Confronting the criminal justice system on your own is a daunting task. It’s easy to feel intimidated and overwhelmed, especially when you don’t have prior experience with the criminal defense process.

Luckily, you don’t have to tackle this process alone. With our experienced Houston criminal defense attorneys, you have guidance throughout the process. Moreover, we fight for the best possible outcome.

Step 1 – Investigation

Before an arrest and charges, officers must have probable cause. Investigators from the Houston police department, Harris County Sheriff’s Office, or any other law enforcement agency employ a variety of procedures.

• Search warrants
• Interrogations
• Seizure of property

The arrest is the first step of the criminal justice system. So often, people make the mistake of hesitating to contact an attorney after an arrest. However, involving our Houston criminal defense attorneys early in the process significantly improves your chance of beating your case.

Step 2 – Arrest

When police have probable cause, they arrest you. Upon your arrest, the officers book you at a local jail or police station. During this process, they take your photograph and fingerprints. They also record the charges filed against you.

While they might question you, it’s essential to remember that you have no legal obligation to speak to them. Therefore, we strongly encourage you to wait until your attorney is with you before speaking with them.

Remember, they are not on your side. They want to build a case against you and might try to manipulate you. Exercise your right to remain silent.

Step 3 – Arraignment

Your first appearance in court is the arraignment. The arraignment is when they file formal charges against you. During this hearing, you appear before a judge with your Houston criminal defense lawyer. The judge confirms you are the person facing charges, that you understand the charge, and verifies your plea: guilty, not guilty, or no contest.

At this point, they also set bail and your next court appearance. Bail provides you with the freedom to go home during your trial. The judge decides the bail amount.

Step 4 – Pretrial Hearings and Plea Bargaining

During pretrial conferences and hearings, the prosecution and defense discuss the strengths and weaknesses of the prosecution’s case. Additionally, we discuss pretrial motions and indirect factors that pertain to your case.

• Character
• History
• The reason behind the crime (if guilty)

These factors have a significant impact on your leverage during plea bargaining.

Plea bargaining is when your criminal defense attorney negotiates with the prosecutor and police to prevent a trial. At times, we convince them to drop the case. In other cases, you might plead guilty to a less severe charge.

Step 5 – Trial

The case moves to trial when you plead “not guilty,” and we cannot reach a plea agreement. During your trial, the judge and jury hear your case to determine guilt or innocence. This process lasts anywhere from 2 months to 2 years, depending on the case’s complexity.

• Jury selection
• Prosecution’s Case
• Defense’s Case
• Closing Arguments
• Deliberation

Step 6 – Verdict

Following the trial, the judge or jury decides whether you are guilty “beyond a reasonable doubt.” This process might last for minutes or weeks. Once reached, the judge or jury reads the final verdict to the defendant in court.

The criminal justice system requires a unanimous decision from the jury. When the jury cannot reach this decision, the judge declares a mistrial. The prosecution may attempt to retry the case in this instance.

If the verdict is “not guilty,” prosecutors and courts cannot overturn the decision. So this verdict clears you of all charges.

If the verdict is guilty, the defendant moves to sentencing.

Step 7 – Sentencing

Whether you plead guilty or a jury decides you are guilty, you receive sentencing for the crime. Sentencing is a complex process for the judge as they determine the length of your punishment and the severity.

This process involves looking at your record, level of remorse, responsibilities, and numerous other factors. However, judges typically adhere to the sentencing guidelines established by the state or federal government.

Step 8 – Appeal

You have the right to appeal the verdict when found guilty of some or all the charges. You can take your case to the Texas Court of Appeals with a Houston criminal defense lawyer. There, we examine instances of improper procedural issues that took place in your initial trial. This court has the power to overturn a lower court’s decision.

The Texas Court of Criminal Appeals is the highest court for criminal cases. This court takes appeal cases from the mid-level system or direct appeals that involve the death penalty.

If you face charges for a crime you did not commit, you might think you don’t need a criminal defense attorney. But why would you need a lawyer when innocence is on your side?

It’s important to remember that the police and prosecutors want to solve a crime. Unfortunately, this drive means they build a case against you regardless of your innocence.

With a lawyer, you have someone to protect your rights. Our lawyers ensure that police and prosecutors don’t take advantage of you. Moreover, we ensure that we convey the evidence of your innocence in the most impactful way possible.
As Houston criminal defense lawyers, we explain your innocence to those who want you to be guilty. In other words, we build a case for your innocence by amassing facts and details that support your claim.