No. In most cases, it is not legal to put a GPS tracker on someone else’s car in Texas. Under Texas Penal Code § 16.06, knowingly installing a tracking device on a motor vehicle owned or leased by another person without their consent is a Class A misdemeanor. This charge can result in up to one year in county jail and fines up to $4,000.

If you’re caught tracking your spouse’s vehicle during a divorce or custody dispute, the consequences extend far beyond criminal charges. What you thought might help your case could actually devastate it.

What the Law Actually Says

Texas Penal Code § 16.06 makes it a criminal offense to knowingly install an electronic or mechanical tracking device on a vehicle that you do not own or lease. The statute covers GPS units, Bluetooth trackers like AirTags, and any device capable of transmitting location data.

The offense applies when you install a tracker on someone else’s vehicle without their effective consent. Even if you share a home or a marriage with the vehicle’s owner, installing a hidden tracker on their car can still violate this law.

A Class A misdemeanor is the most serious type of misdemeanor in Texas. A conviction means:

• Up to 1 year in the Tarrant County Jail or other county jail
• A fine up to $4,000
• A permanent criminal record
• Potential restraining orders and protective orders

What About Jointly Owned Vehicles?

The law criminalizes installing a tracker on a vehicle “owned or leased by another person.” This creates ambiguity when the vehicle is jointly titled or purchased with community property funds during marriage.

Many Texas prosecutors have taken the position that tracking a vehicle primarily used by your spouse, particularly during a separation, can still result in charges. This is especially true when temporary court orders grant one spouse exclusive use of a specific vehicle. Those orders effectively eliminate any claim of “effective consent.” At least one federal court addressing the issue of jointly owned vehicles in the context of GPS trackers disagreed that an arrest for one spouse installing a GPS tracker on a jointly owned vehicle would give rise to a civil suit for malicious prosecution.

Even without explicit court orders, law enforcement and district attorneys frequently pursue charges against spouses who install trackers on the “family car” when the other spouse was the primary driver. The argument is straightforward: if you’re hiding a tracker, you know the other person wouldn’t consent to it.

Defenses to Unlawful Installation of a Tracking Device

Texas law provides several affirmative defenses that can defeat this charge:

Consent. If the vehicle’s owner or lessee gave you permission to install the device, you have a complete defense. This consent should be documented in writing whenever possible.

Law enforcement cooperation. Installing a tracker while assisting law enforcement under proper authorization is a valid defense.

Court order. If a court specifically authorized the tracking, the installation is lawful.

Owner status. If you are the sole owner of the vehicle (title in your name only), tracking your own property is not a crime. However, this defense may not apply to vehicles purchased during marriage, which are presumed to be community property regardless of whose name appears on the title.

The defense attorneys at Varghese Summersett have handled cases where clients genuinely believed they had a right to monitor a jointly owned vehicle. Understanding the nuances of ownership, consent, and community property law is essential to building a viable defense. If you’re facing these charges, talk to a Fort Worth stalking and surveillance defense lawyer who can evaluate the specific facts of your situation.

Typical Bond Amounts for Tracking Device Charges

If you’re arrested for unlawful installation of a tracking device in Tarrant County, you should expect to post bond before being released from the Tarrant County Jail or Lon Evans Corrections Center.

Based on our analysis of recent Tarrant County bond data, the most common bond set for violations of Texas Penal Code § 16.06 is $1,000. The average bond for this offense runs slightly higher, around $2,000, because some cases involve additional charges or aggravating circumstances.

Bond amounts can increase significantly when tracking device charges are filed alongside stalking, violation of a protective order, or harassment charges. In cases involving documented patterns of surveillance or intimidation, bonds can reach $5,000 or more.

When Tracking Becomes Stalking

Installing a single tracking device is a Class A misdemeanor. But repeated tracking, combined with other conduct that causes fear or harassment, can elevate the offense to stalking under Texas Penal Code § 42.072.

Stalking is a third-degree felony punishable by 2 to 10 years in prison. It becomes a second-degree felony (2-20 years) if you have a prior stalking conviction or if you violated a court order while engaging in the conduct.

Prosecutors often charge both offenses together when they believe the tracking was part of a broader pattern. In Tarrant County, bond amounts for stalking charges average around $28,000, reflecting the serious nature of these allegations.

Our attorneys recently represented a client charged with stalking in Tarrant County. The case involved allegations of surveillance and unwanted contact. Through careful investigation and strategic advocacy, we secured a resolution of 3-year deferred adjudication, which gives our client the opportunity to have the charge dismissed upon successful completion of probation.

The Family Law Consequences Can Be Worse Than Criminal Charges

Here’s what many people don’t realize until it’s too late: even if the criminal case results in a dismissal or light sentence, the family court consequences can be devastating.

Impact on Your Divorce Case

Texas is a no-fault divorce state. You don’t need to prove adultery to get divorced. But evidence of adultery can still affect property division and, in some cases, spousal maintenance.

The problem is that evidence obtained through illegal tracking is immediately suspect. Your spouse’s attorney will attack it on multiple grounds: the criminality of how it was obtained, the invasion of privacy, and any violations of standing orders that prohibited monitoring the other spouse.

Even if a judge allows some of the evidence, the bigger picture often works against the tracking spouse. You may have proof that your spouse visited someone’s apartment, but now you’ve also given them proof that you committed a crime to get it. Judges frequently view the tracking spouse as the greater wrongdoer.

Impact on Child Custody

Custody disputes turn on what’s in the “best interest of the child.” Texas courts evaluate factors like each parent’s emotional stability, ability to co-parent, and any history of family violence.

Covert GPS tracking of the other parent can be characterized as stalking, harassment, or controlling behavior. This cuts against you on multiple custody factors. Your ex’s attorney will argue that you’ve demonstrated:

• Poor judgment
• Inability to respect boundaries
• Controlling or obsessive behavior
• Potential for escalation

Several Texas family courts have used unauthorized tracking as grounds for restricting the tracking parent’s access to the children. Outcomes have included supervised visitation, restricted geographic radius, and custody arrangements favoring the non-tracking parent.

If you’re going through a divorce and concerned about your spouse’s behavior, there are legitimate ways to address those concerns through the family court system. You should explore those options with a family law attorney before taking any action that could backfire. Learn more about what to do if you suspect your spouse is cheating.

Protective Orders and Restraining Orders

Texas courts have become increasingly sensitive to surveillance and tracking in the domestic context. Recent legislative updates treat unauthorized GPS tracking as a form of family violence when directed at a current or former intimate partner, particularly when it’s part of a pattern of stalking or harassment.

If your spouse discovers a hidden tracker on their car, they can petition for a protective order citing both the Penal Code § 16.06 violation and the broader pattern of conduct. Protective orders can restrict your contact with your spouse and children, remove you from your home, and create additional criminal exposure if you violate them.

A violation of a protective order is a Class A misdemeanor for a first offense, but it becomes a third-degree felony if you have prior violations or commit the offense while on bond for a family violence offense.

What About Tracking Your Own Child?

The analysis changes when you’re tracking your minor child’s vehicle rather than your spouse’s. Texas law recognizes parental rights to monitor and supervise children, and most courts would not find a Penal Code § 16.06 violation when a parent tracks a car driven by their underage child.

However, complications arise when:

• The vehicle is owned by the other parent
• A custody order restricts your ability to monitor the child
• The tracking is primarily aimed at monitoring the other parent’s activities

If you’re considering tracking a vehicle used by your child, review any existing custody orders carefully and discuss the situation with an attorney first.

The Criminal Court Process for Tracking Device Charges

If you’re arrested for unlawful installation of a tracking device in Texas, here’s what to expect:

Arrest and booking. You’ll be taken to the county jail for processing. In Tarrant County, this typically means the Lon Evans Corrections Center or the Green Bay facility.

Bond and release. For a Class A misdemeanor, you’ll generally be able to post bond and be released within hours. As noted above, bonds typically range from $1,000 to $2,000 for standalone tracking charges.

Arraignment. You’ll appear in court to receive formal notice of the charges and enter an initial plea. In Tarrant County, misdemeanor cases are handled in the County Criminal Courts.

Pretrial proceedings. Your attorney will review the evidence, file any necessary motions, and begin negotiations with the prosecutor. Key issues often include whether consent existed, who actually owned the vehicle, and whether the tracking was part of a broader pattern.

Resolution. Cases may resolve through dismissal, plea agreement, or trial. The best outcomes often involve pretrial diversion programs or deferred adjudication, which can result in the charge being dismissed from your record.

Our attorneys have successfully defended clients facing tracking device charges, securing dismissals and reductions that protect their criminal records and their rights in related family law proceedings.

What to Expect From Varghese Summersett

Varghese Summersett is one of Texas’s premier criminal defense and family law firms, with offices in Fort Worth, Dallas, Houston, and Southlake. Our team of more than 70 legal professionals includes former prosecutors, board-certified specialists, and attorneys with decades of trial experience.

