Ward Maedgen, Dallas criminal lawyer with experience and expert knowledge of criminal defense of - Texas Felony Offense / Charge - Misdemeanor Offenses, Texas Criminal Law. arrest for felony or misdemeanor cases.

If you have been convicted, indicted for, or charged with a criminal offense, you need the misdemeanor and felony defense lawyers at The Law Office of Ward Maedgen. We have assisted many criminal defendants throughout the Texas state and federal court system and provide legal representation throughout the state.

We stand ready to assist you by investigating and vigorously challenging your pending charges. We understand the serious nature of your situation and want to help you deal with the stressful and complex issues.

Facts and Questions regarding a Dallas criminal defense attorney for a DWI (Driving While Intoxicated) or a DUI (Driving Under The Influence) and what is involved in the criminal court process: Click here for information

Facts and Questions regarding hiring a Dallas criminal defense attorney and what is involved in drug possession charges / drug related matters and the criminal court process: Click here for information

General Information

Locked up with questions? Unlock the answers

This is a general introduction to the criminal justice system in Dallas County. It does not offer legal advice. Its purpose is to provide a basic explanation of court terms and describe how a criminal case progresses through the legal system.

What To Do If You Have Been Arrested

If you can make a bond (money to secure your release), then you will be released from jail, but only if you have no other holds. (A hold is a detainer placed on you by another governmental agency which requires you be held pending clearance of the hold. Example: If you had unpaid traffic tickets you could be held in jail until they were paid or you served them out with jail time.) If you cannot make a bond (or do not qualify for pretrial release), then you will remain in jail while your case is pending.

Different Levels of Offenses

At the Frank Crowley Courthouse, offenses are prosecuted at the lowest level of Class B misdemeanor up to highest level of First Degree felony. Examples of the level of each type of offense and the possible ranges of punishment are as follows:

Class B Misdemeanor - confinement for a term not to exceed 180 days in the county jail: and/or fine not to exceed $2,000. Example: DWI ("drunk driving"), Criminal Trespass, Theft by Check $50 to $500, evading arrest or detention.

Class A Misdemeanor - confinement for a term not to exceed one year in the county jail; and/or a fine not to exceed $4,000. Example: a second DWI, Assault, Burglary of a Vehicle, Unlawfully Carrying a Weapon.

State Jail Felony - confinement for a term from 180 days to two years in a state jail; and an optional fine not to exceed $10,000. Example: Credit Card Abuse, Unauthorized Use of a Motor Vehicle, Reckless Injury to a Child.

Third Degree Felony - confinement for a term from two to 10 years in prison; and an optional fine not to exceed $10,000. Example: a third DWI, Indecency with a Child, Kidnapping, Possession of a Firearm by a Felon.

Second Degree Felony - confinement for a term from two to 20 years in prison; and an optional fine not to exceed $10,000. Example: Aggravated Assault or Kidnapping (if the victim is released unharmed), Arson, Robbery, Sexual Assault.

First Degree Felony - confinement for life or a term from five to 99 years in prison; and an optional fine not to exceed $10,000. Example: Murder, Aggravated Kidnapping, Robbery or Sexual Assault. Capital Felony - punishment in prison for life or death penalty. If the State does not seek the death penalty, upon conviction, an automatic life sentence is imposed. Where the State seeks the death penalty, upon conviction the jury must answer the questions which may result in either a sentence of life imprisonment or the death sentence. Example: Murder during the commission of another felony such as kidnapping, rape or robbery.

How the Case is Filed and Processed

Misdemeanor Offenses:

Misdemeanor cases are filed by the police agency with the District Attorney's Office.

If the District Attorney's Office decides to prosecute the case, a document is created called an Information. (The information is a written statement filed and presented on behalf of the State of Texas by the district attorney, charging the defendant with an offense.) It provides the defendant with notice as to the offense for which he
stands charged.

Once an information has been processed, a file is generated and the case is randomly assigned to one of 12 misdemeanor courts.

Felony Offenses:

Felony level offenses are filed by the police agency with the District Attorney's Office.

The District Attorney's Office then generates a charging instrument known as an indictment. (An indictment is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense.) The indictment puts the defendant on notice regarding the charges being brought.

Once the paperwork has been generated the case is then set to be heard by the grand jury. The grand jury is a panel of citizens who briefly review information provided by the police who then make a determination whether there is sufficient evidence to believe that an offense has occurred.)

Any person charged with a felony offense has an absolute right to have his/her case indicted by the grand jury. Once filed, a felony case is randomly assigned to one of 15 felony courts. It may take two to three weeks before a case is actually heard by the grand jury.

