The Texas criminal justice system has received its fair share of criticism, and serious allegations related to its integrity have been levied. Better understanding how the state stacks up in relation to victims’ rights and the rights of the accused can help you better navigate the path forward toward a favorable case resolution.
One of the surest weapons at your disposal in this process is having the trusted legal counsel of an experienced Round Rock criminal defense attorney in your corner.
Victims Also Have Rights
Texas fancies itself a “law and order” state, and while – like other states – it guarantees those accused of committing crimes specific rights, it is one of the few states that also has a specific list of rights for the victims of crimes. Victims have the following rights during criminal cases in Texas:
The right to be treated fairly and with respect in relation to their dignity and privacy throughout the legal process
The right to reasonable protections from the accused throughout the legal process
Victims may also have the following rights upon request:
The right to notification of relevant court proceedings
The right to be present at all public court proceedings that are relevant to the offense in question – unless the victim is scheduled to testify and the court finds that their testimony would be materially altered by hearing the testimony of others at trial
The right to comprehensive information about the case in question, including – as applicable – the alleged perpetrator’s conviction, sentence, imprisonment, and release
The right to discuss the charge with a representative of the prosecutor’s office
Your Rights as a Defendant
If you’ve been accused of a crime in Texas, you need to know what your rights are as a defendant.
The Right to Remain Silent
You’ve heard it in countless TV shows and movies, and this is one thing that they tend to get right – you do have the right to remain silent if you have been arrested or detained for a crime. It is in your best interest to invoke this right from the get-go – other than sharing basic identifying information about yourself.
Nothing you have to say in defense of yourself at this juncture is likely to do you any good in the scheme of things, and the officers questioning you know exactly which questions to ask and exactly how to trip you up. The best course of action is to wait until you have an attorney backing you up before answering any questions.
The Right to an Attorney
If you’ve been arrested or detained in relation to a crime, you also have the right to an attorney, which you should speak up about. Once you ask for an attorney, the police are required to stop questioning you.
However, it is also critical that you stop talking, even when you’re sitting in an interrogation room on your own. You can count on being recorded in there, and you should know that the stress of the situation can lead some defendants to mutter case-damaging statements when they are left alone, which can go on to haunt them.
If you choose to keep talking to the police once you’ve asked for an attorney, anything you say can be used against you. The police are obligated to quit interviewing you once you invoke your right to an attorney, but they aren’t required to quit listening, which is an important distinction.
If you find yourself in a situation like this, contact a Round Rock criminal defense attorney right away.
The Right Not to Be Subjected to Unlawful Search and Seizure
Law enforcement doesn’t have the right to search you or your property without one of the following forms of permission:
Your consent, which you are advised not to give
A warrant
Probable cause
The legal gold standard for search and seizure is a warrant – barring the person consenting outright. With a warrant, the officer or prosecutor can draft a statement defining probable cause under the given circumstances, which must be reviewed by a magistrate before the warrant is issued.
However, obtaining a warrant isn’t always practical, so the police can base their search on probable cause when necessary. Probable cause refers to specific circumstances or facts that would cause a reasonable person to determine that a crime has taken place.
The Right Not to Be Treated Cruelly
Regardless of the crime you’re charged with, you have basic human rights that include not being subjected to overly cruel or degrading punishments. Additionally, excessive fines or bail are similarly off-limits. In Texas, every defendant has the potential to be released on bail – as long as the charge they face isn’t a capital offense.
Additional Defendant Rights
As a defendant, you also have all of the following rights:
You are presumed innocent until proven guilty.
In order to be found guilty, the state must prove your guilt beyond a reasonable doubt.
You have the right to a speedy jury trial that you can waive – in most cases – for a bench trial before the judge.
You have the right to know what the state has against you.
You have the right to cross-examine those who testify against you – which your savvy criminal defense attorney will do on your behalf.
You have the right to either testify on your own behalf or to refrain from doing so – without negative consequences.
You have the right to call witnesses and to subpoena witnesses to testify on your behalf.
The Right to a Speedy Trial Considered
In Texas, you have the absolute right to a speedy trial if you are facing a criminal charge, but the term “speedy" is relative, and the state puts this fact to good use.
Ultimately, it could take months or even years before your case is heard before a jury. In the meantime, witnesses may drop out for various reasons, evidence may be lost, and memories can fade – all of which can weaken your defense.
