Quick answer
Fighting a Texas criminal charge requires four overlapping moves: pretrial motions (suppress evidence, dismiss for insufficiency), discovery (extract every piece of evidence the State has), plea negotiation (when favorable), and trial preparation (when negotiation fails). The defense lawyer's job is to maximize leverage in every category at the same time — the State should never know which path you are committed to until you are ready to commit.
Most criminal cases in Texas end in a plea, not a trial. But cases settle on better terms when the State believes the defense is genuinely prepared to try the case. We approach every case from day one as if it were going to a jury — discovery requests, pretrial motions, expert consultations, jury instructions drafted before plea conversations begin. That preparation is the leverage that produces the dismissal, reduction, or favorable plea many of our clients receive.
What's on this page
The phases of a Texas criminal case
From the date of arrest to final disposition:
- Magistrate first appearance (within 48 hours of arrest) — bond set, probable cause reviewed
- Charging decision — DA's office reviews the case and decides whether to file an information (misdemeanor) or seek indictment (felony)
- Grand jury (felony only) — secret proceeding where the State presents evidence; grand jury returns "true bill" (indictment) or "no bill" (no charges)
- Arraignment — formal reading of charges; defendant enters plea (typically not guilty at this stage)
- Discovery and motions — defense receives State's evidence; pretrial motions are filed and litigated
- Plea negotiation — typically intensifies in the 60-120 days before trial
- Pretrial conference — court confirms readiness for trial
- Trial — guilt phase, then (if convicted) punishment phase
- Sentencing — judge or jury imposes sentence within the statutory range
- Post-conviction relief — motion for new trial, direct appeal, habeas (covered in our appeals page)
Discovery — what the State must turn over
Texas discovery in criminal cases is governed by Code of Criminal Procedure Article 39.14 (the "Michael Morton Act," enacted 2014). The State must disclose:
- All offense reports, witness statements, and physical/electronic evidence in the State's possession
- Exculpatory evidence under Brady v. Maryland, 373 U.S. 83 (1963)
- Impeachment evidence under Giglio v. United States, 405 U.S. 150 (1972)
- Forensic test results and chain of custody documents
- Witness identification procedures
- Prior statements of the defendant
- List of trial witnesses with reasonable notice before trial
What the State is NOT required to disclose:
- Work product of the prosecutor
- Investigative leads not yet developed into evidence
- Privileged communications between prosecutors and law enforcement
Defense counsel must file a discovery request to trigger 39.14 obligations. We file ours within days of arraignment, and we follow up with supplemental requests as we identify specific items.
Pretrial motions that change outcomes
The most consequential pretrial motions in Texas criminal cases:
- Motion to Suppress (Fourth Amendment)
- Excludes evidence obtained through unconstitutional search or seizure. The single most case-winning motion in DWI, drug, and weapons cases. A successful suppression often dictates dismissal.
- Motion to Suppress Statement (Fifth Amendment / Miranda)
- Excludes statements taken in violation of Miranda v. Arizona, 384 U.S. 436 (1966), or Texas Code of Criminal Procedure Article 38.22.
- Motion to Quash Indictment
- Challenges the legal sufficiency of the indictment. Most commonly used when an essential element is omitted or pleadings are vague.
- Motion in Limine
- Pretrial ruling on what evidence can be introduced at trial — particularly Rule 404(b) "extraneous offense" evidence, Rule 412 sexual-history evidence, and other prejudicial material.
- Motion for Continuance
- Buys time for further investigation, expert availability, or witness preparation.
- Motion to Disclose Confidential Informant
- Critical in many drug cases — sometimes results in dismissal when the State refuses to reveal a CI.
- Motion for Speedy Trial
- Forces the State's hand. Useful when the State is delaying to develop evidence or pressure the defendant.
- Brady Motion
- Compels disclosure of exculpatory evidence. Often combined with motions for in-camera review of police files.
Plea negotiation strategy
Plea negotiations succeed when the State believes the defendant is trial-ready and the case has weaknesses. Our negotiation framework:
- Identify the State's weakest evidence. A missing witness, a chain-of-custody problem, a constitutional issue, a body-cam contradiction.
- Present mitigation early. Treatment enrollment, employment verification, family support, no priors, character letters — anything that paints the client as someone the system should give a chance.
- Be specific about what you want. Dismissal, reduction to a lesser-included, pretrial diversion, deferred adjudication, fine-only — and have a reason for each.
- Use county-specific intelligence. Each DFW prosecutor's office has different patterns — Collin treats DWI differently than Dallas; Denton has different family-violence protocols. We know these.
