Frequently Asked Questions

It is the duty of the District Attorney's Office to prosecute all felony and misdemeanor cases that are committed in Midland County. Our job is to see that justice is done. Our office handles cases submitted to us by a law enforcement agency.

We handle the cases through trial and all appeal proceedings. We do not represent any one individual. Instead, we represent the State of Texas and the citizens of Midland County.

Please remember to dress appropriately for court. The following are not appropriate:

• Jeans, pants, or shirts with holes in them
• Plunging necklines
• Short skirts
• Shorts

For men, nice jeans or slacks with polo shirts or button down shirts are appropriate. For ladies, skirts, slacks or nice jeans, blouses, and dresses are appropriate.

In most cases you should report the crime to your local law enforcement agency. If your report is an emergency, call 911. If the crime occurred in the city limits, report the crime to the police department.

The City of Midland Police Department Telephone Reporting Unit's phone number is 432-685-7108. If the crime is committed outside the city limits in Midland County, contact the Midland County Sheriff’s Office Criminal Investigation Division by calling 432-688-4600.

Any crime should be reported to your local law enforcement agency. The only direct filings the District Attorney's Office accepts are for hot checks.

Texas law requires action by the grand jury in most instances before a felony case can be brought to trial. If the grand jury believes that there is probable cause to prove that a person has committed a felony, it votes to issue an indictment. A no-bill means that there is not sufficient probable cause to move the case forward.

The District Attorney's Office assists the grand jury in hearing evidence and preparing indictments, but the actual deliberations are secret. Only the grand jurors are present during deliberations and voting on the cases.

A defendant has the right to appeal his case. In Texas, there are two stages of appeal in a criminal case. The first stage is to a court of appeals. For Midland County, the appellate court is the 11th Court of Appeals in Eastland. The defendant can further appeal his case to the Court of Criminal Appeals in Austin.

If the case is charged as a felony, a felony prosecutor will review the case to determine if it should be accepted for prosecution. If the case is accepted, it will be presented to a grand jury for consideration. A witness may be required to testify before the grand jury.

The grand jury will either return an indictment against the defendant or no-bill the case. If the case is indicted, the prosecution proceeds until there is a resolution of the case. A no-bill means there is not sufficient probable cause to move the case forward.

If the case is charged as a misdemeanor, the case is filed in a County Court at Law or Justice of the Peace Court. The prosecution proceeds until there is a resolution of the case.

The Court issues scheduling orders once a case is indicted. Scheduling orders tell a defendant when he needs to appear in court. It sets out any pretrial dates and potential trial dates. An Assistant District Attorney will also appear in court on those dates. Those hearings are open to the public.

Plea bargaining is a process to resolve a criminal case without a jury trial on the merits of a case. A prosecutor will evaluate the facts, circumstances, and applicable law of the case to make a determination of what punishment (i.e. sentence) to offer a defendant in return for his plea of guilty to the charge in the case. The defendant, in consultation with his lawyer, will decide whether or not to accept the plea bargain.

There are advantages to both the State and the defendant to arrive at an agreement in many cases. However, a defendant has the right to reject a plea offer and request a trial by jury. If the defendant accepts the plea bargain, the case is set for a plea hearing before the court.

A written plea agreement is signed by the defendant and the attorneys and the defendant pleads guilty. If the court approves the plea bargain, punishment is assessed in accordance with the plea bargain agreement and the defendant begins to serve his sentence. Any proposed plea agreement must be approved by the court before it is entered.

Most cases are disposed of by plea bargain agreements. There are many reasons why this process is necessary. If you are the victim and you are concerned about the recommendation in your case, contact the prosecutor assigned to the case to discuss your concerns.

The Midland County District Attorney’s Office takes victims’ interests very seriously. We will make every effort to satisfy your concerns.

