If you are facing a criminal charge in Texas, it can leave you feeling as confused as you are frightened about the outcome. The better you understand the criminal justice process, however, the better prepared you will be to protect your rights and achieve a favorable case resolution.
The most important step forward that you can take is consulting with an experienced Round Rock criminal defense attorney early in the process.
Most Cases Are Settled Out of Court
It is important to point out that most criminal cases are settled out of court. This can mean having the charge against you dropped altogether or striking a plea deal.
Plea deals tend to reduce the charge and attendant consequences in exchange for a guilty plea, but you need to know that if you accept a plea deal, it translates to pleading guilty, which means you will face both legal and social consequences.
A plea deal can be struck at any time, which makes having a solid understanding of the criminal justice process beneficial. And finally, some cases do go all the way to trial, and yours may be one of them. Ultimately, you have the right to your day in court, so the matter is up to you, and you can count on your knowledgeable criminal defense lawyer to help you make the right decisions for you.
Upon Arrest
If you’ve been arrested, your Fifth Amendment rights come into play. These include the right to an attorney and the right to remain silent; at this point, it is time to exercise both. While you are required to share basic identifying information about yourself with the police, such as your name, address, and phone number, this is where your obligation ends.
It is in your best interest not to get chatty with the police – regardless of how chummy or helpful they may seem and regardless of how much pressure they may apply. The bottom line is that the officers interviewing you are skilled at obtaining the statements they’re looking for, and the more you talk, the more likely you are to damage your defense.
Also, it’s important not only to let the police know you won’t be talking but also to stop talking, which is sometimes the difficult part. If you keep in mind that holding your tongue can benefit you immensely, it can help you remain silent.
Now is also the time to let the police know that you want an attorney. In fact, doing so should completely shut down the interview process. Even if it doesn’t, however, you should stick to your vow of silence.
While letting the police know that you are innocent may seem like a great idea, a much better approach is remaining silent while you wait for the professional legal guidance of your practiced criminal defense attorney.
Your First Appearance before a Judge
The next step on the path forward, which generally must occur within 48 hours of arrest, is your initial appearance before a judge. At this point, the judge will inform you of the charge against you and whether or not there is a sworn statement that supports the charge – or affidavit – involved. The judge will touch on each of the following points:
You have the right to retain counsel, the right to have them represent you whenever you speak to a police officer or the prosecution, and the right to terminate any interview with the police or the prosecution at any time.
You have the right to remain silent, and if you choose to speak, anything you say can be used against you.
You have the right to a hearing at which the reason for your arrest – or the probable cause involved – will be established.
The judge is also called upon to allow you a reasonable amount of time to confer with your lawyer and will set a reasonable bond, as applicable.
If You Cannot Post Bond
If you are unable to post the bond set for you, it means you’ll be held in jail. If this happens, the prosecutor faces time limits for filing formal charges, and they break down as follows:
For a Class B misdemeanor, the prosecution has 15 days.
For a Class A misdemeanor, the prosecution has 30 days.
For any felony, the prosecution has 90 days.
If the state exceeds the applicable limit, you are entitled to release on your own recognizance, which means being released without having to post any bail.
If you’re not held in jail, the state has considerably longer to file a charge against you, but generally, a statute of limitations – or time limit – applies. The statute of limitations for misdemeanors, for example, is two years from the date of the alleged offense.
The statute of limitations for felony cases, however, can extend up to 10 years – depending on the severity of the crime. There are some crimes, however, such as sexual assault, indecency with a child, and murder, that have no time constraints.
Arraignment
Once a charge has been filed against you, you’ll have an initial appearance in court, which is called arraignment. Here, you’ll receive a copy of the complaint against you, which is called a charging instrument. At this point, you have the legal right to have the charge against you read in court, to enter your plea, and – if required – to request a continuance. Often, continuances are sought in order for the state, the defense, or both to have the time needed to bolster their cases.
At your arraignment, your diligent Round Rock criminal defense lawyer will very likely be allowed access to the prosecution’s file against you, including the original police report.
A plea deal can also be offered – or plea negotiations can be entered – at this juncture. Requests for access to specific information, such as copies of evidence, crime-scene videos, 911 calls, and any confessions, can also be made.
Your Ongoing Rights
Up to this point and throughout the criminal justice process, you have a wide range of primary rights that include all the following:
You are presumed innocent until you are proven guilty.
