Comal County Criminal Courts

If you have been arrested in New Braunfels or anywhere in Comal County, the courthouse can feel confusing fast: three county courts that all hear the same kind of case, felony courts a short walk away in a different building, and a driver's-license clock running quietly in the background. This guide explains how the Comal County criminal courts actually work: where your case will be heard, who will be prosecuting it, what the local process looks like from arrest to disposition, and what diversion and specialty-court programs may be available. It reflects how these courts run in practice, not just what a statute says. Nothing here is legal advice or a promise about your case (every case is different), but it should help you walk in knowing what to expect.

Where your case will be heard

Which court hears your case depends entirely on the level of the charge.

Misdemeanor DWI and other Class A/B misdemeanors: County Courts at Law. Comal County has three statutory County Courts at Law (County Court at Law No. 1, No. 2, and No. 3), and all three share jurisdiction over every Class A and Class B misdemeanor criminal case. That includes misdemeanor DWI: a first DWI (Class B), a DWI 2nd, and a DWI with a breath or blood alcohol concentration of 0.15 or more (both Class A). The county's own statement is that the Comal County Courts at Law have jurisdiction over "all class A and B misdemeanor criminal cases." Importantly, misdemeanor DWI is not assigned to a single dedicated "DWI court" by number here; cases are filed and docketed across Courts 1, 2, and 3. The County Courts at Law and their clerk are at 199 Main Plaza, Suite 1102, (830) 221-1180. The county's Veterans Treatment Court is administratively housed in County Court at Law No. 2.

Felony charges: District Courts. Felony criminal matters, including felony DWI (a third or subsequent DWI, or DWI with a child passenger, a state-jail felony), are heard in Comal County's District Courts. The county is served by the 22nd, 207th, 274th, 433rd, and 466th Judicial District Courts, which hear felonies; district courts have "original jurisdiction in all felony criminal cases." Felony cases are assigned across these courts rather than to one dedicated felony-DWI court. Felony filings run through the District Clerk at 150 N. Seguin Avenue, Suite 3009, (830) 221-1250.

Class C, fine-only offenses: Justice of the Peace and municipal courts. Fine-only Class C matters (most traffic tickets, public intoxication, minor-in-possession, and city-ordinance violations) are not heard in the County Courts at Law. Offenses outside city limits go to one of Comal County's Justice of the Peace precinct courts; Class C offenses inside New Braunfels city limits go to the New Braunfels Municipal Court.

Who prosecutes your case

Here is one of the most important things an out-of-town firm gets wrong about Comal County: there is no split between a County Attorney and a District Attorney.

A single Criminal District Attorney prosecutes everything. Comal County has one prosecuting office (the Comal County Criminal District Attorney, led by Criminal District Attorney Jennifer Tharp), and it prosecutes all criminal cases, misdemeanor and felony alike. In the county's words, the Criminal District Attorney "represents the State of Texas and victims of crimes in all criminal cases in the District Courts, County Courts-at-Law, and Justice Courts and in appeals therefrom." So your misdemeanor DWI is prosecuted by the same office that handles felony DWI, not by a separate county attorney. The office is at 199 Main Plaza, Suite 2007, New Braunfels, TX 78130; phone (830) 221-1300; generally open 8:00 AM–noon and 1:00–5:00 PM.

Intake and pretrial diversion. The Criminal District Attorney runs a general Pretrial Diversion Program. Applications must be delivered to the office within 30 calendar days of retaining or being appointed counsel, or of the first appearance (whichever is later), and only certain offense types are accepted after an individual assessment. Comal defense-bar practice indicates that DWI is generally not admitted to the standard pretrial diversion track here; confirm the current written policy with the office before relying on eligibility.

How a first-offense DWI is generally handled. Because a single office prosecutes across all levels, the same policies apply to a first misdemeanor DWI as to a felony. Unlike some neighboring counties, Comal does not appear to offer a dedicated first-offense-DWI diversion track that ends in an automatic dismissal, which tends to put more weight on the evidence, the driver's-license track, and trial posture. Whether any individual case is reduced, diverted, or set for trial depends on the specific facts, the defendant's record, and the evidence, and no outcome is promised. This guide describes the options that exist here; it does not predict what will happen in any particular case.

