Criminal trials in Texas are the stage of the criminal process when accusations are tested publicly. Trials determine whether the government has enough evidence to prove a defendant’s guilt beyond a reasonable doubt. Texas criminal trials follow a structured process with distinct phases, from jury selection to verdict. Understanding how trials work provides insight into the rights of defendants, the duties of prosecutors, and the standards of proof that apply in criminal cases.
Pretrial Motions
Before a trial begins, both the defense and prosecution can file pretrial motions. These are formal requests asking the judge to make rulings about legal issues in advance. Common pretrial motions include:
- Motions to suppress evidence (arguing it was obtained illegally)
- Motions to dismiss the case
- Motions to compel disclosure of evidence
Resolving these issues early can significantly shape how the trial unfolds. Sometimes a favorable pretrial ruling leads to a dismissal or a plea deal.
Jury Trials vs Bench Trials
In Texas, criminal defendants generally have the right to a jury trial, but they may choose a bench trial instead.
- Jury Trial: A group of 12 citizens (for felonies) or 6 citizens (for misdemeanors) hears the evidence and decides the verdict.
- Bench Trial: The judge alone hears the case and issues a verdict.
A defendant must consent in writing to waive a jury trial. Bench trials typically are faster.
Disclaimer: The information provided here is intended for general educational purposes and should not be relied upon as legal advice. For advice specific to your situation, consult a licensed attorney.
Jury Selection
For jury trials, the process of selecting jurors is called “voir dire.”
During voir dire:
- Lawyers and the judge ask potential jurors questions to determine biases.
- Each side can challenge jurors “for cause” (showing bias or inability to be fair).
- Each side also has a limited number of “peremptory challenges” to remove jurors without giving a reason (though not for discriminatory reasons).
The goal is to form an impartial jury that can fairly hear the evidence and apply the law.
The Trial Process
Once a jury is selected, the trial moves through several clear stages:
- Opening Statements: Each side outlines their case, previewing evidence and arguments.
- Presentation of Evidence:
- The prosecution presents its case first.
- The defense can cross-examine witnesses.
- After the prosecution rests, the defense can present its own evidence (but is not required to).
- Closing Arguments: Both sides summarize their case and argue for a verdict.
- Jury Instructions: The judge instructs the jury on the law they must apply.
Verdict
After deliberating in private, the jury must reach a unanimous verdict:
- Guilty: If the jury agrees the prosecution proved the case beyond a reasonable doubt.
- Not Guilty: If there is reasonable doubt about the defendant’s guilt.
- Hung Jury: If the jury cannot agree, leading to a mistrial. The case may be retried.
In bench trials, the judge announces the verdict directly after considering the evidence.
Plea Bargaining
Many criminal cases in Texas never reach the trial stage because of plea bargaining. A plea bargain is an agreement between the defendant and the prosecution where the defendant agrees to plead guilty (or no contest) in exchange for a reduced charge, lighter sentence, or other benefit.
Plea bargains can occur at any stage, even during a trial, but they usually happen before a jury is seated. Judges must approve all plea agreements and ensure the defendant is pleading voluntarily and knowingly. Plea bargaining helps manage heavy court dockets but also reflects the realities of negotiation in the criminal justice system. Defendants and prosecutors alike must weigh the risks of trial against the certainty of a plea deal.
Sentencing
If a defendant is found guilty, the next step is sentencing. In Texas, sentencing is usually handled by the judge, although in some cases the jury may recommend a sentence. Sentencing hearings may occur immediately after the verdict or be scheduled for a later date.
The judge considers a range of factors, including the severity of the offense, the defendant’s criminal history, victim impact statements, and any mitigating circumstances. Texas law outlines sentencing ranges for different types of crimes. For example, a first-degree felony can carry 5 to 99 years in prison, while a Class B misdemeanor may result in up to 180 days in the county jail. Penalties may include fines, jail or prison time, community supervision (probation), or other conditions such as restitution, counseling, or mandatory programs.
After the Trial
After a verdict is announced, the defendant is either released or taken into custody, depending on the outcome. A defendant found not guilty is typically released from custody immediately, assuming no other charges are pending. If the defendant is found guilty and was out on bail, the judge may order them taken into custody on the spot. Defendants already in jail awaiting trial may be transferred to a state prison facility following sentencing, depending on the length of the sentence and other factors.
After sentencing, a defendant has the right to appeal. Appeals in Texas must usually be filed within 30 days of sentencing and are handled by appellate courts that review the trial court’s record for legal errors. The appellate court can uphold the conviction, reverse it, or send the case back for a new trial or hearing.
In some cases, a convicted person may also be eligible for parole or post-conviction relief, depending on the nature of the sentence and other legal factors. Defendants sentenced to probation must comply with court-imposed conditions or risk revocation.
Even after the courtroom phase ends, the legal process continues through appeals, supervision (probation), or incarceration, depending on the outcome of the case.