Felony offense are crimes which by law a person can serve time in the Texas prison system, pay a fine and are divided into four classes.
State Jail offenses are punishable by a term of imprisonment from 180-days to two years and an optional fine not to exceed $10,000.
Third degree felony offenses are punishable by a term of imprisonment from two year to ten years and an optional fine not to exceed $10,000.
Second degree offenses are punishable by a term of imprisonment from two years to twenty years and an optional fine not to exceed $10,000.
First degree offenses are punishable by a term of imprisonment from five years to 99 years/ life and an optional fine not to exceed $10,000.
If I have been arrested for a felony or suspected by the police to have committed a felony, what should I do?
In Texas all felony charges must be presented to a grand jury who must determine if there is probable cause to return an indictment against the arrested person.
This process gives person charges with felony offense a unique opportunity to get an examining trial to review the evidence against them and make a presentation to the grand jury when appropriate.
You also may be able to arrange to turn yourself in to keep from being arrested and to arrange for a more favorable bond.
If the case is indicted and sent to the court then the criminal cases will be disposed of one of the following ways:
1. The case is dismissed
If the case is dismissed then arrested person can have all the records expunged from the criminal history file.
2. The person pleads guilty and accepts a plea bargain.
The are three typical plea scenarios:
a. You accept jail time and sit out the case which is a final conviction
b. You accepted regular probation (0- ten years plus a fine and court cost) which is a final conviction, but you avoid jail time if you do not violate the probation
c. You accept a deferred probation (0-ten years plus a fine and court cost), which is not a final conviction and may be later sealed, and you avoid jail time as long as you do not violate your probation.
3. Plead not guilty and have a jury trial.
Jury trials typically take several days. Each side has the right to present witnesses. The jury decides if the State has met the burden of proof required by law.
4. Plead not guilty and have a trial by judge.
This trial is usually less formal than a jury trial. The judge decides if the State has met the burden of proof.
5. Set the case for a motion and either the case is dismissed.
If there is a legal issue such as an illegal arrest or search, the case can be set for a motion to suppress, which if granted may preclude the State from introducing illegally obtained evidence and may effectively result in the case being dismissed,
Common questions:
What happens after I am arrested?
In most cases, the charge will be filed with the District Attorney's office. You will receive a court date after you bond out. Your case will be assigned to an assistant District Attorney to handle it during the Grand Jury process. If the case is "true billed" then it will be sent to one of the courts. Another DA will be assigned to review the case and make you a plea offer. You have to decide to either accept the plea offer or contest the charge.
What happens if I miss the court date?
In most cases the judge will issue another warrant for your arrest. In some cases if you act quickly, the judge may set aside the bond forfeiture and allow you to reset the case.
Can the case be dismissed?
In Texas , only the District Attorney can present a motion to dismiss the case. The judge has no authority to dismiss a case on his own power. Some case can be dismissed.
Charges are not dismissed easily but there are steps you can take to enhance your chances of having the case dismissed.
Cases are not dismissed just because the victim does not wish to prosecute.
Do I need an attorney to accept a plea bargain?
Yes, you need an attorney to review your case. The judge or the DA is prohibited from giving you legal advice.
An attorney can review you case and negotiate a more favorable plea bargain.
Can I keep this of my record?
Arrest records can be expunged in certain circumstances.
Some court records can also be sealed after successful completion of a deferred probation and the required waiting period.
If I am guilty do I have options?
Yes, there is a wide range of punishment in most cases. If you do not wish to contest the charge then it is critical to negotiate the best possible plea offer.
There are steps you can do before the plea bargain to obtain a better plea bargain or lessen the conditions of probation.
Taking the right steps such as obtaining counseling, obtaining employment, drug treatment, bringing witnesses to court can sometime place you in a better position.
Felony offense are crimes which by law a person can serve time in the Texas prison system, pay a fine and are divided into four classes.
State Jail offenses are punishable by a term of imprisonment from 180-days to two years and an optional fine not to exceed $10,000.
Third degree felony offenses are punishable by a term of imprisonment from two year to ten years and an optional fine not to exceed $10,000.
Second degree offenses are punishable by a term of imprisonment from two years to twenty years and an optional fine not to exceed $10,000.
First degree offenses are punishable by a term of imprisonment from five years to 99 years/ life and an optional fine not to exceed $10,000.
If I have been arrested for a felony or suspected by the police to have committed a felony, what should I do?
In Texas all felony charges must be presented to a grand jury who must determine if there is probable cause to return an indictment against the arrested person.
This process gives person charges with felony offense a unique opportunity to get an examining trial to review the evidence against them and make a presentation to the grand jury when appropriate.
You also may be able to arrange to turn yourself in to keep from being arrested and to arrange for a more favorable bond.
If the case is indicted and sent to the court then the criminal cases will be disposed of one of the following ways:
1. The case is dismissed
If the case is dismissed then arrested person can have all the records expunged from the criminal history file.
2. The person pleads guilty and accepts a plea bargain.
The are three typical plea scenarios:
a. You accept jail time and sit out the case which is a final conviction
b. You accepted regular probation (0- ten years plus a fine and court cost) which is a final conviction, but you avoid jail time if you do not violate the probation
c. You accept a deferred probation (0-ten years plus a fine and court cost), which is not a final conviction and may be later sealed, and you avoid jail time as long as you do not violate your probation.
3. Plead not guilty and have a jury trial.
Jury trials typically take several days. Each side has the right to present witnesses. The jury decides if the State has met the burden of proof required by law.
4. Plead not guilty and have a trial by judge.
This trial is usually less formal than a jury trial. The judge decides if the State has met the burden of proof.
5. Set the case for a motion and either the case is dismissed.
If there is a legal issue such as an illegal arrest or search, the case can be set for a motion to suppress, which if granted may preclude the State from introducing illegally obtained evidence and may effectively result in the case being dismissed,
Common questions:
What happens after I am arrested?
In most cases, the charge will be filed with the District Attorney's office. You will receive a court date after you bond out. Your case will be assigned to an assistant District Attorney to handle it during the Grand Jury process. If the case is "true billed" then it will be sent to one of the courts. Another DA will be assigned to review the case and make you a plea offer. You have to decide to either accept the plea offer or contest the charge.
What happens if I miss the court date?
In most cases the judge will issue another warrant for your arrest. In some cases if you act quickly, the judge may set aside the bond forfeiture and allow you to reset the case.
Can the case be dismissed?
In Texas , only the District Attorney can present a motion to dismiss the case. The judge has no authority to dismiss a case on his own power. Some case can be dismissed.
Charges are not dismissed easily but there are steps you can take to enhance your chances of having the case dismissed.
Cases are not dismissed just because the victim does not wish to prosecute.
Do I need an attorney to accept a plea bargain?
Yes, you need an attorney to review your case. The judge or the DA is prohibited from giving you legal advice.
An attorney can review you case and negotiate a more favorable plea bargain.
Can I keep this of my record?
Arrest records can be expunged in certain circumstances.
Some court records can also be sealed after successful completion of a deferred probation and the required waiting period.
If I am guilty do I have options?
Yes, there is a wide range of punishment in most cases. If you do not wish to contest the charge then it is critical to negotiate the best possible plea offer.
There are steps you can do before the plea bargain to obtain a better plea bargain or lessen the conditions of probation.
Taking the right steps such as obtaining counseling, obtaining employment, drug treatment, bringing witnesses to court can sometime place you in a better position.
