What Happens After You’re Arrested? A Guide to the Criminal Justice Process in Texas

Criminal defendants are protected by the Constitution and other laws. The strict regulations surrounding the criminal justice system, from arrest to appeal, helped to shape a somewhat predictable process. However, this process is new and potentially overwhelming for those who have not had run-ins with the criminal justice system in the past. Here is an essential breakdown of the phases of a criminal case so that you can know what to expect and how to protect yourself along the way.

Arrest

Police or other law enforcement agencies investigate crimes and make arrests when they have probable cause. Upon arrest, law enforcement is required to read you your Miranda rights, informing you of your right to remain silent and your right to an attorney. You should take those rights seriously and stay quiet until you have legal counsel at your side.

Booking

After an arrest, suspects are taken into custody, where they may be booked and charged with a crime. The district attorney or prosecutor will then review the case to determine whether to file formal charges. During this time, the individual is typically taken to and held in a local jail or detention center. The booking process involves the police taking personal information, photographs, and fingerprints. At this point, officers will record the arresting charges formally.

Initial appearance

The law requires that a magistrate judge hold a hearing within 48 hours of an arrest. During this hearing, the magistrate informs the accused of the charges, their rights, and the bail amount (if applicable). Since this initial hearing sets the stage for potential release on bail, it is extremely important to anyone facing charges.

Bail

If a person is eligible for bail, they can be released from custody while their case is pending. However, not everyone will be eligible for bail. People facing capital offenses and those the court deems a flight risk will not qualify. If a judge does set bail, it is up to the accused to pay it (either personally or through a bail bondsman). If they pay, the court will release that person from custody. However, they must appear for further court proceedings. If the court denies bail or the accused cannot post bail, they will remain in custody until the next legal step, which might be a trial or plea.

Arraignment

At the arraignment hearing, the judge informs the accused of their rights and reads the formal charges against them. At this point, the court will ask for a plea (guilty, not guilty, or no contest). Depending on the case, this can happen within a few days or weeks after arrest. If the plea is “not guilty,” the court will set a trial date. Defendants are entitled to legal representation throughout the trial.

Pre-trial

This phase involves various legal procedures that aim to prepare both the prosecution and defense for trial. Pretrial may also lead to case resolution without going to trial at all. Before trial, the court hears various motions, such as the suppression of evidence or requests for a different venue. The prosecution and defense must share evidence that they will use during the trial through a process known as discovery. If there are concerns about the defendant’s mental health or ability to understand the proceedings, the court may hold a competency hearing. During that hearing, the court will determine if the defendant is mentally fit to stand trial.

Plea negotiations

Plea bargains are an important part of the pre-trial phase. During these negotiations, the defense and prosecution may discuss possible plea deals, which require the defendant to plead guilty. Typically, defendants plead guilty to a reduced charge that comes with a lighter sentence or other favorable conditions. If the parties reach an agreement, the case will end without trial. Most criminal cases in Texas are resolved through plea agreements.

Pre-trial conference

The court may hold one or more pre-trial conferences, where the judge meets with both parties to discuss the case’s status and attempt to resolve any outstanding issues before trial. This helps the court manage the flow of cases and ensures that the trial proceeds smoothly. The court may also set dates for final motions, witness lists, and the actual trial date during this conference.

Trial

A Texas criminal trial follows a structured process. During this process, both the prosecution and defense present their cases before a judge and jury (or just a judge in a bench trial) to determine whether the defendant is guilty or not guilty of the charges filed against them. The prosecution must prove the defendant’s guilt “beyond a reasonable doubt.” After both sides present their evidence, the jury or judge delivers a guilty or not guilty verdict.

Sentencing

After a court finds a defendant guilty, the sentencing phase will begin. Texas has specific sentencing guidelines depending on the offense (misdemeanor or felony). Penalties may include fines, probation, community service, or imprisonment. Texas does still have the death penalty in capital murder cases. If prosecutors pursue the death penalty, this will require a separate sentencing phase.

Corrections

Misdemeanor offenders often serve time in county jails, while felons may be sentenced to state prisons. Texas has rehabilitation programs that are aimed at reducing recidivism. Recidivism is the tendency of people to end up back in the criminal system after they are released. Some of those programs include education, substance abuse treatment, and reentry services. The state also has a parole system for early release from prison, which is subject to review by the Texas Board of Pardons and Paroles.

Appeals

After a conviction, the defendant has the right to appeal the decision or sentence to a higher court, claiming legal errors or other issues that impacted the fairness of the trial. Texas has a parole system for early release from prison, subject to review by the Texas Board of Pardons and Paroles.

The Texas criminal justice system emphasizes public safety, accountability, and strict enforcement of laws, particularly for serious offenses. It also has a strong prosecutorial system and high incarceration rates, including the death penalty for certain crimes.

At Mary Beth Harrell Law Firm, we fight for our clients’ futures. If you need competent, aggressive counsel after a criminal accusation in Texas, we’ve got you covered. We are conveniently located in Killeen and Copperas Cove and handle in-custody visits for clients who cannot come to us. Call us or fill out our contact form to set up your initial case evaluation today.