Going
to Court
This information is a general
introduction to the Criminal Justice System.
It is not intended to offer legal advice.
Its purpose is to provide a basic explanation of court
terms and describe how a criminal case progresses
through the legal system. We highly recommend
that you hire an attorney of your choice and carefully
follow your attorney's advice at all times.
What
To Do If You or a Loved One Has Been Arrested
If you can make a bond (money to
secure release), then release will be authorized from
jail, but only if there are no other holds.
(A hold is a detainer placed on the prisoner by another
government agency which requires the prisoner be held
pending clearance of the hold). Example: if the prisoner
has unpaid traffic tickets, a hold will remain until
the tickets are paid or served out with jail time.
If the prisoner cannot make bond, or does not qualify
for pretrial release, then the prisoner will remain
in jail while the case is pending.
If
Free on Bond
In most courts if the Defendant
(the person charged) has been able to make bond,
then he/she will be expected to hire an attorney
for representation. However, in some courts if the
defendant can prove that are indigency
(unable to afford to hire an attorney), then the
defendant may request that the court provide a court-appointed
lawyer. The court itself must pay for the services
of the court appointed lawyer. The cost of this
representation may be passed onto the defendant
at a later time, in the form of court fees. A court
appointed lawyer may be either a private lawyer
who takes court appointments or may be a public
defender. (See Defense Attorney.)
If
in Jail
If the defendant remains in Jail
(incarcerated and unable to make a bond) he/she
may hire a private attorney or if indigent, the
court will automatically appoint an attorney. If
the defendant is unable to make a bond and is indigent,
the court will appoint an attorney within 24 hours
of incarceration. The defendant may be contacted
by the lawyer at this time but may not actually
meet with the lawyer until the police formally file
a case. This may take up to 72 hours or longer.
If
Not a U.S. Citizen
If the defendant is not a U.S. Citizen and remains
in jail, in most cases the Immigration and
Naturalization Service (INS) will place
a hold on the defendant. This INS hold will keep
the defendant in jail, whether or not a bond is
made on the criminal case. The way in which the
criminal case is handled will directly affect the
defendant's resident status. This should be one
of the main issues discussed with the attorney.
Therefor, the defendant should seek the advice of
an attorney who specializes in immigration.
Different
Levels of Offenses
At the Frank Crowley Courthouse, offenses are prosecuted
at the lowest level of Class B misdemeanors up to
the highest level of First Degree felonies. Examples
of the level of each type of offense and the possible
ranges of punishment are as follows:
Class
B Misdemeanor
- Confinement
for a term not to exceed 180 days in the county
jail; and/or a fine not to exceed $2,000.
- Example:
DWI (Driving While Intoxicated), Criminal Trespass,
Theft by Check $50 to $500, evading arrest or
detention.
Class
A Misdemeanor
- Confinement
for a term not to exceed one year in county jail;
and/or a fine not to exceed $4,000
- Examples:
a second DWI, Assault, Burglary of a Vehicle,
Unlawfully Carrying a Weapon.
State
Jail Felony
- Confinement
for a term from 180 days to two years in a state
jail; and/or a fine not to exceed 4,000.
- Example:
Credit Card Abuse, Unauthorized use of a Motor
Vehicle, Reckless Injury to a Child.
Third
Degree Felony
- Confinement
for a term from two to ten years in prison; and
an optional fine not to exceed $10,000.
- Example:
a third DWI, Indecency with a Child, Kidnapping,
Possession of a Firearm by a Felon.
Second
Degree Felony
- confinement
for a term from two to twenty years in prison;
and an optional fine not to exceed $10,000.
- Example:
Aggravated Assault or Kidnapping (if the victim
is released unharmed), Arson, Robbery, Sexual
Assault.
First
Degree Felony
- confinement
for life or a term from five to ninety-nine years
in prison; and an optional fine not to exceed
$10,000.
- Example:
Murder, Aggravated Kidnapping, Robbery or Sexual
Assault.
Capital
Felony
- Punishment
in prison for life or death penalty. If the State
does not seek the death penalty, upon conviction,
an automatic life sentence is imposed.
- Where
the State seeks the death penalty, upon conviction,
the jury must answer questions which may result
in either a sentence of life imprisonment or the
death sentence.
- Example:
Murder during the commission of another felony
such as kidnapping, rape or robbery.
How
the Case is Filed and Processed
Misdemeanor
Offenses
- Misdemeanor
cases are filed by the police agency with the
District Attorney's Office.
- If
the District Attorney's Office decides to prosecute
the case, a document is created called an information.
(The information is a written statement filed
and presented on behalf of the State of Texas
by the district attorney, charging the defendant
with an offense.) It provides the defendant with
notice as to the offense for which he stands charged.
