Jail

Being arrested can be a scary and confusing time in your life. You need an experienced attorney who can answer your questions, represent you in court, and speak on your behalf. You need an attorney that can ensure your rights are not violated. You need an attorney that can get you the best results.

 

When you are accused a of a crime you have important Constitutional protections that should be fully used to obtain the best results.  Among these rights are the right to an attorney, the right to remain silent, the right to confront your accuser, the right to call witnesses on your behalf, and the right to a jury trial.

 

Crimes in Texas are categorized as felonies or misdemeanors. Both classifications of crimes can have severe, life altering consequences, including, but not limited to, prison or jail time, fines, a lifetime criminal record that effects employment or ability to rent a residence, loss of voting rights, or the loss of right to own, purchase, possess, sell, or transfer firearms or ammunition.

In Texas, misdemeanor charges are broken into three classes: A, B, and C, classes according to the severity of the offense. The most serious misdemeanor is a Class A misdemeanor. The penalties of each class of offenses could include:

  • Class A Misdemeanor: The most serious type of misdemeanor carries with it a statutory maximum penalty of a $4,000 fine and up to one year in jail or both, according to Texas Penal Code Annotated § 12.21. Class A misdemeanors are prosecuted in the constitutional county court or county court at law.
  • Class B Misdemeanor: This type of offense is in between the highest and lowest level of misdemeanor offenses. The Class B Misdemeanor is punishable by up to a $2,000 fine and up to 180 days in the county jail or both under the Texas Penal Code Annotated § 12.22. Class B misdemeanors are prosecuted in the constitutional county court or county court at law.
  • Class C Misdemeanor: This is the lowest level offense which is punishable by only a fine of up to $500. The court is not allowed to sentence a person to jail for a Class C Misdemeanor, according to Texas Penal Code Annotated § 12.23. Class C misdemeanors are prosecuted in the Justice of the Peace Court.

In Texas, felony charges are broken into five classes: State Jail Felony, Third-degree Felony, Second-degree Felony, First-degree Felony, and Capital. The penalties of each class of offenses could include:

  • State Jail Felony - State jail felonies are punishable by 180 days to 2 years in prison with a fine of up to $10,000;
  • Third-degree Felony - Third-degree felonies are punishable by 2-10 years with a fine of up to $10,000;
  • Second-degree Felony - Second-degree felonies are punishable by 2-20 years with a fine of up to $10,000;
  • First degree Felony - First-degree felonies are punishable by 5-99 years in prison or life in prison with a fine of up to $10,000;

    ▸ Under Tex. Penal Code §12.32, if a person is found guilty of a first-degree felony, the court can impose imprisonment:
    •for life; or
    • not more than 99 years; or
    • not less than five years (with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon).

  • Capital Felony - Capital felonies are punishable by execution. A capital felony is prosecuted in the district court with automatic appeal to Texas Court of Criminal Appeals.

    ▸ Under Tex. Penal Code Ann. §12.31, if a person is found guilty and the state seeks the death penalty then the court can impose imprisonment in prison for life without the possibility of parole, or death.
    ▸ If the person is found guilty of a capital felony and the state does not seek the death penalty then the court can impose imprisonment in prison for life without the possibility of parole, however, a person who was under the age of 18 years old at the time of the offense are no longer eligible for life without parole.

Additionally, with previous convictions, some cases could be enhanced so that the punishment is even more severe.

 

THE CRIMINAL JUSTICE PROCESS

If you are under investigation for a crime in Texas or have recently been arrested, you should be aware of the typical criminal court process, which includes:

  • Your initial court appearance- You will go before a magistrate within 48 hours of being arrested to learn the charge(s) against you, conditions for your release, including whether you are eligible for bail, and if so – the bail amount.
  • Formal charges- If you are being charged with a misdemeanor, the prosecutor can file a complaint. If you are being charged with a felony, the prosecutor must go to a grand jury to seek an indictment.
  • Grand jury- A grand jury is made up of a dozen of your peers and is a private proceeding. During this process, the prosecutor presents evidence that you committed the crime. If the grand jury agrees there is probable cause that you broke the law, they will hand down an indictment. If there is not enough evidence, they will No Bill the case.
  • Arraignment- Once a prosecutor files the charges against you, the next step is your arraignment. During an arraignment, you hear the charges against you and must enter your initial plea.
  • Pre-trial hearings- After charges are filed, there may be months or more than a year of pre-trial hearings and conferences. During this time, your attorney may secure a dismissal of the charges or negotiate a plea deal on your behalf.
  • Trial- if you do not plead guilty or agree to a plea deal and the State does not dismiss the case, then you will go trial. During this process, each side has the opportunity to present evidence. The judge or jury will decide whether the prosecutor met its burden of proving you committed the offense beyond a reasonable doubt.