If you’re facing a criminal charge in Texas, the best path forward is fighting the charge to the furthest degree possible.
You are innocent of the crime until proven guilty, and even if you think you’ve been caught red handed, you should know that working closely with an experienced Round Rock criminal defense attorney can make a serious difference in the outcome of your case. You have the right to an attorney, and you are well advised to avail yourself of this right.
Even If You Think the Prosecution Has Enough Evidence to Convict You
You are not entitled to a criminal defense attorney only if the state has a weak case against you, and you’re not required to incriminate yourself. That isn’t how our criminal justice system works.
Instead, you have the right to bring your strongest defense, and the state is required to pursue a conviction – if they believe they can prove that you committed the crime in question at the required level of proof, which is beyond a reasonable doubt and which means that there is no other reasonable explanation.
In other words, you should be focused on your defense – not on what the prosecution has against you. Your seasoned criminal defense attorney will do what it takes to your strongest defense and will engage the prosecution in skilled negotiations – in the event that a plea deal is deemed advantageous.
Your case will be unique to the circumstances involved, but you should begin by retaining an accomplished criminal defense attorney. From here, any of the following are possibilities:
Your attorney may manage to have the charge against you dropped, such as if there is insufficient evidence to prove the case beyond a reasonable doubt or if the evidence against you was obtained illegally.
Your attorney may arrange an advantageous plea deal that reduces the charge and penalties against you in exchange for your guilty plea – a diversion program or probation is a possibility in some cases.
Your case may go to trial if you and your attorney determine that it’s the right legal strategy for your unique situation.
Regardless of how bleak you think your chances are of prevailing against the charge against you or of obtaining a favorable outcome, it is a matter that is best left in the capable hands of your seasoned criminal defense attorney.
How Criminal Cases Are Ultimately Resolved in Texas
If you’ve been charged with a crime in Texas, you likely think that the matter has to be resolved in one of the following three ways:
You’ll strike a plea deal.
You’ll plead no contest, which means that – while you don’t admit guilt – the state has enough evidence to convict you, which is generally part of a plea deal.
You’ll go to trial and will either be found guilty or not guilty.
In reality, however, there are other options, including:
The prosecution may drop the charge against you due to lack of evidence or to an otherwise weak case.
Your attorney can also make an argument to have the case against you dismissed, which is also likely to be based on a lack of evidence against you, on the evidence used against you being illegally obtained, or on an alibi that proves you couldn’t have committed the crime.
The case against you may be dismissed based on a pretrial diversion program, which means the charge goes away once you complete your pretrial diversion requirements. A conditional dismissal is another possibility; its like a pretrial diversion program but a private agreement between you and the prosecution.
The Conditions of Pretrial Diversion
Pretrial diversion can last from 60 days to 18 months, and depending on the circumstances of your case, it can be a great option because the charge against you will be dropped upon successful completion of the program. The conditions of pretrial diversion programs tend to include requirements like the following:
A specific number of community service hours
Charge-specific counseling or educational sessions, such as drug or alcohol counseling
A drug and alcohol testing requirement
Check-ins with a probation officer
Requirements that are specific to the case at hand
How Criminal Charges Happen in Texas
If you’ve been arrested for a crime in the State of Texas, the matter goes to the prosecution, which will need to determine if they’re going to file a case against you. This is typically determined in accordance with the amount of evidence the prosecution believes they have and whether or not they believe the case is strong enough to hold up.
If they do charge you, they’ll file the case, and you’ll be formally charged with the crime in question in one of the following ways:
An information is simply a piece of paper that declares the state’s genuine belief that you are guilty of the crime you’ve been accused of, which is generally predicated on an officer’s sworn affidavit. This document will also include several basic facts about the offense that the state believes are true.
An indictment is a document that is signed by a grand jury and that reports the grand jury’s finding of having probable cause to believe you committed the crime you’ve been charged with. Probable cause is a lower standard of proof than beyond a reasonable doubt, and it means more likely than not.
If the Charge Is a Felony
All felony charges must come through indictments. If you’re charged with a felony, the prosecution will take the evidence they have against you to the grand jury in pursuit of an indictment. It’s the grand jury’s job to either return a true bill, which is an indictment, or a no bill, which means they failed to indict.
