For someone facing criminal charges for the first time, the court process can feel like a foreign language spoken in an unfamiliar building. Hearings happen at strange times. Lawyers reference rules and motions that do not appear on any public schedule. Cases get reset over and over for reasons that seem arbitrary. Understanding the path from arrest to verdict gives you something solid to stand on while you make decisions about your defense.
This article walks through the stages of a Texas criminal case in the order they typically happen. The specifics vary somewhat between misdemeanor and felony cases and between counties, but the framework holds.
Table of Contents
Arrest and Initial Detention
A criminal case begins with either an arrest or the filing of a complaint. Most cases I handle start with an arrest. The officer takes the person to a county jail or municipal facility for booking, which includes fingerprinting, photographing, and basic intake. From here, the clock starts ticking on several constitutional and statutory timelines.
Magistration and Initial Appearance
Texas Code of Criminal Procedure Article 15.17 requires that an arrested person be taken before a magistrate without unnecessary delay, generally within 48 hours. The magistrate explains the charges, advises the defendant of constitutional rights including the right to remain silent and the right to counsel, and sets bail in most situations. In Williamson County, this hearing often happens by video link from the jail.
This is not the time to argue the case. The magistrate is not deciding guilt. The point of the appearance is to inform you of your rights, advise you of the charge, and address pretrial release. An attorney brought in before or shortly after magistration can sometimes argue successfully for a lower bond or a personal recognizance release.
Filing of Charges
How charges get filed depends on the offense level. Misdemeanors in Texas are filed by information, a document signed by the prosecutor and supported by a sworn complaint. Felonies must be indicted by a grand jury under Article I, Section 10 of the Texas Constitution, unless the defendant waives indictment. The grand jury is made up of citizens who review the evidence presented by the district attorney and decide whether probable cause exists. They return either a true bill, which becomes the indictment, or a no bill, which ends the case at that stage.
The prosecutor has discretion to decline filing entirely, to file a lesser charge, or to add charges based on the investigation. This is one of the places where defense work before formal charges can change the course of a case.
Arraignment and Plea
Arraignment is the formal court reading of the charges. The defendant enters a plea, typically not guilty at this stage. Defendants almost never plead guilty at arraignment because there has been no time to review the evidence. A not guilty plea preserves all rights and triggers the discovery phase.
Discovery and Investigation
Discovery is the formal exchange of information between the prosecution and the defense. Texas adopted the Michael Morton Act, codified at Article 39.14 of the Code of Criminal Procedure, in 2014. It significantly expanded what prosecutors must disclose: police reports, witness statements, expert reports, photographs, video, audio recordings, lab results, and other evidence in the State's possession or that of any of its agents.
The defense team independently investigates: interviewing witnesses, hiring experts, examining the physical evidence, reviewing surveillance footage, checking the officer's body camera, and looking for problems with the State's case. The investigation often produces evidence the police never sought because it would have undermined the working theory of the case.
Pretrial Motions
Pretrial motions are written requests asking the court to rule on legal issues before trial. Common motions include:
- Motion to suppress evidence based on unconstitutional searches, seizures, or interrogations.
- Motion to suppress identification, where eyewitness procedures were unduly suggestive.
- Motion for change of venue, where pretrial publicity makes a fair trial impossible.
- Motion in limine, asking the court to forbid the prosecution from mentioning particular evidence in front of the jury without first approaching the bench.
- Motion for discovery beyond the standard Michael Morton material, such as personnel files of testifying officers.
- Motion to quash the indictment for defects in the charging document.
A successful suppression motion can dismantle the State's case before trial. Even when motions are denied, they create a record that may support an appeal.
Plea Negotiations
Most criminal cases in Texas resolve through plea negotiations rather than trial. Estimates published by the U.S. Courts and Texas judicial sources consistently put the trial rate in single digits.
A negotiated plea can include a reduction in the charge, a particular sentencing recommendation, dismissal of other counts, deferred adjudication rather than a conviction, eligibility for a treatment program, or other terms. Whether a plea offer is acceptable depends on the strength of the State's case, the defendant's criminal history, the priorities of the defendant, and the realistic outcomes if the case goes to trial.
A good defense attorney does not push clients toward pleas. The attorney lays out the choices, the realistic likelihoods, and the long term consequences, and then lets the client decide.
Trial
If the case goes to trial, the process unfolds in a series of stages. Jury selection, called voir dire in Texas, allows both sides to question prospective jurors and strike those they believe cannot be fair. The State opens, presents its evidence, and rests. The defense may move for a directed verdict if the evidence is insufficient. If the case proceeds, the defense presents evidence, although the defense never has the burden of proof. Closing arguments follow. The jury is instructed on the law and retires to deliberate.
In Texas, the defendant in a misdemeanor or felony case has the right to a jury trial. In felony cases, the verdict must be unanimous. The jury must find the defendant guilty beyond a reasonable doubt on each element of the charged offense.
Sentencing
If the verdict is guilty or if the defendant pleads guilty, the case proceeds to sentencing. Texas allows the defendant to elect whether the judge or the jury decides punishment for a charge. The sentencing phase can involve testimony, victim impact statements, mitigation evidence, and argument from both sides about an appropriate sentence within the statutory range.
The sentence may include incarceration, probation, deferred adjudication, fines, community service, restitution, counseling or treatment, and conditions of supervision. Depending on the charge, certain sentencing options may be off the table.
Appeal
A defendant convicted at trial has the right to appeal to the appropriate Texas Court of Appeals. The appeal is not a retrial. It is a review of the legal record for errors that may have affected the outcome. Common appellate issues include erroneous rulings on motions to suppress, improper jury instructions, insufficient evidence, and prosecutorial misconduct. A separate article on this site covers the appeals process in more depth.
If you have questions about where your case stands in this process, or you have been charged and need to begin building a defense, please contact our office. The earlier we engage, the more we can do.
Facing Criminal Charges in Texas?
Every case is different. A confidential review of your situation can identify defense options you may not realize you have. Contact The Brunner Law Firm to begin.
Request a ConsultationFrequently Asked Questions
Misdemeanor cases often resolve in three to nine months. Felony cases can take a year or longer, particularly when complex evidence such as DNA or digital forensics is involved. Cases that go to trial typically take longer than negotiated resolutions.
No. The Fifth Amendment protects you from being compelled to testify. The decision whether to testify is yours, after careful consultation with your attorney. Many defendants do not testify, and the jury is instructed not to hold that against them.
Yes. Cases get dismissed for many reasons: insufficient evidence, successful motions to suppress, completion of pretrial diversion programs, or prosecutorial discretion. A dismissal before trial avoids the risk of conviction and may make later expunction possible.
Probation, called community supervision in Texas, follows a conviction. Deferred adjudication does not result in a conviction if the defendant completes the supervision successfully. Both involve court ordered conditions, but only deferred adjudication offers later eligibility for nondisclosure of the record.
Yes, though there are practical limits. Substituting counsel close to trial can be denied if it would unduly delay the case. Most clients who change attorneys do so well before trial, after discovering that their initial counsel is not the right fit for the case.
About Mark Brunner
Mark Brunner represents individuals facing criminal charges throughout Round Rock, Williamson County, and Central Texas. The firm's practice covers DWI defense, drug crimes, theft, fraud, appeals, and the full range of state and federal criminal matters.