A Step-By-Step Guide to a Criminal Arrest in Texas

 Posted on October 09, 2024 in Criminal Defense

The criminal justice system can be overwhelming, especially if you have never encountered it before. If you are about to be charged with a crime, you might wonder what to expect and how long everything will take. This article will describe the stages from an arrest until a trial begins. If you have questions, speak with a knowledgeable Marble Falls, TX criminal defense attorney.

Stage 1: Arrest

You can get arrested if there is probable cause, a witness identifies you, or a police investigation leads to you. After getting an arrest warrant, police can take you into custody. They can search your body and your surroundings for illegal drugs or weapons, evidence, or stolen objects. Whatever personal belongings they confiscate from you are placed in an inventory that you sign for.

Stage 2: Booking

A clerk will record information about your arrest, the charges, and personal information. They will typically fingerprint you, take handwriting and DNA samples, and photograph you for a mug shot. Booking should take place within hours after the arrest. If it does not happen quickly, your lawyer can ask for a writ of habeas corpus, which orders the police to bring you to court to see whether you are being detained unlawfully.

Stage 3: Initial Appearance and Bail

You should be brought before a judge within 48 hours of getting arrested. The judge will inform you of your charges and rights and set an amount for bail. These amounts are calculated based on your background, the severity of the crime, and whether you are considered a flight risk. If you are released on bail, you need to abide by whatever conditions the judge imposes, or you can face serious legal consequences.

Stage 4: Investigation and Evidence Collection

For the next several weeks, the prosecution will conduct interviews, question people, collect evidence, and analyze forensics to build its case. You will either remain in custody or be released on bail while this happens. Wherever you are, your defense lawyer will also work on your case and can meet with you to discuss it.

Stage 5: Grand Jury Indictment

Felony cases are typically brought to a grand jury to decide whether there is enough evidence to indict you. If not, the case will end, and the charges against you will be dropped. Otherwise, the case will continue. An indictment should happen no more than 180 days from an arrest. If yours does not occur within that time frame, your charges might be dropped due to the violation of your right to a speedy trial.

Step 5: Arraignment

An arraignment can happen up to several weeks following a grand jury indictment, although the actual process is typically a matter of minutes or hours. During an arraignment, you are formally read the charges and enter a plea of guilty, not guilty, or no contest. Sentencing will happen next if you reach a plea agreement with the prosecution. If not, your case begins the pretrial stage.

Stage 6: Pretrial Motions and Hearings

This is a chance for the prosecution and defense to file motions and attend hearings about issues like dismissing charges, suppressing evidence, or reducing bail. There is no specific timeframe for this phase, as it depends on the circumstances of the case and the lawyers’ strategies, but it can last several months. After this stage, your case will move on to jury selection, the actual trial, and sentencing.

Contact a Fredericksburg, TX Criminal Defense Lawyer

If you think you might be arrested soon, speak with an experienced Marble Falls, TX criminal defense attorney. It is important to be aware of your rights, understand what to expect, and plead your case so you can get the best possible outcome. At the Law Office of Russ Alan Baker, PLLC, we are dedicated to advocating aggressively and compassionately for our clients as they face legal challenges. Call us at 325-216-2006 to schedule a private consultation.