William Patrick Delgado

Charged With a Felony in the 319th District Court in Nueces County: What Happens Next

The 319th District Court is one of eight Nueces County district courts that hear felony criminal cases. Judge David V. Stith presides, and the court is in Suite 801 of the Nueces County Courthouse, 901 Leopard St., Corpus Christi. A felony case usually lands there by random assignment after arrest, and from there it moves through indictment, arraignment, pretrial settings, and then a plea or a trial before a 12-person jury.

The court at a glance

Step by step: a felony case in the 319th

1. Arrest and the magistrate. After an arrest, you must be taken before a magistrate without unnecessary delay and no later than 48 hours later (Code of Criminal Procedure 15.17). The magistrate tells you the accusation, your right to a lawyer, your right to remain silent, and how to ask for an appointed lawyer, and sets bail if bail is allowed. The Nueces County Jail is at 901 Leopard St.

2. Bail. The Texas Constitution says most people are entitled to bail, but it lets judges deny bail in some felony cases, such as certain repeat felonies or new felonies committed while on bail for a prior felony (Texas Constitution Article 1, Sections 11 and 11a).

3. Examining trial. In a felony case you have the right to an examining trial before indictment, where a magistrate looks at the accusation and can review bail (Code of Criminal Procedure 16.01).

4. Indictment. A felony case needs a grand jury indictment (Texas Constitution Article 1, Section 10). A person who has a lawyer can waive indictment in a non-capital felony and be charged by information instead (Code of Criminal Procedure 1.141).

5. How the case gets to the 319th. Under the Nueces County local rules, the District Clerk randomly assigns felony criminal cases among the eight district courts. A new felony indictment against someone who already has a felony pending is moved to the court with the lower pending cause number. If an indictment is dismissed and refiled, it goes back to the same court.

6. Arraignment. In every felony case there is an arraignment after indictment (Code of Criminal Procedure 26.01). Its purpose is to confirm your identity and hear your plea (26.02).

7. Pretrial settings. The local rules say jury trials are held in person. Other criminal matters may be held in person or by video if the attorneys ask, at the court's discretion. Either way, you must appear at every setting unless the court excused you beforehand. Settings are held Monday through Friday.

8. Plea or trial. If the case goes to trial, a felony jury in district court has 12 jurors (Code of Criminal Procedure 33.01).

Felony punishment ranges in Texas

LevelPrison rangeMaximum fine
First degree5 to 99 years or life (PC 12.32)$10,000
Second degree2 to 20 years (PC 12.33)$10,000
Third degree2 to 10 years (PC 12.34)$10,000
State jail felony180 days to 2 years in a state jail (PC 12.35)$10,000

Prior convictions and other findings can raise these ranges.

FAQ

Can I ask to have my case moved to a different court?

Felony cases are assigned at random. The local rules do move a new case to the court where your earlier felony case is pending, and they let a court transfer related co-defendant cases to the court with the lower cause number.

Do I have to show up in person?

Yes. You must appear at every setting unless the court excused you before that date. Do not assume you are excused; ask your lawyer to confirm it.

Do I have a right to a grand jury?

Yes. A felony charge requires an indictment unless you have a lawyer and choose to waive it.

Can I change lawyers in the middle of my case?

Yes, but the local rules say a lawyer coming in or leaving needs the court's written permission. Without good cause, a change of lawyer is not a reason to delay the case.

How do I get help with a case in the 319th?

William Patrick Delgado is a Corpus Christi criminal defense lawyer who handles felony cases in Nueces County. He was a Nueces County Assistant District Attorney from 2010 to 2017. He is available to meet at the Nueces County Courthouse for consultations and client meetings. The first consultation is free. Call (361) 613-4945, Monday through Friday, 8:15 AM to 5:30 PM.