Most criminal cases in Texas are resolved before ever reaching trial, but the courtroom becomes unavoidable for some. Facing a criminal trial can feel overwhelming, but knowing the process can help ease your anxiety. With the help of an experienced criminal defense lawyer in Texas, you can confidently navigate each stage, from pre-trial motions to the final verdict.
So why does understanding the trial process matter? Even though many cases end with a plea bargain, trials do happen. Knowing what to expect can prepare you for what lies ahead, and a skilled Texas criminal defense lawyer will work to ensure that your rights are protected throughout. Let us walk you through each step of a criminal trial in Texas so you can feel informed and ready if your case goes to court.
1. Pre-Trial Motions
Before a trial officially begins, your Texas criminal defense lawyer and the prosecution may file pre-trial motions to shape how the case proceeds. For instance, your lawyer may file a motion to suppress evidence gathered in violation of the Fourth Amendment, which protects against unreasonable searches and seizures. Other pre-trial motions might include motions to dismiss the charges or to exclude unreliable testimony. The outcome of these motions can have a significant impact on the trial, and in some cases, they may even result in the charges being dropped altogether.
2. Plea Bargaining
Many criminal cases in Texas are resolved through plea bargains rather than going to trial. In a plea bargain, you agree to plead guilty in exchange for a reduced sentence or lesser charges. This option can help avoid the risks and unpredictability of a trial. However, it is critical that your defense lawyer negotiates the best possible deal. An experienced Texas criminal defense attorney will ensure that your rights are protected and that any plea bargain is in your best interest.
3. Jury Selection (Voir Dire)
In Texas, you have the option to choose between a jury trial, where a group of 12 jurors will decide the outcome, or a bench trial, where the judge alone will determine the verdict. Most defendants opt for a jury trial, which allows for the possibility that everyday people might view the case more sympathetically than a judge. The jury’s job is to determine whether the prosecution has proven your guilt beyond a reasonable doubt, the highest standard in criminal law.
As such, jury selection is often one of the first steps of the trial process. During “voir dire,” both the prosecution and your defense lawyer have the opportunity to question potential jurors. The goal is to identify any biases or preconceived notions that could affect the juror’s impartiality. For example, your defense attorney may dismiss a potential juror if they express a strong bias against the type of crime you are charged with. Both sides are allowed a certain number of challenges, which they can use to exclude jurors they believe will not be fair.
4. Opening Statements
Once the jury is selected, the trial begins with opening statements from both the prosecution and defense. These statements serve as a roadmap for the case. The prosecution will outline how they plan to prove your guilt, while your defense attorney will focus on raising doubts about the prosecution’s evidence. Although the opening statements are not considered evidence, they set the tone for the rest of the trial.
For your defense attorney, this is an opportunity to begin casting doubt on the prosecution’s case. An experienced criminal defense lawyer will use the opening statement to suggest that the evidence is not as clear as the prosecution might claim. By planting seeds of doubt early on, your criminal defense lawyer aims to sway the jury’s perception of the case from the start.
5. Presentation of Evidence
The prosecution goes first, presenting witnesses and evidence to prove your guilt beyond a reasonable doubt. This may include physical evidence like DNA, weapons, surveillance footage, and witness testimony. Expert witnesses, such as forensic scientists, may also be called to provide testimony. The prosecution’s goal is to leave no reasonable doubt in the jury’s minds about your guilt.
Once the prosecution rests, your criminal defense lawyer gets their turn to present evidence. Your defense lawyer does not have to prove you are innocent; they only need to create enough doubt about the prosecution’s case. This might involve calling alibi witnesses or experts who can refute the prosecution’s claims. Your criminal defense lawyer will also cross-examine the prosecution’s witnesses to challenge their credibility and highlight inconsistencies in their statements.
6. Cross-Examination and Objections
Cross-examination is a critical component of a criminal trial. During cross-examination, your Texas criminal defense lawyer will question the prosecution’s witnesses to challenge their credibility. For example, if a witness claims they saw you commit the crime from a distance, your defense lawyer might ask how clearly they could see and whether their memory is reliable. By exposing weaknesses in the testimony, your criminal defense lawyer aims to cast doubt on the prosecution’s evidence.
Throughout the trial, both sides may object to certain questions or pieces of evidence. For instance, your attorney might object if they believe the opposing side is asking irrelevant or improper questions. Under Texas Rules of Evidence, objections can be made based on relevance (Rule 401) or hearsay (Rule 802). The judge will either sustain or overrule the objection, and this decision can affect what evidence the jury is allowed to consider.
7. Closing Arguments
After all the evidence has been presented, both sides will make their closing arguments. This is the final opportunity to persuade the jury. The prosecution will recap the evidence and explain why it proves your guilt. Meanwhile, your criminal defense lawyer will highlight weaknesses in the prosecution’s case and emphasize the burden of proof. The goal is to remind the jury that they must acquit if there is any reasonable doubt.
A strong closing argument from your criminal defense lawyer can be the key to securing an acquittal. A skilled criminal defense lawyer in Texas will stress the high standard of “beyond a reasonable doubt” and point out any inconsistencies or gaps in the prosecution’s evidence. Your lawyer’s job is to make the jury question whether the prosecution has truly met its burden of proof.
8. Jury Deliberation and Verdict
Once the closing arguments are finished, the judge will instruct the jury and send them to deliberate. The jury will then review the evidence and discuss whether the prosecution has proven its case. In Texas, the jury must reach a unanimous verdict. If they cannot agree, the judge may declare a mistrial.
The jury can return one of three verdicts: guilty, not guilty, or hung jury. If the jury finds you guilty, the case moves to the sentencing phase. If you are found not guilty, you are acquitted and free to go. In the case of a hung jury, where the jurors cannot agree, the judge may declare a mistrial, which could lead to a retrial or dismissal of the charges.
9. Sentencing and Appeals
If you are convicted, the judge will determine your sentence based on Texas state guidelines, the seriousness of the offense, and any mitigating factors. For certain crimes, mandatory minimum sentences apply, meaning the judge has limited discretion in the sentencing process. In other cases, the judge may have more flexibility to impose probation or reduced penalties.
If you are found guilty, you can appeal the conviction. Appeals focus on whether legal errors were made during the trial, such as improper admission of evidence or incorrect jury instructions. A successful appeal could result in a new trial or even a reversal of the conviction. Having a knowledgeable Texas criminal defense lawyer during the appeal process is essential to ensuring that any mistakes from the trial are adequately addressed.
Knowing what to expect if your criminal case goes to trial in Texas can help you prepare adequately for what lies ahead. The experienced legal team at Stephen T. Bowling, DWI & Criminal Defense Attorneys is here to guide you every step of the way. Whether negotiating a plea deal, preparing your case for trial, defending you in court, or appealing a guilty verdict, we will work tirelessly to protect your rights and secure the best possible outcome. We’d welcome the opportunity to learn more about your situation, and all consultations are free – we look forward to speaking with you soon.