Generally, it’s not difficult to obtain an indictment from a grand jury, but there are exceptions. If your attorney can convincingly demonstrate – through what is called a grand jury packet – that you didn’t commit the crime in question, the grand jury will no bill it.
At this point, the case stops cold, and the charge is dropped – although the state retains the right to try again if they’re able to build a stronger case. The record of your grand jury hearing that led to a no bill in your file is eligible for expunction, which means being cleared from your record.
The Difference between a Felony and a Misdemeanor Charge
In Texas, the difference between a misdemeanor and felony charge is the amount of time you could potentially spend behind bars and where you would spend that time. Misdemeanors top out at one year in county jail and at fines of up to $4,000.
If, on the other hand, you’re facing at least a year in prison or in a state jail facility and fines of up to $10,000, the crime is a felony. The various levels of misdemeanors and felonies in Texas break down as follows:
Class C misdemeanors carry fines of up to $500 but no jail time.
Class B misdemeanors carry fines of up to $2,000 and up to 6 months in a county jail.
Class A misdemeanors carry fines of up to $4,000 and up to 12 months in a county jail.
State jail felonies carry fines of up to $10,000 and up to 2 years in a state jail facility.
Third-degree felonies carry fines of up to $10,000 and from 2 to 10 years in a state prison.
Second-degree felonies carry fines of up to $10,000 and from 2 to 20 years in a state prison.
First-degree felonies carry fines of up to $10,000 and from 5 to 99 years in a state prison.
Capital felonies carry life without the possibility of parole in a state prison or the death sentence.
The Next Stage in the Process: Whether to Take a Plea Deal or Not
Many people facing criminal charges in Texas feel pressured to take plea deals. The charge against you is very likely to be reduced in the course of making the deal, and that can seem like a real bargain. Additionally, a sure thing tends to be a lot less anxiety-provoking than taking your chances in court.
The right attorney for you will fight for your case’s best possible resolution and will be truthful with you about what your best options are. While taking a plea deal may be advantageous, it’s not always the best path forward, and you and your savvy criminal defense attorney will need to strategize the right defense approach for you.
Some points to keep in mind as you move forward in the process include the following:
The state tends to aim high when it comes to criminal charges, which affords them more leverage when negotiating plea bargains. The charge against you may be lessened without making a deal at all if the prosecution is padding their evidence or doesn’t have the goods to bring the more serious charge against you.
When you accept a plea deal, you admit guilt, which comes with seriously negative social consequences that you need to consider – even if you think the sentence itself seems like a bargain.
It’s in your best interest to leave the plea bargaining to your attorney. They know the strength of your defense and have the legal skill and insight necessary to engage in effective negotiations. When you speak with the prosecution directly, you’re likely to damage your defense than to effect any kind of positive change.
Working Closely with Your Criminal Defense Attorney
Once you are out on bail or are out on your own recognizance (OR), which requires you to sign a written promise to appear in court, your focused criminal defense attorney may give you some homework to help build your strongest defense and will likely give you some advice to help make your case proceed more smoothly.
The most important point to keep in mind at this juncture, however, is that you should remain on the right side of the law and should carefully mind your p’s and q’s when it comes to your bail or OR conditions. Failure to do so can land you in jail and can seriously damage your defense.
Keep in Mind that Going to Trial Is Going to Require Some Patience
If you and your practiced criminal defense attorney determine that going to court is the right choice for you, you need to know that it’s going to take some time before you get there. The cases that tend to move through the court most quickly are those based on lower-level charges in which the defendants are not out on bail and, therefore, have the legal right to speedy trials.
If you’re out on bail, your case may not be going to court anytime soon, and the wait can stretch out to several months. The more serious the charge, the longer the wait is likely to be – whether you’re out on bail or not.
The lengthy waits for court dates are generally the result of the court’s overcrowded docket. While many defendants make plea deals, many others prefer to take the matter up in court, and the criminal justice system in Texas simply doesn’t have enough courts to hear all the cases that are headed to trial in a timely manner.
Turn to an Experienced Round Rock Criminal Defense Attorney for the Help You Need Today
Brett Pritchard at The Law Office of Brett H. Pritchard is a trusted Round Rock criminal defense attorney who leverages the full force of his imposing experience and legal skill in pursuit of optimal outcomes for every client he represents, and he’s here for you, too.
For more information about what we can do to help, please don’t delay contacting or calling us at 254-781-4222 and scheduling a free consultation today.