Frequently Asked Questions About Criminal Law in Texas
Being Arrested
What happens if I am arrested?
If you are arrested for breaking a criminal law, the case is taken before a magistrate who may issue a warrant if necessary and set bond for appearance in court. If the defendant cannot post the bond he may be incarcerated pending appearance in court. If bond is posted, he will remain free pending appearance at an arraignment. The arraignment is held before a judge of the courts. During the arraignment the defendant is formally told what offense he is charged with, told their constitutional rights, and of the possible penalties. The defendant will enter a plea of guilty or not guilty, and a date for the next hearing will be scheduled.Can they use force to arrest me?
A police officer may use as much force as is necessary to arrest you. Unreasonable force is assault. After arrest, a police officer may handcuff you if you attempt to escape or the officer considers it necessary to prevent you from escaping. If you claim that force was used to arrest you, a judge will decide whether or not the force used was reasonable in the circumstances.
Hiring a Lawyer
If I am arrested, should I hire an attorney?
You may be entitled to a Court Appointed Attorney at Public expense if you qualify as an indigent person. An indigent person is one who cannot hire an attorney without causing substantial hardship to himself/herself or dependent family. If you have been charged with a crime, you may complete an Affidavit of Indigence and Request for Court Appointed Counsel at your first court appearance. If you qualify, an attorney will be appointed for you. If you are convicted of a crime, the court may require you to repay some or all of the cost of your defense if it determines you are able.
Arraignments
What happens at an arraignment?
You will appear before a judge who will tell you officially of the charges against you at your first arraignment. At the arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on personal recognizance, even if bail was previously set.If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead nolo contendere, meaning that you will not contest the charges. Legally, this is the same as a guilty plea, but it cannot be used against you in a non-criminal case.
Before pleading guilty to some first time offenses, such as drug possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling which can result in dismissal of the charges if you complete the counseling.
If misdemeanor charges are not dropped, a trial will be held later in county court of law. If you are charged with a felony, however, and the charges are not dismissed, the next step is a preliminary hearing.
Not Guilty vs. Guilty
Can I answer not guilty even if I am guilty?
You are innocent until you are proven guilty. Your lawyer may think that the evidence against you is not enough to prove that you are guilty. You may have a better chance if you have a trial. You have a trial only if you plead not guilty.
Plea Bargains
What is a plea bargain?
Settling a criminal case is usually called a plea bargain. It means that the prosecution and the defense come to an agreement to resolve the case. The case can be settled at several points during the process, from before it is charged all the way to trials doorstep.
After a Conviction
What happens after a conviction?
In most cases, after either a plea of guilty or a finding of guilt after trial, the following options may be available:Motion for new trial
This motion must be addressed on a case-by-case basis, but the motion attempts to set aside the conviction.Appeal
Again, the facts of each case must be examined to determine if one can bring an appeal and, if so, whether it would it have merit.Modification of sentence
It is possible in some cases to come back before the sentencing judge and ask for modifications on some of the terms and conditions of probation.Expungement/Order od Nondisclosure
In some cases, after a person has successfully completed the terms and conditions of a deferred adjudication probation, it may be possible to appear before the court and have the arrest sealed with an order of nondisclosure. It is also possible to get your arrest record expunged if your case has been dismissed or if you were found not ugilty at trial.