Question 1

What Date Is My Case?

Accepted Answer

After you are released on bail, be it a personal bond, cash bond, or a surety bond, your bond paperwork will identify your next court date. However, what happens if that paper gets lost or misplaced, you may not be aware of when you are required to go to court. The quickest way you can find this information is to head to the Travis County docket site and search for your name with last name, first name format. If you have a common name, add your middle initial. It can take 72 hours post-arrest for your information to show up. The Travis County docket even indicates whether it is a court date that requires your appearance in court or not. If you still are unable to find out your information, the best way to ensure you know your next court date is to call the court administration office who can look up your court date. A local defense attorney will also be able to likely have access and help you find your next court date.

Question 2

What Time Is My Case Heard?

Accepted Answer

There are typically two different times that may appear on your notice. One may be 9 a.m., the other will be 1 p.m. You need to check those times to know when you absolutely must be at your assigned courtroom. Always consult with your attorney as the exact time that they want you there may be different from what is listed online. Note that these are not the times when your case is going to be heard. These are when court sessions start. At 9, the bailiff may call your name, and if you do not respond, the judge could issue a warrant and forfeit your bond. After the initial start times, the cases will progress throughout that time period. Not all court dates require your appearance and certainly most do not require an actual hearing unless your lawyer has specifically advised you that a hearing or contested matter is happening on that court date.  Many first appearances are a time for the defense attorney to get access to discovery, and evidence in your case, as well as start the process of discussing options with the State.

Question 3

When Do I Need To Appear At The Courthouse For My DWI Case?

Accepted Answer

Shortly after your arrest (typically within 48 hours), you will most likely appear before a magistrate at the jail where you will hear your charges and bail will be set. The first appearance after you are released from jail is typically within 3-4 weeks.  On average DWI cases in Travis County can take anywhere from 12-18 months before a final resolution is had.

Question 4

What Court Appearances Happen With DWIs?

Accepted Answer

This is where things can get a little confusing. The court appearances that come with a DWI may actually depend upon whether or not you have an attorney, but more on that in the next section. First, let’s cover some of the basic appearances that accompany DWI cases. There are a few appearances that come with a DWI: First appearance – which is when you disclose if you have an attorney. Announcement – very much an admin date that happens after you are released from custody. Pretrial conferences – this is where your attorney can present evidence, review evidence, and continue negotiations with the State to review offers and programs that can help with resolving and even dismissing the case. There can also be contested pretrial motion hearings to discuss sufficiency of evidence or try and get certain things to be inadmissible, such as blood or breath or even any admissions made. Trial – If the case is not resolved during the pretrial phase then it will be set for a jury trial and the case will be tried in front of 6 peers. The State has the burden of proof beyond a reasonable doubt to prove you were driving intoxicated. They can do this by proving BRD that you were over .08, or that you lost your physical faculties by the introduction of drugs or alcohol, or that you lost your mental faculties by the introduction of drugs or alcohol. Note, they do not need to prove all 3, just 1, beyond a reasonable doubt. Each case may proceed slightly differently depending upon exactly what is happening. When you retain our defense, we ensure that you are well informed throughout the process, which includes keeping you informed of all court dates, and when you need to be present for court. As your attorneys, we make sure you know what is going to happen and when, as well as where you need to go and when you have to be there. You will not have to put that information together on your own.

Question 5

What Appearances Do You Need To Make For Your Case?

Accepted Answer

Having an experienced DWI attorney may allow you to not be present for certain proceedings connected with your case. We can provide you with detailed information about your case and which proceedings you absolutely must be present for, and which ones we could possibly appear on your behalf. This may help you know for sure when you need to take time off from work or return to Austin if you live outside of the city or out-of-state. The number of appearances you will have to make can depend upon whether you have an attorney and when you hire that attorney. For example, if you hire our firm early on after your arrest, we can potentially file documents with the court electronically that disclose we are representing you and you are pleading not guilty to the charges. Having an experienced DWI attorney early in the process, like our firm, can help avoid some of the court dates where you would otherwise need to be present. The court will know who the attorneys of record are and allow them the time necessary to collect the discovery for the case. Potential motions may be heard without your presence being required, and we can provide you with a recap once the matter has been completed and decided. You will be required to appear when your case goes to trial.

