This section contains articles that will help you understand the Texas criminal law process before trial. Please browse the articles below to get started. If you’d like to speak with me about your case, please complete this short form, or call me at 713.487.7575.
After someone has been arrested for committing a crime, the police must present the person to a judicial officer within 48 hours of the arrest. This appearance is known as presentation. During presentation, the judicial officer will inform the person of the charges against him and of his Miranda rights. Also, the judicial officer will make the initial bail determination.
Most counties set bail amounts with a standardized schedule. Most accused persons have a right to bail. However, bail may be denied in two instances: for capital murder and for repeat offenders in certain circumstances. A hearing is required to deny bail. Usually, when prosecutors want to deny bail, they will avoid the hearing by setting the bail at a high amount that most people will not be able to pay.
Certain conditions may be imposed on persons released on bail. For example, the judge may instruct the defendant not to go near the alleged victim, or the court may require the defendant to submit to electronic monitoring.
If the bail is set too high, the amount may be challenged in a Habeas Corpus suit.
The information and the indictment are the formal charging instruments used by Texas courts to inform the defendant of what criminal behavior he is accused of.
An information is the charging instrument for most misdemeanor crimes. An information does not go to a grand jury. Rather, an information must be signed by a prosecutor and supported by a sworn complaint.
An indictment is the charging instrument for felony crimes. An indictment must be voted on a by a grand jury. The grand jury consists of twelve persons. To get an indictment, the prosecutor must persuade nine out of the twelve grand jurors that probable cause exists that the defendant is guilty. This is known as a “true-bill.” When the prosecutor fails to get nine votes, a “no-bill” occurs.
However, if the indictment is no-billed, the prosecutor can try again.
Furthermore, an accused person has no right to participate in a grand jury proceeding in Texas. An accused does not even have the right to know that a grand jury is considering his case.
An information will be forwarded to a misdemeanor court, typically a County Court, while a grand jury indictment will usually be forwarded to a District Court or Criminal District Court.
Shortly after an arrest, the accused will be required to appear in court. At the first trial setting, the defense lawyer will meet with the prosecutor to discuss your case. Usually, the prosecutor will allow the defense lawyer to look at the state’s file. The state’s file will contain offense reports by police officers along with other information related to the case like lab test results or sworn affidavits by witnesses to the crime.
The prosecutor will usually “rec” the file. In other words, the prosecutor will look at the offense report along with other pertinent information like the accused’s criminal history and come up with a proposed punishment. The defense lawyer will communicate the offer to the accused.
Most likely, the case will be reset for another docket call. Cases will often be reset several times as the prosecutor and defense lawyer argue and negotiate over the evidence.
Ultimately, either both sides will reach a plea agreement or the case will be set for trial.