A felony charge is serious. A conviction (or plea bargain) can result in a punishment of one year or more in the Texas state prison system. If you or a member of your family has been arrested and charged with a felony, the next few days and weeks are critical to your future, as your case moves through the criminal justice system. At the criminal defense law firm, we have the extensive experience and knowledge that can make a difference in how your case is resolved.
Your first step in an effective defense is to understand the felony process. These are the basic steps of your case:
Your Arrest and Your Miranda Rights
Before the police can make an arrest, they must show probable cause that you have committed a crime or are involved in a criminal conspiracy. Contrary to what many people believe, police do not need an arrest warrant if they can demonstrate with reasonable certainty that a felony crime was in the process of being committed or have evidence to show that you committed the crime under investigation.
After your arrest, it is important to protect your rights. The Miranda rule specifies that you must be fully informed of your rights prior to any questioning that may lead to self-incrimination. Your first — and most important — is the right to remain silent. Do not say anything to the police or investigators. The police must give you the opportunity to exercise your second right as soon as possible: the right to retain a lawyer. The police have the authority to ask you questions before your arrest, but any answers you give them may not be admissible as evidence until they have taken you into custody and read you the Miranda warning.
The Booking
Being arrested and taken into custody does not necessarily mean you will be booked on felony charges. At the police station, you may face further questions and the police have the option of booking you on a specific charge or charges. Under rules known as the writ of habeas corpus, the police cannot hold you in custody for more than 24 hours without formal charges against you.
As part of the booking process, your personal information will be recorded and your fingerprints will be put on file. Your personal belongings will be confiscated and cataloged. Whether you are guilty or charges are eventually dropped, it doesn’t matter — the moment you are booked, you enter the criminal justice system and you have a felony charge on your record.
Hiring an Attorney
The Miranda warning includes a statement that you are entitled to have an attorney represent you. If you cannot afford an attorney, you will have a public defender appointed for you. Of course, you may also call an attorney of your own choosing. Be aware: If you choose to accept a public defender, you may request a change of attorneys under limited circumstances, such as a conflict of interest, your public defender cannot continue or you can demonstrate that you are not receiving effective defense.
The Arraignment
With your attorney at your side, you will make your first court appearance, called the arraignment. At the arraignment, you will formally enter a plea. By Texas law, the arraignment must take place within 72 hours of your formal booking.
At the arraignment, you will have the option to enter any one of the following pleas to each charge:
- Guilty — You admit to committing the crime(s) for which you are being charged.
- Not guilty — You do not admit to committing the offense.
- No contest — You do not admit guilt, but you assert that you have no defense against the charges you are accused of.
- Mute — You are allowed to stand silently, rather than enter a plea. The court will enter a plea of not guilty on your behalf.
The arraignment hearing is also used to set bail or release you on your personal recognizance. Your attorney will argue for reduced bail or release on your own recognizance. The prosecuting attorney will likely argue for high bail.
What Is Bail and What Is a Bail Bond?
Bail is the security the court orders as assurance that you or your legal representative will appear at all criminal proceedings having to do with your case. You may either pay the bail amount out of your personal resources or secure the services of a bail bondsman. A bail bondsman will generally require 10 percent of the bail amount, then issue a bond to the court, putting up his personal assets as security in the event you do not appear. At the conclusion of the criminal process, all bail security money will be repaid. The bail bondsman keeps the percentage you paid as his earnings for the bond.
Your Right to a Speedy Trial
If you plead not guilty to the felony charges at your arraignment, the judge will assign a trial date at the conclusion of the hearing. The U.S. and Texas state constitutions guarantee that your case will move through the process and proceed to trial as quickly as the particulars of the case allow. Under Texas law, the state must proceed to trial within 180 days of filing felony charges. You have the right to request an extension to prepare a thorough defense. If the judge declines bail or you fail to make bail and are not released on your own recognizance, you will be held in the local county jail or detention center, pending your trial.
Taking Your Case to Trial
At any point throughout the process, you have the option of negotiating with the prosecuting attorney to accept a conviction on a lesser charge or a plea bargain that results in a lower penalty than the recommended guidelines, if you are found guilty by a jury in a trial. But make no mistake — a plea bargain for a felony charge is a conviction that will stay on your record, no matter what kind of reduced penalty you accept, including probation.
In the period leading up to your trial, your attorney and the prosecutor will argue for the admission or suppression of evidence that may be in violation of your constitutional rights. For example, this is the period of the process in which your attorney may argue that the police had no probable cause for making the arrest or that certain evidence against you was illegally obtained without a proper search warrant, in violation of your Fourth Amendment rights against illegal search and seizure. By the time the trial date arrives, all evidentiary hearings and legal motions must be completed and the final rules for the trial will be in place.
The trial process includes a selection of 12 jurors, who will weigh the evidence both sides present. Both sides will have the option to call witnesses that are on a preapproved list. Witnesses can include eyewitnesses, co-workers, co-conspirators and professional experts. As the trial progresses, either side may make special motions to add witnesses and challenged testimony.
At the conclusion of the trial, the judge will issue very specific instructions to the jury. The jury is required to respond to evidence and make its decision for conviction or acquittal only within the parameters of the jury instructions.
You Can Appeal — the Prosecution Cannot
If you are found not guilty, you cannot be tried for the same offense. If you are found guilty, you have the option of filing an appeal based on any judge’s decisions or process/jury irregularities that you believe violated your rights. Under Texas law, you generally have 30 days to file your intent to appeal.
Clearing Your Record
Under Texas law, if you are found guilty of a felony (or plea bargain), you cannot clear your record. If your charges are dismissed or you are acquitted by a jury, you may be eligible to have your criminal record “expunged” of the charges or sealed from public view. The process of clearing your record is very specific for each case.
Work With an Experienced Lawyer
Felony assault is a very serious charge that can affect your future for years. Schedule a free consultation with an experienced Bexar County criminal defense lawyer. Contact us by calling or reach us by e-mail to set up an appointment.