Criminal Defense Lawyer In Conroe, TX
Criminal defense and DWI representation for people arrested anywhere in Montgomery County, from Conroe and The Woodlands to Willis, Magnolia and the towns around the lake. This page explains how a case moves from arrest to court, which court hears each level of charge and what the levels can carry.
How Does A Criminal Case Work In Texas?
A Texas criminal case begins with an arrest or a charging document. Under Code of Criminal Procedure art. 15.17, an arrested person goes before a magistrate, who explains the charge and sets bail. The Penal Code sets the level of the offense, which decides the court and the punishment range. The state must prove every element beyond a reasonable doubt.
Source: Texas Code of Criminal Procedure Chapter 15, Arrest Without Warrant
Understanding Texas Law
How Does A Criminal Case Work In Montgomery County?
Texas defines crimes in the Penal Code and sets the rules for a case in the Code of Criminal Procedure. Those laws are the same in every county. A person charged is presumed innocent, and the state has to prove each element of the offense beyond a reasonable doubt.
What belongs to Montgomery County is the route a case takes. It can begin almost anywhere in the county, but the jail, the prosecutors and the criminal courts are all in Conroe, the county seat. An arrest may be made by the Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department, and every one of them books into the Montgomery County Jail at 1 Criminal Justice Drive.
The level of the charge decides the courtroom.
Class A and Class B misdemeanors, including a first or second DWI, are filed in one of the Montgomery County Courts at Law. Felonies are heard in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St, the same building that houses the Montgomery County District Attorney's Office.
- An arrest by a city, county or state agency
- Booking at the county jail
- A magistrate hearing and bail
- Filing in the misdemeanor or the felony courts
The two sets of courts sit in different buildings, so the address on the setting notice is the one to follow.
Penalties And Consequences
How Does Texas Grade Criminal Penalties?
Every Texas offense is placed in a class, and Penal Code Chapter 12 sets the most the law allows for each class. The table shows those limits. They are statutory ceilings, not predictions for any one case.
Fine only, with no jail.
Fine up to $4,000.
Fine up to $10,000.
Fine up to $10,000.
- Class C misdemeanor
- A fine of up to $500. No jail.
- Class B misdemeanor
- Up to 180 days in county jail and a fine of up to $2,000.
- Class A misdemeanor
- Up to one year in county jail and a fine of up to $4,000.
- State jail felony
- 180 days to two years in a state jail facility and a fine of up to $10,000.
- Third degree felony
- Two to ten years in prison and a fine of up to $10,000.
- Second degree felony
- Two to twenty years in prison and a fine of up to $10,000.
- First degree felony
- Five to ninety-nine years or life in prison and a fine of up to $10,000.
- Capital felony
- Life without parole, or death for an adult defendant.
Each type of charge has its own statute, its own levels and its own consequences. See the pages on DWI, drug crimes, assault crimes, homicide crimes and traffic violations.
Real Questions
What Do People Ask About Criminal Cases In Texas?
What does the magistrate do after an arrest?
What does a grand jury do?
Do I have to answer questions from police?
Can a charge be dropped or lowered?
What happens to the record after a case ends?
Possible Defenses
How Can A Criminal Charge Be Defended?
A defense starts with what the state has to prove. An attorney reads the report, the charging document and the evidence, and measures them against the elements of the offense and the rules that govern how police gathered it. The charge on the booking sheet is an officer's description. The charge the court hears is the one the prosecutor files, and the two can differ in level or in the offense itself.
No result can be promised. The most that can be said is that each element, and each step in how the evidence was obtained, is something that can be checked.
The evidence and the constitution both matter.
Searches, stops and arrests have to meet constitutional standards, and statements have to meet the rules for warnings and voluntariness. Evidence obtained in violation of the law can be challenged under Code of Criminal Procedure art. 38.23.
The defense can ask for the state's evidence through discovery under art. 39.14, which covers reports, recordings, lab work and witness statements. The defense strategies page covers the wider set of challenges.
The Stop Or Arrest
Was there a lawful reason for the stop, the detention or the arrest?
The Search
Was there a warrant, valid consent or a recognized exception?
The Statements
Were warnings given, and was the statement voluntary and recorded accurately?
The Evidence
What do the video, the lab work and the witness accounts show?
The Level Charged
Does the evidence support the level and the added facts the state alleges?
The Record Later
What will each possible ending mean for work, firearms and sealing a record?
Local Process
How Does A Case Move After An Arrest In Montgomery County?
The first steps follow state law. The offices and buildings in the table are those of Montgomery County.
Arrest And Booking
An agency makes the arrest, and the person is booked into the county jail.
Magistrate And Bail
A magistrate gives the warnings within 48 hours and sets bail and any conditions.
Charging
A misdemeanor is filed by the prosecutor. A felony goes to a grand jury.
Evidence And Resolution
The defense requests the state's evidence, and the case moves toward dismissal, a plea or trial.
- Arrest
- Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department.
- Booking
- The Montgomery County Jail at 1 Criminal Justice Drive, run by the Montgomery County Sheriff's Office. Roughly 1,100 beds, with a daily population that regularly runs over a thousand. Sheriff's Office headquarters sits at the same address.
- Misdemeanor cases
- Class A and B charges are filed in one of the Montgomery County Courts at Law and prosecuted by Montgomery County District Attorney's Office.
- Felony cases
- Presented to a grand jury, then heard in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St. The Montgomery County District Attorney's Office prosecutes them from the Montgomery County Criminal Justice Center.