We’ve secured more than 1,600 dismissals and 800 charge reductions for our clients. Our approach combines aggressive legal advocacy with a clear understanding of how criminal and family law cases intersect.

When you’re facing charges that could affect both your freedom and your family, you need attorneys who understand both sides of the courthouse. We coordinate defense strategies across criminal and family courts to protect all your interests, not just the case in front of one judge.

If you’ve been charged with unlawful installation of a tracking device, stalking, or related offenses, or if you’re concerned about how surveillance activities might affect your divorce or custody case, call us for a free consultation.

Frequently Asked Questions

Can I put a GPS tracker on my spouse’s car if I suspect they’re cheating?

Generally, no. If the vehicle is solely titled in your spouse’s name, installing a tracker without their consent violates Texas Penal Code § 16.06. Even on jointly titled vehicles, prosecutors have pursued charges when one spouse secretly tracks the other, particularly during separation or when court orders grant exclusive vehicle use. The potential benefit of catching evidence of adultery is typically far outweighed by the criminal exposure and damage to your custody case.

What’s the difference between a tracking device charge and a stalking charge?

Unlawful installation of a tracking device is a Class A misdemeanor covering the single act of installing surveillance equipment. Stalking under Texas Penal Code § 42.072 is a felony that requires a pattern of conduct causing the victim to fear for their safety or the safety of a family member. If prosecutors believe your tracking was part of a broader pattern of surveillance, harassment, or intimidation, they may charge both offenses. Stalking carries significantly higher penalties, including potential prison time.

Will my criminal case affect my divorce or custody case?

Yes, almost certainly. Evidence of criminal conduct involving surveillance, tracking, or harassment will be used against you in family court. Texas judges consider factors like emotional stability, respect for boundaries, and history of family violence when making custody determinations. A tracking device charge, even if it results in dismissal, can significantly harm your position in a custody dispute.

Can I track my teenager’s car?

Parents generally have the right to monitor their minor children, including tracking vehicles they drive. However, complications arise if the vehicle is owned by the other parent, if custody orders restrict monitoring, or if the tracking is really aimed at the other parent rather than the child. Review your custody order and consult an attorney before installing any tracking device.

What if I find a tracker on my car?

Document the device with photographs and preserve it as evidence. You may want to file a police report, particularly if you’re in a divorce or custody dispute. Depending on your circumstances, you may be able to seek a protective order against the person who installed it. Consult with both a criminal defense attorney and a family law attorney to understand your options.

Protect Your Rights and Your Record

A tracking device charge can seem minor on paper, but its consequences ripple through every aspect of your life. Criminal penalties, protective orders, and family court battles can compound quickly. The best defense starts early, before statements are made, before evidence is lost, and before the family court forms opinions based on incomplete information.

Varghese Summersett’s criminal defense and family law teams work together to protect clients facing these interconnected issues. We understand how prosecutors build these cases, how family courts react to surveillance allegations, and how to position you for the best possible outcome in both proceedings.

Call (817) 203-2220 to schedule a free consultation with a defense attorney who handles both criminal and family law matters.

The Legal Implications of “Are We Dating the Same Guy?”

“Are We Dating the Same Guy” (AWDTSG) started as a way for women to vet potential dates. It has become something far more legally significant. With over 8 million members across more than 200 cities, these private Facebook groups and the standalone app have evolved into platforms where reputations are made and destroyed, marriages unravel, and lawsuits are born.

If you’re going through a divorce in Texas, involved in a custody dispute, considering posting about someone, or just discovered you’re the subject of a thread, you need to understand the legal landscape. What happens in these groups doesn’t stay in these groups. It ends up in courtrooms, affects custody decisions, triggers defamation lawsuits, and sometimes leads to criminal charges.

This guide covers every legal angle of AWDTSG from a Texas lawyer’s perspective: using it as evidence in your divorce, the defamation risks of posting, what to do if you’re posted about, and the criminal exposure that can arise from this platform.

What AWDTSG Is and How It Works

AWDTSG is a network of private, city‑based Facebook groups—and a newer companion app—where women share information about men they are dating or considering. The first group launched in New York City in 2022 and quickly grew into hundreds of city‑specific communities across the United States and abroad.

What began with simple posts like “Is he actually single?” has evolved into a broader venue for sharing allegations and personal accounts about men’s behavior. Members often post photos or dating app screenshots alongside questions or warnings, prompting others to respond with their own experiences, including claims of cheating, emotional abuse, or other serious misconduct.

Multiple AWDTSG and AWDTSG‑style groups operate in Texas, including communities that cover the Dallas–Fort Worth metro area, Houston, Austin, and San Antonio and even small markets like San Angelo and Midland.

Some operate under the official AWDTSG umbrella, while others use names like “Is This The Same Guy?” with varying levels of moderation.

Texas AWDTSG Groups

Note: These are private groups. Member counts fluctuate and are estimates based on comparable markets. For reference, the New York group has over 136,000 members, and the Los Angeles group has approximately 52,000. The main AWDTSG network reports 8.1 million members across all groups worldwide.

The “uncensored” variants deserve special attention. These groups often have looser rules about what can be posted, including full names, employers, and detailed personal information. From a legal perspective, these groups present the highest risk for both posters and subjects because they’re more likely to cross the line into actionable defamation or harassment.

What Group Rules Don’t Tell You

Most AWDTSG groups require screening questions before you can join. Applicants typically confirm their gender, location, and intent, then agree not to share screenshots outside the group. But here’s what those rules don’t tell you: moderators check compliance with group guidelines, not factual accuracy.

This means false or exaggerated information can spread to thousands of people before anyone questions whether it’s true. The rules exist to protect the group from being shut down by Facebook, not to protect you from legal liability if you post something defamatory.

Finding Your Spouse on AWDTSG: Evidence in Your Divorce

For many people, AWDTSG becomes relevant when they discover their spouse has been living a double life. Someone sends you a screenshot. Your spouse’s face is plastered across a Facebook group, with dozens of women sharing stories about dates, lies, and relationships that overlapped with your marriage. Or you discover your spouse is an active member of these groups, posting photos of men they’ve been seeing while still married to you.

This discovery can be a turning point in your divorce case. The posts, comments, and screenshots could become powerful evidence affecting property division, custody decisions, and your spouse’s credibility in court. But only if you handle it correctly.

Two Ways Your Spouse Appears

Being discussed by other women. This is often how betrayed spouses first learn the full extent of their partner’s infidelity. Women post photos asking, “Anyone know this guy?” and the responses reveal a pattern of dating, lying about being single, and carrying on relationships during your marriage. You might see screenshots of dating app profiles, text messages showing romantic conversations, multiple women confirming they dated your spouse during specific time periods, detailed accounts of lies about marital status, and photos from dates or trips you knew nothing about.

Actively posting in these groups. Sometimes the discovery goes the other way. Your spouse is a member, actively posting photos of men they’re dating or asking other women about potential matches. This shows they weren’t passively receiving attention but actively pursuing new relationships while married. Their posts reveal timelines, intentions, and sometimes direct admissions about the marriage.

Using AWDTSG Evidence for Property Division

Texas allows both no-fault and fault-based divorce. While many divorces proceed on no-fault grounds, proving fault can significantly impact property division. Under Texas Family Code § 6.003, adultery is grounds for divorce. More importantly, proven adultery can result in a disproportionate division of the marital estate in your favor.

Texas is a community property state, but judges have discretion to divide property in a way that is “just and right,” and fault is one factor they consider. AWDTSG posts can provide dated evidence of when affairs began, corroboration from multiple witnesses, documentation of money spent on dating and maintaining a double life, and proof that your spouse lied about being married.

Impact on Custody and Support

The best interest of the child is the primary consideration in Texas custody cases. A parent who maintained an elaborate double life demonstrated a pattern of deception that speaks to their character and judgment. Evidence that your spouse introduced children to dating partners or exposed them to instability matters. Courts want to know that the parent awarded conservatorship will make good decisions.

Adultery can also affect spousal maintenance determinations. If your spouse is seeking maintenance from you, evidence of their adultery may reduce or eliminate their eligibility.

How to Preserve This Evidence

The evidence you’re looking at could disappear at any moment. Posts get deleted, groups go private, and your spouse might scrub their online presence once they realize you know. Take screenshots of everything immediately: the post itself, all comments, the poster’s profile, the group name and member count, and any visible dates and times.

Use screen recording video that scrolls through entire threads to capture context. Note the exact date and time you captured the screenshots. If possible, have a witness present or have your attorney’s office document the evidence independently. Texas Rules of Evidence require authentication before social media evidence is admitted, so the more documentation you have about how and when you captured it, the stronger your position.

Don’t confront your spouse until you’ve preserved everything and consulted with your attorney. Once they know you’ve found this evidence, they may coordinate with others to remove content.

