Overview of Criminal Procedures in Texas
Criminal procedures are the rules and regulations we must follow during a criminal case. These rules vary according to jurisdiction, but generally, there are five basic phases of a criminal case.
- Investigation. Law enforcement gathers evidence and conducts interviews to determine whether a crime has been committed and who may be responsible.
- Arrest. If the police have probable cause to believe a person committed a crime, they may arrest them and take them into custody.
- Arraignment. The accused is informed of the charges and enters a plea of guilty or not guilty.
- Discovery. Both the prosecution and defense exchange relevant evidence, allowing each party to prepare their case.
- Trial. The presentation of evidence and arguments takes place before a judge or jury, who then renders a verdict based on the evidence presented. A trial may be avoided if the charges are dismissed, the defendant pleads guilty, or a plea deal is offered and accepted.
These procedures are supposed to ensure fairness and to protect the rights of the accused – though that is often not the case.
Burden of Proof
In criminal cases, the burden of proof rests with the prosecution. They must prove the defendant's guilt beyond a reasonable doubt. This high standard ensures that the accused is not wrongfully convicted. If the prosecution fails to meet this burden, the defendant should be presumed innocent.
When a defendant states they have an affirmative defense, like self-defense, the burden switches, and the defendant will have to prove self-defense.
Types of Pleadings
Pleadings are formal written statements filed with the court. The three big ones in criminal cases include:
- Indictments, which are formal charging documents issued by a grand jury
- Complaints, which are charging documents issued by the prosecution in misdemeanor cases
- Pleas, which are guilty, not guilty, or nolo contendere (no contest) pleas entered by the defendant in response to the charges
Much depends on these pleadings. Like all things related to a criminal case, it is in your best interest to speak to our criminal defense attorney in Texas so that you understand exactly what the criminal allegations are, what they involve or mean, and which plea is best for you at what stage of the case.
Types of Hearings
Several types of hearings occur throughout the criminal process. Preliminary hearings determine if there is enough evidence to proceed with a trial. Bail hearings determine whether the accused should be released or held in custody pending trial. Sentencing hearings occur after a guilty verdict, where the judge determines the appropriate punishment. These are the most common hearings, but the type of hearing your criminal case experiences may also depend on the types of motions filed.
Types of Motions
Motions are requests made by either party to the court, seeking a specific ruling or action.
- Motion to dismiss, which is a request of the court to dismiss the case due to legal defects or lack of evidence
- Motion for discovery, which asks the court to order the prosecution to provide specific evidence
- Motion to suppress evidence, which seeks to exclude certain evidence from the trial due to violations of the defendant's rights
Some of these motions can have a serious impact on your criminal case. With our criminal defense attorney in Texas who understands how, when, and which motions to file, we can help put your criminal case in the best position possible for the best outcome available.
