This paper provides a step-by-step outline of the Texas criminal process, tracing the procedural path from arrest through final disposition. It explains the requirements for probable cause, Miranda rights, and the booking process, then distinguishes between the two methods of bringing charges — information and indictment — including the role of the grand jury. The outline also covers arraignment procedures, bail types, pre-trial hearings, plea bargaining, the stages of a criminal jury trial, and the various outcomes at disposition, including verdicts, sentencing options, and confinement. The paper draws on Texas-specific procedural rules and statutes throughout.
An arrest is the act of taking a suspect into official custody. Not all interactions with police — including interrogations — rise to the level of an arrest. Probable cause is required for a lawful arrest. Arrests may be made with or without a warrant.
Once under arrest, a person has several rights, known collectively as Miranda rights:
Booking is the process of admitting an arrested person into custody. It includes the following steps:
Charges in Texas can be brought in one of two ways: via information or indictment.
"An information is a written statement presented on 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.). Information is used for Class A or Class B misdemeanors.
"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.). Felonies require indictments.
The prosecutor appears before the grand jury and asks its members to determine whether there is sufficient evidence to require the accused to stand trial. Grand jury proceedings are secret. Nine of the twelve grand jurors must agree in order to issue an indictment, which is also known as a true bill. If the grand jury does not find sufficient evidence, the case is no-billed. A no-bill does not trigger double jeopardy protections.
If a suspect is not currently in custody, an arrest warrant is issued pursuant to either the indictment or the information.
Arraignment typically occurs within 72 hours of arrest. At the arraignment, the judge notifies the accused of the charges. The accused is no longer required to enter a plea at this stage. Bail is either set or denied at the arraignment.
Bail is intended to guarantee a person's appearance in court — it is not meant as punishment for the crime. There are three types of bail in Texas:
Bail can be denied if the suspect is considered a significant flight risk.
"Evidentiary rulings, dismissals, and plea bargaining"
"Sequential stages of a Texas criminal jury trial"
"Verdicts, sentencing options, and double jeopardy rules"
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