Strategic Use in Your Case

Having evidence and using it effectively are different things. Sometimes the most powerful use is in settlement negotiations. Your spouse may be highly motivated to settle favorably rather than have detailed testimony about their dating life become part of the public record.

AWDTSG evidence can also inform discovery questions. Your attorney might subpoena records, depose the women who posted about your spouse, or use the evidence to catch your spouse in lies during their deposition. If your spouse denies the affair under oath and you have AWDTSG documentation proving otherwise, their credibility on every issue in the case is damaged.

Texas Defamation Law and AWDTSG

Texas defamation law applies to AWDTSG posts just like any other public statement. Under Texas Civil Practice and Remedies Code Chapter 73, defamation occurs when someone publishes a false statement of fact about another person that damages their reputation. The key elements are falsity, publication, identification, fault, and harm.

When Posts Cross the Legal Line

A post becomes potentially actionable when it asserts or clearly implies specific, provably false facts. Saying someone “felt rude” on a date is opinion. Saying someone “beats his kids” or “knowingly spreads STDs” is a factual claim that can be proven true or false. The distinction matters enormously in court.

Certain categories of false statements are considered defamation “per se” under Texas law, meaning damages are presumed without requiring proof of specific harm. These include false accusations of criminal conduct, sexual misconduct, professional incompetence, and having a loathsome disease. AWDTSG posts frequently venture into this territory.

Posts are more likely actionable when they use identifying information like full names, photos, workplace details, or unique identifying characteristics. They’re also more dangerous when they reach a large audience, which is almost guaranteed in metro groups with tens of thousands of members. Evidence of recklessness or actual malice, such as text messages showing the poster knew claims were false, strengthens a defamation case considerably.

What’s Less Likely to Be Actionable

Pure opinion based on disclosed facts receives more protection. A post stating, “He told me he was single, but I later found his wife’s Facebook; in my opinion, he’s a liar” is structured as an opinion tied to specific facts the reader can evaluate. Vague statements without clear identification or statements limited to subjective value judgments (“I didn’t vibe with him”) are harder to sue over successfully.

Courts that have examined AWDTSG content have sometimes dismissed claims involving terms like “psycho” or descriptions of ghosting as non-actionable opinion. But repeated implications of serious misconduct, especially using loaded terms like “predator” or “abuser” without factual basis, can cross into actionable territory.

Real Litigation Over AWDTSG Posts

The legal risks aren’t hypothetical. In Los Angeles, a man sued multiple women for defamation, libel, and sex-based discrimination over AWDTSG posts, seeking approximately $2 million in damages. While one defendant prevailed on an anti-SLAPP motion, the case demonstrates how quickly posters can find themselves in expensive litigation.

In Illinois, a court dismissed claims against an AWDTSG group and its moderators, treating certain posts as opinion or non-actionable. But the court also warned that repeated implications of serious misconduct could cross the line. Courts are still working through how to apply traditional defamation principles to this new forum.

If You’re Thinking About Posting: Seven Questions to Ask First

Before posting anything in an AWDTSG group, treat it like sworn testimony. The same facts can later support or undermine a divorce, custody, or defamation case. Ask yourself these questions:

Am I stating a verifiable fact or expressing an opinion? Texas defamation law requires a false statement of fact. Pure opinion (“I felt unsafe on our date”) is generally protected. But “He beats his kids” is a factual claim that can be proven true or false. If a judge could say “true or false” to what you’re writing, you’re in dangerous territory.

Do I actually know this is true, and can I prove it? Truth is a complete defense to defamation. If your claims are accurate and you can back them up with texts, photos, or witnesses, your legal risk drops dramatically. Repeating rumors or unverified information you heard from someone else can be viewed as negligent or reckless.

Am I accusing him of a crime or sexual misconduct? False accusations of criminal conduct or sexual misconduct are classic defamation per se categories. They allow recovery without specific proof of economic loss. Labeling someone a rapist, child molester, or domestic abuser without clear, supportable facts is exactly the type of content that triggers high-dollar lawsuits.

Can he be clearly identified from what I’m posting? Using names, workplace information, photos, or unique details makes it easy to prove the post is “about” that person, a required element in Texas defamation claims. The more identifying information you include, the stronger a potential plaintiff’s case becomes.

Could this hurt his job or business reputation? Texas defamation law pays particular attention to statements harming someone’s profession or business. In divorce and custody cases, attacks on the other parent’s reputation can directly affect earning capacity, support calculations, and standing in the community.

Am I in the middle of a divorce, custody, or protective order case? Social media posts are routine evidence in Texas family courts. False or vindictive posts can undermine your credibility, be framed as harassment or attempted parental alienation, and violate standing orders that restrict posting about the divorce or the other party.

Would I stand behind this on the witness stand? Assume the other side screenshots everything. If you wouldn’t repeat the story under oath in front of a judge, don’t publish it to thousands of strangers. Even if you’re never sued, walking back a dramatic story in deposition can devastate your credibility on every other contested issue in your case.

If You’re Posted About: Do You Have a Case?

Not every unflattering AWDTSG post gives you a lawsuit. Most don’t. Before you call a lawyer, understand what’s actually actionable under Texas defamation law.

What’s NOT Actionable

Being called a “liar,” “cheater,” “narcissist,” or “red flag” isn’t defamation. Neither is someone saying you ghosted them, wasted their time, or gave them bad vibes. These are opinions or vague characterizations that courts consistently refuse to treat as actionable statements of fact.

If someone posts your photo and says, “avoid this one, total player” or “he led me on for months,” you probably don’t have a case. It stings, but Texas courts require false statements of specific, verifiable facts—not hurt feelings or damaged pride.

What IS Potentially Actionable

You may have a viable defamation claim if someone posted false statements accusing you of:

Criminal conduct. False claims that you committed assault, domestic violence, rape, sexual assault, theft, fraud, drug dealing, or any other crime.

Sexual misconduct or predatory behavior. False accusations that you’re a rapist, predator, or child molester. False claims of revenge porn, sexual coercion, or non-consensual acts.

Having a communicable disease. False statements that you have HIV, herpes, or other STDs, particularly combined with claims you knowingly exposed partners.

Professional misconduct or incompetence. False claims about your job performance, professional ethics, or conduct that could get you fired or cost you business.

Specific criminal history. False claims that you have a criminal record, are a registered sex offender, or have been arrested for specific crimes.

You Also Need Damages

Even if someone made a provably false accusation, you need to show it actually harmed you. There are two paths:

Defamation per se. If the false statement accuses you of a crime, sexual misconduct, having a loathsome disease, or professional incompetence, Texas law presumes damages. You don’t have to prove specific financial loss—the nature of the accusation itself is considered inherently damaging.

Everything else requires proof of actual harm. If the false statement doesn’t fall into those categories, you must demonstrate real-world consequences: you lost your job, lost a client or business opportunity, lost a relationship, were denied housing, or suffered other measurable harm directly caused by the post. “I’m embarrassed” or “my friends saw it” isn’t enough.

The Bottom Line

Before you contact us, ask yourself two questions:

1. Did someone make a specific, false factual claim about me—not just call me names or share opinions?

2. Did it actually cost me something—a job, income, relationship, professional standing—OR was it an accusation of crime, sexual misconduct, disease, or professional wrongdoing (where damages are presumed)?

If you can’t answer yes to both, you don’t have a viable case. If you can, screenshot everything and call us.

The Criminal Side: When AWDTSG Activity Leads to Charges

Sometimes AWDTSG activity intersects with criminal law. Accusations in these groups can trigger investigations for stalking, harassment, or protective order violations. Conversely, aggressive posting behavior can result in criminal charges against the poster.

Harassment

Under Texas Penal Code § 42.07, harassment occurs when someone initiates communication with intent to harass, annoy, alarm, abuse, torment, or embarrass another person. Coordinated campaigns to post about someone or encourage others to contact them could support harassment charges.

Stalking

Stalking under Texas Penal Code § 42.072 involves conduct directed at a specific person that would cause a reasonable person to fear bodily injury, death, or that an offense will be committed against them or their property. In one Tarrant County stalking case, we negotiated a plea to 3-year deferred adjudication with ankle monitor review after one year, avoiding the harsher consequences our client initially faced.

Protective Order Violations

Protective orders add another layer of complexity. Violating a protective order is a criminal offense, and repeated violations within a year can be charged as a felony. In our analysis of Tarrant County bond data, the average bond for violation of a protective order was $3,121, and violations occurring two or more times within 12 months averaged $52,894 in bond. These are serious charges with significant consequences.

How AWDTSG Posts Affect Other Family Law Issues

Property Division

Texas is a community property state, and judges have discretion in dividing the marital estate. Evidence of bad behavior, including vindictive or defamatory social media activity, can influence how a judge views the “just and right” division of property. False accusations made publicly can also affect settlement negotiations, as the accused party may be more motivated to resolve the case quickly to stop the reputational damage.

