Being charged with a crime can be incredibly frightening. It’s a process that most of us aren’t familiar with, and it can be overwhelming trying to figure out what you need to do. This is especially true if you’ve been wrongfully accused or charged with a crime.
If you’ve been charged or accused of a crime in Texas, keep reading to learn what happens during the legal process for criminal cases from your San Antonio criminal defense attorney.
Key Takeaways:
- After an investigation, you may be arrested and booked for a crime.
- You will get a chance to make a plea during your arraignment hearing.
- You may reach a plea agreement at any point in the legal process.
- If no plea agreement is reached, you will go to trial, after which your sentence will be set by a judge.
- You can appeal your judgment or sentence to the Court of Appeals.
Arrest and Booking
After a crime has been reported, a police officer will investigate the incident to determine who, if anyone, should face some type of criminal charges. If the investigation suggests you committed the crime, a warrant may be issued for your arrest, and the officer may begin filing charges. You may also be arrested if police have reason to believe you committed or are currently committing a crime.
During your arrest, the officers should let you know your rights, including that you have the right to remain silent and the right to an attorney, both for consultation and for help during questioning.
After being arrested, you can then expect to be booked, which usually includes a search of your person, fingerprinting, and a mugshot. If you’re facing charges for a serious offense, you may be kept in police custody. For minor offenses, you may be asked to appear in court at a later date.
Regardless of your situation, you should seek help from a criminal defense attorney if you’re facing criminal charges.
Arraignment
Within 72 hours of your arrest, you can expect to make your first appearance before a judge. This hearing is called an arraignment.
During your arraignment, the judge will talk to you about your rights, including your rights to silence, an attorney, and a jury trial. If allowed, your bond will be set. You’ll also be told what charges you’re facing and the maximum penalties. As you might expect, higher charges are likely to result in higher penalties, with felony offenses and state jail felonies being the most serious. These types of charges are likely to be brought for severe crimes, such as those involving serious bodily injury or high-value theft.
You will need to make a plea during your arraignment as well. You can plead guilty, not guilty, or no contest. A plea of no contest means you accept the charges against you but aren’t admitting guilt.
Your criminal defense attorney can help you decide the right course of action. They may engage in plea bargaining to attempt to reduce your penalties. Plea bargaining can occur at any point in the legal process, though most plea agreements are made before the trial phase. In a plea agreement, the prosecutor and your attorney agree to the conditions by which your case can be closed, such as your plea and sentence.
Pretrial Motions and Proceedings
Depending on the charges against you and the details of your specific case, you may go through a variety of steps between your arraignment and a trial. During this phase, you may appear in court multiple times if the District Attorney or your criminal defense attorney attempts to resolve the charges without a trial. These appearances won’t involve a jury or witnesses.
You may also appear in court as motions are filed and processed, including things like a Motion to Dismiss or a Motion to Suppress Evidence.
This phase also includes a process called discovery, which is when information is shared between your defense attorney and the District Attorney. Discovery may also take place during trial proceedings in some cases. Through discovery, you can request things like evidence testing and access to digital evidence.
Trial
If your charges aren’t resolved through plea bargaining, your case will go to trial. There are three types of trials that you could face:
- Jury Trial — Every defendant in Texas has the right to a trial by a jury of their peers.
- Trial by Judge — You can waive your right to a jury trial and instead have a judge determine your guilt or innocence and carry out sentencing. This is also known as a bench trial.
- Plea of Guilty With Pre-Sentencing Investigation — If you waive your right to a jury trial and plead guilty but don’t accept a plea agreement, a judge can carry out sentencing. They may order a pre-sentencing investigation before deciding on your punishment.
Each Texas trial consists of two phases: the guilt/innocence phase and the punishment phase. Jury trials also include a first step of jury selection.
During the innocence/guilt phase, the state will attempt to prove that you are guilty by showing sufficient evidence. Your criminal defense attorney will also have the chance to cross-examine witnesses and argue on your behalf. After your guilt or innocence has been determined, sentencing will be passed if needed.
Sentencing
The sentence you face will vary depending on the severity of your crime, but the sentencing process isn’t any simpler than any other part of criminal legal proceedings.
If you go through a jury trial, your jury will determine whether or not you’ve been proven guilty, but the judge will set your sentence. If you go through a bench trial, the judge will determine your sentence during your sentencing hearing.
It’s important to note that, if you’ve accepted a plea deal, the judge may or may not accept the terms you agreed to. If the judge sentences you to a harsher punishment than you agreed to, you can recall your guilty plea and restart the process.
Appeal
Finally, if you feel you were wrongfully convicted of a crime, you have the right to appeal that conviction. This involves filing a motion for a new trial, making a notice of appeal, filing the record on appeal, and filing an appellate brief.
The appellate court will then begin processing your case. If the appellate court decides against you, you can file for review with the Texas Court of Criminal Appeals, but your chances are low.
For Texas Criminal Charges, You Need an Experienced Criminal Defense Lawyer
Criminal charges are incredibly serious, and they can carry with them penalties ranging from a mark on your permanent record to a life-changing prison sentence. If you’ve been charged with a crime in Texas, you should not put your freedom at risk by attempting to handle your case on your own. A criminal defense attorney can help you determine the right path forward for your case.
If you’re facing Texas criminal charges, you can rely on the compassionate San Antonio criminal defense attorney John G. Perez for help with your case. We can help you fight for your rights and your freedom.