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Edinburg, TX 78539

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HIDALGO COUNTY DISTRICT ATTORNEY

MISDEMEANOR DIVISION

The primary responsibility of the Misdemeanor Division is to prosecute misdemeanor criminal offenses that occur in Hidalgo County.

THE MISDEMEANOR DIVISION

The Misdemeanor Division of the Hidalgo County District Attorney’s Office consists of twenty prosecutors and a team of staff members. Misdemeanor prosecutors handle all Class A and B misdemeanors committed in Hidalgo County and any Class C appeals from Justice of the Peace or Municipal Courts. The misdemeanor prosecutors spend most of their day in the County Courts at Law. Their daily tasks include handling docket calls, pleas before the courts, pre-trial hearings, trials, and post-trial hearings.

Some attorneys are also assigned to make appearances in several Justice of the Peace Courts to handle contested criminal matters.

tHE mISDEMEANOR pROCESS

When a misdemeanor offense is committed, local law enforcement agencies conduct an investigation, which includes collecting evidence and witness statements. Then, the officer will prepare an offense report and submit it to the District Attorney’s Office, Misdemeanor Intake Division. In our intake process, an investigator and attorney review the case to ensure that the elements of the offense are met. If they are, the case is filed by means of a document called Complaint or Information.

Misdemeanors are divided into three categories:

  • Class A Misdemeanors carry a punishment of a fine not to exceed $4,000, confinement in jail for a term not to exceed one year, or by both. The confinement may be probated up to two years.  Some examples of Class A offenses are: Assault, Theft over $750 but less than $2,500, and Driving While Intoxicated 2nd.
  • Class B Misdemeanors carry a punishment of a fine not to exceed $2,000, confinement in jail for a term not to exceed 180 days, or by both.The confinement may be probated up to two years.  Some examples of Class B offenses are: Driving While Intoxicated, Theft over $100 but less than $750, and Criminal Trespass.
  • Class C Misdemeanors.

Penalties may be increased for repeat offenders.