- Serious crash cases
- The DA's Office runs a dedicated Vehicular Crimes Unit of prosecutors and investigators that responds directly to crash scenes and handles intoxication manslaughter, intoxication assault and fatal hit and run cases.
- DWI refusals
- The No Refusal program covers weekends, holidays and selected enforcement periods, publicized in advance. A refused breath test can lead to a blood search warrant.
- Driver's license
- A DWI arrest also opens a separate ALR case before the State Office of Administrative Hearings. The hearing has to be requested within 15 days after the driver receives the notice of suspension.
- Appeals
- Appeals go to the Ninth Court of Appeals in Beaumont, and then possibly to the Texas Court of Criminal Appeals.
The office at 101 Simonton St in Conroe takes cases from across Montgomery County, including The Woodlands, Willis, Montgomery, Magnolia, Shenandoah, Oak Ridge North, Panorama Village, Cut and Shoot, Splendora, New Caney, and Porter.
Next Steps
What Should You Do After An Arrest?
These steps are general information, not advice for any one person.
Read The Charge
Find the offense, its level and the court named on the paperwork.
Note The Building
Misdemeanor and felony settings are in different buildings, so check the address.
Follow Bond Conditions
A violation can bring a warrant and a bond problem of its own.
Do Not Discuss The Case
Statements to anyone other than a lawyer can become evidence.
Watch License Deadlines
After a DWI arrest, the 15 day ALR window runs from receiving the notice.
Keep Every Document
Save the bond, the property receipt, the notices and the court dates.
Choose the page for your charge to see its levels, penalties and defenses, then talk to a lawyer before making a decision that cannot be undone. Mitchell Law Firm offers a confidential conversation about a criminal charge in Montgomery County.
Official Texas Sources
Read The Law Behind This Page
- Texas Code of Criminal Procedure Chapter 15: arrest and the magistrate warning
- Texas Code of Criminal Procedure Chapter 17: bail
- Texas Code of Criminal Procedure Chapter 39: discovery of the state's evidence
- Texas Code of Criminal Procedure Chapter 42A: community supervision
- Texas Code of Criminal Procedure Chapter 55A: expunction of records
- Texas Penal Code Chapter 12: punishment for misdemeanors and felonies
- Texas Government Code Chapter 411: orders of nondisclosure
- Texas Transportation Code Chapter 524: administrative license suspension
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Conroe trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Practice Areas
Practice Areas In Conroe
DWI Defense
First offenses through felony DWI, drug DWI, and the license case that runs beside the criminal one.
Drug Crimes
Possession, delivery, and conspiracy charges under the Texas Controlled Substances Act, graded by penalty group and weight.
Traffic Violations
Driving offenses that are crimes rather than tickets, from reckless driving to leaving the scene of a crash.
Assault Crimes
Assault from Class C contact to first degree felonies, including family violence and injury to a child or elderly person.
Homicide Crimes
Deaths charged as manslaughter or criminally negligent homicide, including cases that began with a crash.
Other Criminal Charges
Property, weapons, and public order offenses that sit outside the main categories.
Probation And Sentencing
What a sentence can look like, and what happens when the terms of one are challenged.
Records And Defense
How a case can come off, or be shielded on, a record, and the defense tools the law provides.
Common Questions
Criminal Defense Questions People In Conroe Ask
Where are misdemeanor and felony cases heard in Conroe, TX?
Montgomery County hears the two in different buildings. Felonies go to the district courts at the Montgomery County Criminal Justice Center, 207 W Phillips St, the same building that houses the District Attorney's Office. Class A and B misdemeanors, first and second DWI among them, are heard in the Montgomery County Courts at Law, which sit in a separate building. Each setting notice names the court and its address.
Where is someone booked after an arrest in Montgomery County?
Arrests by city police, the Sheriff's Office, the constables and the Texas DPS book into the Montgomery County Jail at 1 Criminal Justice Drive in Conroe, run by the Montgomery County Sheriff's Office. Under Code of Criminal Procedure art. 15.17, the person is then taken before a magistrate within 48 hours, where the charge is explained and bail is set.
What is the Montgomery County No Refusal program in Conroe?
It is a TxDOT funded program run with the District Attorney's Office on weekends, holidays and other announced enforcement periods. When a driver refuses a breath test, the officer contacts an on-duty prosecutor, who drafts a blood search warrant for an on-call judge to review. If the judge signs it, a nurse draws blood. The program also covers boating on Lake Conroe.
Who prosecutes serious crash cases in Montgomery County?
The Montgomery County District Attorney's Office has a Vehicular Crimes Unit of prosecutors and investigators that responds to crash scenes. It handles intoxication manslaughter, intoxication assault and fatal hit and run cases, which are felonies heard in the district courts at the Criminal Justice Center in Conroe.
Does a case from The Woodlands or Magnolia go to court in Conroe?
Conroe is the Montgomery County seat, so county and district court cases from anywhere in the county, including The Woodlands, Magnolia, Willis and Montgomery, are heard in Conroe. Fine-only Class C tickets are the exception, since they can be handled in a justice of the peace court or a city's municipal court.
What separates a misdemeanor from a felony in Conroe, TX?
The Texas Penal Code sets the level of each offense, and the level decides the court and the range of punishment. Misdemeanors carry a fine or up to a year in county jail. Felonies carry state jail or prison time, from 180 days up to life, and must be indicted by a grand jury unless the person waives it. The charge on a booking sheet can differ from the one a prosecutor files.
Mitchell Law Firm, PLLC
Your Freedom Is Our Fight
Some deadlines start on their own after an arrest, and the license deadline in a DWI case is only 15 days. Call or request a consultation to go over where the case stands.
Conroe Office
