There are two branches to the legal system in the U.S.: the criminal justice system and the civil justice system. Civil law is the set of laws that address conduct that causes some harm or injury, usually economic, to a person or other private entity, e.g., a business. Civil lawsuits are usually brought by private parties who seek damages for the harm done to them. It is in civil courts that people and businesses sue for such civil causes of action as negligence or breach of contract.
The other branch of our legal system is the criminal justice system. Criminal laws address behavior that violates criminal laws and constitutes a criminal offense. The criminal justice system includes law enforcement, whose role is to identify the perpetrators of crimes and bring them to justice in our courts of law and the lawyers and judges who serve in the criminal courts.
Each state has its own criminal laws, and the federal government has its own set of criminal laws.
The laws that govern the actions of law enforcement and the criminal courts that prosecute the perpetrators of crime comprise the system of criminal procedure. The U.S. Constitution, state constitutions, laws, and the rules of criminal courts together make up our system of criminal procedure.
Whether a person is charged with a minor infraction or a serious felony crime, the accused person has significant constitutional rights, along with additional rights that state laws and constitutions may provide.
For example, the Sixth Amendment to the U.S. Constitution guarantees a criminal defendant the right to a speedy, public trial by a jury of their peers. A person who is convicted of a crime in a criminal court may be forced to pay criminal fines, and they may also lose their freedom by being sentenced to jail or prison time.
What Are Examples of Common Texas Criminal Cases?
As noted previously, every state, including Texas, has its own criminal laws, often expressed in the state’s penal code. These laws define what constitutes a crime in that state. Additionally, there are also county and municipal laws and statutes that define additional criminal infractions.
Some examples of crimes in Texas are as follows:
As in any state, drunk driving and drug-related crimes make up a significant portion of Texas criminal cases. However, another large portion of Texas criminal cases involve minor criminal infractions, such as traffic violations. It is important to note that Texas maintains habitual offender statutes. This means that criminal punishment for repeat offenders is more harsh than it is for first-time offenders.
How Long Does a Criminal Case Take?
It is impossible to say how long a criminal case may take in Texas. Much depends on the crime involved and whether it is charged as a misdemeanor or a felony. It also depends on when a case is considered to have begun. When a person reports a crime, it may be clear who the perpetrator is, and the prosecution might be able to charge the perpetrator quickly.
In other cases, when the crime is first reported to the police, it may not be at all clear who perpetrated the offense, and the police may have to conduct a lengthy investigation before they can identify the perpetrator and arrest them. Only then is the prosecution able to charge the perpetrator.
There are also certain statutes of limitations involved with crimes, so county attorneys or district attorneys may prioritize cases based on when an approaching statute of limitations may bar prosecution.
In some states, if the crime is to be charged as a misdemeanor, the prosecution decides whether or not to file an information. This is the document that charges a named person with a specific crime and formally begins a criminal prosecution.
In some states, if the charge is a felony, the prosecution must submit evidence to the grand jury. If the grand jury issues an indictment charging a named person with a specific crime, the prosecution of the case can begin. Of course, the grand jury may not issue an indictment, and then the case would end. The process of submitting a case to a grand jury may take months.
Following the filing of an information or an indictment, the person charged, the “defendant” in legal terminology, is arraigned in court. At the arraignment, the person is informed of the charge against them for the record, and the person enters their plea of guilty or not guilty.
In some states, after the arraignment, the prosecution must conduct a preliminary hearing. This is a court hearing in which the prosecution must present enough evidence to convince the court that a crime was committed and the person charged committed it. If the prosecution makes its case in the preliminary hearing, the case can proceed. If not, it might be dismissed at this point.
If the prosecution is successful in the preliminary hearing, then the pretrial phase of the case may proceed. In this phase, the prosecution and the defendant engage in discovery, which is the exchange of evidence that they have. They also file pretrial motions in court, which the court must hear and decide.
For example, a defendant may make a motion to suppress evidence because it was obtained through an illegal search or seizure. Often, during the pretrial phase, the defendant’s attorney may negotiate a plea agreement with the prosecution. Or the defense attorney may seek a dismissal of the case.
Once the pretrial phase has ended, the trial date is set. It may be as soon as 30 days after the pretrial, or it may be months or longer after the end of the pretrial phase. At some point, the case can proceed to trial. After the trial, if the defendant is convicted, there is a sentencing hearing at which the court pronounces the sentence, or the punishment, that it is imposing on the defendant.
What Are the Stages of a Criminal Trial?
As noted above, there are the pretrial, trial, and post-trial phases in a criminal trial. Of course, in many cases, after a defendant is arraigned, their lawyer may negotiate a plea agreement for the defendant. Then, there is no trial, and the case moves directly to the sentencing hearing in which the defendant is sentenced.
The pretrial phase includes charging, arraignment, the entry of the defendant’s plea, discovery, and pretrial motions. The pretrial is also an opportunity for the case to be resolved based on an investigation by the defendant’s attorney, through a plea bargain, or an outright dismissal.
If the case is not resolved during the pretrial period, the court sets a date for trial. Depending on how complex the case is, the trial date may be set for as little as 30 days after the pretrial, or it may be set for a date months in the future so the lawyers have more time to investigate the facts.
If the defendant is acquitted of the crime charged by a jury, the case ends there. If the defendant is convicted, then in the post-trial phase, there is a sentencing hearing at which the court pronounces the defendant’s punishment.
Some cases continue with appeals, which may go all the way to the U.S. Supreme Court.
What Role Does a Texas Criminal Defense Lawyer Play in a Case?
As can be seen above, the Texas criminal procedure process can be complex. It involves numerous different steps, from the time when a person is apprehended to when a person is convicted.
The role of a Texas criminal defense lawyer is to ensure that the defendant’s rights are protected and that the system works fairly for them. Most importantly, the defendant’s attorney must claim the best possible legal defense to the specific crime charged.
Examples of other tasks that a Texas criminal defense lawyer should handle are as follows:
- Raising Legal Defenses: One of the main roles of a criminal defense lawyer is to raise all of the legal defenses supported by the facts on behalf of the defendant. For example, the attorney may claim the alibi defense;
- Legal Representation: The main role of a Texas criminal defense lawyer is to ensure that a person accused of a crime has representation throughout the entire case.
- A defense lawyer is physically present with their client throughout the pretrial, trial, and sentencing phases of the defendant’s case;
- A defense lawyer will also be able to negotiate a plea bargain for the defendant;
- If a plea bargain is not reached, and the defendant is convicted of a crime after a trial, the defense attorney must prepare to make the case for the best possible sentence for the crime of which their client is convicted.
Do I Need a Texas Criminal Defense Lawyer?
If you have been charged with a crime, you definitely want to consult a local criminal attorney in Texas. Your attorney can explain your rights to you and review your case to determine if you have any defenses. Your attorney can negotiate a plea agreement or represent you at hearings and at trial if going to trial is the best course of action for you.
