Glossary of Texas and Federal Criminal Law Terms

3g Offense

Texas offenses excluded from judge-recommended community supervision under Tex. Code Crim. Proc. art. 42A.054. Includes murder, aggravated kidnapping, aggravated sexual assault, aggravated robbery, and other listed offenses.

See also: Texas Probation Deferred Adjudication3g Offenses

Acceptance of Responsibility

A two- or three-level reduction in the federal offense level under USSG § 3E1.1 for defendants who clearly demonstrate acceptance of responsibility for the offense, typically by entering a timely guilty plea and providing truthful information.

See also: Federal Sentencing Guidelines · Federal Defense Guideplea Agreements

Adjudication

In Texas deferred adjudication cases, the entry of a finding of guilt that converts the deferred status into a conviction. Adjudication occurs only after a successful motion to adjudicate or by the court's entry of guilt at the original plea proceeding.

See also: Texas Probation Deferred Adjudication · Texas Probation Deferred Adjudicationmta Procedure

AEDPA

The Antiterrorism and Effective Death Penalty Act of 1996. AEDPA imposed a one-year statute of limitations on federal habeas corpus motions, restrictions on second-and-successive habeas filings, and other procedural limits on federal post-conviction relief.

See also: Federal Defense Guidehabeas Corpus

Aggravated Assault

In Texas, an assault that causes serious bodily injury or uses/exhibits a deadly weapon. Tex. Penal Code § 22.02. Generally a second-degree felony (2-20 years), elevated in certain circumstances.

See also: Criminal Defenseassault Charges · Assault Charge

Aggravated Robbery

In Texas, robbery (theft accompanied by violence or threat) involving a deadly weapon, serious bodily injury, or a victim 65+ or disabled. First-degree felony under Tex. Penal Code § 29.03. Excluded from judge-recommended probation but available for jury-recommended probation.

See also: Texas Probation Deferred Adjudication3g Offenses

Alibi

A defense that the defendant was elsewhere at the time of the alleged offense and thus could not have committed it. Texas and federal courts have specific notice requirements for alibi defenses.

Allocution

The defendant's right to speak personally at sentencing before the court imposes sentence. Federal allocution is required by Federal Rule of Criminal Procedure 32(i)(4)(A)(ii); Texas allocution is required by Tex. Code Crim. Proc. art. 42.07.

Appellate Brief

The principal written argument filed with the appellate court. Briefs must comply with strict formatting, page-limit, and content rules under the Federal Rules of Appellate Procedure or the Texas Rules of Appellate Procedure.

See also: Federal Defense Guideappeals

Arraignment

The formal court proceeding where the defendant is informed of the charges and asked to enter a plea. Federal Rule of Criminal Procedure 10 governs federal arraignment; Texas arraignment is governed by Tex. Code Crim. Proc. art. 26.01.

See also: Federal Defense Guideinitial Appearance

Arrest Warrant

A judicial order authorizing law enforcement to take a named person into custody. Federal arrest warrants are issued under Federal Rule of Criminal Procedure 4 on a finding of probable cause; Texas under Tex. Code Crim. Proc. art. 15.

Bail

The amount of money or other security required for pretrial release of a defendant. Texas bail is governed by Tex. Code Crim. Proc. art. 17; federal bail/release by 18 U.S.C. § 3142.

See also: Texas Bond Estimator · Federal Pretrial Detention

Bench Trial

A trial conducted before a judge alone, without a jury. The defendant may waive the right to jury trial in most cases.

Bond

A written promise to appear in court, typically backed by cash, property, or surety. See also: Bail.

See also: Texas Bond Estimator

Booking

The administrative process when a person is brought into custody — fingerprinting, photographing, recording personal information. Booking typically occurs at the county jail or federal detention facility.

BOP

The Federal Bureau of Prisons, the federal agency that operates federal prisons and detains federal prisoners pre-trial. Administered by the Department of Justice.

See also: Federal Good Time · Federal Defense Guidebop Designation

Brady Material

Evidence favorable to the accused that is material to guilt or punishment. Under Brady v. Maryland, 373 U.S. 83 (1963), prosecutors must disclose Brady material to the defense. Failure to disclose can result in conviction reversal.

