People say "the officer charged me with assault." The officer did not. In Galveston County, the officer called someone who charged you with assault — and that someone was a prosecutor. Brian Foley, who took those calls as an Assistant District Attorney, explains the distinction in this video.
How Galveston County intake works
Unlike most Texas counties, Galveston County requires officers to obtain charge acceptance from the District Attorney's Office before booking a suspect. The officer calls the 24-hour intake division, summarizes the facts, and an Assistant District Attorney decides: accept the charge as presented, accept a different (often lesser) charge, ask for more investigation, or decline. That decision — made in a few minutes, over the phone, on the officer's version alone — is what appears on your paperwork.
Why it matters
The charge set at intake shapes everything: the bond amount, the bond conditions, which court the case lands in, and the starting point for negotiation. But it is not final. The charge can be reduced, re-filed, or dismissed by the prosecutor assigned to the court, and a felony still has to survive a grand jury.
What a defense lawyer can do early
- Contact the assigned prosecutor before the first setting with information the officer did not have — video, witnesses, the complainant's history, medical records.
- Present a grand jury packet in felony cases so the grand jury hears the defense before indicting.
- Request a charge reduction or dismissal at the first setting when the intake charge does not match the evidence.
As former prosecutors, Brian Foley and Luis Baez know how intake decisions are made and how to get them revisited. Call or text (409) 877-4909 for a free consultation.