Child Custody and Conservatorship

The best interest of the child is the primary consideration in Texas custody cases. A parent who makes false public accusations against the other parent demonstrates poor judgment and potentially parental alienation behavior. Posts that reveal information about children, expose them to conflict, or violate court orders can significantly impact custody decisions.

On the flip side, documented patterns of concerning behavior by the other parent, properly verified and presented, can support arguments for modified custody arrangements or supervised visitation.

Spousal Support and Child Support

False claims about a spouse’s income, employment, or professional reputation can affect child support and spousal maintenance calculations. If defamatory posts actually result in job loss or damaged earning capacity, that harm may be considered in calculating support obligations.

Protecting Yourself During Divorce

The safest approach during any family law proceeding is to avoid social media activity related to your case entirely. Don’t post about your spouse, your divorce, your custody situation, or the other party’s new relationships. Don’t join groups like AWDTSG while litigation is pending. And don’t respond to posts about you without legal guidance.

If you’re already a member of these groups, consider whether staying is worth the risk. Even comments or reactions to others’ posts can be used to show your mindset, judgment, or involvement in this type of community.

Document everything your spouse or co-parent posts, but do so quietly. Have a trusted friend or family member take screenshots if needed. Your attorney can advise on when and how to use this evidence strategically rather than reactively.

Many Texas family courts use standing orders that restrict what parties can post about each other or the litigation on social media. Violating these orders can result in sanctions, damage your credibility with the judge, or hurt your position in custody disputes. If you’re currently involved in any family law matter, assume that anything you post online could end up as an exhibit in your case.

What to Expect From Varghese Summersett

Varghese Summersett handles complex family law matters throughout Texas from offices in Fort Worth, Dallas, Houston, and Southlake. Our team of legal professionals includes attorneys experienced in both the family law and criminal law aspects of cases involving social media evidence, protective orders, and defamation claims.

When you face a situation involving AWDTSG or similar social media complications, we provide strategic assessment of your legal exposure and options, coordination between family law and criminal defense when both are implicated, aggressive protection of your reputation and parental rights, and practical guidance on documenting and preserving evidence.

Whether you’ve discovered your spouse on AWDTSG and need to leverage that evidence, you’re facing false accusations and need to protect your reputation, you want to understand the risks before posting, or you’re defending against criminal charges arising from protective order or harassment allegations, our attorneys have the experience to guide you through these complicated intersections of family law, civil liability, and criminal exposure.

Frequently Asked Questions

Can AWDTSG posts be used as evidence of adultery in my Texas divorce?

Yes. Posts showing your spouse was dating, maintaining romantic relationships, or lying about being married can support adultery claims under Texas Family Code § 6.003. This evidence must be properly preserved and authenticated, but social media posts are routinely admitted in Texas family courts. Proven adultery can result in a disproportionate property division in your favor.

What should I do immediately after discovering my spouse on AWDTSG?

Screenshot everything before it disappears, including posts, comments, the poster’s profile, and group information. Note the dates and times. Do not confront your spouse or tell anyone who might warn them. Contact a family law attorney before taking any action. The evidence could be powerful in your case, but only if preserved properly and used strategically.

Can I sue someone for posting about me in an AWDTSG group?

Potentially, yes. If the post contains false statements of fact (not just opinion), clearly identifies you, was made negligently or recklessly, and caused damage to your reputation, you may have a defamation claim under Texas law. Posts accusing you of crimes, sexual misconduct, or professional incompetence are particularly actionable. However, truth is a complete defense, and some statements may be protected as opinion.

Can I post about my cheating spouse in AWDTSG to warn other women?

This is legally risky during divorce proceedings. Even truthful posts can violate court standing orders, damage your credibility with the judge, or invite counter-claims. If you post false or exaggerated information, you could face defamation liability. The safest approach is letting your evidence work through proper legal channels rather than social media.

Will AWDTSG posts affect my divorce or custody case?

Very likely. Texas family courts routinely admit social media evidence. Posts by your spouse can show their judgment and credibility. Posts about you, true or false, can affect negotiations and your standing. Your own posts can be used against you. Many courts have standing orders restricting social media activity during litigation, and violations can result in sanctions.

What if my spouse posts false information about me in AWDTSG?

Document everything immediately with timestamped screenshots. False statements of fact may support defamation claims and can be used in your divorce to demonstrate your spouse’s bad faith, harassment, or poor judgment. Your attorney can pursue removal through platform reports, cease-and-desist letters, and potentially court orders limiting future posts.

Can posting in AWDTSG lead to criminal charges?

In some circumstances, yes. Repeated contact intended to harass could support harassment charges under Texas Penal Code § 42.07. Conduct causing fear of harm could lead to stalking charges. If your posts violate a protective order, you face criminal liability. Even if you don’t face criminal charges yourself, false accusations in posts could expose you to civil defamation liability.

Protect What Matters Most

Whether you’ve discovered your spouse on AWDTSG, you’re facing false accusations in these groups, you need guidance before posting, or you’re dealing with criminal allegations tied to social media activity, call Varghese Summersett at (817) 203-2220. Our experienced attorneys understand every legal angle of these platforms and can help you protect your rights, your reputation, and your future.

Bail bond amounts in Texas depend heavily on where you’re arrested. Our analysis of more than 238,000 bail bonds across five major Texas counties reveals that for the same offense, one county may set bond amounts several times higher than a neighboring county. Dallas County emerged as a outlier, with average bond amounts nearly five times higher than some neighboring jurisdictions.

The data, drawn from public bail dashboards in Bexar, Collin, Dallas, Fort Bend, and Harris counties, paints a picture of a fragmented bail system. While reporting variations exist in any dataset of this size, the patterns are too pronounced to dismiss as statistical noise.

How Much Does Bail Cost Across Texas Counties?

Among the five major metropolitan counties analyzed, average bail amounts ranged from $14,203 in Bexar County to $42,752 in Dallas County. That means a defendant in Dallas faces average bond amounts roughly three times higher than someone arrested in San Antonio for the same type of offense.

The stark difference between average and median in Dallas tells an important story. Dallas’s median bond was just $2,500, yet its average soared to $42,752. This gap indicates that while many defendants receive relatively low bonds, a significant number face extraordinarily high bond amounts that skew the average dramatically upward.

Why Is Dallas County an Outlier for Bail Amounts?

Dallas County sets bail amounts dramatically higher than its neighbors. The average bond in Dallas was nearly three times higher than Harris County (Houston) and almost three times higher than Collin County (Plano, McKinney). This disparity exists despite similar crime types and comparable population densities across these metropolitan areas.

Our Dallas County bond data analysis of 64,136 cases from January through September 2025 reveals the scope of this discrepancy. The most common bond set in Dallas was just $500, yet extremely high bonds in serious cases pull the overall average to levels seen nowhere else in the state.

For defendants, this means the county of arrest matters as much as the nature of the charge. If you’re facing the same offense in Dallas versus Houston, you could be looking at a difference of tens of thousands of dollars to secure your release.

How Do Drug Offense Bail Amounts Compare?

Drug offenses represent the largest category of arrests leading to bond hearings across all counties studied. In Dallas County alone, 14,091 drug cases resulted in bond settings during the analysis period. The average bond for drug offenses in Dallas was $20,004, with $5,000 being the most commonly set amount.

Here’s how specific drug charges break down in Dallas County:

The most striking finding: even low-level drug possession charges in Dallas carry average bonds exceeding $14,000. For a state jail felony involving less than one gram of a controlled substance, $14,034 represents a significant barrier to pretrial freedom. Compare this to the $500 bonds commonly set for marijuana possession under two ounces, and the inconsistency within even a single county becomes apparent.

Drug-free zone enhancements add another layer. Possession of less than one gram in a drug-free zone averaged $12,357 in Dallas, with $5,000 being most common. For defendants arrested near schools or other protected areas, these enhancements can substantially increase bond requirements.

What Are Typical DWI Bail Amounts in Texas?

Unlike overall bond amounts where Dallas stands as a dramatic outlier, DWI bonds show more consistency across Texas counties. Fort Bend County averaged $4,999 across 1,174 DWI cases, while Collin County averaged $4,490. Dallas County averaged $4,933 across 6,396 DWI cases. The real disparity emerges with repeat offenders and felony-level intoxication offenses, where judicial discretion creates wider variation.

Here’s how Fort Bend County DWI bonds break down by offense type:

Comparing Fort Bend to Dallas reveals interesting patterns. First-offense DWI bonds are similar: $2,476 in Fort Bend versus $1,901 in Dallas. But felony DWI (third or more) shows more variation: $18,959 in Fort Bend compared to $23,755 in Dallas. For DWI with child passenger cases, Fort Bend averages $10,553 and Dallas averages $9,783.

