If you are facing a criminal charge in Texas or fear that you may be soon, it helps to know what to expect. While no two charges – even for the same crime – ever run exactly the same course, there are basic steps along the way that rarely vary.
If you find yourself facing a criminal charge, do not wait to consult with an experienced Round Rock criminal defense attorney.
The Three Basic Phases of Criminal Procedure in Texas
Much like civil procedure, criminal procedure in Texas – and throughout the nation – consists of three basic phases that include:
The pre-trial phase
The post-trial phase
Each of these can be broken down into additional actions that ultimately lead to one of the following:
The charge being dropped
The charge not being pursued
A plea deal and sentence being reached
Conviction at court
Acquittal at court and release
Appeal after conviction
Navigating the criminal justice system in Texas is challenging, and because your future rides on the outcome, having skilled legal counsel in your corner is always advised.
Prior to Arrest
The criminal justice journey in Texas typically begins with law enforcement’s preliminary investigations into a crime, which often lead to follow-up investigations before any of the following can happen:
A warrant or warrants are issued
A suspect or suspects are arrested
Weapons or stolen property is seized
The case is shared with the prosecuting attorney once law enforcement has conducted their initial investigations into the crime in question. At this point, what comes next is up to the prosecutor, and their options include all the following:
The state accepts the criminal case for prosecution, which can include either strengthening or reducing the applicable charges or filing additional or different charges.
The state returns the case to law enforcement for more investigation.
The state rejects the case for prosecution.
Arrest
After the pre-arrest process has begun, an arrest warrant can be issued. The act that initiates prosecution is often an affidavit – or a written document – from a credible party who charges the defendant with the commission of a crime.
Misdemeanor charges are triggered by filings at county courts, but felony charges are initiated when a grand jury issues an indictment that formally charges the defendant with a criminal offense. If the accused hasn’t been arrested up to this point, the court will initiate an arrest or a summons for arrest.
A police officer generally needs a warrant to arrest someone – or to take them into custody. If the officer has probable cause to believe that the individual was committing a criminal offense, they can make an arrest without a warrant, such as when a person is arrested for DWI after being pulled over. Additional exceptions include the following:
The individual was found in a suspicious place and under suspicious circumstances that reasonably demonstrate guilt of an offense.
The police officer has probable cause to believe the individual caused bodily injury to someone else and has probable cause to believe that there is further risk involved.
The police officer has probable cause to believe the individual has committed an offense of family violence.
The police officer has probable cause to believe the individual prevented or interfered with someone else’s ability to make a phone call in an emergency.
The individual made a statement to the police officer that is admissible against them and that amounts to probable cause for believing they’ve committed a felony.
The Setting of Bail
Once a defendant has been arrested, the judge in the case will set their initial bail – or the amount required to gain release. The judge can also let a defendant go on their own recognizance if they believe the individual represents a very low risk of fleeing.
While there are bail guidelines in place, the judge has considerable discretion in the matter. Some of the factors that go into the bail calculation process include the following:
How serious the charge is
If the charge is the defendant’s first or if they have a prior record
The potential risk the defendant poses to public safety
Whether or not the defendant was out on bail at the time of the arrest in question and the defendant's probation status
How likely it is that the defendant will flee and won’t show up for court appearances
Discovery
Discovery begins early on and can continue throughout the trial phase. It is the process by which both sides exchange information and evidence related to the case at hand. Texas doesn’t have automatic discovery, meaning each side must request the information and evidence they seek—at which point, the other side must provide it, with certain exceptions.
Dismissal of a Case
In some instances, the prosecution – with the judge’s consent – will dismiss a criminal case before it makes its way to trial for reasons like the following:
There is insufficient evidence to obtain a conviction.
The suppression of crucial evidence leaves insufficient evidence to obtain a conviction.
There were serious errors in the case filings.
The defendant pled guilty to other charges.
Witnesses who are necessary to bring a successful case can’t be located.
Trial
There are several chapters to the trial phase of the criminal justice system
Appearances
The defendant’s first appearance in court is called an arraignment—or preliminary arraignment. Here, the judge reads the charges against the individual, asks if they need a court-appointed attorney, and asks how they plead. At this point, the dates for specific future court appearances are set.
