What to Expect When Charged with a Crime
If you’ve been charged with a crime, you probably don’t really know what to expect next. All you know is what you’ve learned from the news or TV shows.
Everyone’s case is different, but there are some general concepts and procedures that hold true throughout the criminal justice system. This is just a summary. Your case may be different and you may be able to avoid some of these events.
To begin with, there is usually an accusation or an event that takes place. For example:
Someone calls the police and tells them you hit them or threatened them
You were pulled over for suspected drunk driving
You were pulled over for a traffic violation and the officer arrests you for something illegal found inside the car
You are accused of shoplifting or theft
The police will either arrest you or open an investigation. It’s important to note here that you always have the right to remain silent when you are being suspected or accused of a crime.
Do I have to answer any police questions?
Yes. You must always give them your true legal name and date of birth. Failure to do so may result in being charged with Failure to Identify. You do not have to answer other questions or agree to searches of your home or vehicle. They can only do this if they have probable cause, a warrant, or your consent.
If they are asking for your consent, they probably do not have probable cause. You do not have to give it. My best advice here: don’t resist arrest, don’t be rude, and remain silent. You can ask if you are free to leave. If they say no, ask for an attorney and remain silent. A police officer can arrest you if they have probable cause to believe that you committed a crime. They can also arrest you if there is a warrant out for your arrest.
If you are arrested you will go through the process of booking where they will take you down to the police station, get your fingerprints and gather identifying information. If the officer attempts to question you about the offense, continue to remain silent and ask for an attorney.
Bail / Posting Bond
Next, a Judge or Magistrate will set your bail. Bail is “property or money given as surety that a person released from custody will return at an appointed time.” The purpose of bail is to make sure that you will return to court when scheduled. Conditions of bail may also be set by the Judge for the protection of the public.
For example, a judge may require an interlock device on any vehicle you operate as a condition of bond on a DWI case. A judge may also require an ankle monitor on an assault or serious felony.
Once bail is set, you or someone you know can post the required amount of money and you will be released. If you don’t have the required amount of money available, you may hire a bail bondsman for a fee. The bondsman will post the bail for you for a percentage of the bail amount – usually 10% to 20% of the bail amount.
Filing with the DA’s Office
Shortly after your arrest, your case will be filed with the District Attorney’s Office. Even if they dismiss all charges against you just hours after your arrest, it will remain on your record unless you proactively take the steps to have your record expunged. After your case is sent to the District Attorney’s Office, an Assistant District Attorney (ADA) will review the evidence provided by the police agency that arrested you.
This is a great opportunity for your defense lawyer to meet with the ADA in hopes of convincing them to reject the case for filing, in essence dismissing the case. This opportunity is often lost by clients who wait until after their case is filed to hire an attorney. Hiring an attorney quickly doesn’t always keep the case from being filed and there is never a guarantee of that, but it is always good to try. You don’t want to miss any opportunity to have your case dismissed.
If your case is filed and accepted, it will randomly fall into one of the criminal courts. Court dates will then be set to give the ADA and your defense lawyer an opportunity to discuss your case and options. These settings also inform the court of the status of the negotiations between the ADA and the criminal lawyer. They are generally nothing for the client to worry about.
However, when appearing in court, it is important to remember to be on time, dress appropriately, and always bring a pen. Dress like you are going to church with grandma. No tank tops, shorts, or revealing clothing is allowed.
Grand Jury
If your case is a felony it will be presented to the Grand Jury. No person in Texas may be tried for a felony unless their case has first been indicted by a Grand Jury. A Grand Jury is comprised of 12 jurors who sit for several month terms and are called upon to independently decide whether there is probable cause to prosecute on a given case. The Grand Jury process is another opportunity for your defense lawyer to try and have your case dismissed. When the Grand Jury fails to indict a case it is referred to as a No Bill.