In Dallas County, DWI bond amounts follow a clear escalation pattern based on offense severity:

The jump from second to third DWI is substantial. A second DWI averages $3,667, while a third or subsequent offense averages $23,755. For intoxication manslaughter cases, the average bond reaches $285,000, reflecting the severity of charges involving death.

If you’ve been arrested for DWI in Dallas County, understanding these ranges can help you prepare for the bond hearing. An experienced attorney can often argue for bond amounts at the lower end of these ranges based on your specific circumstances.

How Do Assault and Violence Charges Affect Bail?

Assault and violence charges represent the second-largest category in our Dallas County analysis, with 10,449 cases. The average bond for assault-related offenses was $28,621, though this varies dramatically based on the specific charge.

Family violence cases show a particular pattern. A first-time assault causing bodily injury to a family member averages $2,837, but this escalates sharply with aggravating factors. Impeding breath or circulation raises the average to $27,175. A prior conviction pushes it to $37,911. These escalations reflect Texas law’s treatment of repeat family violence offenders and the enhanced penalties they face.

Aggravated assault with a deadly weapon carries an average bond of $63,306 in Dallas County. The most commonly set bond is $25,000, but complex cases involving serious injury can push bonds much higher.

What Are Theft and Property Crime Bail Amounts?

Theft and property crimes accounted for 8,193 cases in our Dallas County analysis. This category showed the highest average bond of any non-violent offense category at $154,859, though this figure is heavily skewed by high-value theft and robbery cases.

The data shows how prior convictions dramatically affect bond amounts. A theft between $100 and $750 averages just $1,315. But theft under $2,500 with two or more prior convictions averages $17,352. Texas law treats habitual offenders more severely, and bond amounts reflect this enhanced scrutiny.

Robbery cases show the most dramatic bond amounts in the property crime category. Standard robbery averages $339,512 in Dallas, while aggravated robbery averages $111,943. These figures reflect the violent nature of robbery charges and their classification as serious felonies under Texas Penal Code Chapter 29.

How Are Weapons Charges Handled at Bond Hearings?

Weapons offenses accounted for 3,577 cases in Dallas County, with an average bond of $11,032. The most common charge was unlawful carrying of a weapon, which averaged $2,351 with $1,000 being the most frequently set bond.

Felon in possession cases show significantly higher bonds. Unlawful possession of a firearm by a felon averages $27,735, while unlawful carry with a prior felony conviction averages $30,109. These enhanced bond amounts reflect the federal and state prohibitions on firearm possession by convicted felons and the seriousness with which prosecutors pursue these charges.

What Are Murder and Homicide Bond Amounts?

Murder and homicide charges represented 200 cases in the Dallas County dataset. These cases carry the highest bond amounts of any offense category, with average bonds exceeding $1.6 million.

Under Texas Code of Criminal Procedure Chapter 17, defendants charged with capital offenses may be denied bail entirely when the proof is evident. Several capital murder cases in our dataset showed no bond set at all, reflecting judicial determinations that the defendant should be held without bail pending trial.

Watch: Understanding Bail Bonds in Texas

What Factors Affect Bail Amounts in Texas?

Texas law gives judges significant discretion in setting bail. Under the Texas Code of Criminal Procedure, magistrates must consider the nature of the offense, the defendant’s ability to make bail, ties to the community, employment history, criminal record, and any potential danger to the community or victim.

Our data reveals several patterns in how these factors play out in Dallas County:

Prior Convictions Matter Significantly. Across virtually every offense category, prior convictions drive bond amounts substantially higher. A first-time assault averages $2,715, but assault with a prior family violence conviction averages $37,911. The same pattern holds for theft, drug offenses, and weapons charges.

Enhancement Factors Add Up. Drug-free zone enhancements, use of a deadly weapon, targeting vulnerable victims (children, elderly, pregnant women), and impeding breath in family violence cases all trigger higher bond amounts. These aren’t just legal technicalities. They represent real differences in how magistrates view the severity of alleged conduct.

Offense Level Tracks Bond Amounts. Dallas County data shows clear stratification by offense level. State jail felonies average around $4,100. Third-degree felonies average $9,100. Second-degree felonies average $23,800. First-degree felonies average $66,500. Capital felonies average over $1.1 million.

Time of Year Shows Variation. Dallas County bonds showed a 64.9% increase between the first and second half of 2025, from an average of $6,825 to $11,253. November showed the highest average bonds at $14,769, while July showed the lowest at $5,985. The reasons for this seasonal variation warrant further study.

Can a Lawyer Help Reduce Your Bail Amount?

Yes. An attorney can file a motion to reduce bond and present arguments about your ties to the community, employment, family responsibilities, and ability to pay. Judges have authority to modify bail amounts based on changed circumstances or compelling arguments.

At Varghese Summersett, our criminal defense team has secured bond reductions for clients across Texas. We understand how different counties approach bail decisions and can tailor our strategy accordingly.

In Dallas County, our analysis identified magistrates with notably different approaches to bond setting. Average bonds ranged from around $5,200 to over $10,000 depending on the magistrate. Personal bond rates varied from under 10% to over 19%. Understanding these patterns can inform defense strategy.

Don’t assume the initial bond amount is final. An experienced Dallas criminal defense attorney can often secure a reduction that makes the difference between freedom and continued detention. Call us at (214) 903-4000 for a free consultation.

What Does This Data Mean for Texas Defendants?

These findings reveal a system where pretrial freedom depends heavily on geography. For defendants in Dallas County, the numbers are particularly stark. Average bond amounts nearly three times higher than neighboring jurisdictions create real barriers to pretrial release.

For defendants, this underscores the importance of having an attorney who understands local practices. The right lawyer can advocate effectively within any county’s judicial culture and work to secure the most favorable conditions possible.

For the justice system as a whole, this data points to a need for greater standardization. When the county of arrest determines the price of pretrial freedom more than the nature of the alleged offense, fundamental questions of fairness arise.

Frequently Asked Questions About Texas Bail Bonds

How is bail determined in Texas?

Texas magistrates consider the offense charged, criminal history, ties to the community, employment status, ability to pay, and potential danger to the public. However, as our data shows, local judicial practices vary significantly from county to county. Dallas County averages nearly three times higher than Harris County despite similar populations and crime types.

Can you get bail reduced in Texas?

Yes. Your attorney can file a motion for bond reduction and present evidence about your circumstances. Dallas County magistrates reduced bonds in hundreds of cases during our analysis period, with average reductions of over $2,000. An experienced attorney understands which arguments resonate with local judges.

Why are Dallas County bail amounts so high?

Dallas County’s average bail of $42,752 is nearly three times higher than neighboring counties. While specific reasons vary by case, the data suggests differences in local judicial practices rather than differences in offense types. The median bond in Dallas was only $2,500, indicating that extremely high bonds in serious cases pull the average upward.

What happens if you can’t afford bail in Texas?

Defendants who can’t post bail remain in custody until their case resolves. This can take months and often leads to job loss, housing instability, and family separation. Research consistently shows that detained defendants are more likely to plead guilty and receive harsher sentences than those who secure pretrial release.

Get Help With Your Bail Bond

If you or someone you love has been arrested in Texas, the bond amount doesn’t have to be the final word. At Varghese Summersett, our team includes board-certified specialists in criminal law. We’ve secured more than 1,600 dismissals and 800 charge reductions for our clients.

We have offices in Dallas, Houston, and Southlake, giving us deep familiarity with bail practices across Texas’s major metropolitan counties. Whether you’re facing charges in Dallas, Harris, Fort Bend, Collin, or Bexar County, we can help you understand your options and fight for your freedom.

Protect your rights and your record. Call us today at (214) 903-4000 for a free consultation.

Yes, most forms of gambling are illegal in Texas. Under Texas Penal Code Chapter 47, betting money or anything of value on games, contests, or sporting events is a criminal offense. The only narrow exceptions are the state lottery, pari-mutuel horse and greyhound racing, certain tribal gaming facilities, and regulated charitable bingo games and raffles.

This means traditional casinos, sportsbooks, online poker for real money, and most mobile betting apps are not legal in Texas.

What Types of Gambling Are Illegal in Texas?

Texas takes a broad approach to criminalizing gambling. Under Texas Penal Code § 47.02, a person commits the offense of gambling if they make a bet on the partial or final result of a game or contest, on the performance of a participant in a game or contest, or on a game of chance or skill. This language is intentionally expansive.

This covers far more than just slot machines and blackjack tables. It includes placing bets on football games, playing poker for money with friends under certain conditions, betting on horse races outside approved tracks, using offshore sportsbook websites, and participating in private card games where someone takes a cut. Casino-style gambling is prohibited throughout the state except at limited tribal facilities.

The law also targets the gambling ecosystem, not just individual bettors. Promoting gambling, keeping a gambling place, and possessing gambling equipment are all separate offenses with their own penalty ranges. A person who runs a home poker game and takes a rake from each pot faces more serious charges than someone who simply places a bet.

