Defending Your Rights from Arrest to Trial

If you have been arrested for a crime, you understand how terrifying it can be. It is important to remember that you have rights regardless of the crime you’ve been accused of committing. At the Law Office of Brett H. Pritchard, we believe in fiercely advocating for our clients from arrest to trial. Our affordable legal services are backed by over 20 years of experience with criminal cases in and out of court.

Protect your rights. Call our Williamson County criminal defense lawyers at (254) 220-4225.

What Happens After I Have Been Arrested?

Criminal charges can be devastating. Not only do you face arrest, but you are likely unsure of what comes next and whether you will go to trial. Many people assume that after an arrest comes the trial, but several pre-trial processes must occur before that can happen. In fact, many criminal cases never see the typical courtroom scene so often displayed on TV and in movies.

After arrest, you will appear before a judge for the first time. This is called a first appearance, and the purpose is to inform you of the charges and your rights.

You have the right to:

• Remain silent
• Have an attorney present
• Stop the interview at any time
• A fair trial

Defendants, the people accused of a crime, have the option of waiving these rights, but you should never do so without the counsel of an attorney. Consulting a lawyer should always be your first step after an arrest. Qualified legal professionals can provide guidance and instruction to help you avoid self-incrimination.

After your first appearance, a representative of the state, called a prosecutor, will file the charges with the court. Once the prosecutor files the charges, the court will schedule your arraignment. This is different from a first appearance because you have the opportunity to plead “guilty” or “not guilty” to the charges against you. The prosecution will also present some evidence to the court as part of their burden of proof.

At this point, the prosecutor may also offer a plea deal, which may include a shorter prison sentence in exchange for a guilty plea. Many cases are settled through a plea deal and never go to trial. Experienced attorneys can advise you during plea negotiations and guide you through the complex criminal court process. Understand that if you cannot reach a plea deal with the prosecutor, your case will probably go to court.

Texas Trials

There are two phases in a Texas criminal trial: the guilt/innocence phase and the punishment phase. These phases allow the court to focus on evaluating the evidence and witness statements and hearing your testimony. In the United States, defendants are innocent until proven guilty, and the first phase of a Texas trial follows this rule.

• The guilt/innocence phase sets the stage for the prosecution to present their case against you, but your legal representative also has the opportunity to cross-examine witnesses on your behalf. Whether or not you reach the punishment phase depends on whether the prosecution can appeal to the judge and jury. If the court rules that you are innocent, the case does not move on to the punishment phase.
• However, if the court rules that you are guilty, the judge will announce your sentence as part of the punishment phase. A sentence includes the penalties for the crime committed. For example, if you are convicted of theft for an item with a value greater than $30,000, you could be sentenced to a fine of $10,000 and 2-10 years in jail.

Your Seasoned Criminal Defense Lawyer’s Role

If you are facing a criminal charge, the stakes are incredibly high, and bringing your strongest defense is paramount. You will turn to your skilled criminal defense attorney to ably guide you through the criminal justice process and toward a favorable case resolution that honors your rights. Along the way, they will handle a wide range of tasks on your behalf that can make a substantial difference in the outcome of your case. 

Helping You Navigate the Criminal Justice System

If you are facing a criminal charge, it is only natural to experience significant anxiety – or to be outright terrified. In fact, your initial response may be to simply accept whatever plea deal the prosecution offers as a means of putting the matter behind you. 

Your compassionate criminal defense attorney appreciates your position, but they are there to help you effectively handle the challenging criminal justice system in pursuit of an optimal case resolution. Optimal in this context will be defined by the circumstances of your case, but having skilled legal guidance backing you up can lead to an improved outcome. 

For example, if deemed advantageous, your persuasive criminal defense attorney will engage in skilled negotiations in pursuit of a favorable plea deal. This generally means having the charge against you lowered and the penalties you face lessened.

Ensuring that Your Constitutional Rights Are Well Protected

First and foremost, your dedicated legal representative will take all the steps necessary to ensure that your constitutional rights are upheld throughout the legal process. This includes all the following:

• Upholding the presumption of innocence guaranteed to you, which can only be denied if the state can prove that you are guilty beyond a reasonable doubt
• Ensuring that law enforcement upheld the law in your case, which includes challenging any evidence that may have been obtained through an unreasonable search and seizure
• Securing due process on your behalf, which refers to fair treatment
• Demanding complete disclosure of evidence, including material, favorable evidence, from both the police and the prosecution
• Advising you of your right to remain silent and carefully conferring with you prior to making a statement to the police or prosecution, in the event it is advised
• Taking the steps necessary to effect a fair trial by an impartial jury

Conducting Investigations

Your committed criminal defense lawyer will engage in independent investigations of their own. This involves interviewing witnesses, working with private investigators, and generally doing what it takes to present a robust defense that addresses the available evidence and is difficult for the prosecution to overcome.

Strategizing the Right Path Forward

Your defense strategy will be tailored specifically to your unique case. The right criminal defense attorney for you will begin with a holistic understanding of your case and will proceed by carefully drilling down into the details. This leads to carefully tailored defense plans that effectively challenge the prosecution’s case.

The Impact of Social Consequences

When you’re facing a criminal charge, you are looking at legal consequences that potentially include time behind bars and steep fines. This does not, however, address the social consequences that come with a conviction. Consider the following:

• It can be more difficult for you to find a job, and any professional licensure you hold could be affected.
• Renting a place to live or being approved for a home loan can be more challenging.
• Your opportunities for pursuing higher education can be directly affected. For example, you may not be accepted into the school of your choice, federal financial aid may be denied, and living on campus may not be a possibility.
• Your standing in the community can be seriously tarnished. 

A Fierce Defender on Your Side

Whether you have been accused of a misdemeanor or a felony, the Law Office of Brett H. Pritchard has the experience you need to defend your case. Our team has helped clients for over 20 years, and we understand the court system. We investigate the details of your case, build a strong strategy, and defend your rights in court.

If you have been accused of a crime, schedule an appointment with our Williamson County criminal defense team at the Law Office of Brett H. Pritchard.