The Court Process, What
Happens Next?

Court and Representation

After an arrest the case is assigned to a certain court. In most Texas counties, misdemeanor cases are assigned to county courts and felony cases are assigned to state district courts. A minor offense that is punishable by a fine only is usually handled in a Justice of the Peace court or a city municipal court. All persons have a right to be represented by an attorney in all criminal charges, even if it is a fine only offense. Although there is no right to a court appointed lawyer in a fine only case. Once a person appears in court with representation, there is a series of court appearances. In these appearances the attorney for the accused reviews the police reports and evidence, discusses the case with the prosecutors, and gathers information to help decide how to advise the client of the best course of action. Between court appearances, the defense lawyer investigates any evidence involved in the case, talks to witnesses if necessary, and researches any legal issues involved in the case. Simple cases can sometimes be resolved in one or two court appearances. More complicated cases can take over a year and dozens of appearances in court to resolve.

Plea Bargains

Most cases are eventually resolved with some kind of agreement with the prosecution. Sometimes prosecutors agree to simply dismiss a case after the defense attorney points out legal or factual issues with the case. Most cases involve the prosecutor and the accused reaching a plea bargain agreement. A plea bargain occurs when an accused agrees to plead guilty or no contest to the court in exchange for an agreed sentence with the prosecutor. This agreement usually involves an offer of a sentence less than what would likely be handed down by a jury if a trial were held. In some cases, the prosecutor will reduce the charge to a less serious offense as part of the deal. Over 95% of all criminal charges are resolved with some agreement and no formal trial.

Trials

Sometimes cases cannot be resolved with any agreement. This usually happens when either the accused is innocent, or the prosecutor refuses to offer a bargain that the accused is willing to accept. When this happens, the accused exercises their right to a trial. A trial is a formal adversarial hearing where witnesses are called and evidence is presented in court under formal rules. At trial, an accused is supposed to be presumed innocent until the prosecution presents enough evidence to convince the jury beyond a reasonable doubt that the accused is guilty. Trials can last from one day in simple misdemeanor cases, to months in complicated felony cases.

Contact Jim Medley about your Houston DWI today!