Most people that are charged with a crime today have never been in trouble before. While it is true that there are repeat criminal offenders, I speak with many clients who have either made a one-time mistake or have been in the wrong place at the wrong time. Having a criminal charge against you is stressful, to say the least. There are a lot of processes and procedures that you are unfamiliar with, so I’d like to give you a brief overview of what to expect going forward.
1. You Need a Laywer
You have been charged with a crime. Whether there was or was not a physical victim in your case, the State of Texas—with all its resources and power—is now coming after you. Simply hoping that the State dismisses charges or gives you a good plea deal is like hoping to win the lottery: it does happen, but it probably won’t. Your freedom and future is too important to take a chance.
2. You Will Have an Initial Court Appearance
This initial court appearance serves three purposes: a) the court wants to make sure that you have a lawyer representing you. If you can’t afford to hire an attorney, one may be appointed to your case if you qualify financially (I offer payment plans and am surprisingly affordable - call me to check); b) to be officially told what the charges are against you; and c) to see if there are any other conditions of bond that need to be imposed in your case.
3. The Discovery and Pre-Trial Motion Phase
The next phase of your case is the discovery and pre-trial motion phase, which means that your attorney will get access to the evidence that the State intends to use to convict you (i.e. the discovery). Your attorney will review the case, go over the evidence with you, and review options on how to proceed. During this time, you’ll also attend court about once a month to “check in” with the Court and make sure that everything is still fine. Your lawyer will also negotiate a plea offer with the State to see if you’re interested in resolving the case short of going to trial. This whole phase usually takes a few months, so plan on being patient.
4. Decision Time | Trial or Plea
This is the critical juncture of your criminal case. You (or a loved one) have been charged with a crime. You (or they) will have to deal with the consequence. Do you have enough evidence against you for the State to get a GUILTY verdict? Do you have enough facts on your side to raise a reasonable doubt? What evidence do you have that is admissible, and what evidence is inadmissible? This is why you need an experienced criminal defense attorney. Your attorney will walk you through this whole conversation and help point you in the right direction.
5. If You Don't Plea Then You're Going to Trial
While it may not be this black and white, the general idea is that, with advice of your lawyer, you’ve decided that you do NOT want to accept the State’s plea offer and that you would rather exercise your Constitutional right to a trial by a jury of your “peers.” Your attorney will then do what he or she does best: craft your defense and tell a story to try and convince the jury that you are NOT GUILTY of the crime that the State has claimed you are.
6. Post-Trial Appeals
This next section may or may not apply to you. If you are found NOT GUILTY, then the charges are dismissed and you are free to go. Congratulations! At this point, you need to speak to your attorney about an expunction. However, if things didn’t go your way and trial resulted in a GUILTY verdict, then you can speak with your lawyer about appealing that decision, and whether there are grounds to do so.
You have been charged with a crime. Whether there was or was not a physical victim in your case, the State of Texas—with all its resources and power—is now coming after you. Simply hoping that the State dismisses charges or gives you a good plea deal is like hoping to win the lottery: it does happen, but it probably won’t. Your freedom and future is too important to take a chance.
2. You Will Have an Initial Court Appearance
This initial court appearance serves three purposes: a) the court wants to make sure that you have a lawyer representing you. If you can’t afford to hire an attorney, one may be appointed to your case if you qualify financially (I offer payment plans and am surprisingly affordable - call me to check); b) to be officially told what the charges are against you; and c) to see if there are any other conditions of bond that need to be imposed in your case.
3. The Discovery and Pre-Trial Motion Phase
The next phase of your case is the discovery and pre-trial motion phase, which means that your attorney will get access to the evidence that the State intends to use to convict you (i.e. the discovery). Your attorney will review the case, go over the evidence with you, and review options on how to proceed. During this time, you’ll also attend court about once a month to “check in” with the Court and make sure that everything is still fine. Your lawyer will also negotiate a plea offer with the State to see if you’re interested in resolving the case short of going to trial. This whole phase usually takes a few months, so plan on being patient.
4. Decision Time | Trial or Plea
This is the critical juncture of your criminal case. You (or a loved one) have been charged with a crime. You (or they) will have to deal with the consequence. Do you have enough evidence against you for the State to get a GUILTY verdict? Do you have enough facts on your side to raise a reasonable doubt? What evidence do you have that is admissible, and what evidence is inadmissible? This is why you need an experienced criminal defense attorney. Your attorney will walk you through this whole conversation and help point you in the right direction.
5. If You Don't Plea Then You're Going to Trial
While it may not be this black and white, the general idea is that, with advice of your lawyer, you’ve decided that you do NOT want to accept the State’s plea offer and that you would rather exercise your Constitutional right to a trial by a jury of your “peers.” Your attorney will then do what he or she does best: craft your defense and tell a story to try and convince the jury that you are NOT GUILTY of the crime that the State has claimed you are.
6. Post-Trial Appeals
This next section may or may not apply to you. If you are found NOT GUILTY, then the charges are dismissed and you are free to go. Congratulations! At this point, you need to speak to your attorney about an expunction. However, if things didn’t go your way and trial resulted in a GUILTY verdict, then you can speak with your lawyer about appealing that decision, and whether there are grounds to do so.
So there you go. That’s what to expect now that you’ve been charged with a crime. There are a lot of details that we’ll go over in this blog, and I invite you to call me—or respond to this post—to ask me questions. However, there is one last piece of information you should know: EVERY CASE IS UNIQUE, AND WHAT WORKS FOR ONE CASE MAY OR MAY NOT WORK FOR EVERY CASE. Any good attorney knows that this is not boilerplate material that we’re working with here. You are unique. You have unique backgrounds and unique visions for the future. So your response to this criminal charge has to be unique. Don’t cheat yourself. Get an experienced criminal defense attorney that will help you sort through the evidence, prepare a defense unique to your case, and that can convince the heck out of the jury that you are, in fact, NOT GUILTY!
Jeff Brown is a former prosecutor. He has many years experience as a criminal defense lawyer. He has experienced much success in defending his clients from criminal charges and erroneous convictions. He works on all types of cases: from Class C traffic tickets to 1st Degree Felonies. He is compassionate with his clients, but fearless in the courtroom. He knows your rights and will vigorously defend them in the courtroom. Call today for your free consultation!
Jeff Brown is a former prosecutor. He has many years experience as a criminal defense lawyer. He has experienced much success in defending his clients from criminal charges and erroneous convictions. He works on all types of cases: from Class C traffic tickets to 1st Degree Felonies. He is compassionate with his clients, but fearless in the courtroom. He knows your rights and will vigorously defend them in the courtroom. Call today for your free consultation!