How Does the Criminal Defense Process Work in Texas?

The criminal justice process is often long and frustrating.

Law enforcement authorities are aggressive in Texas. The Lone Star State has one of the highest arrest rates in the country. In many jurisdictions, police release offenders, sometimes even felony offenders, with warnings. But in Texas, police officers almost always arrest these individuals. And, since the initial burden of proof is so low, these cases almost always go to court.

Misdemeanors and felonies have severe direct and collateral consequences. DUIs are a good example. In addition to lengthy probation and driver’s license suspension, auto insurance bills usually triple for these individuals. A Fort Worth criminal defense lawyer reduces or eliminates these harsh direct and collateral consequences. Usually, lawyers settle criminal cases out of court, and on defendant-friendly terms.

Jail Release

The criminal justice process starts before the case goes to court. Immediate jail release jumpstarts a successful criminal defense. If the defendant is out of jail, a Fort Worth criminal defense attorney has as much time as needed to investigate the case and identify defenses. More on that below. If the defendant is behind bars, the defendant usually takes the state’s first plea bargain offer to “get it over with.”

Nonviolent, first-time offenders are usually eligible for pretrial release, which is basically release on one’s own recognizance. Defendants must agree to appear at trial and meet a few other conditions. Then, the sheriff releases the defendant.

Bail bonds and cash bail are available as well. A bail bond is basically an insurance policy. If the defendant “skips bail” (fails to fulfill all conditions), the bonding company bears the financial risk. Most bonding companies charge about a 10% or 15% premium. Most defendants can also pay the entire amount in cash and be released. That payment, which is like a security deposit, is usually around $750 in a misdemeanor and $1,500 in most felonies.

Pretrial Process

We mentioned possible defenses above. These defenses include Fourth and Fifth Amendment violations. If officials violated these provisions, evidence in the case may be inadmissible. A judge usually rules on these issues during a pretrial hearing.

The Fourth Amendment prohibits unreasonable searches and seizures. Generally, any warrantless search or seizure is unreasonable. The Fifth Amendment guarantees the right to remain silent during interrogations. Furthermore, if officers violate the Fifth Amendment and discover physical evidence (e.g. I’ll show you where the gun is), that physical evidence is fruit from a poisonous tree and therefore inadmissible.

Resolution

Most criminal cases, about 98% to be exact, settle out of court. That plea could be a straight plea, an open plea, or a slow plea.

Straight pleas involve agreements with prosecutors. Technically, the judge can reject an agreement, but that only happens in rare cases. In an open plea, defendants quite literally throw themselves on the mercy of the court since no agreement with the prosecutor is in place. A slow plea is a combination of plea and trial. The defendant pleads guilty, and a jury assesses punishment.

A trial could be a bench trial (the judge serves as both legal referee and factfinder) or a jury trial. Trial verdicts are usually appealable, if a serious error affected the outcome of the trial.

Post Resolution

After the judge’s gavel falls, possible activities include probation revocation, record expungement, and probation early termination.

The state could attempt to revoke the defendant’s probation if the defendant picks up another case, fails to report to a supervision officer, or commits another probation violation. Record sealing (partial removal) and expungement (complete removal) are available in Texas. A judge can modify or end probation once the defendant completes one-third of the term.

Work With an Experienced Tarrant County Criminal Defense Attorney

The criminal law process is often long and complex. For a confidential consultation with an experienced criminal law attorney in Fort Worth, contact the Law Office of Kyle Whittaker. The sooner you reach out to us, the sooner we start working for you.