The local process, step by step

Every case is different, but a Comal County criminal case generally moves through these stages:

1. Arrest and booking. After a DWI or other arrest, you are booked into the Comal County Jail through the Sheriff's Office (Corrections, 3000 IH-35 South), which maintains the arrest and booking records.
2. Magistration. A magistrate informs you of the charges and your rights, sets bond, and imposes any bond conditions, generally shortly after booking.
3. Bond and conditions. Bond and conditions are set at magistration. Conditions in DWI cases can include no-alcohol terms, an ignition interlock device, or portable/continuous alcohol monitoring. For current bail amounts, call the Sheriff or District Clerk.
4. The driver's-license clock (separate track). A DWI arrest starts a second, civil case against your license. You have only 15 days from the date of service of the notice to request an Administrative License Revocation (ALR) hearing from the Texas Department of Public Safety, or your license is automatically suspended. This proceeding is handled by the State Office of Administrative Hearings, not the criminal court; see the programs section below.
5. Filing and first setting. For a misdemeanor, the Criminal District Attorney files the charge and the case is set in the assigned County Court at Law (No. 1, 2, or 3). For a felony, the case is presented to a grand jury for indictment before it proceeds in a District Court. Your first setting is largely administrative: appearances, scheduling, and confirming counsel.
6. Discovery. Under the Michael Morton Act (Texas's criminal discovery statute), the prosecution provides its evidence. In DWI cases this typically includes the offense/incident report, the probable-cause affidavit, CAD dispatch records, breath or blood lab results, certified driving records, any EMS or hospital records, and dash-cam and body-cam video. Filing and exchange are handled electronically.
7. Announcement / plea dockets. Cases move through a rhythm of reset settings at which the parties announce status, exchange positions, and either continue negotiating or move toward trial.
8. Pretrial motions. Where the facts support it (and routinely in felony matters), the defense files motions such as a motion to suppress evidence, along with related trial-preparation filings.
9. Trial setting. If the case does not resolve, it is set for trial, with announcement practice governing how firmly a given trial date holds.
10. Disposition. The case concludes by dismissal, reduction, plea, or trial verdict, depending on its facts and posture.

Local programs

Comal County runs a diversion program and several specialty dockets. A key point for DWI defendants: only one of these reliably ends in dismissal on completion, and DWI is generally not eligible for it. Eligibility and outcomes below come from the county's published materials; confirm current terms with the administering office, because criteria change.

• Pretrial Diversion Program (Comal County Criminal District Attorney). Successful completion of the program results in dismissal of the case without prosecution, but only certain offense types qualify, and DWI is generally not admitted to the standard diversion track here. Apply within 30 days of retaining or being appointed counsel, or of the first appearance, whichever is later. Outcome: dismissal, but generally not available for DWI.
• Veterans Treatment Court (housed in County Court at Law No. 2). This docket diverts justice-involved veterans from the traditional criminal-justice process. Because the county operates it, veteran or active-duty status is worth raising early. The county does not publish the required plea, program length, or whether completion yields dismissal; confirm those terms and DWI eligibility with the court.
• Mental Health Court. Comal County's Mental Health Court is a post-plea, probation-supervision model (generally requiring a plea and a term of community supervision to participate) rather than an automatic dismissal on completion.
• Accountability Court (adult DWI court). Entry is post-judgment (after conviction), generally for repeat or higher-risk DWI cases. Because entry follows conviction, completion does not dismiss the charge; it is a supervised sobriety and treatment regimen after conviction.
• Challenge Court (felony Drug/DWI Court). A voluntary felony-level drug and DWI treatment court. Confirm with the court whether completion yields dismissal, a reduced sentence, or early termination of probation.

Driver's-license (ALR) hearings. ALR hearings are civil driver's-license proceedings held by the State Office of Administrative Hearings (SOAH), not the criminal courts, with DPS as the opposing party. The hearing must be requested within 15 days of service of the notice, or the suspension is automatic. Administrative law judges apply a lower burden of proof than the criminal court, and hearings are now commonly held remotely by videoconference; DPS sets the date after a timely request. The separate Occupational Driver's License (ODL) petition, which lets an eligible driver keep driving to work, school, and treatment while a suspension is in play, is filed separately, often in the county of the driver's residence or where the case is pending.

