The Texas Criminal Court Process Explained

The Texas criminal court process can seem daunting, but understanding the journey from arrest to trial can significantly ease the anxiety that often accompanies legal proceedings. Whether you or a loved one is facing criminal charges, knowing what to expect at each stage can provide some peace of mind. At Rush & Gransee, L.C., we are committed to guiding our clients through this intricate process with experience and dedication.

The Arrest

The initial phase of the Texas criminal court process begins with an arrest. When law enforcement officials have probable cause to believe that an individual has committed a crime, they may proceed with an arrest. This involves taking the person into custody, reading them their Miranda rights, and transporting them to a local police station or jail for booking. During the booking process, the arrested individual is photographed, fingerprinted, and asked to provide personal information. Following this, they may be held in jail until their initial court appearance, depending on the severity of the charges and other factors.

The Arraignment

The first court appearance, also known as an arraignment, is a critical step in the Texas criminal court process. During the arraignment, the accused is formally charged with the alleged crime and given the opportunity to enter a plea. The available pleas are guilty, not guilty, or no contest. If the accused pleads guilty or no contest, the court may proceed directly to sentencing. However, if a not guilty plea is entered, the case will move forward to pretrial proceedings. It is crucial for the accused to have legal representation at this stage, as the decisions made during the arraignment can significantly impact the outcome of the case.

The Pretrial Proceedings

Pretrial proceedings encompass a variety of activities designed to prepare both the defense and the prosecution for trial. One of the most important aspects of this phase is discovery, where both parties exchange evidence and information that will be used in court. This includes police reports, witness statements, and any other relevant documentation. During this time, defense attorneys may file motions to suppress evidence or dismiss the case based on legal grounds. Plea negotiations may also occur during pretrial proceedings, with the defense and prosecution working to reach a mutually agreeable resolution without going to trial. If a plea agreement is reached, the case will not proceed to trial, and sentencing will be scheduled.

Robert L. Rush

Founding Partner

Kurt W. Gransee

Founding Partner

The Trial

If the case does proceed to trial, it will typically be heard by a jury, although the accused may opt for a bench trial, where the judge alone decides the outcome. The trial process in Texas criminal courts involves several key stages: jury selection, opening statements, presentation of evidence, closing arguments, jury deliberation, and the verdict. Jury selection, also known as voir dire, is the process by which attorneys for both sides question potential jurors to ensure a fair and impartial jury is chosen. During opening statements, the prosecution and defense outline their respective cases to the jury.

The presentation of evidence is the core of the trial. The prosecution presents its case first, calling witnesses and introducing evidence to support the charges. The defense has the opportunity to cross-examine the prosecution’s witnesses and challenge the evidence presented. Once the prosecution has rested its case, the defense has the opportunity to present its own witnesses and evidence. This may include alibi witnesses, testimony, or other evidence aimed at disproving the prosecution’s case. Following the presentation of evidence, both sides deliver closing arguments, summarizing their positions and urging the jury to render a verdict in their favor.

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- Ali Alkufaishi

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I had a 10 year probation on a felony charge. I got in trouble and they already had a Motion to Revoke Probation. I was worried cause my original lawyer had just died. I prayed and searched on the internet for a lawyer. Kurt Gransee was the name I stopped at. I called him and he was able to hear my plea. He set me up on a payment plan and went to work on my case. He developed a strategic defense and was able to dismiss the MTR. I was finally a free man!!! So, if you are looking for a lawyer that will work hard for you and has your best interest at heart, you definitely need Kurt Gransee in your corner. He is the best. His firm is professional & his secretary, Elsa, always kept me and my family well informed."

- Damien Gomez

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I could not be more satisfied with the work Mr. Gransee did for me. He went above and beyond to get me the best deal I possibly could and it exceeded all my expectations. He was communicative, friendly, and incredibly helpful when I was dealing with an experience that I never thought I would be in. He put my mind at ease right from our initial conversation. I would recommend him to anyone who is in a dubious and uncertain position. Top notch professionalism, all day."

- Banner Matney

After closing arguments, the jury deliberates in private to determine the guilt or innocence of the accused. The jury’s decision must be unanimous in criminal cases. If the jury finds the accused not guilty, they are acquitted, and the case is closed. If the jury returns a guilty verdict, the case moves to the sentencing phase. Sentencing may occur immediately following the verdict or at a later date, depending on the circumstances. During sentencing, the judge will consider various factors, including the severity of the crime, the defendant’s criminal history, and any mitigating or aggravating circumstances, before imposing a penalty, which may include imprisonment, fines, probation, or other sanctions.

After the Trial

The Texas criminal court process also allows for appeals. If the defendant believes there were legal errors made during the trial that affected the outcome, they have the right to appeal the conviction or sentence. The appellate court will review the trial record and determine whether any mistakes warrant a reversal of the conviction or a modification of the sentence. The appeals process can be lengthy and complex, requiring legal representation to navigate successfully.

The Importance of Representation

Throughout the entire Texas criminal court process, having knowledgeable and experienced legal representation is crucial. An attorney can provide guidance, advocate on behalf of the accused, and work to ensure that their rights are protected at every stage. At Rush & Gransee, L.C., we understand the gravity of facing criminal charges and the impact it can have on an individual’s life. Our dedicated team is committed to providing the highest level of legal representation, leveraging our extensive experience and resources to achieve the best possible outcome for our clients.

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Fighting for You

For those facing criminal charges in Texas, the importance of early legal intervention cannot be overstated. From the moment of arrest through the final resolution of the case, having an attorney by your side can make a significant difference. Our firm offers comprehensive legal services tailored to meet the unique needs of each client, ensuring that they are fully informed and prepared for every aspect of the criminal court process. We take the time to understand the specific circumstances of each case, develop a strategic defense plan, and tirelessly advocate for our clients’ rights and interests.

In addition to providing robust defense strategies, we also offer support and guidance to our clients and their families. The criminal court process can be overwhelming and emotionally taxing, and we strive to provide compassionate and empathetic counsel throughout. We believe in open communication, keeping our clients informed and involved in every step of their case. Our goal is not only to achieve favorable legal outcomes but also to help our clients navigate the personal and emotional challenges that come with facing criminal charges.

At Rush & Gransee, L.C., we are committed to upholding the principles of justice and fairness in every case we handle. We understand that every client’s situation is unique, and we approach each case with the attention to detail and dedication it deserves. Our firm has a proven track record of success in defending clients against a wide range of criminal charges, from minor offenses to serious felonies. We leverage our deep understanding of Texas criminal law and our extensive courtroom experience to provide the best possible defense for our clients.

If you or a loved one is facing criminal charges in Texas, do not navigate the complex and challenging criminal court process alone. Contact Rush & Gransee, L.C. today to schedule a consultation with one of our experienced attorneys. We are here to provide the legal support and representation you need to protect your rights and secure your future. Our firm is dedicated to delivering results, and we stand ready to fight for you every step of the way. Let us help you achieve the justice and peace of mind you deserve.

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