See also: Federal Defense Guide

Burden of Proof

The obligation to prove or disprove a fact. Criminal cases require proof beyond a reasonable doubt at trial; civil-related criminal matters often require proof by preponderance or clear and convincing evidence.

Capias Warrant

A warrant issued for the arrest of a person who has failed to appear at a court setting or who has violated probation. Texas capias warrants are commonly used in probation-violation matters.

See also: Texas Probation Deferred Adjudicationmtr Procedure

Career Offender

Under USSG § 4B1.1, a defendant who at age 18+ commits a felony crime of violence or controlled-substance offense and has two prior felony convictions for such offenses. Career-offender status produces enhanced offense levels and Criminal History Category VI.

See also: Federal Sentencing Guidelines

Chain of Custody

Documentation of the chronological possession and handling of evidence from collection to presentation. Breaks in chain of custody can produce admissibility challenges.

Chapter 62 Registration

Texas sex-offender registration under Tex. Code Crim. Proc. Chapter 62. Defendants convicted of specified sex offenses must register with local law enforcement and update registration periodically.

See also: Sex Offender Registration · Registration Early Termination

Class A Misdemeanor

In Texas, a misdemeanor punishable by up to 1 year in county jail and up to $4,000 fine. Tex. Penal Code § 12.21.

Class B Misdemeanor

In Texas, a misdemeanor punishable by up to 180 days in county jail and up to $2,000 fine. Tex. Penal Code § 12.22.

Class C Misdemeanor

In Texas, a fine-only misdemeanor punishable by up to $500 fine, no jail. Class C cases are heard in justice and municipal courts. Tex. Penal Code § 12.23.

Compassionate Release

Under 18 U.S.C. § 3582(c)(1)(A), a federal prisoner may move for sentence reduction based on extraordinary and compelling reasons (medical, age, family circumstances). Expanded by the First Step Act of 2018.

See also: Federal Defense Guidecompassionate Release

Confrontation Clause

The Sixth Amendment right of a criminal defendant to confront witnesses against them. Implemented through cross-examination of testifying witnesses at trial.

Conspiracy

An agreement between two or more persons to commit a crime, plus an overt act in furtherance. Federal drug conspiracies under 21 U.S.C. § 846 do not require an overt act.

Continuance

A postponement of a court proceeding. Continuances must typically be supported by good cause. Repeated defense continuances can affect speedy-trial calculations.

Court of Appeals

An intermediate appellate court. In the federal system, the U.S. Court of Appeals for the Fifth Circuit (covering Texas, Louisiana, Mississippi). In Texas, the 14 Courts of Appeals districts plus the Court of Criminal Appeals as the court of last resort for criminal matters.

See also: Federal Defense Guideappeals

Cross-Examination

The questioning of a witness by the opposing party. Cross-examination is the principal means of testing witness credibility and exposing weakness in direct testimony.

DAEP

Disciplinary Alternative Education Program. A Texas educational placement for students who commit certain disciplinary infractions at school. Length determined by district policy and offense type.

See also: Daep Duration

Deadly Weapon Finding

A finding by the jury or court that a deadly weapon was used or exhibited during commission of an offense. Tex. Code Crim. Proc. art. 42A.054 excludes deadly-weapon-finding cases from judge-recommended probation.

See also: Texas Probation Deferred Adjudication3g Offenses

Deferred Adjudication

A Texas form of community supervision under Tex. Code Crim. Proc. art. 42A.102. The court accepts the guilty plea but does not enter a finding of guilt; on successful completion, the case is dismissed. On revocation, the court may impose any sentence within the statutory range.

See also: Texas Probation Deferred Adjudication · Texas Probation Deferred Adjudicationdeferred Vs Straight

Detention Hearing

A pretrial proceeding to determine whether a defendant should be detained or released pending trial. Federal detention hearings under 18 U.S.C. § 3142 apply a four-factor analysis plus any applicable presumption.

See also: Federal Pretrial Detention

Discovery

The process of exchanging evidence and witness information before trial. Texas discovery is governed by the Michael Morton Act (Tex. Code Crim. Proc. art. 39.14); federal discovery by Federal Rule of Criminal Procedure 16.

