What Do You Do If You Are On Trial For a Crime in Texas?

When an individual is charged with a crime in Texas, the offender is expected to appear in state court and has the right to an attorney. The state may then use an attorney to prove that the offender, also known as the defendant, committed the crime or crimes "beyond a reasonable doubt." It is not the defendant's job to prove innocence, but the state's job to prove guilt. In a criminal court case, a jury is present for the entirety of the process and decides whether the defendant is guilty.

What Percentage of Criminal Cases Go To Trial in Texas?

According to the 2019 Texas Judiciary Annual Statistical Report, there were 392,788 misdemeanor filings, marking a 3% decrease from the previous year, and 225,497 felony filings, a 4% increase from the prior year. Overall, the number of cases filed did not change in 2019 compared to the previous year. In criminal case filings, however, there was a 2% increase. There was also a 3% increase in dispositions. Appeals declined 10% from the previous year, and 93% were granted. While around 50% of criminal cases are set to go to trial, only approximately 20% end up at trial.

Public Texas criminal records are also accessible through third-party websites. These sites generally offer the convenience of a statewide database where individuals may perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state where the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed. 

When Does a Criminal Defendant Have the Right to a Trial?

According to Texas judicial law, all criminal defendants have a right to a trial. The United States Sixth Amendment also gives defendants the right to trial, stating that all defendants have the right to due process using a public trial by jury. A jury trial takes place after the punishment phase, when a judge or jury decides the defendant's sentence if the defendant is found guilty in the following stages of the prosecution process.

What are the Stages of a Criminal Trial in Texas?

Generally, a Texas criminal trial consists of six stages. Specific counties in the state may have different names for each stage, but the stages are typically similar statewide. These stages provide defendants with rights and consistency.

Arrest and booking

An arrest occurs when a police officer has reasonable cause to suspect that a party is guilty of a crime. When an arrest occurs, the party is reminded of his or her Miranda rights: the right to remain silent and the right to an attorney. After the arrest and reading of Miranda rights, the next stage is booking, where a court date and bail amount are set.

First court appearance and arraignment

At this point, the party that has been arrested will be referred to as the defendant, and the state as the prosecution. The arraignment is the first court appearance and gives the defendant an option to plead "guilty" or "not guilty" to the crime being charged. It is recommended to hire an attorney to advise the defendant on whether to plead guilty or not guilty.

Plea bargains

Defense attorneys and prosecutors may arrange a plea bargain, where the defendant will plead "guilty" or "no contest" to the charges in return for a possibly lighter sentence compared to being found guilty at trial.

Preliminary hearing

Preliminary hearings occur prior to the trial to determine whether the evidence against the defendant is strong enough to stand trial. This may allow defense attorneys to counter any evidence or ideas the prosecution presents. At the end of the preliminary hearing, a judge ultimately decides whether the evidence in the case is strong enough to stand trial.

Trial by judge or jury

According to Texas Judicial law, a trial may start no more than 180 days from the arrest date. The defendant has the right to decide whether the conclusion at the end of the trial will be reached by a jury of 12 people or solely by the judge.

Sentencing

Sentencing will take place after the trial is concluded and the defendant is found guilty. The judge decides on sentencing. Here, a judge will consider every element of the case. Elements include the standard sentencing time for the crime, the defendant's demeanor, the defendant's criminal history, and any other relevant details.

How Long Does it Take For a Case to Go to Trial in Texas?

As the previous section states, Texas Judicial law dictates that defendants should wait no longer than 180 days from the arrest date to appear in court for criminal charges. If the charges are not felonies but misdemeanors, the trial date may be scheduled sooner, and the trial may be shorter.

What Happens When a Court Case Goes to Trial in Texas?

In Texas, the trial is where the prosecution makes claims before a judge or jury, and the defense can make counterclaims. At the end of a jury trial, the jurors may come to a unanimous conclusion of guilty or not guilty. Essentially, there are two phases of a Texas trial: the guilt/innocence phase and the punishment phase. The guilt/innocence phase is the part of the trial where prosecutors build a case in front of the jury and provide evidence that should prove beyond a reasonable doubt that the defendant committed the crime. The punishment phase only occurs if the defendant is found guilty. The judge ultimately decides the sentencing for each defendant.

Can you be Put on Trial Twice for the Same Crime in Texas?

No, individuals in Texas cannot be put on trial twice for the same crime as Texas Judicial law and the Fifth Amendment. Texas Judicial law follows the United States Fifth Amendment, which states that no one shall "be subject for the same offense to be twice put in jeopardy of life or limb." This clause is also known as the double jeopardy clause. It makes it a violation of one's constitutional rights to be prosecuted for the same crime twice after acquittal or conviction or to be punished multiple times for the same offense.

How Do I Lookup a Criminal Court Case in Texas?

Criminal records are generated and disseminated by law enforcement agencies in each jurisdiction. To view an ongoing criminal court case record in Texas, it is necessary to contact the courthouse where the trial is taking place and determine what options are available. To view criminal court case records for a case that has been concluded, visit the state's Crime Records Service, a statewide database operated by the Texas Department of Public Safety. It is also possible to find this information through third-party websites such as CourtRecords.us, although it may vary from state-sponsored searches.

How to Access Electronic Court Records in Texas

Unless the records have been sealed or marked confidential, anyone may use the Texas Crime Records Service, as stated in the previous section. This allows access to all public criminal records in the state.

How Do I Remove Public Court Records in Texas?

Removing or sealing a public court record from public records is a process that is started by seeking a nondisclosure order, which will prevent law enforcement and courts from divulging information regarding the order. However, an order of nondisclosure may not work for every type of case. To be eligible for sealing, parties should be placed on deferred adjudication, meaning they have not been convicted of the offense. Parties do not qualify to have their records sealed if the original charges consisted of murder; aggravated kidnapping; injury to a child, a disabled person, or an elderly person; abandoning or endangering a child; stalking; violation of court order in a case involving family violence, sexual assault or abuse, stalking, or trafficking; any offense that necessitates sex offender registration; or any offense regarding family or domestic violence.

To file for the sealing of a record, one may wait a certain amount of time after discharge or dismissal. For felony criminal charges, the wait time is 5 years, and for misdemeanor criminal charges, it is 2 years.