Texas Criminal Procedure Master Guide

Arrest & Book-in

Texas arrest authority is governed by Code of Criminal Procedure Chapter 14. A peace officer may arrest with a warrant or, for certain offenses observed in their presence, without a warrant. Booking happens at the county jail — fingerprints, photographs, property inventory.

Your rights during arrest: Fifth Amendment silence, Sixth Amendment counsel, Fourth Amendment limits on search. Anything you say can become evidence.

Magistration

Under CCP Article 15.17, a magistrate must read the charges, provide Article 15.17 warnings, and address bond within 24-48 hours of arrest. Magistration happens by video at most county jails.

Article 15.17 warnings: right to remain silent, right to an attorney, right to have an attorney present during questioning, statements may be used against you, can terminate questioning at any time.

Bond & Pretrial Release

Bond is set per CCP Article 17.15 considering offense severity, prior history, community ties, and risk of flight. Options: cash bond, surety (bail bondsman), Personal Recognizance (PR) bond, or pretrial supervision conditions.

Bond reduction motion: initial magistrate bond is not the last word. The trial court can reduce excessive bond. We file these regularly when the standard schedule produces oppressive bonds. See our bond reduction page.

DA Intake & Charging Decision

The District Attorney's office reviews the police report, evaluates evidence sufficiency, and decides whether to file charges. For felonies, the case goes to the grand jury for indictment (CCP Chapter 20). For misdemeanors, the DA files an information (CCP Chapter 21).

Pre-indictment window: the highest-leverage time. We submit pre-indictment letters with factual context, witness inconsistencies, suppression issues, and mitigation. About 25-35% of contested submissions produce no-bill, reduction, or pretrial diversion offers.

Arraignment

The defendant appears, hears the indictment/information read, and enters a plea (almost always "not guilty" at this stage). Counsel can typically waive physical appearance. Bond conditions may be modified.

Discovery (Michael Morton Act)

Texas CCP Article 39.14 — the Michael Morton Act — requires prosecution to produce all evidence material to the defense. Police reports, witness statements, exculpatory evidence (Brady), impeachment material (Giglio), expert reports, lab results, photographs, video.

We file Article 39.14 motions early and follow up aggressively. Late disclosure is suppression material.

Pretrial Motions

Critical defense work. Common motions:

• Motion to Suppress (CCP Article 38.23) — exclude evidence obtained in violation of Fourth Amendment, Fifth Amendment, or Texas constitutional/statutory provisions
• Motion to Quash — challenge defective indictment
• Motion in Limine — keep prejudicial evidence from jury
• Franks Hearing Motion — challenge search warrant affidavit (Franks v. Delaware)
• Motion for Continuance — additional preparation time
• Motion for Change of Venue — when pretrial publicity prevents fair trial

Plea Negotiation

Most Texas felony cases (and the vast majority of misdemeanors) resolve through plea negotiation. Outcomes range:

• Pretrial intervention / pretrial diversion → dismissal on completion
• Deferred adjudication (CCP Article 42A.101) → dismissal on completion + nondisclosure eligibility
• Probation (community supervision) → no jail time, conditions apply
• Plea to lesser-included offense → reduced charge
• Plea to original charge with capped sentence → certainty in exchange for trial waiver

Trial (Jury or Bench)

Texas felony jury = 12 persons (CCP Article 33.01); misdemeanor = 6 (CCP Article 33.01). Defendant may waive jury and try to the bench. Trial phases:

1. Voir dire (jury selection)
2. Opening statements
3. State's case-in-chief
4. Defense case (optional — defendant has no obligation to present evidence)
5. Rebuttal evidence
6. Closing arguments
7. Jury charge (judge's instructions)
8. Deliberation
9. Verdict

Punishment Phase

If guilty, sentencing proceeds. Defendant elects judge or jury sentencing pre-trial. Evidence at punishment includes prior convictions, character witnesses, mitigation, and victim impact statements. For 3g offenses (CCP Article 42A.054), jury-only probation is available.

Direct Appeal

Notice of appeal must be filed within 30 days of judgment. Appeal to the Texas Court of Appeals for the jurisdiction. Common appellate issues: evidentiary errors, jury charge errors, sufficiency of evidence, ineffective assistance.

Post-Conviction Relief

After direct appeal: habeas corpus under CCP Article 11.07 (felony) or 11.072 (community supervision). Federal habeas under 28 U.S.C. § 2254 after state remedies exhausted. Grounds include ineffective assistance of counsel, actual innocence, Brady violations, new evidence.