Talk to a lawyer about your gambling charge. Call (817) 203-2220 for a free consultation.

Is Sports Betting Legal in Texas?

No. There is no legalized sports betting in Texas right now, either retail (physical sportsbooks) or online. Texas does not license or regulate any sportsbook operations within its borders.

Legislative efforts to change this have repeatedly failed. HB 1942 in 2023, along with related constitutional amendments, died in the Texas Senate. The earliest realistic window for legalization would be 2027 or later, and even that timeline is uncertain given the political landscape.

Sports wagering is illegal under Texas Penal Code § 47.02(a)(1), which makes it a crime to bet on the partial or final result of a game or contest or the performance of a participant. Beyond the basic illegality, sportsbooks have an additional problem: they charge a percentage on every wager (commonly the take, the rake, or commission). When the sportsbook takes that percentage, it receives an economic benefit, which automatically negates any potential defense under § 47.02(b)(2).

Mobile Sports Betting Apps in Texas

Texas does not license or regulate any mobile sportsbook apps. This means traditional sports wagers placed through apps like DraftKings Sportsbook, FanDuel Sportsbook, or BetMGM are not legal for Texas residents. While these platforms operate legally in other states, they do not have authorization to accept traditional sports wagers from people in Texas.

Daily Fantasy Sports: A Different Category

Daily Fantasy Sports (DFS) apps and pick’em-style contests are treated as a separate category from traditional sports wagering in Texas. Platforms like DraftKings Fantasy, Underdog, PrizePicks, and similar services currently operate in Texas and accept Texas players. The legal theory supporting these platforms is that fantasy contests involve skill in selecting players and constructing lineups rather than simply betting on game outcomes.

This is an important distinction. DraftKings operates two separate products: DraftKings Sportsbook (traditional sports betting, not available in Texas) and DraftKings Fantasy (daily fantasy sports contests, which currently operate in Texas). The same is true for FanDuel and other major platforms.

However, the statutory landscape for DFS remains somewhat unsettled. Texas has not passed legislation explicitly authorizing daily fantasy sports, and the platforms operate based on the argument that they fall outside the Penal Code’s gambling prohibitions. This distinction has been challenged in other states, and the legal status could change if Texas legislators or courts take a different view. For now, DFS platforms continue to accept Texas players, but participants should understand they’re operating in a gray area rather than under clear statutory authorization.

What About Private Poker Games and Social Gambling?

Texas law provides an affirmative defense for gambling in a truly private, social setting. Under Texas Penal Code § 47.02(b)(1-3), gambling is defensible if the activity takes place in a private place, no person receives any economic benefit other than personal winnings, and except for the advantage of skill or luck, the risks of losing and chances of winning are the same for all participants.

On its face, a private card game in someone’s home does not violate the Texas Penal Code as long as participants follow these exceptions. The moment someone charges a seat fee, takes a percentage of pots, or collects membership dues that exceed the actual cost of hosting, the social gambling defense evaporates.

The Problem With Membership Poker Rooms

Membership-club poker rooms have attempted to fit within the social gambling defense by charging membership or seat fees instead of taking a traditional rake from each pot. The idea is that if the “house” never takes money from the pot itself, the economic benefit requirement isn’t violated.

This theory has not been definitively validated by Texas courts, and these clubs operate in a gray area rather than under clear statewide authorization. Litigation involving Texas Card House and local zoning battles in Dallas and Austin highlight the contested nature of this business model. Some operators have been forced to close, while others continue operating under legal uncertainty.

If you’ve been arrested at one of these establishments, either as a player or operator, the legal analysis is more complex than surface-level arguments suggest. The structure of the fees, the accessibility of the location, and how the games were marketed all factor into whether the social gambling defense applies.

Facing charges related to a poker room? Schedule a free consultation.

Online Gambling and Offshore Sites: The Legal Reality

Texas law does not create a regulated framework for online casinos, online poker, or online sportsbooks. Commentary from state law guides treats real-money online gambling as unlawful under existing Chapter 47 provisions, regardless of where the website’s servers are located.

Many websites promote offshore sportsbooks or poker rooms as options for Texans. These sites are not licensed by Texas or U.S. regulators, which creates significant risks: difficulty collecting winnings, banking complications, and no consumer protection if disputes arise. More importantly, using these sites does not change the underlying illegality under Texas law.

The “Private Place” Argument for Online Gambling

Some defendants have argued that placing bets online from their homes should qualify for the private place defense since a private residence is clearly a private location. Texas Attorney General Opinion No. DM-344 directly addressed this argument and rejected it.

The opinion stated: “Just as a private residence would not be a ‘private place’ for purposes of the defense if the public has access to gambling there, neither would it be consistent with the defense here if, for example, anyone who knew the proper ‘telephone number’ and had a computer with a modem could join the games.”

In other words, the accessibility of online gambling platforms to anyone with an internet connection defeats the private place defense, even when the bettor is physically sitting in their own living room. This interpretation has significant implications for anyone charged with online gambling offenses in Texas.

Texas Gambling Offenses and Penalties

Texas gambling laws create a tiered penalty structure based on the person’s role in the gambling activity. Simple gambling, meaning placing a bet, is a Class C misdemeanor. But promoting gambling or operating a gambling business triggers more serious charges.

A Class C misdemeanor for simple gambling (§ 47.02) carries a maximum fine of $500 and no jail time. This is the same classification as a traffic ticket. A conviction creates a criminal record that can appear on background checks.

A Class A misdemeanor applies to gambling promotion (§ 47.03), keeping a gambling place (§ 47.04), and possession of gambling devices or equipment (§ 47.06). These offenses carry up to one year in county jail and fines up to $4,000. Repeat convictions for keeping a gambling place can be enhanced to a third-degree felony.

Additional consequences may include civil asset forfeiture (the state can seize money and equipment used in gambling), immigration consequences for non-citizens, professional licensing issues, and difficulty passing background checks for employment or housing.

Bond Amounts for Gambling Charges in Tarrant County

If you’re arrested for a gambling offense in Tarrant County, understanding typical bond amounts helps you prepare for the immediate aftermath of an arrest. Based on our analysis of over 52,000 bonds set in Tarrant County, gambling-related charges typically result in lower bond amounts because they’re treated as non-violent offenses.

For keeping a gambling place under Texas Penal Code § 47.04, the most common bond set was $500, with an average around $875. Gambling promotion charges under § 47.03 showed a similar pattern, with typical bonds at $500. Possession of gambling devices or paraphernalia under § 47.06 averaged around $905, with $500 being the most frequently set amount.

Several factors can push your bond higher. Prior criminal history, outstanding warrants, connections to organized crime, or involvement in large-scale gambling operations may result in bonds significantly above these typical amounts. On the other hand, a clean record and strong community ties often support release on lower bond or personal recognizance.

Arrested for a gambling offense? Get help posting bond and building your defense.

Common Defenses to Texas Gambling Charges

Just because you’ve been charged doesn’t mean you’ll be convicted. An experienced criminal defense attorney will evaluate multiple potential defenses based on the specific facts of your case.

The social gambling defense under § 47.02(b) applies when the gambling occurred in a private place with no one receiving economic benefit beyond personal winnings and all participants having equal chances. This defense requires careful documentation of the circumstances and may involve testimony from participants about the structure of the game.

Lack of knowledge can be a defense if you didn’t know gambling was occurring. This is particularly relevant for property owners charged with keeping a gambling place when tenants were running games without the owner’s awareness.

Insufficient evidence challenges whether the prosecution can prove each element of the offense beyond a reasonable doubt. Was money actually wagered? Were the devices actually used for gambling? Did the defendant actually promote or operate the gambling operation?

Constitutional challenges may apply if law enforcement obtained evidence through an illegal search, coerced a confession, or otherwise violated your rights. Evidence obtained unconstitutionally can be suppressed, potentially resulting in dismissal.

Entrapment may apply if law enforcement induced you to commit a gambling offense you wouldn’t have otherwise committed. This defense requires showing that the government’s conduct actually implanted the criminal design in your mind.

What Happens After a Gambling Arrest in Texas?

Understanding the criminal justice process helps reduce anxiety and allows you to make better decisions. If you’re arrested for a gambling offense in Fort Worth or the surrounding area, here’s what to expect.

At arrest, you’ll be taken into custody, booked, and processed at the jail. For Tarrant County arrests, this typically occurs at the Lon Evans Corrections Center or the Tim Curry Criminal Justice Center in downtown Fort Worth. You’ll be fingerprinted, photographed, and given the opportunity to post bond. For most gambling offenses, release on bond happens within hours.

Your first court appearance is the arraignment, where you’ll hear the formal charges and enter a plea. For Class C gambling charges, these are typically handled in Justice of the Peace or municipal courts. Class A misdemeanors and felonies are heard in county criminal courts.