See also: Federal Defense Guide

Diversion

A pretrial program that allows defendants to avoid criminal prosecution by completing specified conditions (community service, treatment, restitution). Successful completion results in dismissal of charges.

Double Jeopardy

The Fifth Amendment prohibition on being tried twice for the same offense after acquittal or conviction. State and federal prosecutions are not double jeopardy as to each other under the dual-sovereignty doctrine.

DWI

Driving While Intoxicated. Texas DWI offenses under Tex. Penal Code § 49.04 et seq. range from Class B misdemeanor (first offense) to felony (third-or-subsequent, child passenger, DWI with injury, intoxication manslaughter).

See also: Criminal Defensedwi Cases · Dwi Penalty Calculator

Early Termination

Discharge from community supervision before the end of the original term. Tex. Code Crim. Proc. art. 42A.701 authorizes early termination after one-third of the term (2-year minimum for felonies) subject to categorical exclusions.

See also: Texas Probation Deferred Adjudicationearly Termination · Probation Early Termination

Enhancement

A factor that increases the punishment range for an offense. Texas enhancement under Penal Code § 12.42 can elevate a felony to a higher degree based on prior convictions.

Expunction

Texas record-clearing remedy that destroys all records of an arrest. Available under Tex. Code Crim. Proc. art. 55 for narrow categories: acquittal, dismissal, no-bill, certain pardoned cases. Compare: non-disclosure (sealing).

See also: Texas Expunction Non Disclosure

Federal Sentencing Guidelines

The U.S. Sentencing Guidelines, promulgated by the U.S. Sentencing Commission. Produce an advisory sentencing range based on offense level (USSG Chs. 2-3) and criminal history (Ch. 4). Mandatory pre-Booker; advisory post-Booker (2005).

See also: Federal Sentencing Guidelines

First Step Act

The First Step Act of 2018, Pub. L. No. 115-391. Federal criminal-justice reform legislation that expanded safety-valve eligibility, corrected the good-time formula, created FSA earned-time credits, expanded compassionate release, and made the Fair Sentencing Act of 2010 retroactive.

See also: Federal Good Time · Safety Valve

Forfeiture

Government seizure of property used in or derived from a criminal offense. Federal criminal forfeiture under 21 U.S.C. § 853 (drugs) and 18 U.S.C. § 981/982 (general); Texas forfeiture under Tex. Code Crim. Proc. art. 59.

See also: Federal Defense Guideforfeiture

Franks Hearing

A hearing under Franks v. Delaware, 438 U.S. 154 (1978), to challenge the truthfulness of a search-warrant affidavit. Requires a substantial preliminary showing that the affiant made knowing or reckless false statements material to probable cause.

See also: Federal Defense Guidesearch Warrants

FSA Earned-Time Credit

Credit earned by federal prisoners under 18 U.S.C. § 3632(d)(4) for participating in evidence-based recidivism reduction programs or productive activities. 10 or 15 days per 30 days of programming.

See also: Federal Good Time

Grand Jury

A body of 16-23 citizens that reviews evidence presented by prosecutors and decides whether probable cause exists to indict a defendant. Required for federal felonies under the Fifth Amendment unless waived.

See also: Federal Defense Guidegrand Jury

Good Time Credit

Sentence reduction earned by prisoners for satisfactory institutional behavior. Federal good time under 18 U.S.C. § 3624(b) provides up to 54 days/year (≈14.8%). Texas good time on state-jail sentences can be 50%.

See also: Federal Good Time

Guilty Plea

A defendant's admission of guilt in open court. Must be knowing, voluntary, and intelligent. Federal guilty pleas under Federal Rule of Criminal Procedure 11.

See also: Federal Defense Guideplea Agreements

Habeas Corpus

A writ challenging the legality of detention. Federal habeas under 28 U.S.C. § 2241 (BOP custody) and § 2255 (conviction/sentence). Texas state habeas under Tex. Code Crim. Proc. art. 11.

See also: Federal Defense Guidehabeas Corpus

Habitual Offender

A defendant with multiple prior felony convictions, subject to enhanced punishment under Tex. Penal Code § 12.42(d) (25-99 years or life on third felony) and the federal Armed Career Criminal Act (15-year mandatory minimum for three prior violent or drug felonies).