Question 6

What Should You Wear?

Accepted Answer

Dress professionally for your appearances. Think business attire – you want to show the court that you are taking this seriously. If you show up in your favorite sports jersey or clothes you’d wear for a night on the town, the court may look upon you unfavorably. You will make a lasting impression on the court if you do not respect the seriousness of the situation. At a minimum for Travis County: Don’t wear shorts, wear shoes and remove hats when entering into the courtroom. Also – do not swear or use other offensive language. Be on time, be sober and be aware that if you’re out on bond, drug testing can be potentially possible at any time.

Question 7

When Should You Leave?

Accepted Answer

You’ve probably heard the phrase “if you’re not early, you’re late.” This is 100 percent true for court appearances. You should plan as much extra time as you can to make it to park and walk to the courthouse. If it takes you 20 minutes to drive to the courthouse, give yourself at least an hour, if not more, to get to the courthouse and parked. Remember: the courthouse is a secure building. You will have to wait in line before you’re allowed inside. This isn’t just driving to court: it’s parking, going through security, waiting for the elevators, etc. There is no harm in being early, but being late can have a really negative impact on your case.

Question 8

Where Should You Park Near The Court?

Accepted Answer

We recommend finding public parking nearby – either the 812 San Antonio St. Garage or the lot at 510 W. 11th St. (between San Antonio and Nueces). The garage provides a spot where your vehicle can remain in the building as long as needed. You may also try to find metered parking on the street, but know these spots fill up very quickly. (If you park at a meter, make sure you have downloaded the Austin Parking App so that you can pay from court if your meter is about to expire. Don’t park less than 45 minutes before your case, especially if you have a 9 a.m. appearance. The garage is often full by 8:15. You will not make it inside in time.

Question 9

Getting Into The Building

Accepted Answer

This is something that many people overlook about their day in court. The justice center is very much like an airport, in that you will have to plan ahead before you’re able to go to your destination. If you have a 9 a.m. docket time, expect security to be backed up by 8:30. There can be long lines. When it comes time to go through security, you need to remove everything from your pockets and place it in the tray. If you have a belt with any metal on it – including the buckle – it must go in the tray as well. Your shoes may remain on. Because security is looking for weapons and other prohibited items, pay close attention to everything you have on you. For example, many keychains have small pocket knives connected to them. Security may confiscate that knife, and make sure it is disposed of properly. You will not get the item back when you are leaving the facility. You will either have to take the item back to your vehicle or allow it to be thrown away. You can bring electronic devices into the courthouse, but you may not necessarily be allowed to use them in the courtroom. In fact, in most cases, you will be prohibited from using those devices while court is in session.

Question 10

Where Do You Go Once Inside?

Accepted Answer

Once you have made it through security screening, head toward the elevators. Again, if you are here in the morning, expect it to be very crowded. You will see a general information desk near the elevators. There will be a board that tells you which courtroom belongs to each judge, so you can review where you need to go. Take a photo of the board so you have that information with you before you make it to the elevators. In the morning, the elevators will most likely stop at every floor. As you can guess, it will take quite a while before you’re able to get where you need to go.

Question 11

What Happens Inside The Courtroom?

Accepted Answer

We will chat with you prior to court, so we will tell you where to meet and when. But, for the most part, you walk into the courtroom and take a seat in the benches. You will see others with pending matters seated with you, and also see prosecutors and defense attorneys coming and going depending upon the matter being heard. The judge will preside over the cases, and he or she will have law enforcement personnel serving as bailiffs serving in the courtroom. Before your case, you will be seated in the gallery, most likely by yourself. When you hire us, you will not be facing this process alone, we will be with you every step of the way, from making sure you know exactly where you need to be seated to discussing the case and each move we make at the court with you ahead of time. Most of the court dates will involve us doing the major lifting and you waiting in the gallery where we will update you on the progress of the court date and likely let you know when the next court date will be, since there will likely be many court dates before the case is resolved.  If the case is being called for a contested hearing, or any discussion with the Judge either on the record or informally, rest assured we will be there alongside you.

Understanding How DWI Cases Work At The Blackwell-Thurman Criminal Justice Center