Once a case is assigned to a prosecutor, a letter will be sent to the victim telling the victim which prosecutor is assigned to the case. The prosecutor can be called at any time to answer questions about the case. The prosecutor welcomes any victims' comments on the resolution of a case.

However, there are other factors for the prosecutor to consider and the prosecutor will make the ultimate decision about how the case is resolved. A victim may be required to testify at trial and at a pre-trial hearing, if necessary. The prosecutor will advise a witness of all that may be required of him. Please see our victims assistance page for additional information.

The decision to dismiss a pending a criminal case can be made only by a prosecutor. Prosecutors make independent professional judgments within the bounds of the policies of the District Attorney’s Office as to whether a case merits prosecution.

If the prosecutor decides to file a motion to dismiss a case, the dismissal must be approved by a judge. A victim’s wishes will be considered in the decision to file, try, or dismiss a prosecution. A victim's thoughts are always welcomed by the prosecutor assigned to a case.

A subpoena will be issued directing a witness to appear in court on a specific day and time for the purpose of testifying. If a witness refuses to appear after the subpoena is delivered, the prosecutor will ask that a warrant (called “an attachment”) be issued for the witness's arrest and confinement in jail until the witness testifies.

Willful failure to obey a lawful order of a court, such as a subpoena, is an act of contempt for which the witness may be punished by the court. After all of that, a witness will still have to testify. A witness must testify truthfully. False testimony as to important facts while under oath in an official proceeding (such as a trial) is a very serious felony offense.

A witness may be contacted by defense attorneys or investigators working for the defense attorney to discuss the case. While a witness is free to speak about the case with anyone they chose, they are not required to do so. If a witness decides to discuss the case with the defense attorney or investigator, the prosecutor would like to have someone from our staff present during the interview.

A witness may refer the defense attorney to the prosecutor assigned to the case for any information he wants and may decline to discuss the case. If the person claims to be with law enforcement or the District Attorney’s Office, please ask them to show some identification or for their telephone number to use to be sure it is a law enforcement number.

We will try to take as little of a witness's time as necessary. Contact the number on the subpoena and the trial team secretary should be able to give a date and time to come to the courthouse. Tell her any scheduling conflicts at that time. A witness may not leave the courthouse until released by the court.

In the State of Texas, a defendant can elect to have a jury or judge determine if he is guilty or innocent. If the defendant decides to have the judge make the determination, the State must agree or the trial will be by a jury.

Once a defendant has been found guilty, he must have some punishment assessed. Again, the defendant can elect to have either the judge or jury determine his punishment. Both sides can put on more evidence at that time. There are times when the State and the Defendant agree on punishment and there is no hearing.

A defendant has the right to appeal his case. In Texas, there are two stages of appeal in a criminal case. The first stage is to a court of appeals. For Midland County, the appellate court is the 11th Court of Appeals in Eastland. The defendant can further appeal his case to the Court of Criminal Appeals in Austin.

No. The appellate court may choose not to entertain argument by either the defendant or this office and will advise the parties that no argument will be permitted. The appellate court decides the vast majority of cases on the briefs and records without oral argument.

Following the submission of the case, with or without oral argument, the appellate court will issue a written opinion either affirming (upholding) the conviction or reversing (overturning) the conviction as to the guilt and punishment assessed against the defendant. Occasionally the court will only overturn the punishment assessed.

Yes. The defendant may file a petition for writ of certiorari to the United States Supreme Court or in federal district court by filing a writ of habeas corpus. He may also file a writ of habeas corpus for relief in the Court of Criminal Appeals.

Although there are no readily available statistics compiled to answer this question, it is a fair estimate that over 90% of those convicted in contested trials will appeal their convictions, even if the sentence of the defendant was probated.

To view the judgements of John and Cynthia Warren click here:

• Judgement on John Warren 
• Judgement on Cynthia Warren

Our investigators attempt to make contact with the persons involved in a check case and may use email, text, or social media in addition to phone calls or in-person contact. To confirm that the person contacting you is one of our investigators, contact our office and confirm their identity. Our investigators are certified peace officers.

