There are few things more devastating than being arrested and charged with a criminal offense. The legal system can be overwhelming and traumatizing, especially if you have no idea how the system works. But once the handcuffs click, you’ve begun the criminal process, and your life may completely change. What happens next? To the uninitiated, Texas criminal procedure can seem daunting. Indeed, whether you have experience or not, the Texas criminal system is unforgiving to those facing criminal charges.

Experts agree. To minimize impacts that could last a lifetime, you should seriously consider getting experienced legal representation. Those bringing charges against you likely know all the pitfalls. The repercussions of a badly managed case could have far-reaching consequences. Don’t go there. We advise that you seek counsel. Your attorney should advise you on Texas criminal procedure, including all steps involved in a criminal trial.

What is the Texas Criminal Procedure?

Criminal charges in Texas depend on a variety of factors, including the nature of the crime, the history of the defendants, and other aspects surrounding the case. 

First, it is important to note that criminal laws in Texas (like many other states) are adapted. This implies that an existing sentencing guideline is applied to determine the nature of punishment for a particular crime and can vary if the defendant is a repeat offender. 

How Does the System Work When You’re Charged with a Crime?

The criminal procedure in Texas involves:

Arrest or Notice to Appear in Court

In Texas, the criminal procedure begins when an individual is arrested or summoned to appear in court. If arrested, the alleged offender will have their fingerprints and picture taken and held in custody until they are summoned to appear before a judge. This usually happens within 48 hours of arrest. Once the alleged offender appears before a judge, they may have their bond set and released from custody if they can post a bail bond.

If the alleged offender receives a notice, the notice will be clear on the time, date, and location to appear before a judge. If the individual fails to appear as per the notice, a warrant for their arrest will be issued.

First Court Appearance

Once an individual appears before a judge in Texas court, the judge notifies them of the criminal charges they are facing, including whether there’s an affidavit supporting the charges. In addition, the judge will inform the defendant of their rights and identify the defendant’s lawyer. 

The judge will decide whether to set bail, release without bail or decline the defendant’s bond and order them to be held behind bars until further notice. If granted bail, the defendant will be released from jail until their trial is complete. The bond is a pledge that the defendant will appear in court proceedings. However, if the judge declines to set bail, the defendant must remain in custody until the conclusion of their trial.

Pretrial Negotiations

Before the trial begins, the prosecutor and your legal defense will hold pretrial negotiations. This happens when the prosecutor shows they have sufficient evidence against a defendant to bring the case to trial. The purpose of this step is for both sides to agree on possible outcomes of the trial, including what penalties may be offered in exchange for a guilty or no consent plea. 

During this process, the defense attorney can convince the prosecution to agree on less harsh penalties than what you could receive when found guilty of the charges. These penalties may include the following:

• House arrest
• Rehabilitation
• Probation
• Community service

In addition, plea agreements could require the defendant to meet particular conditions to have their case deferred, reduced, or dismissed. Each criminal case is unique, and your attorney should advise and work to provide concrete evidence and facts to the prosecutor and court.

Hearings and Pretrial Motions

Several hearings can occur before the trial. Most things that happen in between, such as pretrial motions and bond reduction hearings, play a significant role in a trial and case’s progress. 

If the prosecution and defense team fail to agree on a plea bargain, the Texas criminal procedure continues. In this case, they will set a date for all pretrial motions. During pretrial, your defense attorney can present various motions, including: 

• Motion to suppress evidence
• Motion to dismiss due to lack of enough evidence
• Motion to exclude witness testimony
• Motion to dismiss the charges on the lack of probable cause

If the judge presiding agrees with the defense motion to suppress evidence, the prosecution may reduce charges or dismiss the case. Still, if the judge declines defense motions, the case may proceed to trial.

Criminal Trial 

Once the case proceeds to trial and the judge sets a trial date, the defendant can choose between a jury trial or a bench trial. If the defendant opts for a bench trial, the prosecution and defense attorney will present their arguments before a  judge. The judge then decides guilt or innocence, including the punishment in cases where the outcome is guilt.

If the defendant chooses a jury trial, the defense and prosecution will present their arguments before a jury composed of selected citizens from the same county. Irrespective of the trial, the burden of proof falls on the prosecution. The state prosecutor must prove beyond doubt that the defendant is guilty of the criminal charges against them. 

If the case is presented in Austin, Georgetown, San Antonio, or San Marco, the Texas criminal procedure will be followed accordingly.

Phases of Texas Criminal Procedure 

The Texas criminal justice system has two conflicting goals: the system must protect the people and the rights of those accused of a crime. The following phases make up the Texas criminal procedure:

1. Crime to Arrest: Before you can be arrested and arraigned in court, law enforcement officers need probable cause for arrest. They must justify that the crime happened and the person accused is the primary suspect. If they feel they have probable cause, officers will arrest you and hold you at a local police station or jail.
2. Arraignment to Verdict: This phase involves arraignment and bail (initial hearings), pretrial hearings and plea bargaining, trial, and the final verdict based on the arguments the prosecution and defense presented. The arraignment involves a brief hearing where the judge confirms that you’re the person being charged and that you understand the criminal charges you’re facing. In the pretrial and the trial phase, the prosecution discusses all charges against you with your defense attorney to try to establish a common ground for the case. However, if they can’t agree, you’ll have to face a jury or a bench trial. Finally, a verdict is made by the jury or a judge based on prosecution and defense arguments.

Sentencing to Parole: Once the jury or bench reaches the guilty verdict, you are up for a sentence depending on the crime you are charged with. Criminal charges are classified as infractions, misdemeanors, or felonies. While infractions verdicts may include a few days of incarceration or a fine with a maximum of $500, felony sentences range from two years to life without parole or the death penalty in some states, including Texas. However, if you’re qualified for parole, you can be released from prison before your jail term ends after agreeing to abide by parole conditions. These conditions are determined by a judge.