What makes Comal County different

A few realities of practicing here are things a local defendant would recognize immediately and an out-of-town firm can miss. Each of the points below is a matter of public court structure and published local programs, not a statement about any client's case.

One office prosecutes everything: plan for that. Comal County does not split prosecution between a County Attorney and a District Attorney the way larger metro counties do. A single Criminal District Attorney handles a first misdemeanor DWI and a felony DWI alike, which means one set of office policies applies across the whole spectrum of a case. A lawyer who assumes a Travis- or Bexar-style two-office structure will be looking for the wrong door.

There is no dedicated "DWI court" by number. Misdemeanor DWI is docketed across the three County Courts at Law, and felony DWI is assigned across the five District Courts. Knowing that cases spread across the docket (rather than funneling to one judge) matters for scheduling and for understanding how a given setting will run.

Misdemeanor and felony cases live in two different buildings. Class A/B misdemeanors are heard at 199 Main Plaza, while felonies and felony filings run through 150 N. Seguin Avenue. Confirming which building your setting is in before you leave the house is a small thing that trips up out-of-town defendants and counsel alike.

Diversion is not the automatic first-offense safety valve it is in some counties. The county's general pretrial-diversion program is real, but it is not the standard first-offense DWI off-ramp; DWI is generally excluded from the ordinary diversion track. That reality shifts the center of gravity toward the evidence, pretrial motions, and the driver's-license fight, rather than toward an application that resolves the case by dismissal. It also makes the 30-day diversion-application clock relevant mainly for eligible non-DWI companion charges, where it can still matter.

The driver's-license track carries real weight here, and it moves on its own clock. A Comal County DWI is effectively two proceedings running in parallel: the criminal case in the County Court at Law and a separate administrative fight over your license at SOAH, with its own 15-day deadline. Requesting the ALR hearing on time and, where a suspension is in play, petitioning for an Occupational Driver's License so a person can keep driving are steps that stand apart from the criminal case entirely. Handling the criminal case well but ignoring the license track is one of the most common and costly mistakes a defendant makes.

The county runs specialty dockets worth screening for. Between the Veterans Treatment Court housed in County Court at Law No. 2, a Mental Health Court, an adult Accountability Court, and a felony-level Challenge Court, eligibility for a specialty program is a routine early question, particularly for veterans and active-duty service members, given that the Veterans Treatment Court exists locally.

Attorneys who appear here

Attorney profiles for this courthouse will appear here: photo, name, bar admission, any board-certification notes, and Comal County experience.

• [Attorney Card 1 (pending)]
• [Attorney Card 2 (pending)]
• [Attorney Card 3 (pending)]

Charges we defend in Comal County

We defend the full range of criminal and DWI matters in the Comal County courts, including:

• DWI: first offense
• Felony DWI
• Multiple-offense DWI (DWI 2nd and subsequent)
• Underage DWI
• Weapons and unlawful-carry charges
• Drug possession and drug charges
• Assault

External resources

• Comal County case records search
• Comal County Courts at Law (misdemeanor)
• Comal County District Court (felony)
• Comal County District Clerk
• Comal County Criminal District Attorney
• Comal County Pretrial Diversion Program / application
• Comal County Veterans Treatment Court
• Comal County Corrections / jail (Sheriff)
• SOAH driver's-license (ALR) hearings

Frequently Asked Questions

Nearest Office

New Braunfels sits between San Antonio and Austin, and our San Antonio office is the closest to the Comal County criminal courthouse. If you have been arrested in Comal County, call for a free case review or contact us online.

Other Courthouse Guides

• Bexar County (San Antonio) Courthouse Guide: The criminal courts of Bexar County.
• Guadalupe County Courthouse Guide: The criminal courts of Guadalupe County (Seguin).
• Hays County Courthouse Guide: The criminal courts of Hays County (San Marcos).
• Travis County (Austin) Courthouse Guide: The criminal courts of Travis County.