We have recently seen some confusion in the comments about the criminal justice process, the order in which it happens and the length of time.

So, we have created a VERY BASIC guide to what happens in Texas.

#RandallCountyEducation

Arrest

The arrest will be made either on the basis of probable cause (on-view) or a warrant issued following a complaint/court filings. The arrestee will be processed and held in jail until they see a judge.

First Court Appearance/Arraignment

🕐 Within 48 hours of arrest OR indictment

The judge will explain the charges, advise the offender of their rights and determine whether or not to grant bail.

For felony charges, if the individual cannot afford representation, counsel will be appointed at this time

Bond

Once a judge has set a bond, the offender is eligible to post a bail bond to be released from jail.

If bond is posted, they are required to come back to court and answer to the charges against them. If they secure bail through a bail bondsman, they are required to check in weekly with that agent.

Indictment: Pre-Hearing

Before the indictment, investigators compile information to establish the basics of a case.

Using the information gathered, the prosecution must show there is enough evidence against a defendant to proceed. If the evidence can be proven as insufficient, the charges can be dismissed.

Some prosecutors choose to go directly to the grand jury.

Indictment: Grand Jury

🕐 Indefinite. 1 month to Years

This is applicable for felony charges only.

(Note: in cases of a court-issued capias warrant, the preliminary hearing and indictment may be the initial stages of this process)

The district attorney will bring the case before a panel of 12 grand jurors and present the evidence for prosecution. If at least 9 jurors think there is sufficient evidence to prosecute, they will vote for a "true bill" and the offender will be formally indicted.

💡 Think of the indictment as the formal document that says "it's show time".

Pretrial Negotiations/Plea Bargaining

The purpose of pretrial negotiations or plea bargaining is for both sides to come to an agreement on the outcome of the case or what penalties the defendant will receive in exchange for a guilty or no contest plea.

💡 MOST CASES IN THE SYSTEM ARE SETTLED BY PLEA BARGAIN.

Pretrial Motions and Hearings

If the prosecution and defense are unable to reach an agreement on a plea bargain, the criminal process will continue. The judge will set a date to when all pre-trial motions are to be heard.

- Motion to dismiss charges due to lack of probable cause

- Motion to dismiss due to lack of evidence

- Motion to exclude witness testimony

- Motion to suppress evidence

Sometimes the best plea offers from the State come after pretrial motions have been filed or after pretrial motions have been heard. For example, if the judge presiding over the case decides to grant a defendant's motion to suppress evidence, then the State may decide to dismiss or reduce the charge. If the judge denies the defense's motion, the case may reach an agreement or proceed to trial, as scheduled.

Trial

🕧 avg is 1 year to 6 years after arrest

Defendants can choose a trial by jury or judge.

In a jury trial, a jury and judge review the evidence against you and decide whether you are innocent or guilty.

Sentencing

There are standard sentencing federal and state laws for each crime that guide the judge on sentencing.

Other factors also influence the severity of the punishment, such as the defendant's criminal record, the seriousness of the crime committed, etc.