During the pretrial phase, your defense attorney will review the evidence, identify legal issues, file motions to suppress illegally obtained evidence, and negotiate with prosecutors. Many gambling cases resolve through plea negotiations, particularly when mitigating factors support a favorable outcome.

If your case goes to trial, the prosecution must prove every element of the offense beyond a reasonable doubt. A jury of six (for misdemeanors) or twelve (for felonies) will decide your fate. At Varghese Summersett, our attorneys have extensive trial experience and prepare every case as if it’s going to a jury.

Protect your rights and your record. Call (817) 203-2220 today.

Can a Gambling Conviction Be Expunged or Sealed?

Texas law provides pathways to clear certain gambling convictions from your record, but the options depend on the outcome of your case.

If your case is dismissed or you’re acquitted, you may be eligible for expunction, which completely destroys the arrest record. Expunction is available after waiting periods that vary based on the offense level and how the case resolved.

If you receive deferred adjudication (a type of probation where no conviction is entered if you complete the terms), you may be eligible for an order of nondisclosure. This seals the record from most private background checks while allowing criminal justice agencies to still access it.

If you’re convicted outright, expunction is generally not available. However, a pardon from the Governor can create expunction eligibility in rare cases.

The best way to protect your record is to fight the charge aggressively from the beginning. A dismissal or acquittal provides the clearest path to clearing your record completely.

What to Expect From Varghese Summersett

When you hire Varghese Summersett for a gambling charge, you get a team that treats your case seriously regardless of the offense level. Our criminal defense attorneys handle cases across Texas from our offices in Fort Worth, Dallas, Houston, and Southlake.

Your case begins with a thorough investigation of the facts, the evidence, and the legal issues. We identify weaknesses in the prosecution’s case, develop a defense strategy tailored to your situation, and keep you informed at every stage. Whether your goal is dismissal, charge reduction, or vindication at trial, we fight for the outcome that protects your future.

We understand that a gambling arrest can threaten your job, your professional licenses, and your reputation. That’s why we work efficiently to resolve cases favorably while maintaining the discretion you need.

Frequently Asked Questions About Texas Gambling Laws

Can I legally bet on horse races in Texas?

Pari-mutuel betting on horse and greyhound races is legal at licensed Texas tracks. This is one of the few statutory exceptions to Texas gambling laws. However, betting on races through offshore sites or unlicensed bookmakers remains illegal.

Are home poker games illegal in Texas?

It depends on how the game is structured. A truly private game among friends in a private home, where no one takes a rake or house cut and all players have equal chances, may fall under the social gambling defense in § 47.02(b). The moment someone profits from running the game beyond their own winnings, it becomes illegal gambling promotion.

What about the poker rooms that charge membership fees instead of rake?

Membership-club poker rooms try to fit within the social gambling defense by structuring their business around fees rather than pot rake. However, their legality remains contested. Litigation involving Texas Card House and zoning fights in Dallas and Austin show that these clubs operate in a gray area rather than under clear legal authorization. Arrests at these establishments can result in serious charges.

What are the penalties for running an illegal card room in Texas?

Keeping a gambling place is a Class A misdemeanor punishable by up to one year in jail and up to $4,000 in fines. If you have prior convictions for the same offense, the charge can be enhanced to a third-degree felony with two to ten years in prison.

Can I be charged for playing online poker from my home in Texas?

Yes. Texas law criminalizes making a bet, not just operating a gambling business. Playing real-money online poker through any platform, whether domestic or offshore, violates Texas Penal Code § 47.02. Attorney General Opinion DM-344 specifically rejected the argument that gambling from home creates a “private place” defense when the gambling platform is accessible to anyone with an internet connection.

Will a gambling conviction show up on background checks?

Yes. Even a Class C misdemeanor gambling conviction creates a criminal record that appears on standard background checks. This can affect employment, housing applications, professional licensing, and immigration status. That’s why fighting for a dismissal or deferred adjudication is so important.

A Statistical Analysis of Criminal Cases in Texas 2021-2025

A Deep Dive into Court Trends, Conviction Rates, and Case Outcomes in Five Major Counties

At Varghese Summersett, we believe that understanding the criminal justice system—how it actually functions, not just how it’s supposed to function—is essential for anyone facing charges in Texas. Our criminal defense attorneys defend clients in courtrooms across the state every day, and we know the difference between jurisdictions, courts, and prosecutors. This statistical analysis of criminal cases in Texas was designed to take an objective deep dive into publicly available datasets published by the Office of Court Administration and Texas A&M University along with the Public Policy Research Institute.

This analysis examines data from Texas’s five most populous counties: Harris (Houston), Dallas, Tarrant (Fort Worth), Bexar (San Antonio), and Collin (Plano/McKinney). We’ve analyzed court activity from January 2021 through November 2025, alongside indigent defense expenditure data from 2019 to 2023.

What we found confirms what experienced defense attorneys already know: justice in Texas is highly localized. Conviction rates, case processing speeds, sentencing patterns, and resource allocation vary significantly from one jurisdiction to the next. For defendants, this means that where you’re charged can be just as important as what you’re charged with.

Caseload and Backlog Dynamics (2021-2025)

One of the most significant challenges facing Texas courts has been managing case backlogs—particularly those that accumulated during the pandemic. All five major counties have made substantial progress in reducing felony backlogs. The picture for misdemeanor courts, however, is more complicated.

Felony Caseloads: A Story of Backlog Reduction

Every county in our analysis successfully reduced its average pending felony caseload between 2021 and 2025. Harris County achieved the most dramatic reduction at 58.7%, while Tarrant County reduced its felony backlog by 55.8%.

These reductions represent thousands of cases moving through the system. For defendants, this generally means shorter wait times between arrest and resolution—though as we’ll explore later, speed isn’t always beneficial.

Table 1: Average active felony cases by year

Bexar County’s relatively modest reduction (11.4%) stands out. While Harris, Dallas, Tarrant, and Collin all cut their backlogs by 40% or more, Bexar’s felony docket remained relatively stable throughout the period.

Visit our practice area pages: Dallas Criminal Defense Lawyer, Fort Worth Criminal Defense Lawyer, Houston Criminal Defense Lawyer, Fort Bend Criminal Defense Lawyer, Denton County Criminal Defense Lawyer

Misdemeanor Caseloads: A More Complex Picture

The misdemeanor picture is more varied. While most counties reduced their backlogs—with Tarrant County achieving a remarkable 60% reduction—Dallas County’s misdemeanor caseload actually grew by over 30% during this period.

Table 2: Average active misdemeanor cases by year. Dallas County shows consistent year-over-year increases.

This divergence is significant for anyone facing misdemeanor charges in Dallas County. A growing backlog often means longer wait times, more court appearances, and extended periods of uncertainty for defendants.

Per Capita Analysis: Normalizing for Population

Raw case numbers can be misleading when comparing counties of vastly different sizes. Harris County (Houston) has a population of approximately 4.7 million, while Collin County has roughly 1.1 million residents. To accurately compare criminal justice activity, we normalized key metrics per 100,000 residents using 2023 population estimates.

Felony Metrics Per Capita

When adjusted for population, a different picture emerges. Dallas County has the highest rate of active felony cases per capita (656 per 100,000 residents), significantly higher than Harris County (405 per 100,000). Tarrant County leads in felony convictions per capita.

Table 3: Felony court metrics per 100,000 residents (2023)

Misdemeanor Metrics Per Capita

In misdemeanor courts, Collin and Dallas counties have the highest rates of pending cases per capita. Bexar County files the most new misdemeanor cases relative to its population, while Tarrant County again leads in conviction rate.

Table 4: Misdemeanor court metrics per 100,000 residents (2023)

Jury Trials and Defense Spending Per Capita

Normalizing trial rates and spending reveals which counties invest the most resources and utilize jury trials most frequently.

Table 5: Felony jury trials and indigent defense spending per capita

Collin County has the highest rate of felony jury trials per capita, contrasting with raw numbers where Harris County leads in total trials. Harris County spends nearly 3.5 times more per capita on indigent defense than Collin County—a disparity we’ll explore in the context of conviction rates.

Case Processing and Clearance Rates

Clearance rate—the ratio of cases disposed to cases filed—indicates whether a court system is keeping pace with incoming cases. A rate above 100% means the court is disposing of more cases than are being filed, thereby reducing its backlog.

Felony Clearance Rates

All five counties have maintained felony clearance rates well above 100% since 2021. Dallas County’s 2024 and 2025 rates exceeding 230% are particularly notable—indicating an aggressive push to resolve pending cases.

Table 6: Felony clearance rates by year

For defendants, high clearance rates can mean both faster resolutions and increased pressure to accept plea deals. When prosecutors are aggressively moving cases, the pressure to resolve—rather than litigate—intensifies.

Misdemeanor Clearance Rates

Misdemeanor clearance rates show more variation. Harris County’s rate has fluctuated significantly, dipping to 90.6% in 2025, which aligns with its slower backlog reduction in recent periods.