- Once
an information has been processed, a file is generated
and the case is randomly assigned to a misdemeanor
court.
Felony
Offenses
- Felony
level offenses are filed by the police agency
with the District Attorney's Office.
- The
District Attorney's Office then generates a charging
instrument known as an indictment. (An indictment
is the written statement of a grand jury accusing
a person therein named of some act or omission
which, by law, is declared to be an offense.)
The indictment puts the defendant on notice regarding
the charges being brought.
- Once
the paperwork has been generated the case is then
set tobe heard by the grand jury. (the grand jury
is a panel of citizens who briefly review the
information provided by the police who then make
a determination whether there is sufficient evidence
to believe that an offense has occurred.)
- Any
person charged with a felony offense has an absolute
right to have his/her case indicted by the grand
jury.
- Once
filed, a felony case is randomly assigned to a
felony court. It may take weeks to months before
a case is actually heard by the grand jury.
- The
grand jury will either issue a true bill of indictment
or a no bill. True bill means that the grand jury
found that there was enough evidence to believe
that an offense did occur and the case will then
be forwarded to the felony court which it was
assigned. A no bill means that the grand jury
did not believe that there was enough evidence
to proceed with the case as it was filed.
What
Happens When I Go To Court?
If the defendant remains in jail he/she will
be brought to the court on the jail chain
(inmates are brought to the courts in a group through
secured access). The defendant will not be brought
to court on his/her own request, but at the request
of the court or the attorney. In most courts this
occurs within two business days after arrest. If the
defendant is not brought down to court or notified
that an attorney has been appointed, then the defendant
should request the sheriff allow written communication
with the court.
If
the defendant is set for a jury trial
(six chosen citizens in mesdemeanors / twelves chosen
citizens in felonies, hear the case and render a verdict)
the defendant will be dressed out in the clothes original
worn when arrested. Family or friends may bring additional
clothes for the trial (see discussion of proper clothes
below). The clothes should be taken to the jail, and
the sheriff will be able to provide them the day of
the trial. At all other times, the defendant is brought
to court in jail uniform.
If
on bond, the defendant will be notified by mail (at
the address the defendant provides when the bond is
signed) as to the date, time and particular court
to appear. On the court date, the defendant should
do directly to that court and have a seat inside the
courtroom at the time indicated on the letter from
the court and if represented by an attorney, follow
instructions of the attorney. The defendant must be
in court on the date and time instructed or the judge
will forfeit the bond for failire to appear which
will cause a warrant to be issued for arrest!
How
the Case Proceeds
Misdemeanor
Cases:
This process begins once the case has been filed
by the police and the District Attorney's Office
drafts an information.
Felony
Cases: This process begins when the Grand
Jury issues a true bill of indictment. Once the
case has been indicted, the process begins.
The
First Appearance Setting
- If
on bond, the defendant must appear in court. It
will be determined at this setting if the defendant
must hire an attorney or qualify for a court appointed
lawyer.
- If
in jail, the person will be brought to the court
on the jail chain. If the defendant cannot afford
to hire an attorney a court appointed attorney
will be appointed.
Announcement
(Pre-Trial) Settings
These settings allow both the defense lawyer
and the assistant district attorney an opportunity
to discuss the case and determine if the case will
be dismissed, plea bargained (a plea bargain is
a resolution of the case where both the disctrict
attorney and the defendant agree to a certain punishment).
If no plea bargain is reached, the case may be set
for a jury trial or a trial before the court.
(A trial before the court is a trial to a judge
without a jury.)
Generally,
a case may be set and postponed two or three times
or more before the defendant must decide whether
to set the case for a plea of guilty or trial (plea
of not guilty). One additional choice theb defendant
has is to set the case for a plea of guilty, even
though no plea bargain is reached and elect to have
either the judge or a jury decide the punishment/sentence.
A defendant on bond may be required to appear in
court every time the case is set on the court's
docket, regardless of the type of setting and regardless
of whether that person's attorney must also appear.
If the person is in the jail he or she will automatically
be brought to court for all disposition
settings (a disposition setting is a plea
of guilty, no contest or a trial or formal pre-trial).
Final
Announcement Setting
At this setting it must be determined and
decided by the defendant whether to accept a plea
bargain agreement with the Assistant District Attorney
or to have a trial.
In
many courts, once a case is set for trial of any
kind, any plea bargain offer is considered rejected
and may not be offered again.
Plea
Setting
If
a defendant chooses not to have a jury or bench
trial, then the case is set for a plea. At the plea
setting a person enters a plea of either guilty
or nolo contendre to the charges. (A plea of nolo
contendre means the person is not pleading guilty
but chooses to "not contest" the charges
brought against him. It has the same legal effect
as pleading guilty to the charge.) A defendant who
pleads guilty to the charge may accept either the
plea bargain offered by the District Attorney, or
may enter a plea of guilty and request the judge
or jury to set the punishment/sentence.