The one upside is that you may be able to prove you were denied your right to a speedy trial. If so, the charge against you can be dismissed completely. In fact, the only remedy available to the court under such circumstances is dismissal, which means they are hesitant to make such findings.
When the Right to a Speedy Trial Is Violated
The right to a speedy trial is violated when the state makes an unjustified delay between the time the charge is levied and the trial commences, resulting in prejudice against the accused. The delay must be what is called “presumptively prejudicial” for a violation to apply.
To make this determination, Texas courts use a balancing test that includes the following four factors:
Whether or not the length of the delay was significantly longer than usual
Whether or not the reason for the delay was legally justified
Whether or not the defendant asserted their right to a speedy trial during the delay
Whether or not the delay caused the accused to suffer prejudice
While the first two pertain to the prosecution’s burden, the second two relate directly to the defendant. If you failed to assert your right to a speedy trial over the course of the delay, it could be translated to mean you weren’t eager to have a speedy trial – or any trial.
Asserting your right to a speedy trial in response to the prejudice you suffer while your case drags on can stand as a testament to a violation of your rights.
For example, if the state is prolonging the process for no good reason, and you experience serious negative consequences associated with being seen as a criminal in the process, the court will need to balance the involved factors in order to reach a legal determination.
Is It a Presumptively Prejudicial Delay?
There is no set amount of time that is automatically considered presumptively prejudicial. However, a delay that is approaching a full year may be enough to trigger an inquiry into the matter. From here, the court will turn to the balancing test discussed above.
If you have been waiting for months or years for your criminal trial, contact a Round Rock criminal defense attorney to protect your right to a speedy trial.
Prison Population: Where Texas Stands
Wisevoter shares information about prison populations by State, and while Texas has decreased its overall prison population and male prison population slightly over the course of a recent year, it remains in the top position in the nation for both. Further, it ranks first for female prison population, which increased nearly 1.5 percent over the course of that same year.
While Texas ranks second for overall population in the nation, it hits the top rank when it comes to the size of its prison population, which was 133,772. California is a distant second for overall prison population, which was 101,441 at the time the study was conducted.
The Bail System
The Texas Tribune reports that about three out of every four people in county jails throughout the State of Texas are awaiting the resolution of their cases because they can’t afford to cover their bail. This number has increased by 14 percent since 2017.
Bail in the state is designed to be a form of leverage that helps to ensure those facing charges attend their court hearings, and it is set by the judge hearing the case. Those who make their necessary appearances are refunded their bail amount in full.
The Cashless Bail Option
While judges can, under some circumstances, set cashless bail in Texas – based on the defendant’s inability to pay – many believe this option is employed far more infrequently than it should be.
Those who can afford it can either pay their full bail amount in cash or through a bail bond agent – who turns a profit on the deal. Failure to live up to the bond conditions set by the court or the bond agent can lead to a bond revocation and arrest.
Like Many Things, “the Bail Problem Is Bigger in Texas”
According to The Bail Project, “the bail problem is bigger in Texas.” Texas has massive jails, and they are overflowing with defendants who can’t afford to cover the bail that’s been set in their cases. There are currently more than 70,000 people in the state’s jail system – most of whom are simply awaiting a case outcome behind bars because they can’t make bail.
In other words, the state’s jails are filled with people who haven’t been convicted of the crimes they’re charged with – making them innocent in the eyes of the law.
It’s important to point out that the longer people sit in jail before their cases are resolved, the more likely they are to plead guilty and cut a deal. This pattern means that those who are released on bail face statistically less harsh outcomes than those who aren’t.
Further, the longer those facing criminal charges spend in jail prior to trial, the more likely they are to face harsher consequences related to each of the following elements of their lives:
Child custody
Housing
Schooling
Employment
They are also more likely to face another criminal charge in the future. Bail plays a critical role in the nation’s criminal justice system, and the State of Texas has faced harsh criticism for the way it addresses bail concerns.
Speak with an Experienced Round Rock Criminal Defense Attorney Today
Brett Pritchard at the Law Office of Brett H. Pritchard is a focused Round Rock criminal defense attorney who takes great pride in his outstanding track record for successfully defending the rights of a wide range of clients and for the advantageous case outcomes he’s achieved on their behalf.
Mr. Pritchard is here for you, too, so please don’t wait to reach out and contact us online or call us at (254) 781-4222 and schedule a FREE consultation today.