Contact the Hot Check Division and discuss the case with us. In almost all cases the balance can be paid and the case will be closed. If the case is ignored, it will result in a warrant for your arrest.

Have your attorney contact the prosecutor assigned to your case. Our investigators can no longer work with you after the case is indicted. Paying the balance after arrest will not cause the charge to be dismissed.

In many cases, reasonable payment arrangements can be made. This requires a written agreement as to payment terms. If you stop making payments, you can be criminally charged for the full amount. It is important to stay in contact with the investigator assigned to your case.

A protective order is a civil court order that tells an individual not to commit any further acts of violence. The District Attorney's Office does not issue the protective order. The District Attorney's Office will prepare and file your application for a protective order and represent you in court.

Only a District Court judge can grant a protective order. Most protective orders are in place for 2 years. There are certain circumstances when a protective order can be issued for a victim's lifetime.

A protective order takes at least two weeks to obtain and requires at least one appointment in our office and at least one court appearance.

Before a judge will grant a protective order, you must show that family violence or dating violence has occurred and that family violence or dating violence is likely to occur in the future. Family violence or dating violence is defined as an act intended to result in physical harm, bodily injury, assault, or sexual assault or a threat that places you in reasonable fear of imminent physical harm, bodily injury, assault, or sexual assault. When you go to court, you must be able to show that the person you want the order against has recently committed more than one act of physical violence against you or made threats to physically harm you.

You must also show that you and the person you want the order against meet one of the following relationships:

• Foster parent or foster child
• Have been married
• Have had a child together
• Have had a dating relationship
• Have lived together
• Have or had a dating relationship or marriage with the same individual
• Related by blood
• Related by marriage

You must provide an address where the person can be found during the day because that person will need to have personal notification of your application for a protective order. If you are seeking protection for your children, you will need to provide their dates of birth and school or daycare information.

If you are married to the person and you are currently going through a divorce, you should talk to your divorce attorney about getting a protective order as part of your divorce. The Midland County District Attorney's Office does not typically represent individuals in protective order proceedings if they are represented by an attorney in a divorce proceeding.

The Midland County District Attorney's Office does not get involved with custody, visitation, child support, or property matters. If those issues are important to you, you may want to consult with a private attorney.

Once the application (PDF) has been filed and the person you are complaining against has been served, the court will hold a hearing. You will be required to testify during the hearing. An attorney with the Midland County District Attorney's will represent you in court and prepare you for the hearing. After hearing the testimony and examining all of the evidence, the court will then make a ruling.

After the protective order is granted, the person you are complaining against will be ordered not to:

• Commit any further acts of violence against you
• Communicate directly with you in a threatening or harassing manner
• Go within a specified distance of your home or place of employment
• Possess a firearm
• Remove or harm pets or companion animals

The local police department or sheriff's office will be sent a copy of the order. If the person complained against commits any of the prohibited acts, criminal charges can be filed if there is sufficient proof of a violation. The maximum punishment that a violator can, but not necessarily, receive is 1 year in jail and/or a $4,000 fine or a combination of the two.

If you are ready to start the process of seeking a protective order, please complete the required forms and bring them to the Midland County District Attorney's Office located at:
500 N Loraine Street
Suite 200
Midland, TX 79701

If you have questions while filling out the form, please call us at 432-688-4411.

Please visit the Public Works page for permit information. 

• A blue colored street sign indicates the street as a Midland County road and is maintained by Midland County
• A green colored street sign indicates the street as a City road and is maintained by the City of Midland
• A brown colored street sign indicates the street is a private road maintained by the private owner or a public road that is not part of the Midland County road system

You can pay your bill by calling the Midland Emergency Managers PLLC at 432-221-2455, fax them at 432-221-1108, or email them at mimabilling@midlandhealth.org.

