Can You Go to Jail at an Arraignment in Texas? What Actually Happens
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
What is an arraignment in Texas?
Arraignment is the formal court appearance where the defendant is told the charges, advised of constitutional rights, and enters a plea (typically "not guilty" at this stage). In Texas misdemeanor practice (county court at law), arraignment is often combined with a first-setting hearing. In felony practice (district court), arraignment follows indictment by the grand jury and precedes pretrial settings. The Code of Criminal Procedure Article 26.01 requires arraignment in felonies and Class A/B misdemeanors. Federal court uses initial appearance, detention hearing, and arraignment as separate steps, with detention determined by the magistrate judge under the Bail Reform Act.
When defendants ARE taken into custody at arraignment
You may be taken into custody at arraignment if: (1) you had not posted bond before the hearing and the judge sets a bond you don't immediately satisfy; (2) your existing bond was insufficient and the judge revokes or increases it; (3) a new bond is imposed because of new charges or violation of release conditions; (4) you were on personal recognizance (PR bond) and the judge requires a surety bond instead; (5) you failed to appear at a prior setting and a bond forfeiture is being addressed; (6) the underlying offense has no bond available (capital murder before bond hearing, certain immigration detainers). Most run-of-the-mill misdemeanor arraignments where the defendant has posted bond do not result in custody.
Texas bond categories — what determines release
Texas has several bond types under Code of Criminal Procedure Chapter 17. Cash bond: full amount paid to court, refunded after case (less court costs); often used when defendant or family has resources. Surety bond: bail bondsman posts the full amount; defendant pays 10–15% non-refundable premium. Personal recognizance (PR) bond: defendant signs promise to appear, no money required; granted at judge's discretion based on community ties, employment, prior record. Pretrial Services bond: similar to PR but with supervision conditions (regular check-ins, drug testing, GPS monitoring). The amount depends on charge severity, prior failures to appear, criminal history, employment, and community ties — Code of Criminal Procedure Article 17.15 lists the factors.
Federal detention hearings — the Bail Reform Act framework
Federal court applies the Bail Reform Act (18 U.S.C. § 3142). Defendants charged with serious felonies face a detention hearing where the government may move for pretrial detention. The judge considers (1) nature and circumstances of offense, (2) weight of evidence, (3) history and characteristics of defendant, (4) danger to community. Certain charges create a "rebuttable presumption" of detention — drug trafficking with 10+ year max, firearm offenses, sex offenses, terrorism. Defendants face a higher detention rate in federal court than state court — current statistics show approximately 60% of federal defendants detained pretrial vs. roughly 30% in state court.
What to do before your Texas arraignment
Steps that maximize the chance of leaving arraignment in your own vehicle: (1) retain counsel before the setting; (2) post bond in advance if possible — many bonds can be posted at the jail before court; (3) prepare proof of employment, residence, family ties, no prior failures to appear; (4) if currently in custody, request bond reduction hearing in advance; (5) bring transportation arrangements for after court; (6) wear neat business attire; (7) be present 30 minutes before the docket call. Defendants who appear with counsel, with bond posted, and with strong community ties almost never leave arraignment in custody for routine non-violent charges.
Texas Penalty Group 1 Charges by Weight
Texas Health & Safety Code § 481.115 charges escalate by weight:
| Weight | Offense | Range | Fine |
|---|---|---|---|
| Under 1 g | State jail felony | 180 days-2 years state jail | $10,000 |
| 1-4 g | 3rd degree felony | 2-10 years TDCJ | $10,000 |
| 4-200 g | 2nd degree felony | 2-20 years TDCJ | $10,000 |
| 200-400 g | 1st degree felony | 5-99 years/life TDCJ | $100,000 |
| 400 g+ | Enhanced 1st degree | 10-99 years/life TDCJ | $100,000 |
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
Is arraignment the same as a first court appearance?
In Texas state court, arraignment is the formal reading of charges and entry of plea. The "first appearance" or "magistration" happens at the jail within 48 hours of arrest (Code of Criminal Procedure Article 15.17). Arraignment typically occurs weeks later after indictment or filing.
Can I be denied bond at arraignment in Texas?
Yes — for capital murder cases and certain repeat violent offender situations under Article 17.21. Most other offenses are bond-eligible. The judge sets the amount based on Article 17.15 factors.
What's a "PR bond" in Texas?
Personal recognizance bond — defendant signs promise to appear without putting up money. Available at judge's discretion; favored for low-level offenses, first-time defendants with strong community ties. Pretrial Services PR bonds add supervision conditions.
Can I waive arraignment in Texas?
Yes — Code of Criminal Procedure Article 26.011 allows written waiver of arraignment when defendant is represented by counsel and a not-guilty plea is entered. This is common in non-detained felony cases to streamline the court calendar.
What happens at federal arraignment?
Federal arraignment includes reading of indictment, entry of not-guilty plea, scheduling order setting motions deadlines and trial date. Detention is determined separately at a detention hearing before a magistrate judge under the Bail Reform Act.
