If you’re facing a criminal charge in Texas, you may have a lot of questions and little idea where to start. Understanding the basics of the criminal defense process can help you take control of your situation. If you've been charged with a crime, it's crucial to speak with an experienced Killeen criminal defense attorney.
When You're in Jail
If you’ve been arrested and are in jail—whether before your bail is set or while awaiting trial—remember that your only true expectation of privacy is when you speak with your attorney. Only those conversations are privileged. Anything you say to cellmates or during phone calls and visits can be used against you in court.
If a Detective Shows Up for an Interview
If a detective comes to interview you in jail, you should immediately invoke your Miranda rights, which include the right to remain silent and the right to an attorney. Politely inform them that, on the advice of counsel, you will not answer questions—and then remain silent.
If you're being questioned in connection with a crime, reach out to a knowledgeable criminal defense lawyer in Killeen before you say anything.
You Are Being Recorded
Jailhouse phone calls and visitor conversations are typically recorded, and your written correspondence (except with your lawyer) is subject to review. These conditions make it easy for authorities to gather information against you. Speak only to your attorney about your case.
For more information, read “Is Everything I Tell My Lawyer Confidential?”
Posting Your Bond
Once arrested, you'll be taken to the local county jail and will soon see a judge who sets your bail and books your trial date. Bail amounts vary by judge, but the severity of the charge is the primary factor. Misdemeanor bail is usually much lower than felony bail.
Being out on bail allows for easier communication with your attorney and provides a better opportunity to build your defense.
Leaving on Your Own Recognizance
In some cases, defendants may be released without posting bail. This is called being released on personal recognizance (PR bond). If you are eligible for a PR bond, your attorney may work with the prosecution to secure this option for you.
Posting Bail: Your Options
If bail is required, you can post bail using either of these options:
Use a bond company (typically paying 10% upfront, which is non-refundable).
Pay the full bail amount in cash to the county jail.
Failure to appear in court results in forfeiting the full bail amount—whether paid by you, a family member, or a bond company.
When Bail Is Too High
If your bail is too high to pay—even with a bond company—your attorney can take any of the following actions:
Negotiate a reduced bail with the district attorney
Request an evidentiary hearing to seek a lower amount
At the hearing, your attorney may present evidence showing that you are not a flight risk, that you have strong ties to the community, that you have no prior criminal history, and that you are unable to afford the current bail amount.
If You're Not Released on Bail
Texas law mandates release on your own recognizance or a reduced bail amount if the state isn't ready for trial within specific timeframes:
90 days for a felony
30 days for a Class A misdemeanor
15 days for a Class B misdemeanor
5 days for a Class C misdemeanor
The Criminal Case Process
After charges are filed, your case goes to the district attorney’s office for review. A prosecutor decides whether to proceed. If charges are brought, your arraignment follows, where charges are formally announced.
Discovery
The state must turn over its evidence in a process called discovery, which often follows arraignment. Although you can’t have a personal copy of the discovery documents, you can review them with your attorney. If more evidence is needed, your lawyer will file a motion to compel discovery.
Discovery can make or break your case. Let a skilled Killeen criminal defense attorney evaluate the evidence and protect your rights.
Pretrial Court Settings
You'll attend several court settings where your lawyer and the prosecution discuss your case. During these settings, your attorney and the prosecution will confer regarding your case and will advance either evidentiary motions, such as motions to suppress illegally obtained evidence, or non-evidentiary motions, which are often used in discovery disputes.
Motion to Suppress Evidence
A motion to suppress evidence challenges evidence obtained through potentially illegal actions such as:
Unlawful stops or searches
Improper arrests or interrogations
If granted, this motion can lead to key evidence being excluded and potentially result in case dismissal.
For example, if you’re facing a drug possession charge and the search that led to the police discovering illegal drugs on you is determined to have been conducted illegally, the drugs found in that search can’t be used as evidence against you, and the drug charge may be dropped.
Discovery Disputes
When the state fails to provide required evidence, your attorney can request court intervention. Resolving these disputes can impact whether a case proceeds or gets dismissed.
Plea Deals
You may be offered a plea deal, which typically includes reduced charges or penalties in exchange for a guilty plea. This avoids a trial but results in a public criminal record, which can lead to all of the following possible consequences:
Difficulty securing housing or employment
Loss of professional licenses
Reduced access to student loans
Before accepting any plea deal, consult a Killeen criminal defense attorney who can assess whether it's in your best interest.
Proceeding to Trial
If you opt to go to trial, you’ll be placed on the jury docket. This decision may prompt the state to reevaluate its case. If their evidence is weak, they might not be able to prove your guilt beyond a reasonable doubt. This shortcoming can cause your case to be dismissed. However, if they proceed, they may intensify efforts to secure a conviction.
You can accept a plea deal at any point before a verdict is reached.
Statute of Limitations
Texas law limits the time the state has to file charges:
2 years for misdemeanors
3 years for most felonies
5 years for certain felonies like robbery, burglary, and kidnapping
No limit for serious crimes like murder or continuous sexual abuse of a child
Speak with a Killeen Criminal Defense Attorney Today
Brett Pritchard at the Law Office of Brett H. Pritchard is a seasoned Killeen criminal defense attorney who is committed to aggressively defending your rights. Call us at (254) 781-4222 or schedule a free consultation online to get started today.