Midland County Warrant services is a multifunction department within Midland County. Warrant Services is responsible for setting up payment plans for the County and District Courts, warrant services also serves warrants issued by all four Justice Courts in Midland County. Visit the Warrants page for more information.

No. Once a warrant has been issued there are no payment plans. The warrant must be paid in full or be served and person taken to jail. Call us at 432-688-4700 for more information.

They person will be given a copy of their judgement and bill of costs and required to report to the Warrant Services Department to either pay the fines and or fees immediately, set up a payment plan and or ask for indigency paperwork. Call us at 432-688-4700 for more information.

When the person arrives at the Warrant Services Department, they will be asked to fill out an application for a payment plan. They are also requested to provide a state issued identification. If a person refuses to fill out the application, they will be asked to leave and return to court and speak to the Judge. If a person is claiming to be indigent, they will need to tell the Warrant Service staff when filling out the initial application. If the indigent paperwork is filled out the person will be given another court date to appear before the County Court to explain the indigent claim before the Judge. Call us at 432-688-4700 for more information.

If you fail to come to the Warrant Services Department to set up a payment plan, a capias pro fine warrant will be issued for your arrest after the expiration of the time given on the judgement. Call us at 432-688-4700 for more information.

Yes, the information on the application will be verified. If there is an item on the application that does not apply to you "N / A" (not applicable) will need to be placed on that line. Call us at 432-688-4700 for more information.

In most cases when the application has been filled out properly, and depending on the number of people filling out payment plans, it will normally take between 20 to 30 minutes. Call us at 432-688-4700 for more information.

You will be notified by an automated voice system and be sent a reminder card that the payment is due. Call us at 432-688-4700 for more information.

No. The County Court in Midland County gives defendants 90 days from the date of their court appearance to pay the court cost and or any fines associated with their case. Call us at 432-688-4700 for more information.

Yes, you can. If the total is paid off within the first month of setting up the payment plan, it will also save a 25 fee. Call us at 432-688-4700 for more information.

Money orders,cashiers check and debit/credit card are accepted. Payments can be made at the Warrant Services Department, online at midlandcotx.govtportal.com or mailed in to:

709 W Washington
Midland, TX 79701

If you have more than one outstanding warrant you will need to speak with an investigator and they will determine if you will be able to pay off one warrant at a time. If you are allowed to do this, be aware that the other warrants will not be removed, and you are still subject to arrest until all warrants are completely taken care of. Call us at 432-688-4700 for more information.

The Interlibrary Loan service is available to patrons with a current Midland County Public Library library card in good standing. The service is not available to patrons with temporary cards. Patrons under the age of 18 will need to use a parent's or guardian's library card when submitting requests. Contact the library at 432-688-4320 for more information.

Midland County Public Library does not charge for the use of the Interlibrary Loan service. Possible charges that can incur are return postage or a lending library fee. Patrons must agree to these charge prior to ordering. Contact the library at 432-688-4320 for more information.

Books, DVDs, audiobooks and photocopies can be requested. Some microfilm may be available, depending on a lending library’s policy. Learn more on our Library Cards page.

Materials currently owned by the Midland County Public Library may not be requested through Interlibrary Loan, including reference (non-circulating) items.  If our copy of an item is lost or missing, then it may be requested. eBooks and eAudiobooks cannot be borrowed through Interlibrary Loan. Contact the library at 432-688-4320 for more information.

Patrons can submit a request by using the online form. Request forms are also available at any department at both library locations (Downtown or Centennial Library). Patrons are limited to submit five requests per week. Contact the library at 432-688-4320 for more information.

It may take two to three weeks to receive a request, depending on the availability of the material being requested. Some requests may take longer to obtain. Contact the library at 432-688-4320 for more information.