Negotiations and/or Trial
If your case cannot be dismissed, no-billed, or worked out to your satisfaction after several court settings, the Judge will expect you to announce whether or not your case will go to trial. Once your case is set for trial, it will be scheduled for a trial date. At trial, you will have a jury to decide whether or not the State can prove the case against you beyond all reasonable doubt. Many cases can be handled to my client’s satisfaction without having to set the case for trial.
It is extremely important that you seek the services of a qualified and experienced criminal lawyer as quickly as possible. I have seen many defendants make a mess of their case trying to do things on their own or waiting too long to hire someone.
If I serve as your criminal attorney, I not only help you understand the case and the process, I will fight for every right you have.
Other Frequently Asked Questions
Do I need a lawyer if I am going to plead guilty?
Yes. Accepting a plea deal is a big decision- you are agreeing to be labeled as a convict for the rest of your life. There are also other unknown consequences of pleading guilty that the prosecutor won’t tell you about. For example, pleading guilty could result in your driver’s license being suspended or losing your right to own a firearm. When you simply plead guilty, this saves the prosecutor a lot of work, which is why they are often eager to make these deals with you. There are some cases where accepting a plea deal is the best option, but you should always have your own attorney representing you so they can negotiate better terms and properly advise you of all your options.
What if the police did not read me my rights?
The police are only required to read your Miranda rights if you are under arrest and before they interrogate you. Most people who are arrested are not interrogated. Being read Miranda rights as an individual is placed under arrest is only for TV dramas.
Regardless, you always have the right to remain silent whether you are arrested or not.
What is the difference between probation and deferred adjudication?
The difference between these two terms generally relates to whether a conviction will be on your record. When a person is placed on probation, this means they are convicted of the crime and the charge will be on their record for the rest of their life. If a person receives deferred adjudication, then it may be possible for the individual to have the crime sealed from their record after probation is over. Deferred adjudication is not automatic, however, so a person still needs to file a motion for an order of non-disclosure, which is the Texas way of sealing criminal records. It is important to keep in mind that even when a person obtains an order of non-disclosure, government agencies will still be able to see the charges and federal law will still consider these convictions.
Do I need a lawyer if I am only charged with a misdemeanor?
Yes. Do not make the mistake of underestimating misdemeanor charges. While you may not be facing significant jail time, the real penalty of misdemeanors is not the fine—it’s the permanent mark on your criminal record.
An experienced criminal defense attorney knows how to find weak points in the charges against defendants. In some cases, charges can be dismissed and deleted from your record, saving you from having a conviction show up on background checks for the rest of your life.
What is the right to remain silent?
Exactly what it sounds like. When you are under police investigation, you have the right not to answer any questions. Anything you say after you are arrested can be used against you in court.
Do not try to explain your situation to law enforcement or a judge after an arrest. They are not interested in helping you—they are listening for anything that will make you look guilty. Even innocent people can inadvertently make comments that make them sound guilty.
For instance, if you are accused of being at the scene of a crime on a certain date you should not try to explain that you were at the specified place without talking to a lawyer first. If you get any of the details wrong, contradictions between this statement and your final statement will be brought up in court, making you look dishonest.
What happens if I violate the terms of my probation?
As difficult as this may be, it is important to strictly comply with the terms of your probation. You can go back to jail without a trial if you break the terms of probation. Judges and prosecutors are not usually willing to hear your reasons for breaking probation.
If you did break the terms of your probation, either by accident or out of necessity, talk to an attorney immediately. A skilled lawyer may be able to soften the consequences.
What should I do if I am under investigation?
If you are being investigated for a crime, an arrest may right around the corner, even if the police did not tell you that you are a suspect. You should hire an attorney now. An attorney can reach out to the police on your behalf and see what is going on. In some cases, they can even provide information to avoid ever being arrested or charged.
The police saw me do it. Is there any hope for me?
There is always more to the story than what appears on the surface. Even if the police caught you committing a criminal act, that does not mean they understand the full situation. Prosecutors create narratives that paint defendants as criminal masterminds. You need to make sure someone can explain your side of the story in a legal context. Even if you believe you will be found guilty, there are usually opportunities to have charges dismissed and reduce possible penalties.