Texas Criminal Process

Every criminal case in Texas moves through the same basic sequence: arrest, magistration, bail, formal charging, arraignment, discovery, plea negotiations, and then either a dismissal, a plea, or a trial, followed by sentencing and possible appeal. The timeline can run from a few months for a simple misdemeanor to well over a year for a serious felony. The answers below walk through the questions people ask most often at each stage, so you know what is coming and where the key decision points are.

What Are the Main Stages of a Texas Criminal Case?

A Texas criminal case generally follows these steps in order:

• Arrest and booking: You are taken into custody, fingerprinted, and photographed.
• Magistration: A judge informs you of the charges and your rights, usually within 48 hours, and sets bail.
• Formal charging: A misdemeanor is charged by information, while a felony requires a grand jury indictment.
• Arraignment: You enter a plea of guilty, not guilty, or no contest.
• Discovery and pretrial motions: Both sides exchange evidence and argue legal issues to the judge.
• Plea negotiations or trial: Most cases resolve by agreement, and a judge or jury decides the rest.
• Sentencing and appeal: If convicted, the court imposes a sentence, and you may challenge the outcome in a higher court.

How Does Bail Work in Texas?

Bail is the amount of money or conditions the court requires to release you while your case is pending. Under Texas Code of Criminal Procedure Article 17.15, the judge must weigh factors like the nature of the offense, your ability to pay, community safety, and your criminal history. You can post the full amount in cash, use a bail bond company, or ask the court for a personal bond that requires no upfront payment. If the amount is out of reach, your defense can request a bail reduction hearing.

What Does a Grand Jury Actually Do?

A grand jury decides whether there is enough evidence to formally charge you with a felony, not whether you are guilty. Texas Code of Criminal Procedure Chapter 20A sets out grand jury proceedings, which include a panel of 12 jurors hearing the prosecutor’s evidence in private and voting. If at least 9 agree, they return an indictment, called a true bill. If not, they return a no bill, and the felony charge does not proceed. You and your defense are generally not present, which is why the pre-indictment stage is often the quietest but most important window to influence a case.

What Evidence Is the State Required to Share With You?

Almost all of it. Under Texas Code of Criminal Procedure Article 39.14, known as the Michael Morton Act, the prosecution must turn over offense reports, witness statements, recordings, and physical evidence after a timely request. The State also has a continuing duty to disclose anything that tends to show you are not guilty or that reduces punishment. Reviewing this material is where many defenses are actually built, because it exposes gaps, contradictions, and constitutional violations in the State’s case.

What Is the Difference Between Deferred Adjudication and Probation?

Deferred adjudication means the judge accepts your plea but does not enter a conviction, while probation, called community supervision, follows a conviction. Texas Code of Criminal Procedure Chapter 42A governs both. If you complete deferred adjudication, the case is dismissed, and you may later qualify for a record seal through what Texas calls an order of nondisclosure, a court order that restricts public access to the record. The trade-off is serious: if you violate deferred adjudication, the judge can sentence you to the full range of punishment, not just the term originally offered.

Should You Take the First Plea Offer?

Rarely, and never before your defense has reviewed the State’s evidence. First offers usually arrive before discovery is complete, which means you would be deciding your future without knowing how strong the case against you really is. A plea can make sense when the evidence is solid, and the offer meaningfully reduces your risk. Still, prosecutors often improve offers as the trial approaches and weaknesses in their case surface. The decision is always yours. The job of your defense is to make sure it is an informed one.

What Happens If Your Case Goes to Trial?

A Texas criminal trial unfolds in distinct phases:

• Jury selection: Both sides question potential jurors and remove those who cannot be fair.
• Opening statements: Each side previews what it believes the evidence will show.
• The State’s case: Prosecutors present witnesses and exhibits, and your defense cross-examines each one.
• The defense case: You may present evidence and testimony, though you are never required to prove anything.
• Closing arguments and verdict: The jury must find guilt beyond a reasonable doubt, and the verdict must be unanimous.
• Sentencing phase: If the verdict is guilty, a separate hearing determines the sentence.

Can Service Members Face Both a Court-Martial and Texas Charges?

Yes. The military and the State of Texas are separate sovereigns, so the same conduct can be prosecuted under the Uniform Code of Military Justice and in a Texas court without violating double jeopardy, the legal protection against being tried twice for the same offense. In practice, one system usually takes the lead, but the other can still impose consequences, such as administrative separation, which is the military’s process for discharging a service member outside the criminal system, or professional license issues. If you are on active duty, in the reserves, or in the Guard, your civilian and military defense strategies need to be coordinated from day one.

How Long Do You Have to Appeal a Conviction?

In most cases, 30 days from the date the sentence is imposed in open court. The deadline comes from Rule 26.2 of the Texas Rules of Appellate Procedure, and missing it can permanently forfeit your right to appeal. An appeal is not a retrial. The appellate court reviews the record for legal errors, such as improperly admitted evidence or incorrect jury instructions. Because the clock is short, tell your defense team immediately if you want to challenge a conviction.

Talk to Our Texas Defense Team in Person

You do not have to face the criminal process alone, and you should not face it with a firm you will never meet. Unlike most military law firms that operate only virtually, our attorneys meet with clients face-to-face in both civilian and court-martial cases. Our team at O’Connell West, PLLC is ready to review your case, explain your options at every stage, and fight for the best outcome available. Call 512-547-7265 or contact us online to schedule your confidential case evaluation.