See also: Texas Punishment Rangeshabitual Offender

Indictment

A written charging document returned by a grand jury after probable-cause review. Required for federal felonies. Texas indictments are returned by county grand juries.

See also: Federal Defense Guideindictment

Information

A charging document filed directly by the prosecutor without grand-jury review. Used for federal misdemeanors and waived felonies; for Texas misdemeanors and waived felonies.

See also: Federal Defense Guideindictment

Initial Appearance

The first court appearance after arrest. Federal Rule of Criminal Procedure 5 requires initial appearance "without unnecessary delay" — typically within 24-48 hours.

See also: Federal Defense Guideinitial Appearance

Joint and Several Liability

A liability framework where each co-defendant is fully responsible for the entire obligation. Federal restitution under 18 U.S.C. § 3664(h) commonly imposes joint-and-several liability among co-defendants.

See also: Federal Restitution Mvra

Jury Selection

The process of choosing jurors for trial. Federal voir dire under Federal Rule of Criminal Procedure 24; Texas voir dire under Tex. Code Crim. Proc. art. 35.

See also: Federal Defense Guidetrial

License to Carry (LTC)

Texas concealed-carry license issued by the Texas Department of Public Safety. Eligibility under Tex. Gov't Code Ch. 411. Certain criminal convictions disqualify.

See also: Texas Ltc Disqualification

Mandatory Minimum

A statutorily required minimum sentence. Federal mandatory minimums include 21 U.S.C. § 841 (drug quantity), 18 U.S.C. § 924(c) (firearm during crime), and 18 U.S.C. § 924(e) (Armed Career Criminal Act).

See also: Federal Sentencing Guidelines · Safety Valve

Michael Morton Act

Texas discovery statute (Tex. Code Crim. Proc. art. 39.14) requiring prosecutors to disclose evidence to the defense. Named after Michael Morton, who was wrongfully convicted in part due to discovery violations.

Miranda Warnings

The warnings required before custodial interrogation under Miranda v. Arizona, 384 U.S. 436 (1966): right to remain silent, anything said can be used, right to counsel, right to appointed counsel if indigent.

Motion to Adjudicate (MTA)

The procedural device used to end Texas deferred adjudication. Filed by the prosecutor on allegations of supervision violation. If adjudicated, the court can impose any sentence within the statutory range.

See also: Texas Probation Deferred Adjudicationmta Procedure

Motion to Revoke (MTR)

The procedural device used to end Texas straight probation. Filed by the prosecutor on allegations of supervision violation. If revoked, the court can impose imprisonment up to the originally suspended sentence.

See also: Texas Probation Deferred Adjudicationmtr Procedure

Motion to Suppress

A defense motion to exclude evidence obtained through an unlawful search, seizure, or interrogation. Filed under Federal Rule of Criminal Procedure 12(b)(3)(C) or Texas Code Crim. Proc. art. 38.23.

See also: Federal Defense Guidesearch Warrants

MVRA

The Mandatory Victims Restitution Act of 1996, codified at 18 U.S.C. § 3663A. Makes restitution mandatory in federal sentencing for crimes of violence, Title 18 property offenses, and certain other categories.

See also: Federal Restitution Mvra

Non-Disclosure

Texas record-sealing remedy under Tex. Gov't Code §§ 411.072-411.0727. Seals the case from most public access while retaining government law-enforcement access. Compare: expunction.

See also: Texas Expunction Non Disclosure

Nolo Contendere

A "no contest" plea where the defendant neither admits nor denies guilt but accepts the punishment. Treated like a guilty plea for criminal-sentencing purposes; cannot be used as an admission in civil cases.

Objection

A formal protest by counsel during proceedings, on legal or evidentiary grounds. Must be timely and specific to preserve the issue for appellate review.

Occupational License

A Texas Occupational Driver's License under Tex. Transp. Code § 521.241 et seq. Permits driving for essential purposes (work, school, household duties) during license suspension.

