An arrest and a criminal charge aren’t the same thing, and the steps between them matter. Probable cause, a misdemeanor complaint, and a felony indictment each play a different role in how Texas moves a case forward—and understanding that process can make an unfamiliar situation a lot less disorienting.
The video below walks through how arrests and criminal charges work in Texas.
Can Police Arrest You on a Hunch in Texas?
No. An officer needs probable cause—objective facts suggesting a crime has occurred or is about to occur—not a suspicion or a gut feeling. That standard applies whether the officer acts at the scene or pursues an arrest warrant after an investigation.
How Does an Arrest Happen in Texas?
An arrest can happen two ways: an officer witnesses a crime directly and acts on the spot, or an investigation produces enough facts to support a warrant. In the warrant process, the officer presents those facts to a magistrate, judge, or district judge, who decides whether probable cause exists to authorize the arrest.
What Formally Charges Someone with a Misdemeanor in Texas?
In a misdemeanor case, the charging instrument is a complaint filed by the county attorney’s office. It identifies the person, the alleged offense, and the date it allegedly occurred. The complaint and the arrest are separate steps—probable cause supports the arrest, while the complaint is the formal filing that moves the case forward.
How Are Felony Charges Filed in Texas?
Felony charges require an indictment. The district attorney’s office presents evidence to a grand jury in a closed proceeding—no defense attorney, no public observers, unless the district attorney has asked the accused to appear.
The grand jury decides whether probable cause supports moving the case forward. It can return a true bill, a no bill, or pass on the matter entirely. Because the proceeding is one-sided by design, an indictment is a probable-cause check, not a finding of guilt. There’s a reason the saying goes, “You can indict a ham sandwich.”
If this overview raises more questions than it answers, we’re happy to talk through your situation. Reach Smith & Vinson Law Firm at (512) 359-3743.