Kemah draws visitors from all over the Houston area to the waterfront, the restaurants and the bars, and to the boats on Clear Lake and Galveston Bay. A lot of the cases that come out of Kemah involve people who do not live there: a public intoxication arrest after a night out, a DWI on the way home, or a boating while intoxicated stop on the water.
- Misdemeanor courtGalveston County Courts at Law No. 1, 2 and 3, Galveston County Justice Center, 600 59th Street, Galveston
- Felony court10th, 56th, 122nd, 212th and 405th District Courts, Galveston County Justice Center
- County jailGalveston County Jail, 5700 Ball Street, Galveston · (409) 766-2315
- Class C ticketsKemah Municipal Court
How a Kemah arrest becomes a Galveston County case
Kemah arrests are usually made by the Kemah Police Department, the Galveston County Sheriff's Office, or Texas Department of Public Safety troopers. Whoever makes the arrest, the case is not decided by the officer. The officer writes a report, and the Galveston County District Attorney's Office decides what to file. As former prosecutors, Brian Foley and Luis Baez know that the charge on the arrest paperwork is a starting point, not the final word.
After booking, the person sees a magistrate, who sets bond and any bond conditions. In family violence cases the magistrate may also sign an emergency protective order. Misdemeanor cases are then assigned to one of the County Courts at Law, and felony cases go to a district court after indictment.
Visitors, public intoxication and boating cases
Public intoxication requires more than having had a few drinks in public. Under Texas Penal Code Section 49.02 the State has to prove you were intoxicated to the degree that you may have endangered yourself or someone else. Most public intoxication cases are Class C misdemeanors, and when you hire an attorney, the attorney can usually appear in court for you so you do not have to keep coming back. See our public intoxication page.
On the water, a Texas Game Warden can stop a boat for a safety check without the kind of suspicion an officer needs to stop a car. If alcohol is involved, that stop can turn into a boating while intoxicated charge, which can also put your driver's license at risk.
Charges we defend for people arrested in Kemah
- DWI, including breath test and blood test cases, and the 15-day license hearing
- Assault and Assault Family Member
- Drug charges, including marijuana, Penalty Group 1 and Penalty Group 2 / THC vape cases
- Theft and shoplifting
- Public intoxication
- Expunctions and nondisclosures once a case is resolved
What to do right now
Be polite, say as little as possible, and do not try to explain your way out of it. Statements made at the scene, in the patrol car and on recorded jail calls are routinely used later. If you are not sure what happens next, start with our guide: Arrested in Galveston County — What Happens Next.
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