Click any stage below, or use Next and Previous, to see what happens, what to do, the typical timing, and the governing statute at each step of a Texas criminal case — from arrest to expunction.
Arrest & Booking
First Appearance & Release
Formal Charges
Pretrial
Trial & Sentencing
After Conviction
Step 1 of 16
1
Arrest & Booking
Arrest
What happens
A peace officer takes you into custody on a warrant, on probable cause, or under the warrantless-arrest authority of Article 14.01.
What you should do
Say you are invoking your right to remain silent and want a lawyer, then stop talking. Do not resist, do not consent to searches, and do not try to explain — everything you say becomes evidence.
Your identifying information is collected (fingerprints, photo, biographical data) and you are processed into a county or city jail.
What you should do
Note the county and your booking ID. Assume every jail phone call except those to your attorney is recorded — talk to a lawyer before discussing the facts with anyone.
A magistrate informs you of the charges, advises you of your rights, sets bond, and considers protective conditions. This is your first court appearance.
What you should do
This is where bond is set — have a lawyer ready to argue for a reasonable bond or release on personal recognizance. Read any protective-order conditions carefully; violating one is a new offense.
Release options include cash bond, a surety bond (a bondsman's fee is typically about 10% and non-refundable), personal recognizance, or pretrial supervision. Conditions may include GPS, no-contact orders, or drug testing.
What you should do
Compare the cost and conditions of each option before you sign. A violation of any condition can get your bond revoked and land you back in custody.
Misdemeanors are charged by an information drafted by the prosecutor. Felonies require an indictment from a grand jury (or a formal waiver of indictment).
What you should do
The timeline and strategy shift once charges are formal. Ask your lawyer whether a defense submission could shape — or even head off — the charging decision.
A grand jury hears evidence presented by the prosecutor and votes whether to return a true bill (indictment) or a no-bill (no charges). The proceedings are secret.
What you should do
The process is one-sided, but your attorney can sometimes submit evidence or a written packet beforehand. A no-bill ends the case; an indictment moves it forward.
You appear in court, the formal charge is read, and you enter a plea — not guilty, guilty, or no contest. A trial setting is scheduled.
What you should do
Almost always plead not guilty here to preserve every option. It is not an admission — it simply keeps the case open while your lawyer reviews the evidence.
The State must produce the evidence material to your defense — police reports, witness statements, exculpatory (Brady) material, and expert reports. Texas's Michael Morton Act broadened the prior rule.
What you should do
Make sure your lawyer demands the complete file under Article 39.14 — body-cam footage, lab reports, and any favorable evidence. Gaps and inconsistencies here often win cases.
The defense files motions to suppress (for Fourth, Fifth, or Sixth Amendment violations), motions in limine (to exclude prejudicial evidence), and motions to quash a defective charging instrument.
What you should do
If police violated your rights, a motion to suppress can throw the evidence out. Many issues must be preserved now — they cannot be raised for the first time on appeal.
The large majority of criminal cases resolve by plea. Negotiation covers the charge level, the sentence range, whether deferred adjudication is available, and the conditions.
What you should do
Never accept the first offer without understanding every consequence — immigration, professional licensing, firearm rights, and whether deferred adjudication can keep a conviction off your record.
A panel of prospective jurors is questioned. Each side exercises challenges for cause (unlimited) and peremptory strikes (limited — typically 10 each in a non-capital felony, 3 each in a misdemeanor).
What you should do
Voir dire is where biased jurors are removed. Be candid with your lawyer about anything a juror might hold against you so the panel can be shaped in your favor.
Opening statements, the State's case-in-chief, the defense case, closing arguments, the jury charge, deliberation, and the verdict. The burden is proof beyond a reasonable doubt.
What you should do
The State must prove every element; you never have to testify or prove innocence. The decisions about testifying and the jury charge are critical — make them with your counsel.
The sentence is set within the statutory range. Texas lets the defendant elect punishment by the judge or the jury. Mitigation evidence — character letters, expert testimony, treatment records — is presented.
What you should do
Choosing judge or jury for punishment is a major strategic decision. Gather mitigation early: letters of support, proof of treatment, and steady employment.
A direct appeal challenges legal errors in the trial record. A Court of Appeals reviews the case; the Court of Criminal Appeals reviews discretionary petitions and death-penalty cases.
What you should do
You generally have 30 days from sentencing to file notice of appeal. An appeal is a review of legal error, not a new trial — the deadlines are unforgiving, so act fast.
Habeas relief addresses constitutional violations not raised on direct appeal — ineffective assistance of counsel, newly discovered evidence, Brady violations, and actual-innocence claims.
What you should do
Habeas raises issues outside the trial record. The procedural rules are strict, so work with an attorney experienced in writs and gather supporting evidence carefully.
An expunction destroys arrest and court records. An order of non-disclosure seals records from the public while keeping them visible to law enforcement and certain agencies.
What you should do
Confirm your waiting period and eligibility before you file — a single new charge can disqualify you. Once you qualify, expunction wipes the record and non-disclosure seals it.
L&L Law Group represents clients across North Texas counties for DWI, assault, drug crimes, juvenile defense, outstanding warrants, bond reduction, and expunction matters.