District Attorney

The 118th District Attorney has the following responsibilities in Martin County:

  • Represents the state in prosecuting felony criminal cases.
  • Works with law enforcement officers in the investigation of criminal cases.
  • Presents felony cases to the grand jury to seek indictments.
  • Represents the state in other matters unless the state is otherwise represented, for example, in child support cases the state is usually represented by the Office of the Attorney General.

Felony crimes are those where the possible penalty is imprisonment in the Texas Department of Criminal Justice – Institutional Division (state jail and state prison) or the death penalty.  

Certain crimes such as theft and criminal mischief may be either misdemeanors or felonies depending upon whether the amount was stolen or the damage done is over or under $2,500.00. Those cases involving $2,500.00 or more are felony cases.

Other crimes such as drug possession can be felonies or misdemeanors depending upon the amount of the drug in the defendant’s possession. For example, possession of 4 ounces or more of marijuana (spelled “marihuana” in the Texas Health and Safety Code) is a felony and possession of fewer than 4 ounces of marijuana is a misdemeanor. Other drugs vary, but in general possession of most “hard” drugs is a felony.

Texas has many other penal laws and the circumstances of each case must be taken into consideration to determine whether the law which was violated was a felony or not.

In Texas, every felony case must be presented to the grand jury for consideration, unless the defendant waives that requirement. If the grand jury votes to indict the defendant, the case proceeds to District Court and the District Attorney’s office represents the State of Texas in the prosecution of the case.

The 118th District includes Howard County, Martin County, and Glasscock County.  The District Attorney’s Office is located in Big Spring but serves all three counties of the District.