Criminal defendants in Texas have an absolute right to a public jury trial; however, in many non-capital cases, a defendant can waive a jury trial and opt for a bench trial if both the prosecution and the court agree in writing.
The prosecution bears the responsibility of proving its case beyond a reasonable doubt. As such, the prosecution presents its case first, including the opening statement, case-in-chief, and rebuttal. The prosecution also has the opportunity to make its closing arguments last.
PRETRIAL PROCEEDINGS
There are four basic pretrial proceedings that typically occur in a criminal case before trial. They are:
- Arraignment: The defendant’s first formal court appearance, during which the judge informs the defendant of the charges and constitutional rights (such as the right to counsel), and requests a plea (guilty, not guilty, or no contest). If the defendant cannot afford counsel, the court will appoint one.
- Bail: Bail amount is generally set at arraignment, but an additional bail hearing can be conducted at the request of defense counsel to argue for a lower amount and fewer or lesser restrictions (such as electronic monitoring, curfews, and/or firearm possession).
- Mental Health Assessment: If the defendant exhibits signs of mental health issues or has an extensive mental health history, the judge can (and most probably will) order a mental health evaluation.
- Witness and Offense Disclosure: The prosecution must provide defense counsel with a list of witnesses and disclose any prior bad acts attributed to the defendant.
PRETRIAL MOTIONS
To better understand the prosecution’s case and its legal foundation, defense counsel typically files several pre-trial motions, including:
- Motion to Dismiss/Quash: A request that the court dismiss all or part of the case based on constitutional or statutory grounds.
- Discovery Motions: Requests for any and all exculpatory evidence relating to guilt or punishment; any impeachment evidence; witness lists, including criminal history of witnesses; forensic evidence and its testing protocols; and the professional and credential background of any expert witnesses that may testify.
- Motion for Continuance: A motion to postpone a hearing or trial date.
- Motion to Suppress: Motion that illegally obtained evidence (through unconstitutional search/seizure, official misconduct, or coerced confession) be excluded from the trial.
THE JURY
A felony trial in district court has 12 jurors, while a misdemeanor jury, conducted in most county and misdemeanor courts, has 6 jurors.
Jurors are the finders of the facts, although they are bound by the judge’s written instructions.
Courts can seat alternate jurors who will sit through the trial and only participate in deliberations if a juror becomes unable to serve after the trial begins.
INNOCENCE/GUILT PHASE OF TRIAL
After all the pretrial motions are resolved, the first phase of the trial begins. It will feature:
- Voir Dire/Jury selection,
- Reading of the Charge/Indictment,
- Plea to the Jury,
- Opening Statements,
- Closing Arguments,
- Jury Charge,
- Jury Deliberations, and
- Jury Verdict.
During this phase of the trial, the prosecution will present its witnesses and evidence first. The defense has the opportunity to cross-examine the witnesses and object to the evidence.
The defense may then present its own witnesses and evidence, subject to cross-examination and the prosecution’s objections.
Alternatively, the defense may choose not to present any evidence, relying on the presumption of innocence, the prosecution’s burden of proof, and the defense’s cross-examination of the state’s witnesses.
SENTENCING PHASE OF TRIAL
If the defendant is found guilty, the trial proceeds to the sentencing phase, where the appropriate sentence is determined. This phase considers:
- Factors Dealing with the severity of offense,
- Impact on victims, family and community
- Defendant’s personal and environmental Past,
- Defendant’s criminal history, and
- Mitigating evidence surrounding the offense.
RIGHTS OF DEFENDANT DURING AND AFTER TRIAL
Throughout and after the trial, the defendant is afforded several constitutionally protected rights, including:
- The right to remain silent,
- The Right to issue subpoenas to compel witnesses to appear
- Protection against self-incrimination,
- Cannot be compelled to prove innocence or shift the burden of proof,
- The right to an impartial Jury, and
- The right to appeal to a local court of appeals and to the Texas Court of Criminal Appeals.
Having a dedicated and experienced team throughout the trial and appellate process is vital to ensure you have the best criminal defense lawyer in the courtroom.
