If you’re arrested for a crime in Texas, the panic can set in quickly, and you may have no idea what to expect and what to do next. The good news is that consulting with an experienced Texas criminal defense attorney as soon as possible is the surest way to better understand the process, protect your rights, and help secure a favorable resolution.
Invoking Your Rights
Once you are arrested for a crime in Texas, the police should read you your Miranda rights, which refer to your right to remain silent and your right to an attorney. You should take both of these rights to heart from the outset and should invoke your right to remain silent as soon as you let the police know that you want an attorney.
It’s important to note here that invoking your right to remain silent requires you actually to remain silent. Anything that you do go on to say can be used against you, and you can count on the prosecution to mold your words into meanings that bolster its case against you.
From Arrest to Arraignment
After your arrest – if the state proceeds with a charge against you – you can expect to be arraigned. Arraignment is a formal hearing, and at arraignment, you’ll be informed of the charge against you and will be informed of your rights.
Your seasoned criminal defense attorney will also request that you either be released on your own recognizance, which entails following the court’s requirements but does not involve bail or that you be released for a minimal bail amount.
At this point, the court has several basic options:
- Releasing you on your own recognizance, which means the court trusts you to follow the guidelines it sets and to show up in court when you’re required to do so
- Setting a bail amount that you’ll be required to cover in order to secure your release
- Remanding you to jail without bail, which is generally reserved for serious charges or for defendants who have another felony charge pending
Demonstrating that you have strong ties to the community and are unlikely to flee your legal responsibilities can directly affect your bail requirement, and having credible character witnesses in the court with you at the time of your arraignment can help considerably.
At this stage in your case, there may be some talk about a plea bargain between your skilled attorney and the prosecution.
Your attorney and the prosecutor may also have a bench conference with the judge that can lead to the acquisition of valuable information from the state. If the charge against you is deemed an overreach, it could be reduced at this point, such as from a felony to a misdemeanor or from a first- or second-degree felony to a third-degree felony.
From Arraignment to the Preliminary Hearing
At your preliminary hearing, the state will showcase the evidence it has against you in an attempt to move the case forward toward trial. At this hearing, your savvy criminal defense attorney will have the opportunity to cross-examine the prosecution’s witnesses, which can generate beneficial evidence for your defense.
The prosecution takes some cases before a grand jury – rather than conducting preliminary hearings. Texas grand juries are made up of 9 to 12 people, and the proceedings occur behind closed doors. Generally, the defendant isn’t present, and their defense attorney doesn’t have the legal right to be present unless their client will be testifying.
The prosecution’s goal in taking a case to the grand jury is obtaining an indictment, which allows them to proceed with criminal charges.
From the Preliminary Hearing or Grand Jury to Indictment
Once the state has an indictment against you, it means they have officially established specific charges against you. From here, you’ll focus on your defense.
Plea Bargaining
Plea bargaining can happen at any juncture in the process – up to the point that the jury completes its deliberations. Plea bargaining refers to negotiations between your trusted criminal defense attorney and the prosecution. The crux of any plea bargain is the defendant pleading guilty to a lesser charge that comes with less harsh penalties, which may eliminate the need for a jail or prison sentence.
Is It a Bargain?
A plea bargain is a bargain in the sense that both sides give up something in exchange for something. While the state will afford you a lighter sentence, they get a conviction in the bargain. Accepting a plea deal translates to pleading guilty to the lesser charge, and that charge will go on your record, which is a matter of public information. As a result, you can face serious social consequences like the following:
- Your job can be affected, and finding a new job may be more challenging.
- Renting a home or being approved for a mortgage can be more difficult.
- Your professional licensure could be affected or voided altogether.
- Your ability to further your education may be derailed by added barriers to receiving federal student loans, gaining acceptance to the school of your choice, or living on campus.
- Your standing in the community can be seriously tarnished.
Addressing Your Unique Case
Accepting a plea bargain can be a good option, but it isn’t always. Your insightful criminal defense attorney will help you weigh your options, balance the related consequences, and make the right decisions for you, given the specific circumstances that apply. In some instances, proceeding to court is the better choice.
When you have a dedicated criminal defense attorney in your corner, it affords you the peace of mind that comes from knowing that your rights are well protected in the context of your unique case.