Trial
Setting
Every defendant charged with a criminal
offense has an absolute right to plead not guilty
to the charge and have a trial by jury or a trial
before a judge (bench trial). In either
case, the State of Texas, through an Assistant District
Attorney, must prove the defendant guilty of the
offense charged beyond a reasonable doubt. In a
misdemeanor trial there are six jurors who hear
the evidence presented in the trial. At the felony
level there are twelve jurors. There are three possible
phases to each jury trial. They are: voir dire (jury
selection phase); guilty/innocence phase (the time
during the trial when evidence is presented); and,
if the defendant is determined to be guilty, the
punishment phase.
A
jury's decision with regard to guilt or innocence
must be unanimous (this means that all six or 12
people must reach the same conclusion as to the
guilt or innocence of the person on trial). If the
jury does not reach a unanimous verdict the judge
may declare a mistrial (also known as a "hung
jury") and the case may be retired.
A
defendant who has been found guilty of an offense
may choose whether the jury or the judge will set
his or her punishment.
In
a bench trial the judge determines the guilt or
innocence of the defendant and sets the punishment.
In a jury trial, the defendant elects whether to
have the judge or the jury set the punishment.
Probation
Depending on a number of factors, the defendant
may be eligible to have a jail sentence probated.
(Probated means that they are not sent to jail but
are released and supervised by the Department of
Community Supervision).
The
Roles of Various Courtroom Personnel
Judge
Each
Misdemeanor and Felony Court has an elected judge
that presides over the court. In our system the
judge is to be impartial and is to base decisions
on the law and evidence that is presented in the
courtroom. For this reason, the judge will not speak
with a person accused of a crime or their friends
or family. You should never attempt to contact the
judge in person, on the telephone or in writing.
You may speak to the judge if you are in the courtroom
with defense counsel present.
Assistant
District Attorney
An Assistant District Attorney is a lawyer employed
by the District Attorney. There are two to three
Assistant District Attorneys assigned to each court.
They conduct jury and bench trials, as well as making
plea bargain recommendations. They are required
to have no contact with the defendant other than
through the defendant's attorney.
Defense
Attorney
The defense attorney can be either retained (hired
by the defendant) or appointed by the court to represent
the defendant. Many of the courts that provide court
appointed attorneys use both private lawyers and
public defenders. Private lawyers may accept criminal
cases for a fee and are paid by the county. Public
defenders are lawyers who are employed directly
by the county and are assigned to work in a particular
court on a full-time basis.
Court
Coordinator/Administrator
This
person works for the judge and handles the day to
day business of the court. The coordinator is usually
responsible for determining if a person is eligible
to receive a court appointed lawyer and is well
informed with regard to the policies and procedures
of each individual judge. If you have questions
regarding court appearances and any other similar
matters concerning your case, you may contact this
person.
Court
Clerks
The
clerks assigned to each court do not work directly
for the judge, but rather, work for the county or
district clerk's office. They process all the paperwork
that is generated in the court. They determine a
person's back time (time already spent in jail)
and calculate applicable fines and court costs.
Court
Bailiff
This
person is an employee of the Dallas County Sheriff's
Department. The bailiff is responsible is responsible
for ensuring the safety of the court, handling jail
prisoners or those taken into custody in the court.
They may also call the docket of the court and inform
the judge is a defendant has appeared in court on
the proper date and time.
Courtroom
Do's and Dont's
Proper
Clothes
Any
time you are to appear in court you should dress
as though you are going to a job interview. Men
shouldl wear pants and a shirt with a collar. A
suit, jacket or tie is always appropriate. Women
should wear a dress, skirt or pants that are not
too tight, too short, or low cut. It is never proper
to wear shorts, t-shirts, or sandals. Excessive
make-up pr jewelry should not be worn. In the courtroom
itself, it is never proper to wear a hat, read a
newspaper, eat or chew gum.
Children
and Court
While
it is important for a person charged with an offense
to have family members and/or friends present for
a trial or sentencing on a case, it is seldom, if
ever, beneficial to have small children present.
If there is a possibility that you may be arrested
at the court or sentenced to jail time you should
not bring children to the court unless you have
someone to care for your child in the event you
are placed in jail. The court may actually contact
CPS (Child Protective Services) to take the child
into custody if a parent is going to jail.
Nothing
stated herein should be construed or interpreted to
grant rights or remedies not otherwise granted under
federal or state law.
This
information is provided as a public service and is
not intended as a substitute for legal advice or representation
by a lawyer.
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