If you’re facing a criminal charge, your case will follow the same basic process that others do, despite its unique elements. Having a solid understanding of this process can help you better protect your rights, but one of the most important steps you can take in your case is to work closely with an experienced Killeen criminal defense attorney from the start.
The Arraignment
If you have been arrested for a criminal offense, the next step in the process will likely be your arraignment. At this formal hearing, the judge will inform you of the charge brought against you and will inform you of your rights.
At this point, your attorney will request that you be released on your own recognizance, which means being released without bail. If this outcome is not possible, your attorney will make a case for setting your bail low.
Recognizance, Bail, or Remand
The judge presiding over your arraignment will determine your bail amount – if you aren’t released on your own recognizance and are not remanded to jail, which means not getting out on bail. Remand is generally reserved for very serious felonies and for instances when the accused may have additional felony charges pending.
In order to keep your bail as low as possible, your attorney will highlight your strong ties to the community. Having family members and friends present with you in court can help make this point.
Posting Bail
You can post the bail set for you with cash or property that belongs to you – or that belongs to someone who is posting bail on your behalf. If you can’t cover your bail, you can turn to a bail bonding agent – often called a bail bondsman.
Bail bonding agents generally require about 10 to 20 percent of the total bail upfront as their fee. They are also likely to require some form of collateral for the additional 80 to 90 percent of your bail – to ensure they don’t face a loss if you fail to appear in court as required by law.
While the bail bonding agent’s fee is payment and isn’t recoverable on your part, the collateral will be returned to you as long as you don’t flee. When defendants jump bail, they forfeit the full amount they’ve posted.
If you’re unable to post bail, you’ll likely remain in jail until your preliminary hearing or even until trial.
Jumping Bail
It’s important to note that jumping bail – or fleeing and failing to show up for your court date – is a separate criminal charge that is very difficult to defend effectively unless you legitimately couldn’t appear, such as if you were in a coma. Jumping bail comes with a range of negative consequences:
The judge will issue a bench warrant for your arrest.
Whoever paid your bail will forfeit the money or property he or she put down.
You will give the prosecution a leg up against you.
Additionally, your absence can seriously limit your chances of being released on bail if you ever face another criminal charge. The goal is to demonstrate that you are not a flight risk, and if you’ve already shown that you are, your options will be limited.
If you ultimately don’t show up for trial, the case can proceed without you – as long as the judge warned you of this possibility – and this greatly increases the risk that you will be found guilty. Ultimately, the law catches up with those who flee, and they can expect far harsher treatment as a result.
Bench Conference
At your arraignment, the prosecution and your dedicated defense attorney may discuss your case with the judge at a bench conference. During a bench conference, your attorney may obtain valuable information from the state, which can lead to plea bargaining to the charge being dropped entirely.
If the charge against you is a felony, the prosecution may give notice at this time that they intend to present your case to a grand jury.
The Preliminary Hearing
At the preliminary hearing, the state will share evidence that they believe demonstrates why a trial should be set in your case, and your seasoned Killeen criminal defense attorney will have the opportunity to cross-examine any witnesses who testify.
The preliminary hearing gives you and your attorney a clearer view of the case the state has against you, which can serve you well as you proceed through the criminal justice process.
The Grand Jury
Every felony case in the State of Texas must be indicted by a grand jury unless the defendant waives the right. It’s important to note here that the grand jury is driven by the prosecution, and they generally obtain the indictments they seek. The grand jury hears the prosecution’s case and determines if they have enough evidence to proceed.
None of the following protections apply when the prosecution attempts to obtain an indictment from a grand jury:
There is no judge to rule on the admissibility of the evidence that is shared.
There isn’t a criminal defense attorney present to cross-examine the witnesses.
While you have the right to testify and present witnesses – with permission – to the grand jury and your criminal defense attorney can accompany you, your attorney can’t object to the questions asked of you and can’t ask questions. Further, your attorney can’t be present when your witnesses – if you have any – testify.
In some instances, the grand jury is convened before the defendant is arrested, which is referred to as a silent indictment. If this happens to you, you won’t receive notice. In such a case, an indictment generally leads to arrest and confinement until arraignment.
If the grand jury doesn’t return an indictment, it puts an end to the case against you, which can save you a good deal of time, expense, and stress. However, this is not a common outcome.
The Indictment
If the grand jury hands down an indictment in your case, it amounts to a formal accusation that outlines the criminal charges levied against you. An indictment is distinct from a complaint in that an indictment is based on sworn testimony that is heard by the grand jury, while a complaint is an affidavit that’s signed by the person who’s accused you of a crime.
