McLennan County Criminal Defense Attorneys

Providing Sound Defense Throughout the Texas Criminal Process

If you have been accused of a crime, you may feel fearful and uncertain about your future, but you are not alone. The Law Office of Brett H. Pritchard has over two decades of experience defending clients at every step of the criminal process. Our team understands that this a pivotal time in your life, which is why we work hard to fight for your future.

Call the Law Office of Brett H. Pritchard at (254) 220-4225 and speak to our McLennan County criminal defense lawyers today.

Common Criminal Charges in McLennan County  

At the Law Office of Brett H. Pritchard, our attorneys aggressively defend clients against the following common charges:

• Theft
• Assault
• Burglary
• Drug crimes
• DWI 
• Juvenile offenses
• Shoplifting
• And more

The Criminal Justice System

The Texas criminal justice system exists to protect victims, convict those who are guilty, and allow the accused to have a defender plead their case in court.

The system has several objectives:

• Discover the truth
• Provide for public safety
• Assist victims of crime
• Punish the guilty
• Promote positive change in offender behavior

While much of the focus on the criminal process exists to prove guilt, an equally important element of a trial is to prove innocence. The U.S. justice system abides by the idea that an individual is innocent until proven guilty. This means that while an individual may be accused of a crime, unless there is proof without a shadow of doubt that they are guilty, they remain innocent.

What Happens After Arrest in Texas?

Within 48 hours or less of your arrest, you will need to attend the first appearance before a judge. At the first appearance, the judge will inform you of your rights and the charges against you.

You have the right to:

• Retain counsel
• Remain silent
• Have an attorney present during questioning
• Terminate the interview at any time
• Conduct an examining trial to determine probable cause

After the first appearance, the prosecutor must file the charges against you. Depending on your situation, you may remain in jail or be released on bond. This means that you are free to live your daily life, but you cannot leave the state or violate the terms of your release. For example, if you are charged with theft, shoplifting an item from a store would violate the terms of your release. Violations do not have to be similar to the crime you are accused of committing, and in most situations committing any further crimes is against the terms of your release.

Once the prosecutor files the charges, the court will schedule the arraignment. This is a hearing before the court where the charges are read before the jury, and the accused may plead guilty or not guilty. At this point, the prosecutor may offer a plea deal. For example, a plea deal may require you to plead guilty to the charges in exchange for a shorter jail sentence or minor fine. Many cases end with a plea deal, but others go to trial.

What are the Pros and Cons of a Plea Deal in McLennan County?

In McLennan County, Texas, a plea deal, also called a plea bargain, is an agreement between the defendant and the prosecution where the defendant pleads guilty to a charge in exchange for a lighter sentence or a reduction in charges. Plea deals are common in Texas criminal courts and can offer both advantages and disadvantages depending on the specifics of the case.

Pros of a Plea Deal:

• Reduced Sentence: Often, a plea agreement results in a shorter jail term or probation instead of a harsher sentence if the case went to trial.
• Lower Charges: Prosecutors may reduce felony charges to misdemeanors, lessening the long-term impact on a defendant’s record.
• Certainty: Going to trial carries risk, as a conviction can lead to maximum penalties. A plea deal provides a guaranteed outcome.
• Cost and Time Savings: Trials can be expensive and lengthy. A plea deal can save both money and time for the defendant and the court.

Cons of a Plea Deal:

• Admission of Guilt: Accepting a plea deal requires pleading guilty, which can have long-term consequences, including a criminal record that may affect employment, housing, and education opportunities.
• Limited Appeal Rights: By pleading guilty, defendants usually waive the right to appeal the conviction, even if there were legal errors during arrest or investigation.
• Pressure to Accept: Some defendants may feel pressured to accept a plea deal, even if they are innocent, because of fear of harsher penalties at trial.
• Perception of Justice: Some may feel that a plea deal avoids a full examination of the evidence, potentially letting the prosecution avoid proving the case beyond a reasonable doubt.

In McLennan County, a plea deal can be an effective way to resolve a criminal case efficiently, but it is not without risks. You should carefully weigh the benefits against the long-term consequences and consult our knowledgeable McLennan County criminal defense attorneys for help making an informed decision.

What to Expect at Trial

A series of pretrial hearings occur before trial to set bail or suppress evidence from being used in court. After this, the case progresses to trial. Texas trials have two phases: the guilt/innocence phase and the punishment phase.

The guilt/innocence phase allows the prosecution to persuade the judge and jury of the accused person’s guilt. They do this by presenting evidence and witness statements to the court that they believe support their argument. This is the “guilt” half of the guilt/innocence phase. The “innocence” part of the trial involves the defense cross-examining the prosecution’s witnesses and calling witnesses on their client’s behalf.

Specific Steps in the Process

At a criminal court trial in McLennan County, Texas, the process begins with jury selection, called voir dire, if the case is being tried before a jury. During this phase, potential jurors are questioned by the judge and attorneys to determine if they can be fair and impartial. Both the defense and the prosecution can challenge jurors for cause or use a limited number of peremptory strikes to remove jurors without giving a reason.

Once the jury is selected, the trial officially begins with opening statements. The prosecution presents its case first, outlining the evidence and witnesses that will be presented to prove the defendant’s guilt beyond a reasonable doubt. The defense then has an opportunity to provide its opening statement, explaining how it plans to challenge the prosecution’s evidence or present an alternative explanation.

The next phase is the presentation of evidence. The prosecution calls witnesses to testify, which may include law enforcement officers, experts, or eyewitnesses. Each witness is examined through direct examination, followed by cross-examination by the defense. Physical evidence, documents, or other materials may also be introduced to support the prosecution’s claims. After the prosecution rests, the defense has the option to present its own witnesses and evidence, or it may choose not to present anything, relying instead on challenging the prosecution’s case.

After both sides have presented their evidence, closing arguments take place. The prosecution summarizes the evidence and attempts to persuade the jury of the defendant’s guilt, while the defense emphasizes weaknesses in the prosecution’s case and reasons for a not-guilty verdict.

Once closing arguments are completed, the judge provides the jury with instructions, explaining the legal standards they must apply, including the definition of the crime and the burden of proof. The jury then deliberates in private to reach a verdict. Deliberations may take hours or even days, depending on the complexity of the case. If the jury reaches a unanimous decision, they return to the courtroom to announce the verdict.

If the accused is found guilty, the trial moves on to the punishment phase. At this point, the judge will announce the sentence, including jail time, fines, community service, or other punishments that the judge believes are befitting of the crime.

You should always discuss the possible punishments before you take your case to trial. In some cases, you may be able to avoid trial altogether if you can make a plea deal.

Defending Your Rights from Arrest to Trial and Beyond

If you have been accused of a crime, the Law Office of Brett H. Pritchard is here to defend your rights throughout the criminal process. We have worked with many cases, from arrest to trial and even the appeals process. Our firm has experience with both sides of the justice system – prosecution and defense. This allows us to work with you to create a comprehensive case strategy.

Don’t wait to contact the McLennan County criminal defense team at the Law Office of Brett H. Pritchard.