The lending period for requested items depends upon the length of time allowed by the lending library and can vary from a week to several weeks. Patrons may request a renewal on an Interlibrary Loan item with the exception of DVDs. Renewals must be requested prior to the due date or overdue fines will incur. Renewals are dependent upon the lending library; therefore, they are not guaranteed to be granted. Any patron's abuse of the agreed terms of borrowing items may result in Midland County Public Libraries denying that patron's future use of the Interlibrary Loan service. Contact the library at 432-688-4320 for more information.

Once an Interlibrary Loan item is received and processed, patrons will be notified in the same manner as their Midland County Public Library holds. Contact the library at 432-688-4320 for more information.

The patron is responsible for all fees / fines which are incurred during check-out and if the item is lost or damaged. The lending library determines replacement costs and fees.The patron's library card account will be restricted until all fees / fines are paid. Contact the library at 432-688-4320 for more information.

Midland County Public Libraries (MCPL) will loan books that are available for check-out and have no holds on them. Contact the library at 432-688-4320 for more information.

Midland County Public Libraries will not loan the following:

• Audio visual materials (DVDs and audiobooks)
• eBooks or eAudiobooks
• Items added to our collection in the last 6 months
• Items in our Genealogy collection-photocopies can be provided
• Items in our Petroleum collection-photocopies can be provided
• Microfilm
• Newspapers
• Reference materials

Midland County Public Libraries will photocopy up to 50 pages free of charge. Contact the library at 432-688-4320 for more information.

There are not any fees for borrowing our materials. If an item is lost or damaged, we will charge a replacement fee. Contact the library at 432-688-4320 for more information.

The lending period is four weeks. One two week renewal may be given if requested prior to an item’s due date. To contact the Interlibrary Loan (ILL) Department, you may call 432-688-4337 or email the Interlibrary Loan department.

Septic permits can be obtained through the City and County Health Department for any and all septic system. Details and specific information may be obtained through the Health Department at 432-681-7613.

All permits pertaining to drive ways in the County can be obtained through the Midland County Road and Bridge Department at 432-688-4155.

Pipeline permits can be obtained through the Midland County Road and Bridge Department at 432-688-4155. To obtain a pipeline easement contact the County Commissioner in that precinct.  

Midland County does require addresses.The Midland Emergency Communication District issues all addresses for Midland County. They can be contacted at 432-684-9911.

Although, Midland County does not have any specific planning and zoning requirements, the County requests that building and installations follow the National Fire Protection Association (NFPA) life safety code 101 or greater. Midland County does not maintain alleyways or have mandatory restrictions; however, other restrictions may apply, such as, retention ponds, minimum acreage for septics, etc.

Midland County follows the rules and regulations of the Texas Commission on Environmental Quality. They can be reached at 432-570-1359 or online.

Please contact the Midland County Road and Bridge Department for more information at 432-688-4155.

A blue colored street sign indicates the street as a Midland County road and is maintained by Midland County. A green colored street sign indicates the street as a City road and is maintained by the City of Midland. A brown colored street sign indicates the street is a private road maintained by the private owner or a public road that is not part of the Midland County road system. Midland County does not maintain public roads that are not part of the Midland County road system. FM and State Highways are maintained by Texas Department of Transportation. These roads are maintained (repaired) by the corresponding municipalities; except for private roads. Contact Road and Bridge at 432-688-4155 for more information.

The ETJ is the extraterritorial jurisdiction of the City of Midland. This is an area in Midland County outside of the city limits of the City of Midland in which certain regulations and ordinances of the City apply. In Midland County, the ETJ extends five miles from the city limits. For an explanation of City regulations and ordinances that apply in the ETJ please call the City of Midland Planning and Zoning department at 432-688-7400. The County requires the developer obtain a letter from the City in the instance they choose not to enforce their rules regarding any platting matter within the ETJ.

