Cofer Luster Criminal Defense Lawyers | January 27, 2025 | Criminal Defense

The Steps of a Criminal Case

The Texas criminal justice system processes individuals charged with crimes under the state penal code. Most individuals arrested for the first time are unfamiliar with the criminal process in Texas. Whether this is your first arrest or you have a criminal record, hiring an experienced Fort Worth criminal defense lawyer can ensure you are adequately prepared to fight criminal charges.

What Are the Steps in a Criminal Case in Fort Worth, TX?

There are several steps in the criminal process. While each case is unique, each criminal case goes through specific steps before reaching trial. The steps of a criminal trial in Texas include:

Arrest

After an arrest, it is essential to remain silent until you speak with a criminal attorney. Always have an attorney present before answering questions or providing a statement. You will be processed and held in jail pending the initial appearance before a judge.

Initial Appearance

Generally, you appear before a judge within 48 hours after an arrest. The judge will explain the charges against you and advise you of your legal rights. Your legal rights include:

  • The right to retain counsel or have an attorney appointed if you cannot afford an attorney
  • Any statements you make to the police or the court could be used against you
  • The right to remain silent and terminate any interviews at any time
  • The right to have an attorney present during all interviews with law enforcement

The judge should give you time to consult an attorney if you have not had the opportunity to do so. The court should also set a reasonable bond if allowed by law.

Arraignment

At the arraignment, the court reads the charges in open court. You will be asked to enter a plea. Criminal defendants can plead not guilty, guilty, or no contest.

If you plead guilty or no contest, the judge may enter a sentence then. In many cases, the court sets a date for a sentencing hearing. Pleading not guilty places your case on the criminal trial docket.

Preliminary Hearing (Felony Cases)

The purpose of a preliminary hearing is to determine if the prosecution has sufficient evidence to proceed with a criminal case. The prosecutor will present evidence demonstrating probable cause to support the charges against you. The burden of proof for a probable cause hearing is lower than a criminal trial.

If the court finds probable cause, your case moves to the next phase. However, that does not mean you will be found guilty at trial. It only means the judge found sufficient evidence for probable cause.

Discovery

The prosecution must provide the defense with the evidence it intends to present at trial. A criminal defense lawyer analyzes the evidence and conducts an individual investigation to gather evidence supporting a defense.

Plea Negotiations

Your criminal defense attorney will discuss the pros and cons of a plea deal. Depending on the factors involved in your case, it might be in your best interest to negotiate a plea agreement. A plea bargain could include reducing the charges and sentence for a guilty plea.

Pre-Trial Motions and Trial

Your attorney may file one or more pre-trial motions, including but not limited to:

  • Motion to Dismiss for lack of evidence
  • Motion to Suppress Evidence
  • Motion to Include or Exclude Witness Testimony
  • Motion to Include Expert Witness Testimony

The motions determine questions of law. They do not determine your guilt or innocence. If you do not agree to a plea deal and the judge does not dismiss your case, the matter will proceed to trial.

You are entitled to a jury trial, but you can waive this right and have your case heard and decided by a judge.

The steps of a criminal trial include:

  • Jury Selection: The jurors for your trial are randomly selected from a jury pool. Both sides can eliminate a specific number of jurors they believe would be unfavorable to their case.
  • Opening Statements: The defense and prosecution can make an opening statement. They explain how they intend to prove their case.
  • Prosecution’s Arguments: The prosecution presents its case first. The prosecutor calls witnesses and presents evidence it contends proves the defendant’s guilt.
  • Defense: The defense calls witnesses and presents evidence to refute the prosecutor’s claims. The defense attempts to create reasonable doubt.
  • Jury Instructions: The judge explains the law and provides instructions for the jury for deliberation.
  • Deliberation and Verdict: The jurors discuss the case in private. All jurors must agree to find the defendant guilty.

If the jury returns a guilty verdict, the judge issues a sentence to punish the defendant for their crime. The defendant may appeal the verdict; appeals focus on issues like errors in jury instructions, the admission or exclusion of evidence, and prosecutorial misconduct.

For more information, please contact the criminal defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102