The arrangement leads to a preliminary hearing. This is the court’s opportunity to determine whether the prosecution has adequate evidence to meet the burden of persuasion they shoulder. The pre-trial hearing follows the preliminary hearing, and it’s here that both sides – the defense and the prosecution – are likely to put additional motions before the judge.
Plea Bargaining
The vast majority of criminal cases in Texas never make it to trial, and most that don’t are settled through plea bargaining.
Plea bargaining refers to negotiations between the state and the defense—under judicial supervision—designed to arrive at a compromise in which the charge is modified or dropped in exchange for the defendant pleading guilty to the modified charge or to a different charge altogether.
When a defendant negotiates a plea bargain – even a favorable plea bargain – it translates to pleading guilty, which is sometimes difficult to understand. Yes, they may face better terms and less harsh penalties, but they will, nonetheless, have a criminal charge on their record that should be taken into careful consideration.
If you are facing a criminal charge, your dedicated criminal defense attorney will ensure that you understand the ramifications of the plea bargain and will help you make the right decisions for you, given your life and unique circumstances. A consideration to keep in mind is that a criminal record is a matter of public information, which can lead to all the following consequences:
It can affect your current job and can make getting a new job that much more challenging.
It can negatively affect or even void your professional licensure.
It can make it difficult to rent a place to live and can interfere with your ability to obtain a home loan.
It can interfere with your ability to further your education by disqualifying you for a federal student loan.
It can significantly tarnish your standing in the community.
Pleading No Contest or Nolo Contendere
A defendant can skip the plea bargaining entirely and plead nolo contendere to the charge in question. A nolo contendere plea can also be issued as part of a plea deal. Nolo contendere isn’t an admission of guilt but, instead, is a way of accepting that the state has enough evidence to convict.
Trial by Jury or Judge
Every defendant has a right to a trial by a jury of their peers, but anyone who makes it to this stage also has the right to request a bench trial. At a bench trial, the case is heard and decided solely by the judge. However, the judge and the prosecutor must agree to the defendant’s request. Every trial has several parts.
Voir Dire
Before the trial can begin, a jury must be selected, and the process is called voir dire. At voir dire, both the prosecution and the defense question a panel of people who are called for jury duty regarding their unique backgrounds, potential biases, and beliefs. The jury is selected by choosing and eliminating candidates from this panel.
Each side is afforded limitless challenges for cause. These challenges refer to the elimination of potential jurists based on the defense or the prosecution’s belief that they are biased in a manner that could directly harm the case or interfere with the defendant’s constitutional rights.
For example, if a potential jurist in a capital murder case is staunchly against the death penalty, the prosecution has cause to eliminate them from the jury pool. On the other hand, if a potential jurist expresses their belief that a defendant who doesn’t take the stand in their own case is guilty, the defense has cause to eliminate them from the jury pool.
Both the prosecution and the defense are also allowed a certain number of peremptory strikes that they can use at their discretion and that they needn’t defend. However, once either side meets this limit, their peremptory strikes are exhausted. The number of peremptory strikes afforded depends on the kind of trial and on a number of other variables.
It’s important to note that, although peremptory strikes needn’t be explained, they can’t be based on race. Such strikes can be challenged.
Motions and Requests
Prior to the trial starting or while it is in process, both the prosecution and the defense are likely to file requests or motions for issues such as the following:
A motion for continuance, which is a request for additional time
A motion to amend position
The Verdict
The verdict resolves the case by determining the defendant’s guilt. If the defendant is found not guilty, it does not translate to a finding of innocence but means that the prosecution didn’t meet the burden of proof required to prove guilt. If the defendant is found guilty, it leads to a sentencing hearing at which they will be sentenced in accordance with the law.
The Appeals Process
If the defendant is found guilty, they have only 30 days from the verdict’s pronouncement to file a notice of appeal. Once 30 days have passed, the right to appeal does the same. The steps in the appeals process include filing the motion, obtaining the record on appeal, submitting briefs, presenting oral arguments, receiving the court’s decision, and seeking further review.
An Experienced Round Rock Criminal Defense Attorney Can Help
Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Round Rock, Texas, for more than 20 years – is a passionate criminal defense lawyer who dedicates his impressive practice to helping clients like you obtain favorable case resolutions.
Our well-respected legal team is on your side and here to help, so please don’t delay contacting or calling us at 254-781-4222 to schedule your free consultation and learn more today.