See also: Occupational License · Texas Probation Deferred Adjudicationodl

Parole

Discretionary early release from prison administered by a parole board. Texas state parole under Tex. Gov't Code § 508. Federal parole was abolished by the Sentencing Reform Act of 1984; only supervised release remains.

See also: Parole Eligibility

Penalty Group

Texas drug classification under Health & Safety Code § 481. PG 1 (cocaine, heroin, meth), PG 1-A (LSD), PG 2 (Xanax-type), PG 2-A (synthetic cannabinoids), PG 3 (Valium-type), PG 4 (codeine-prep).

See also: Drug Penalty Group

Plea Bargain

A negotiated agreement between prosecutor and defendant resolving the case. Common terms: charge concessions, sentencing recommendations, cooperation, appeal waivers.

See also: Federal Defense Guideplea Agreements

Preliminary Hearing

A pretrial hearing to determine probable cause. Federal Rule of Criminal Procedure 5.1 entitles defendants to a preliminary hearing unless the case has been or will be presented to a grand jury.

Presentence Report (PSR)

A report prepared by U.S. Probation (federal) or a Texas probation department before sentencing. Contains offense conduct, criminal history, personal background, financial circumstances, and Guidelines calculation (federal).

See also: Federal Sentencing Guidelines

Pretrial Detention

Holding a defendant in custody before trial. Federal pretrial detention under 18 U.S.C. § 3142. Texas pretrial under Tex. Code Crim. Proc. art. 17.

See also: Federal Pretrial Detention

Probable Cause

A reasonable basis to believe a crime has been committed (for arrest) or that evidence of a crime exists at a particular location (for search). The standard for arrests and search warrants.

See also: Federal Defense Guidesearch Warrants

Probation

Court-supervised release from custody as a sentence alternative. Texas "community supervision" under Tex. Code Crim. Proc. Ch. 42A. Federal probation under 18 U.S.C. § 3561 (rarely used post-Sentencing Reform Act).

See also: Texas Probation Deferred Adjudication

Proffer Agreement

A written agreement (sometimes called a "queen for a day" letter) governing a defendant's meeting with prosecutors to discuss the offense. Typically provides limited use immunity for statements made during the proffer.

See also: Federal Defense Guideinvestigation

Protective Order

A court order prohibiting contact between a defendant and a specified person, typically in family-violence or stalking cases. Texas protective orders under Tex. Fam. Code Ch. 85.

See also: Protective Order Duration

Reasonable Doubt

The level of certainty required to convict a criminal defendant. Higher than preponderance (civil) or clear and convincing. The most demanding standard of proof in U.S. law.

Revocation

The court's decision to terminate community supervision and impose imprisonment. Texas straight probation revocation imposes up to the suspended sentence; deferred adjudication adjudication can impose any sentence within the statutory range.

See also: Texas Probation Deferred Adjudicationmtr Procedure

Romeo and Juliet Exception

A Texas defense to certain sexual offenses involving close-in-age teen participants. Tex. Penal Code § 22.011(e). Limits sex-offender registration consequences in qualifying cases.

See also: Romeo Juliet Exception

Rule 11

Federal Rule of Criminal Procedure 11, governing guilty plea procedure. Requires the court to advise the defendant of rights waived, charges, penalties, plea agreement terms, and to find the plea knowing and voluntary.

See also: Federal Defense Guideplea Agreements

Rule 16

Federal Rule of Criminal Procedure 16, governing prosecution disclosure obligations in federal criminal cases.

See also: Federal Defense Guide

Rule 29

Federal Rule of Criminal Procedure 29, authorizing motion for judgment of acquittal at close of government's case or close of all evidence.

See also: Federal Defense Guidetrial

Rule 35(b)

Federal Rule of Criminal Procedure 35(b), authorizing post-sentencing sentence reduction for substantial assistance provided after sentencing. Government motion required.

See also: 5k1 Substantial Assistance

Safety Valve

The mechanism under 18 U.S.C. § 3553(f) and USSG § 5C1.2 allowing federal drug defendants meeting five statutory factors to sentence below an otherwise applicable mandatory minimum.

See also: Safety Valve

Search Warrant

A judicial order authorizing law enforcement to search a specific location and seize specified items. Federal search warrants under Federal Rule of Criminal Procedure 41; Texas under Tex. Code Crim. Proc. art. 18.