The grand jury will either issue a true bill of indictment or a no bill. True bill means that the grand jury found that there was enough evidence to believe that an offense did occur and the case will then be forwarded to the felony court to which it was assigned. A no bill means that the grand jury did not believe that there was enough evidence to proceed with the case as it was filed.

What Happens When I Go To Court?

If you are on bond you will be notified by mail (at the address you gave the jail when you were released) as to which court your case has been assigned, the court date and the time you are to appear. On your court date, you should go directly to the court. Each court posts a docket sheet in front of the courtroom. The docket sheet lists the name of each person who has a court setting on any particular day, the name of their attorney and the type of setting (announcement, plea, trial). You must be in court on the day and time instructed or the court may forfeit your bond and issue a warrant for your arrest. (Bond forfeiture means that you lose the money that you have posted as a guaranty to the court that you would appear on the setting date.) Some courts require that you come inside the courtroom, while others will tell you to remain in the hall directly outside the assigned courtroom until your name is called by the court bailiff o If you don't know where to go, it is always best to enter the courtroom and check in with the court bailiff or court coordinator.

How the Case Proceeds

Misdemeanor Cases: This process begins once the case has been filed by the police and the District Attorney's Office drafts an information.

Felony Cases: This process begins when the Grand Jury issues a true bill of indictment. Once the case has been indicted, the process begins.

The First Appearance Setting

If on bond the person accused must appear in court. It will be determined at this setting if the defendant must hire an attorney or if they qualify for a court appointed lawyer.

If in jail the person will be brought to the court on the jail chain. If the defendant cannot afford to hire an attorney and if a lawyer has not already been appointed for the defendant, one will be appointed at this time.

Announcement Settings

Theses settings allow both the defense lawyer and the assistant district attorney an opportunity to discuss the case and determine if the case will be dismissed, plea bargained (a plea bargain is a resolution of the case where both the State and the defendant agree to a certain punishment without involving either a judge or jury) or set for a jury or bench trial. (A bench trial is a trial to a judge without a jury.) Generally, a case may be set for announcement two or three times. A person on bond may be required to appear in court every time the case is set on the court's docket, regardless of the type of setting and regardless of whether that person's attorney must also appear. If the person is in jail he or she will not be automatically brought to the court for announcement settings, unless the defense attorney has requested that court to bring the person to the court on the jail chain.

Final Announcement Setting

At this setting it is determined whether or not the person accused wishes to reach a plea bargain agreement with the Assistant District Attorney or to have a trial. In many courts, once a case is set for trial of any kind, any plea bargain offer is considered rejected and may not be offered again.

Plea Setting

If a defendant chooses not to have a jury or bench trial, then the case is set for a plea. At the plea setting a person enters a plea of either guilty or nolo contender to the charges. (A plea of nolo contender means that a person is not pleading guilty but chooses to "not contest" the charges brought against him. It has the same legal effect as a pleading guilty to the charge.) A person who pleads to the charge may accept either the plea bargain offered by the State, or he may enter an open plea. (An open plea means that the defendant has rejected the plea bargain and asks the judge to set punishment.)

Trial Setting

Every person charged with a criminal offense has an absolute right to plead not guilty to the charge and have a trial by jury or a trial before a judge (bench trial). In either case, the State of Texas, through an Assistant District Attorney, must prove a person guilty of the offense charged beyond a reasonable doubt. In a misdemeanor trial there are six jurors who hear the evidence presented in the trial. At the felony level there are 12 jurors. There are three possible phases to each jury trial. They are: voir dire (jury selection phase); guilt/innocence phase (the time during the trial when evidence is presented); and, if the person is determined to be guilty, the punishment phase.

A jury's decision with regard to guilt or innocence must be unanimous (that means that all six or 12 people must reach the same conclusion as to the guilt or innocence of the person on trial). If the jury does not reach a unanimous verdict the judge may declare a mistrial (also known as a "hung jury") and the case may be retried.

A defendant who has been found guilty of an offense may choose whether the jury or the judge will set his or her punishment.

In a bench trial the judge determined the guilt or innocence of the defendant and sets the punishment.

Probation

Depending on a number of factors, a person may be eligible to have a jail sentence probated. (Probated means that they are not sent to jail but are released and supervised by the Department of Community Supervision.)

** The information above was produced by the Dallas Bar Association.
 
As you can see, what looks simple gets pretty complex. As your criminal defense attorney I will insist that all information be provided and that you and I walk through all this information as we discuss and proceed on your case. Call us today for a Free Consultation.

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