From Indictment to Pretrial Motions and Procedures
From here – while plea bargaining may continue behind the scenes – you’ll continue to advance toward trial. At this point, pretrial motions come into play. These pretrial motions are the most common:
- Motion to dismiss charges, which is a means of asking the court to dismiss all or some of the charges against you as a matter of applicable law
- Motion to suppress evidence, which attempts to exclude evidence from the trial – often for reasons that relate to police actions, such as illegal search and seizure or lack of probable cause to arrest
- Motion to compel evidence or testimony, which requires the other side to provide specific evidence or testimony
There are also a range of pretrial hearings that may apply.
From Pretrial Motions and Procedures to Your Court Date
If your case goes to court, you’ll have either a jury trial or a bench trial, which is heard solely by the presiding judge. Most trials are jury trials, and they begin with voir dire, which is the jury selection process. This process amounts to whittling the jury pool down to 12 jurors and 2 alternates. Each side is afforded a set number of peremptory challenges that don’t require a specific reason for dismissing a potential juror. Jurors can also be challenged for cause – if either side questions a juror’s ability to be impartial in the case. While challenges for cause aren’t limited to a certain number, they must be based on acceptable reasons.
Once the jury in your case is established, your trial is likely to proceed as follows:
- The prosecution will make its opening statement.
- Your defense attorney will make their opening statement.
- The prosecution will present its case, including all witness testimony and all evidence – in the form of exhibits.
- Your defense attorney will skillfully present your solid defense. It’s your legal right to testify on your own behalf, which supports cross-examination by the state, and you and your attorney will determine whether doing so is in the best interest of your case.
- The prosecution then has the opportunity to rebut, which is followed by your defense attorney’s chance.
- First the prosecution and then your attorney will make their closing arguments. The prosecution is then allowed to a final rebuttal.
- From here, the jury will deliberate and render a verdict.
What Happens If I Am Convicted?
If you are convicted of your charges, you may have options available to you. In some cases, defendants can appeal and have their case reviewed by a higher court.
Common Criminal Charges in Texas
While Texas courts see every manner of criminal charge, some are far more common than others.
Drug Charges
Drug charges are among the most common in Texas, and drug possession is one of the most common drug charges. Drugs are classified into distinct groups that range from the most to least serious, and this classification, as well as the amount of the drug in the defendant’s possession, guides the charge.
If the offense isn’t the defendant’s first, it can also impact the charge he or she faces. If their location at the time of arrest was in a drug-free zone, the fines and penalties imposed can be enhanced.
Theft Charges
Theft refers to taking control, ownership, or possession of property that belongs to someone else without their consent – with the intention of depriving them of the property permanently. The value of the property taken dictates the charge according to these guidelines:
- Theft of property that is valued under $100 is a Class C misdemeanor, which carries fines up to $500 but no jail time.
- Theft of property that is valued between $100 and $750 is a Class B misdemeanor, which carries fines up to $2,000 and a jail sentence of up to 180 days. A prior conviction can elevate the charge to a Class B misdemeanor.
- Theft of property that is valued between $750 and $2,500 is a Class A misdemeanor, which carries fines up to $4,000 and a jail sentence of up to one year.
- Theft of property that is valued between $2,500 and $30,000 is a state jail felony, which carries fines up to $10,000 and 180 days to two years in a state jail facility. Theft of a firearm, theft of an official election ballot, and a third theft conviction – even when the $2,500 minimum isn’t met – are also punishable as state jail felonies.
- Theft of property that is valued between $30,000 and $150,000 is a third-degree felony, which carries fines up to $10,000 and a prison sentence of 2 to 10 years.
- Theft of property that is valued between $150,000 and $300,000 is a second-degree felony, which carries fines of up to $10,000 and a prison sentence of 2 to 20 years.
- Theft of property that is valued at more than $300,000 is a first-degree felony, which carries fines of up to $10,000 and a prison sentence of 5 to 99 years – or life.
Aggravated Assault
Assault refers to knowingly, recklessly, or intentionally causing someone else to suffer bodily harm or credibly threatening to do so. The charge is enhanced to aggravated assault if the incident in question causes the victim to suffer serious bodily injury or if the accused used a deadly weapon in the commission of the crime. Aggravated assault charges are second-degree felonies, which carry fines up to $10,000 and prison sentences of 2 to 20 years.
You Can Trust an Experienced Texas Criminal Defense Attorney to Help
If you or someone you care about is facing a criminal charge, the path forward is paved with challenges, but skilled legal guidance can profoundly impact the outcome of your claim. Brett Pritchard at the Law Office of Brett H. Pritchard is a resourceful Texas criminal defense attorney who welcomes the opportunity to fight for your legal rights and your case’s best possible resolution.