See also: Federal Defense Guidesearch Warrants

Sentencing Table

The matrix in USSG Chapter 5, Part A, that produces a federal sentencing range based on offense level (1-43) and Criminal History Category (I-VI).

See also: Federal Sentencing Guidelines

Sex Offender Registration

Required registration of persons convicted of certain sex offenses. Texas Chapter 62; federal SORNA at 34 U.S.C. § 20901 et seq.

See also: Sex Offender Registration · Registration Early Termination

SOR

Sex Offender Registration. See Sex Offender Registration above.

See also: Sex Offender Registration

Speedy Trial Act

Federal statute (18 U.S.C. §§ 3161-3174) requiring trial within 70 days of indictment or initial appearance. Subject to extensive excludable-time provisions.

See also: Federal Defense Guideinitial Appearance

State Jail Felony

Texas's lowest felony category, punishable by 180 days to 2 years in state-jail facility and up to $10,000 fine. Tex. Penal Code § 12.35.

See also: Texas Punishment Rangesstate Jail Felony

Statute of Limitations

The time within which a prosecution must be initiated. Federal default 5 years under 18 U.S.C. § 3282; Texas limitations vary by offense under Tex. Code Crim. Proc. art. 12.

See also: Texas Statute Of Limitations

Subpoena

A court order requiring a person to appear and testify or produce documents. Federal grand-jury subpoenas under Federal Rule of Criminal Procedure 17; trial subpoenas under the same rule.

See also: Federal Defense Guidegrand Jury

Supervised Release

The federal post-incarceration supervision period under 18 U.S.C. § 3583. Replaced parole in the federal system after the Sentencing Reform Act of 1984.

See also: Federal Supervised Release · Federal Defense Guide

Suppression Hearing

A pretrial evidentiary hearing on a motion to suppress evidence. The defense typically bears the initial burden; if standing is shown, the government bears the burden to justify warrantless searches.

See also: Federal Defense Guidesearch Warrants

Target Letter

A letter from the U.S. Attorney's Office advising that the recipient is a target of a grand-jury investigation. Triggers important strategic decisions about counsel and cooperation.

See also: Federal Defense Guideinvestigation

Texas Court of Criminal Appeals

The court of last resort for criminal matters in Texas. Hears discretionary review from the Texas Courts of Appeals and original habeas matters.

TXED

The U.S. District Court for the Eastern District of Texas. Divisions in Tyler, Sherman, Beaumont, Marshall, and Lufkin. Sherman covers Collin, Denton, and Grayson counties.

See also: Federal Defense Guide

TXND

The U.S. District Court for the Northern District of Texas. Divisions in Dallas, Fort Worth, Amarillo, Lubbock, San Angelo, Wichita Falls, and Abilene.

See also: Federal Defense Guide

U.S. Sentencing Commission

The federal agency that promulgates the U.S. Sentencing Guidelines. Issues amendments annually; periodic policy statements. Established by the Sentencing Reform Act of 1984.

See also: Federal Sentencing Guidelines

USSG

United States Sentencing Guidelines. The federal sentencing manual produced by the U.S. Sentencing Commission. Advisory since United States v. Booker (2005).

See also: Federal Sentencing Guidelines

Variance

A sentence outside the calculated U.S. Sentencing Guidelines range based on the § 3553(a) factors. Distinguished from a "departure," which is a sentence outside the range based on specific Guidelines provisions.

See also: Federal Sentencing Guidelines

Voir Dire

Jury selection. The process of questioning prospective jurors to identify bias and ascertain qualification.

See also: Federal Defense Guidetrial

Warrant

A judicial order. See: Arrest Warrant, Search Warrant, Capias Warrant, Bench Warrant.

Witness Tampering

Federal offense under 18 U.S.C. § 1512 — threatening, harassing, bribing, or otherwise improperly influencing a witness. Substantial penalties.

Zone of Imprisonment

Under USSG § 5C1.1, federal sentencing zones (A, B, C, D) determining whether probation, split sentence, or imprisonment is authorized. Zone A is probation-only; Zone D is prison-only.

See also: Federal Sentencing Guidelines