The prosecutor must prove your guilt beyond a reasonable doubt, which – put very simply – means that your guilt is the only reasonable explanation.
You have the right to a speedy trial that will be heard by an impartial jury.
You have the right to cross-examine the state’s witnesses, which amounts to your right to confront those who’ve accused you.
You have the right to subpoena witnesses to testify on your behalf.
You have the right not to incriminate yourself, which means that it’s your right not to testify, and the fact that you don’t can’t be used as evidence against you.
You have the right to appeal a guilty verdict.
Prior to Trial
There is a range of pretrial procedures and hearings that may occur before your trial date, depending on the circumstances involved.
Bail or Bond Hearing
At a bail hearing, the judge may place specific conditions on you, which are designed to ensure that you show up for court as required. The court sets bail at its discretion, on a case-by-case basis.
If your attorney believes that your bail is set too high, they will pursue a bail reduction hearing at which they’ll need to demonstrate that you are not a flight risk, that you have strong ties to the community, that you do not pose a risk to the community or the identified victim, and that you don’t have enough collateral to cover the bond set for you.
While the terms bail and bond tend to be used interchangeably, they have distinct meanings. Bail refers to the security you put up, such as your own cash or property. Bond, on the other hand, refers to a promise to appear, which is often made by a third party, such as a bail bond company.
If you are denied bail altogether, you are entitled to a hearing on the matter within 48 hours of your arrest.
The Discovery Process
The discovery process typically begins right away and can extend to the trial stage.
Discovery refers to the exchange of case information between the prosecution and the defense, which goes both ways. Because there is no limit to the amount of evidence that can be dug up – and because there is no way to know when it will be discovered – discovery can be ongoing.
Plea Negotiations
Plea deals can be struck at any point. In fact, the process may be ongoing, or a plea offer could pop up during trial. If the prosecution makes an offer, your attorney is required to inform you. And while they can provide you with guidance regarding what your best legal options are, the decision of whether or not to accept a plea deal is yours alone.
Plea deals are struck between the state and defendants, but it is up to the judges involved whether they are accepted. While Texas judges typically accept plea deals that are struck in criminal defense cases, they are under no obligation to do so, and there is no guarantee that they will.
If you do enter a plea deal by pleading guilty or no contest and if the judge ultimately rejects the deal, you can withdraw that guilty or no-contest plea.
Suppression Hearing
If any evidence against you in the case at hand was obtained illegally, you can seek its suppression, which means having it kept out of your case, with a suppression hearing. Suppression hearings are often based on evidence obtained through an illegal search or seizure, or on statements obtained without reading the defendant their rights.
Trial
Every defendant facing all but the most minor criminal charges in Texas has the right to a jury trial. Defendants, however, can waive this right – opting instead to have a bench trial, which is a trial that is heard solely by the judge.
In such cases, the judge is tasked with determining guilt or innocence and with determining punishment in the event of a guilty verdict. A common reason for choosing a bench trial is that the case in question is so technically challenging that the jury could lose their way in the process of navigating it.
Jury Selection
Jury selection is called voir dire, and both sides focus on identifying those potential jurors who may not be qualified to serve, who are unfavorable to their case, or who may be biased. For misdemeanor cases, the first six jurors selected become the jury, and for felony cases, the first 12 jurors selected form the jury.
The Verdict
The prosecution’s job is to prove your guilt beyond a reasonable doubt, and it’s your seasoned defense lawyer’s job to demonstrate that there is plenty of reasonable doubt to be had. Each side will present their strongest case, and from here, the jury is called upon to reach a verdict of guilty or not guilty.
Sentencing
Only if you are found guilty, which your determined Round Rock criminal defense attorney will do everything in their power to avoid, will sentencing be necessary. In Texas, sentencing often involves a separate hearing at which the judge – or potentially the jury – determines the final sentence.
Make the Call to an Experienced Round Rock Criminal Defense Lawyer Today
Brett Pritchard at The Law Office of Brett H. Pritchard is a formidable Round Rock criminal defense attorney who takes great pride in his imposing reputation for fierce advocacy in the face of even the most challenging criminal cases.
We are on your side and here to help, so please don’t put off reaching out and contacting us online or calling us at 254-781-4222 to schedule a FREE consultation and learn more about what we can do for you today!