If you’re ultimately found innocent, you have no legal recourse against the grand jury that indicted you in the first place. However, if you can prove that your accuser signed a false complaint against you, you can file a malicious prosecution action against him or her.
Plea Bargaining
Plea bargaining refers to negotiations between the defense and the prosecution in an effort to finalize the case before it goes to trial.
Sometimes, striking a favorable plea bargain is an excellent option, and at other times, proceeding to trial is preferential. Your practiced criminal defense attorney will carefully assess the unique circumstances of your unique case and will help you make the right choices for you throughout.
The most important point to keep in mind when it comes to a plea bargain is that, while it is a sure thing, it also amounts to a guilty plea that will mar your record. However, if you go to trial and are found guilty, the sentence you receive is very likely to be significantly harsher than it would have been if you’d accepted the plea deal offered.
Ultimately, determining whether or not to accept a plea deal comes down to a balancing act that requires the careful legal analysis only a focused Killeen criminal defense attorney can provide.
Pretrial Procedures
The course of every criminal charge must end in one of the following ways:
The presiding judge or the prosecution dismisses the case.
A plea deal is struck, which means it ends with an admission of guilt.
The case goes to trial, where it will be heard by either a jury or by a judge alone.
Criminal cases tend to be lengthy, and there’s often a lot going on in the interim. While you are entitled to a speedy trial, the more serious the charge, the longer it’s likely to take. Delays are often associated with matters like the following:
The court’s crowded docket
Delays in obtaining documentation and evidence from the state or the police
The prosecutor’s tight schedule
The preparation required to build a strong defense
The time required to obtain relevant test results
It’s well established that going to trial quickly is less important than going to trial well prepared – even if you’re in jail awaiting trial. Bringing a solid defense is simply too important to rush.
Preparing for Trial
Preparation for trial typically includes a motion for discovery that requires the state to turn over the documents and information that are relevant to your case and that you’re entitled to.
Your formidable Killeen criminal defense attorney may also file a motion to suppress specific evidence because it was obtained in a manner that violated your rights, such as if the police failed to follow the rules of legal search and seizure in your case. Suppression motions generally lead to hearings of their own.
Under the right circumstances, a dismissal motion may also be a possible option.
When Your Case Is Set for Trial
If your case is set for trial, a pretrial conference will likely be scheduled between the prosecution, your attorney, and the presiding judge. At this stage, each side will attempt to dispose of the case without proceeding to trial, which often translates to the prosecutor offering a plea deal. If a deal is not struck, your case will move forward on the path toward trial.
The Trial
If you’re facing a felony charge, you’re entitled to a jury trial. This right also applies to some misdemeanor charges. You also have the right to waive this right and have a bench trial instead, which means your case would be heard by the judge alone.
Jury Selection
For a jury trial, the first order of business is selecting the jury, which is called voir dire. At voir dire, both the prosecution and your insightful criminal defense attorney will have the opportunity to question potential jurors about their ability to be fair in your case. Jury selection ultimately comes down to a process of elimination rather than selection.
Each side is afforded a specific number of peremptory challenges that don’t require a reason for eliminating a potential juror and an unlimited number of challenges for cause – in which either the prosecution or the defense can show that the potential juror is unable to be fair in the case at hand.
The Proceedings
From here, the trial will proceed in this manner:
The judge will explain the jurors’ duties and warn them against discussing the case outside of court prior to finalization.
The prosecutor will make an opening statement by letting the jury know what he or she intends to prove at trial, which is typically followed by the defense’s opening statement.
The prosecutor will proceed with the presentation of evidence, which is likely to include witnesses the defense can cross-examine. This step is generally followed by the defense’s evidence.
This back-and-forth is followed by the prosecutor’s and then the defense attorney’s closing statements.
At this point, the jury will deliberate and ultimately deliver its verdict of guilty or not guilty – if the jurors are able to reach a unanimous decision.
An Experienced Killeen Criminal Defense Attorney Is on Your Side
Brett Pritchard at the Law Office of Brett H. Pritchard is a knowledgeable criminal defense attorney who dedicates his imposing practice to skillfully guiding challenging cases like yours toward optimal outcomes that support his clients’ rights and brightest futures.
If you’re facing a criminal charge, contact us online or call us at (254) 781-4222 and schedule a FREE consultation to learn more today.