Texas law requires a land owner to prepare a plat of their land and obtain approval of the plat from either the City or the County in certain situations. When land lies within the ETJ, the subdivision and platting regulations of the City of Midland apply. Please contact the City of Midland Planning and Zoning department at 432-688-7400 for information on the City’s subdivision and platting regulations. When land lies within the boundaries of Midland County and outside of the ETJ, Midland County’s subdivision regulations determine whether you must plat your land. In general, a plat is required whenever land is divided into two or more parts for the purposes of laying out a subdivision, lots, or streets, or alleys.

There are certain exceptions to the platting requirement. For example, in some circumstances platting may not be required if the land is divided for agricultural use or for sale to a family member, or if all of the resulting lots are 10 acres or larger and there are no streets, alleys, or parks for the use of the public or the lot owners.

If a subdivision plat is required, the plat must meet all requirements of Midland County, must be filed with the Midland County Clerk and must be approved by the Commissioners Court. For a copy of Midland County’s subdivision regulations please call 432-688-4310. Texas laws regarding subdivisions can be found at Texas Local Government Code, Chapter 232.

Download the drive way permit (PDF). Mail or hand deliver the application and $50 - per tie in - permit fee to the Public Works Office, Midland County Courthouse (11th Floor). Cash or check only. All applications for permit must be submitted by the Wednesday prior to the next Commissioners Court meeting. Commissioners Court meetings take place every 2nd and 4th Monday of the month. Permits will be approved these dates.

Download the Road Crossing Permit (PDF). Mail or hand deliver the application and $250 - per crossing - permit fee to the Public Works Office,  at the Midland County Courthouse (11th Floor). Cash or check only. All applications for permit must be submitted by the Wednesday prior to the next Commissioners Court meeting. Commissioners Court meetings take place every 1st and 3rd Tuesday of the month. Permits will be approved these dates.

Download the Road Specifications (PDF) for Midland County. For more information call us at 432-688-4155.

Public Notice: Texas Local Government Code

Noticia Publica: Código de gobierno local de Texas

To be eligible to vote early by mail in Texas as a registered voter, you must:

• be 65 years or older;
• be sick or disabled;
• be expecting to give birth within three weeks before or after Election Day;
• be out of the county on Election Day and during the period for Early Voting by personal appearance;
• be confined in jail, but otherwise eligible to vote;
• be civilly committed under Chapter 841 of the Texas Health and Safety Code.

MILITARY AND OVERSEAS VOTERS

Military and Overseas Voters are welcome to use the regular registration and early voting by mail process, known as absentee voting, available to all voters away from their home country on Election Day. However, there are also special provisions. You can read more about these Special Provisions for Military and Overseas Voters.

Download the Application or contact the Midland County Elections Office at 432-688-4890 to request an Application 

• Application for Ballot By Mail (PDF) 

For Miliatry and Overseas Voters: 

• Federal Postcard Application (FPCA) (PDF)

For detailed instructions on how to fill out an application and envelope view the pdf below: 

• How to fill out an Application for Ballot By Mail (ABBM) & Carrier Envelope (PDF)

1. Print the ABBM form or call the Midland County Elections Office to request an application. Then follow the steps below:
2. Complete sections 1 through 5 (6 if applicable).
3. Sign and date section 5.
4. If you were unable to sign the application and someone witnessed your signature, that person must complete section 6.
5. If someone helped you complete the application or mailed the application for you, that person must complete section 6.
6. Affix postage.
   1. If you print the application you must place it in your own envelope and add postage.
   2. If you ordered the application online and it was mailed to you - fold application in half, remove tab along top of application, seal and add postage.
7. Address and mail the completed ABBM to the Elections Office at P.O. Box 3434, Midland, TX 79702.

*You may also submit your application by fax at (432) 688-4912 or by email at cgraves@mcounty.com

*IF AN APPLICATION IS FAXED OR EMAILED: THE ORIGINAL, HARD COPY OF THE APPLICATION MUST BE MAILED AND RECEIVED BY THE ELECTIONS OFFICE NO LATER THAN THE 4TH BUSINESS DAY.