco County used to be a small dot on the map heading west but has exponentially grown over the last decade. However, first-time offenders have opportunities in both felony and misdemeanor court for potential diversion of their charges.
We at Cofer & Connelly routinely handle serious felony and misdemeanor charges in Blanco County. Over the last three years, we achieved numerous successful outcomes.
The Courts
Blanco County is a split jurisdiction that is served by the 33rd District Court of Texas as well as the 424th District Court of Texas; with the Honorable Judge Allan Garrett presiding in the 33rd Judicial District and the Honorable Judge Evan Stubbs presiding in the 424th Judicial District. The 33rd and 424th Judicial District Courts serve Blanco, Burnet, Llano and San Saba Counties with concurrent jurisdiction.
Judge Garrett was elected on November 6, 2012, and re-elected in 2016 and 2020. Before taking the bench, Judge Garrett practiced law for seven years at the firm of Hutto Lucksinger Garrett & Kennedy PLLC.
Judge Stubbs was elected on November 4, 2014, and re-elected in 2018 and 2022. At the time of his election to the bench, Stubbs was an attorney at the firm of Stubbs Law Office, PLLC.
The Blanco County Court handles Class A and Class B misdemeanor charges. Judge Brett Bray currently presides over this court. Judge Bray was re-elected Blanco County Judge in November 2022 and is serving his fourth term. Blanco County is also served by several courts handling Class C misdemeanors including Justice of the Peace courts and the Blanco Municipal Court.
The Prosecutors
The Honorable Wiley B. “Sonny” McAfee is District Attorney for the 33rd and 424th Judicial District, including Blanco. Assistant District Attorneys for the 33rd and 424th Judicial District are Blake Ewing, Kelly Bazie, Camilla Cutbirth, Carson Guy, Jerry Phillips, Alice Price, Bill Price, Carson Walker, and Michael Walker. The office prosecutes felony charges in Blanco, Burnet, Llano, and San Saba Counties.
The Honorable Deborah Earley serves as Blanco County Attorney and is responsible for misdemeanor prosecution in the Blanco County Court at Law and Blanco County Justice of the Peace courts.
Logistics
Felony cases are heard at the Blanco County Annex at 101 E. Cypress Street, Johnson City, Texas. Misdemeanor cases are heard at the Blanco County Courthouse, 101 E. Pecan, Johnson City, Texas.
Blanco County Justice of the Peace Courts include two precincts, which are presided over by two Justices:
- Justice of the Peace Randy Brodbeck (Precinct One)
- Justice of the Peace H.R. Riley (Precinct Four)
The Justices in each precinct handle Criminal Class C Misdemeanors involving the following code violations:
- Traffic
- Penal
- Health & Safety
- Education
- Parks & Wildlife
- Alcohol & Beverage
Justices preside over the following:
- Civil Justice Court – These cases have a jurisdictional limit of $20,000.
- Small Claims Court – These cases have a jurisdictional limit of $20,000.
- Administrative Actions – This can include driver license suspensions appeals, magistration, and search warrants.
Blanco Municipal Court
This is a court of non-record run by the Honorable Judge Daniel M. Burns, which primarily hears cases punishable by fine occurring within the city limits of Blanco, including: traffic offenses, theft cases involving stolen property valued at less than $100.00, violations of city ordinances, public intoxication, possession of drug paraphernalia, and simple assault.
Law Enforcement
The Blanco County Sheriff’s Department (BCSO) is located at the at 400 US Hwy 281 South
Johnson City, Texas. The BCSO is led by Sheriff Don Jackson.
Sheriff Jackson’s duties include but are not limited to the following:
- He oversees criminal investigations.
- He is responsible for providing security for county and district court operations.
- He enforces traffic laws, county ordinances, and state laws.
- He oversees service of process.
- He accepts bail for prisoners in his custody.
- He is responsible for conducting sales of seized and unclaimed properties.
- He oversees the operation of the county jail and is responsible for the prisoners.
The Blanco Police Department resides in Blanco County. The BPD makes its home in Blanco and is located at 437 Blanco Avenue. Chief of Police Chris Jerry Thornhill leads the Blanco Police Department.
Get the Legal Help You Need Today
If you have been arrested or are facing criminal charges, you need a strong legal advocate on your side. At Cofer & Connelly, PLLC, our Blanco County criminal defense attorneys are ready to help you navigate the criminal court process and fight for the best possible outcome in your case.
Upon reaching out to us, your initial interaction will be with one of our dedicated intake specialists. They will meticulously record the specifics of your case and promptly initiate a comprehensive search for all pertinent information and records pertaining to the incident. Subsequently, we will connect you with one of our highly regarded criminal defense lawyers for a consultation. This pivotal conversation allows us to delve into your background and circumstances, facilitating the initiation of our exploration into potential legal avenues.
Upon officially engaging our services, our proactive representation commences. This could involve expediting late-night or weekend jail releases, initiating the bail bonding process, or advocating for the modification of pretrial release conditions, as appropriate to the case.
