Courts and the arrest to final disposition process

Texas Criminal Process Outline

Arrest- taking a suspect into official custody. Not all interactions with police, including interrogations, rise to the level of an arrest.

Probable cause required for an arrest

Arrests may be warrantless or with a warrant.

Once under arrest a person has several rights (known collectively as Miranda rights):

The right to remain silent;

The right to have an attorney present during questioning;

The right to an appointed attorney if unable to afford an attorney.

Booking- the process of admitting an arrested person into custody.

Fingerprinting

Basic identifying information gathering.

Photograph (mug shot)

Search of suspect and inventory and storage of personal belongings

Bringing charges: Charges in Texas can be brought in one of two ways, via information or indictment.

A. Information

"An information is a written statement presented in behalf of the state by the prosecutor, charging the defendant with the commission of an offense. An information must be based on a proper complaint and the complaint must be filed with the information" (White, N.p.)

2. Class A or B. misdemeanors

B. Indictment

1. "An indictment is a written statement of a grand jury presented to a court accusing a named person of some act or omission which, by law, is declared to be an offense" (White, N.p.)

2. Felonies require indictments.

3. The prosecutor goes in front of the grand jury and asks them to find whether there is sufficient evidence to require the accused to stand trial.

a. Grand jury proceedings are secret.

b. 9 of the 12 grand jurors must agree to issue an indictment, which is also known as a true bill.

c. If the grand jury does not find sufficient evidence, the case is "no-billed."

d. A no-bill does not impact double jeopardy considerations.

C. If a suspect is not currently in custody, an arrest warrant is issued pursuant to either the indictment or the information.

IV. Arraignment

A. Usually within 72 hours of arrest.

B. The judge notifies the accused of the charges.

C. The accused is no longer required to enter a plea at arraignment.

D. Bail is either set or denied at the arraignment.

1. Bail is meant to guarantee a person's presence in court, not as a punishment for the crime.

2. Three types of bail in Texas:

a. Personal recognizance

b. Cash bonds require the full amount of the bond be paid and the amount is returned after disposition of the case.

c. Surety bonds can be done through bail bondsmen, who charge a fee to post bail and guarantee that the defendant will appear in court.

3. Bail can be denied if the suspect is considered a significant flight risk.

V. Pre-trial hearings are used to determine issues, generally evidentiary issues, prior to trial. Evidence determined to be inadmissible during the pre-trial hearings cannot be introduced as primary evidence at trial.

VI. Pre-trial disposition

A. Dismissal

B. Plea bargaining

1. The defendant agrees to plead guilty or "no contest" to the charges.

2. Defendant waives the right to a jury trial.

3. The prosecutor recommends a punishment to the judge.

4. If the judge rejects the specific punishment, a defendant may withdraw the guilty plea (White, N.p.).

5. Plea bargain agreements often contain provisions eliminating or limiting a defendant's right to appeal.

VII. Trial

A. If a defendant pleads not guilty, then the defendant will go to trial.

B. A defendant can choose a trial by judge, rather than jury, unless the case is a capital offense and the prosecution is seeking the death penalty.

C. Stages of a criminal jury trial

1. The jury is impaneled

2. The information or indictment is read to the jury.