Criminal Process in Texas
The criminal process can be complex and confusing. But it's important to know your legal rights. The best way to be informed is to contact a Criminal Attorney in your area as soon as possible. A criminal defense attorney will understand the law as it relates to the crime you've been charged with, and will be able to help you in making informed decisions as your case moves through the process.
ARREST
In order to be arrested, there must be whats called "probable cause." This means that there must be a reasonable belief that a crime was committed and you committed the crime. An arrest warrant is not necessary.
After you're placed under arrest, you are protected by constitutional rights. Two important rights to be aware of are the right to remain silent and the right to have an attorney. After your arrest, you aren't required to say anything else to police or investigators, until you have an attorney present. You must be given the opportunity to contact an attorney.
Miranda Rule
Under the Miranda Rule, if you are in police custody you must be informed of specific constitutional rights before interrogation begins.
Those rights are as follows:
-The right to remain silent
-The right to have an attorney present during questioning
-The right to have an attorney appointed if you are unable to afford one.
*Important to note is that Miranda rights do not have to be read until you are taken into custody. That means that you can be questioned by the police before being taken into custody, and anything you say at that point can be used against upi ;ater om court.
BOOKING
After you are arrested, the police will bring you to the police station for the booking process. You'll be fingerprinted and asked a series of questions, such as your name and date of birth. You will also be searched and photographed. Your personal property such as jewelry will be catalogued and stored.
ARRAIGNMENT
During the arraignment process you will be asked to enter a "plea" to the crime you've been charged with.
-Guilty Plea
-Not guilty plea
-No contest plea
During this process the judge will also:
-set bail
-Refuse to set bail; or
-Release you on your own personal recognizance, which means that the court takes your word that you will appear when necessary for later court obligations
TRIAL
Many prosecutors will consider "plea agreements." although it's not legally required. If you don't reach a plea agreement with the prosecutor, your proceedings will move toward the trial stage.
In Texas, you have the right to a jury trial in all criminal proceedings, regardless of punishment. This right may be waived by:
-Pleading guilty; or
-Choosing a bench trial ( a trial in front of the judge only)
If you request a bench trial, the judge will perform the fact-finding function that is usually performed by the jury.
(Info taken from http://research.lawyers.com/Texas/Criminal-Process-in-Texas.html?p=1)
The criminal process can be complex and confusing. But it's important to know your legal rights. The best way to be informed is to contact a Criminal Attorney in your area as soon as possible. A criminal defense attorney will understand the law as it relates to the crime you've been charged with, and will be able to help you in making informed decisions as your case moves through the process.
ARREST
In order to be arrested, there must be whats called "probable cause." This means that there must be a reasonable belief that a crime was committed and you committed the crime. An arrest warrant is not necessary.
After you're placed under arrest, you are protected by constitutional rights. Two important rights to be aware of are the right to remain silent and the right to have an attorney. After your arrest, you aren't required to say anything else to police or investigators, until you have an attorney present. You must be given the opportunity to contact an attorney.
Miranda Rule
Under the Miranda Rule, if you are in police custody you must be informed of specific constitutional rights before interrogation begins.
Those rights are as follows:
-The right to remain silent
-The right to have an attorney present during questioning
-The right to have an attorney appointed if you are unable to afford one.
*Important to note is that Miranda rights do not have to be read until you are taken into custody. That means that you can be questioned by the police before being taken into custody, and anything you say at that point can be used against upi ;ater om court.
BOOKING
After you are arrested, the police will bring you to the police station for the booking process. You'll be fingerprinted and asked a series of questions, such as your name and date of birth. You will also be searched and photographed. Your personal property such as jewelry will be catalogued and stored.
ARRAIGNMENT
During the arraignment process you will be asked to enter a "plea" to the crime you've been charged with.
-Guilty Plea
-Not guilty plea
-No contest plea
During this process the judge will also:
-set bail
-Refuse to set bail; or
-Release you on your own personal recognizance, which means that the court takes your word that you will appear when necessary for later court obligations
TRIAL
Many prosecutors will consider "plea agreements." although it's not legally required. If you don't reach a plea agreement with the prosecutor, your proceedings will move toward the trial stage.
In Texas, you have the right to a jury trial in all criminal proceedings, regardless of punishment. This right may be waived by:
-Pleading guilty; or
-Choosing a bench trial ( a trial in front of the judge only)
If you request a bench trial, the judge will perform the fact-finding function that is usually performed by the jury.
(Info taken from http://research.lawyers.com/Texas/Criminal-Process-in-Texas.html?p=1)