- Negotiate in writing when possible. Verbal offers can change; written offers can be enforced.
- Never accept the first offer without analysis. First offers often have room to move.
Trial preparation
Trial preparation begins the day we are retained, even when we believe the case will plead. The components:
- Witness mapping: Who will the State call? What did each witness see, hear, or do? What is each witness's motivation?
- Expert consultation: DWI cases need toxicologists, accident-reconstruction experts in vehicle cases, forensic accountants in fraud cases, digital forensic specialists in cybercrime cases.
- Theme development: Every trial has a theme — the story that ties the defense together. "Wrong place, wrong time" is different from "I was there but it wasn't a crime" is different from "It was self-defense."
- Voir dire script: Jury selection questions designed to identify favorable jurors and strike unfavorable ones.
- Cross-examination preparation: Each State witness, each line of impeachment, each prior statement.
- Defense witness preparation: Practice testimony, anticipated cross.
- Jury instructions: Drafting the charge that goes to the jury — including any defensive instructions (self-defense, mistake of fact, necessity, etc.).
- Exhibits: Photos, diagrams, demonstratives, video.
Jury selection in Texas
Texas juries:
- 6 jurors for misdemeanor cases (county court at law)
- 12 jurors for felony cases (district court)
- Unanimous verdict required on guilt
- Either side can request 12 in a misdemeanor case (rare)
Each side gets peremptory strikes (no reason required) and unlimited strikes for cause (juror cannot be fair). The voir dire process — questioning the panel — is where strikes are exercised. Defense voir dire is the single best opportunity to seed a defense theme and educate jurors on legal principles before the State puts on evidence.
In Texas, criminal juries also typically decide punishment (if requested by the defendant). Voir dire for sentencing-eligible juries must address sentencing range, probation eligibility, and any aggravating factors.
If your case is at this stage, do not wait for the State to make the next move.
Call (972) 370-5060Email UsKey Texas terms
- Michael Morton Act
- Texas's open-file discovery statute, codified at CCP Article 39.14, requiring prosecutors to disclose evidence to the defense.
- Brady evidence
- Exculpatory evidence that the prosecution must disclose under Brady v. Maryland, 373 U.S. 83 (1963). Suppression of Brady material can result in dismissal or new trial.
- Voir dire
- The jury selection process. From Old French for "to speak the truth."
- Peremptory challenge
- A strike of a prospective juror that does not require justification (subject to Batson v. Kentucky limits on race-based strikes).
Frequently asked questions
How long does a Texas criminal case typically take from arrest to trial?
It depends on the case. Misdemeanors can resolve in 3-9 months; felonies typically take 9-24 months from indictment to trial. Federal cases can take 12-36 months. Complex cases (multi-defendant, white collar, sex crimes with expert evidence) take longer.
Can I demand a speedy trial in Texas?
Yes, both constitutionally (Sixth Amendment / Texas Constitution Article I §10) and statutorily under Code of Criminal Procedure Article 32A.02. The Texas Speedy Trial Act was held unconstitutional in 1987 but constitutional speedy-trial claims remain. Filing a Motion for Speedy Trial preserves the issue and sometimes triggers settlement.
Does my case go to a grand jury before any felony charges are filed?
Yes. In Texas, a person cannot be tried for a felony in district court unless a grand jury has returned an indictment (or the defendant has waived indictment in writing). Misdemeanors do not require grand jury; the State files them by "information."
What happens if a key witness for the State does not show up at trial?
Depends on what the State can prove without that witness. If the missing witness is an alleged victim and there is no other corroborating evidence, the case may be dismissed at trial or weakened in plea negotiations. If the missing witness is a peace officer, the State usually requests a continuance.
Should I testify at my own trial?
It depends on every factor — prior record, the strength of the State's case, your ability to handle cross-examination, what specifically you would add. We have won trials with the defendant testifying and won trials with the defendant invoking the Fifth. The decision is the defendant's, made in consultation with counsel, and is one of the most consequential choices in any case.
Can the prosecutor offer me a deal and then withdraw it?
Yes, until you have accepted the offer on the record. Oral plea offers are not enforceable until placed on the record before a judge. Once placed on the record and accepted, the State generally cannot withdraw without good cause.
What is the difference between guilty, no contest (nolo contendere), and not guilty?
Guilty: admission of the offense. No contest: not admitting but not contesting — has the same effect as guilty for criminal purposes but cannot be used as admission in civil suits. Not guilty: contesting the charges and requiring the State to prove its case beyond a reasonable doubt at trial.
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