Court Procedure & Trials
Jury duty, jury selection, sentencing, trial process, courthouse procedure, and appellate review in Texas.
Topic Overview
Texas criminal procedure moves through a defined sequence — arrest, magistration, indictment or information, arraignment, pretrial motions, plea negotiation, trial, sentencing, appeal — and the strategic leverage shifts dramatically at each stage. The Texas Code of Criminal Procedure structures the timeline, the Rules of Evidence govern admissibility, and the Constitution (state and federal) sets the floor on the defendant's procedural rights. Voir dire, motion practice (Motion to Suppress under art. 38.23, Motion in Limine, Brady requests under Brady v. Maryland), discovery under the Michael Morton Act (art. 39.14), jury selection, and the prosecution's burden to prove every element beyond a reasonable doubt all combine to determine the trial outcome. Reggie London and Njeri London, Co-Founding Partners at L and L Law Group, try cases to verdict in Collin, Dallas, Denton, and Tarrant county district and county courts. The posts below cover the arraignment process, the difference between an indictment and an information, the grand jury process and target/witness/subject distinctions, voir dire strategy, the motion-to-suppress mechanic, the trial sequence (opening statements through verdict), and the post-conviction appeal pathway.
Related Tools, Guides & References
Compendium Pillar
Texas Punishment Ranges Master Guide — the in-depth reference on this topic with statute citations, decision trees, and case-law analysis.
Interactive Calculators
Run the numbers: Texas Statute of Limitations Checker, Texas Bond Amount Estimator, Texas Court Cost / Fine Calculator.
Legal Glossary
Defined terms: Voir dire, Motion to suppress, Brady material.
Practice Area
If you are facing a charge, see Criminal Defense — Practice Areas for representation details.
Key Defined Terms
- Voir Dire
- The jury-selection process under Tex. Code Crim. Proc. art. 35.17 where attorneys question potential jurors to identify grounds for challenge for cause and exercise peremptory strikes.
- Motion to Suppress
- A pretrial motion under Tex. Code Crim. Proc. art. 38.23 asking the court to exclude evidence obtained through an unconstitutional search, seizure, or interrogation.
- Brady Material
- Evidence in the State's possession that is favorable to the defense and material to guilt or punishment. Disclosure is constitutionally required under Brady v. Maryland (1963) and codified in Tex. Code Crim. Proc. art. 39.14.
Frequently Asked Questions
What is voir dire in a Texas criminal trial?
The jury-selection process under Tex. Code Crim. Proc. art. 35.17 — where the State and defense question the panel of potential jurors to identify bias, exposure to publicity, or other grounds for challenge. Each side has a fixed number of peremptory challenges (10 in non-capital felonies, 15 in capital cases) plus unlimited challenges for cause. The selected jury must be unanimous in any felony verdict.
What is a Motion to Suppress in Texas?
A pretrial motion under Tex. Code Crim. Proc. art. 38.23 asking the court to exclude evidence obtained through an unconstitutional search, seizure, or interrogation. The hearing is typically conducted outside the jury's presence. If the motion is granted, the excluded evidence cannot be used at trial — often leading to case dismissal in drug, DWI, and weapons cases where the disputed evidence is the State's central proof.
What is the Michael Morton Act?
Tex. Code Crim. Proc. art. 39.14, as significantly amended in 2013 (HB 1133), the discovery statute requiring the State to produce all material evidence — including all witness statements, expert reports, electronically stored information, and physical evidence — that the State intends to use at trial OR that is favorable to the defense. Compliance is monitored through a Brady disclosure log, and willful violation can support a Strickland ineffective-assistance claim against the prosecutor.
What is the difference between a grand jury and a trial jury in Texas?
A grand jury is a panel of 12 citizens (with one or two alternates) convened under Tex. Code Crim. Proc. Chapter 19 to consider whether the State has presented sufficient evidence to indict a felony case. Proceedings are secret, the defendant has no right to be present, and the State presents one-sided evidence. A trial jury (petit jury) of 12 in felonies and 6 in misdemeanors hears the actual case in open court with full adversarial process.
What is the right to a speedy trial in Texas?
Both the federal Sixth Amendment and Tex. Const. Art. I, §10 guarantee the right to a speedy trial. The Barker v. Wingo (1972) factors guide the analysis: length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant. There is no specific number of days; Texas courts apply Barker on a case-by-case basis. Delay attributable to the State weighs heavily against the State.
Sequestered Jury Texas — When and Why It Happens
Texas jury sequestration — when courts isolate jurors, process, modern alternatives.
Hung Jury in Texas — What Happens Next
Texas hung jury consequences — mistrial, retrial, statutory framework.
Grand Jury vs Petit Jury in Texas — What's the Difference?
Texas grand jury vs petit jury — distinct roles, processes, and consequences.
Texas Voir Dire Process — How Juries Are Selected
Texas voir dire process — jury selection questioning, challenges, attorney strategy.
What Happens If I Miss Jury Duty in Texas?
Personal answer to missing Texas jury duty — consequences, response, remedy.
Jury Duty Excuse Letter Template for Texas
Texas jury duty excuse letter template — what to include, how to format, when to use.
What to Say to Not Get Picked for Jury Duty
Voir dire responses likely to result in not being selected for Texas jury — honest approaches.
How Much Do You Get Paid for Jury Duty in Texas?
Texas jury duty payment amounts — state minimum, county supplements, federal rates.
What Are the Chances My Jury Duty Group Gets Called In?
Probability of being called from Texas jury duty pool — statistical likelihood and factors.
How Does Jury Duty Work? Texas Process Step-by-Step
Complete Texas jury duty process — from summons to verdict, step-by-step.
What Happens If You Miss Jury Duty the First Time?
Texas first-time missed jury duty consequences — typical court response, rescheduling, mitigation.
What to Wear for Jury Duty Texas
Texas jury duty attire — what to wear and what to avoid for courthouse appearance.
What Happens If You Skip Jury Duty in Texas
Consequences of skipping Texas jury duty — escalation, fines, attempting to avoid service.
How Do You Get Picked for Jury Duty? Texas Selection Process
Texas jury selection process — pool sourcing, random selection, voir dire, final selection.
What Happens If You Don't Show Up for Jury Duty in Texas
Texas consequences for not showing up to jury duty — escalation pattern, fines, contempt.
What to Wear to Jury Duty — Texas Court Dress Code
Texas jury duty dress code — appropriate attire for courthouse, what to avoid.
Do You Get Paid for Jury Duty in Texas? Compensation Rules
Texas jury duty compensation rules — pay rates, employer obligations, what's included.
What Is Jury Duty? Complete Guide for Texas Residents
Complete Texas jury duty guide — service process, types of juries, civic responsibility.
How to Get Out of Jury Duty Legally in Texas
Legal ways to be excused from Texas jury duty — statutory exemptions, hardship excuses, deferrals.
What Happens If You Miss Jury Duty in Texas?
Texas consequences for missing jury duty — fines, contempt, judicial responses, how to remedy.