Table 7: Misdemeanor clearance rates by year

Time to Justice: How Long Cases Take to Resolve

The speed at which cases are resolved is a critical measure of court efficiency—and a major factor in the defendant experience. An analysis of case age at disposition reveals significant variations in the pace of justice across counties.

Speed of Resolution: County vs. Statewide Performance

The data shows a clear divide. Tarrant and Collin counties resolve cases much faster than the statewide average, while Harris County lags significantly behind.

Table 8: Percentage of criminal cases disposed by age, comparing counties to the statewide average

Key Observations:

Efficiency Leaders: Tarrant and Collin counties are the most efficient, disposing of roughly 60% of their criminal cases within six months—approximately 10 percentage points faster than the statewide average.

The Harris County Backlog: Harris County is a significant outlier. Only 40% of its cases are resolved within six months, and nearly a third of disposed cases are more than a year old.

Dallas County’s Aged Cases: Over 35% of Dallas County dispositions involve cases pending for more than a year, well above the state average of 26%.

For defendants, these timelines have real consequences. Extended case pendency means prolonged uncertainty, ongoing bail conditions, potential employment difficulties, and continued legal expenses.

Conviction Rates: Where You’re Charged Matters

Perhaps the most striking finding in this analysis is the persistent disparity in conviction rates between counties. These differences have remained remarkably stable over the five-year period, suggesting they reflect fundamental differences in prosecutorial approach, court culture, or resource allocation rather than temporary fluctuations.

Felony Conviction Rates

Tarrant County consistently posts the highest felony conviction rates among the five counties, hovering near 79% in recent years. Harris County, despite being the state’s largest jurisdiction, maintains the lowest overall felony conviction rate at approximately 55%. This 24-percentage-point gap represents a significant difference in outcomes for defendants facing similar charges.

Table 9: Felony conviction rates by year

Misdemeanor Conviction Rates

Collin County’s misdemeanor conviction rate is consistently the highest—often by a wide margin—reaching 65% in 2025. Harris County’s rate remains the lowest at approximately 31%.

Table 10: Misdemeanor conviction rates by year

Offense-Specific Analysis: Not All Cases Are Created Equal

Aggregate statistics tell only part of the story. When we examine specific offense categories, we see that county-wide trends often mask significant variations in how different types of cases are handled.

Violent Felony Caseloads

Harris and Dallas counties carry the largest active caseloads for violent offenses, which is expected given their population. The table below shows average pending cases for major violent felony categories from 2023-2025.

Table 11: Average active violent felony cases, 2023–2025

Changes in Violent Crime Backlogs (2021 vs. 2025)

Examining the change in backlogs for specific offenses reveals divergent patterns:

Harris County achieved major reductions in violent crime backlogs, including a 65.2% decrease in pending Family Violence Assault cases and a 48.7% decrease in Aggravated Assault cases.

Dallas County shows a notable and concerning divergence. While its overall felony backlog decreased, the number of pending Family Violence and Sexual Assault cases increased dramatically—163.7% and 175.3% respectively. This means victims of these crimes in Dallas County are waiting longer for resolution, and defendants face extended periods of uncertainty.

Tarrant, Bexar, and Collin counties generally saw reductions across most violent crime categories.

Conviction Rates by Offense Type

Conviction rates vary dramatically not just by county but by the type of offense. Murder cases consistently see high conviction rates across all jurisdictions—typically 70% or higher. However, rates for Aggravated Assault and Sexual Assault cases show much wider variation.

Table 12: Average felony conviction rates for select offenses, 2023–2025

Tarrant County’s conviction rates for aggravated assault (62.0%) and sexual assault (50.7%) are notably higher than other jurisdictions. Collin County, despite its high overall conviction rate, has the lowest conviction rate for sexual assault cases (27.2%).

Misdemeanor Case Distribution

The composition of misdemeanor dockets also differs by county. Theft and DWI cases represent a large portion of the caseload in most jurisdictions.

Table 13: Average active misdemeanor cases by offense type, 2023–2025

Notable here is the variation in marijuana possession cases. Tarrant County (916) and Collin County (736) have significantly more pending marijuana cases than Harris County (210), despite Harris County’s much larger population. This suggests different enforcement and prosecution priorities.

Sentencing Patterns: Incarceration vs. Community Supervision

An examination of sentencing data reveals fundamental differences in how justice is administered across jurisdictions, with wide disparities in the use of incarceration versus community supervision.

Table 14: Comparison of sentences involving incarceration vs. community supervision

Key Observations:

Incarceration-Heavy Counties: Collin and Dallas counties have the highest incarceration rates, sentencing a significantly larger percentage of defendants to prison or state jail compared to the statewide average. In Collin County, 60% of sentences result in incarceration.

Community Supervision Leaders: Harris and Tarrant counties rely most heavily on community supervision, with around 60% of their sentences involving probation or deferred adjudication—well above the state average of 48%.

Bexar County’s Unique Pattern: Bexar County has the lowest rate of both incarceration (40%) and community supervision (28%) among the major counties, suggesting a greater reliance on other disposition types.

Indigent Defense Funding: The Resource Gap

The resources allocated to indigent defense—legal representation for those who cannot afford an attorney—vary dramatically across Texas counties. This variation correlates with meaningful differences in case outcomes.

Cost Per Case

The gap between Harris and Dallas counties is particularly striking. Harris County spends over $1,100 per felony case on indigent defense; Dallas County spends approximately $378—less than one-third as much.

Table 15: Cost per case comparison, Harris vs. Dallas counties

The Spending-Conviction Correlation

Our analysis reveals a consistent pattern: counties that spend more per case on indigent defense tend to have lower conviction rates. Harris County, which leads in per-case felony defense spending, also has the lowest felony conviction rate. Conversely, counties with more moderate per-case expenditures tend to have higher conviction rates.

This correlation does not establish causation—there are many variables at play. However, it does underscore the importance of adequate defense resources in the criminal justice system. When defense attorneys have more resources to investigate cases, hire experts, and prepare for trial, outcomes tend to be more favorable for defendants.

What This Means for Defendants

If you’re facing criminal charges in Texas, this data highlights several critical realities:

Location matters significantly. The same charge can result in dramatically different outcomes depending on which county prosecutes your case. A felony defendant in Tarrant County faces a 79% conviction rate; the same defendant in Harris County faces a 55% rate. That 24-point difference is substantial.

Speed varies widely. If you’re charged in Tarrant or Collin County, there’s a 60% chance your case will be resolved within six months. In Harris County, that drops to 40%, with a third of cases taking over a year.

Sentencing philosophy differs by jurisdiction. A conviction in Collin County is more likely to result in incarceration (60%) than one in Harris County (42%). Tarrant County balances high conviction rates with high rates of community supervision.

Experience in local courts is invaluable. An attorney who understands the specific tendencies, policies, and culture of the courts where your case will be heard has a meaningful advantage. At Varghese Summersett, our Fort Worth criminal defense attorneys appear in Tarrant, Dallas, and surrounding county courtrooms daily, giving us insight into local practices that general statistics cannot capture.

Aggregate statistics don’t predict individual outcomes. While county-wide conviction rates provide useful context, every case is unique. A skilled defense attorney examines the specific facts, evidence, and circumstances of your case—not just the statistical averages.

Conclusion

This analysis of nearly five years of Texas court data reveals a criminal justice system that is highly variable across jurisdictions. While all five major counties have made progress reducing felony backlogs, significant disparities persist in conviction rates, case processing times, sentencing patterns, and resource allocation.

The data shows that:

Tarrant County resolves cases fastest but has the highest felony conviction rate. Collin County has the highest incarceration rate and misdemeanor conviction rate. Harris County moves slowest but has the lowest conviction rates and highest community supervision rate. Dallas County’s misdemeanor backlog continues to grow while certain violent felony backlogs have increased dramatically.

For anyone facing criminal charges, these differences underscore the importance of working with defense counsel who understand not just the law, but the specific courts and prosecutors handling your case. At Varghese Summersett, our team of former prosecutors and board-certified criminal defense attorneys brings that localized expertise to every case we handle.

If you or a loved one is facing criminal charges in Tarrant County, Dallas, or anywhere in Texas, contact our office for a consultation. Understanding the system is the first step toward the best possible outcome.

Methodology and Data Sources

This analysis is based on publicly available data from the Texas Office of Court Administration and the Texas Indigent Defense Commission. Court activity data covers January 2021 through November 2025. Indigent defense expenditure data covers fiscal years 2019 through 2023. Population data uses 2023 estimates from the Texas Demographic Center.

Important limitations: Case categories are broad (“felony” and “misdemeanor”) and mask variations in complexity. Disposition data does not provide context for outcomes—dismissals, for example, can occur for many reasons including witness issues, evidence problems, or successful completion of diversion programs. Sentencing percentages may not total 100% due to other disposition types not captured in the primary categories.