What is the Criminal Procedure?
Denton County Criminal Defense Lawyers – Call (940) 580-2899
If you have been arrested in Denton County, Texas, the first step in an
aggressive defense of your rights is for you to contact an experienced
advocate. Our attorneys at the Law Offices of Tim Powers are former chief
prosecutors and assistant district attorneys who are now dedicated to
criminal defense of all Texans from our offices in Denton County. Texas
criminal procedure underpins all of prosecution and defense in the state,
protecting the rights of defendants and the constitutional rights of all
Schedule your complimentary consultation today!
Your drunk driving, sexual assault, domestic violence, theft, or any other
case begins when there is probable cause to believe that a crime has been
There are three ways that a case can be brought to court:
- Arrest of the accused at the scene of the crime or soon thereafter
- Arrest based on a warrant issued by a court as a result of a sworn complaint
- Arrest based on an indictment by a grand jury after investigation
The arrested individual may be taken to various substations and city jails
before eventually being housed in the county jail. Very rarely will he
or she be available immediately to be bailed out of jail. Until the network
of government clerks, prosecutors, and law enforcement have completed
the paperwork and computer entries necessary for identifying and formally
charging the individual, the individual won't be recognized on the
system. No notice will be given to family or friends waiting to bail out
the accused when they have made the system. The best they can do is to
have a bondsman continuously check the status of the accused's case.
If a warrant is issued as a result of a complaint or indictment, the accused
will be subject to arrest at any place and at any time. The accused cannot
assume that if the crime is a misdemeanor, law enforcement won't knock
down a door or embarrass him or her at work. Very often there are financial
incentives to peace officers serving warrants and a misdemeanor warrant
may be more palatable to a peace officer than some murder warrant.
Our advice is to contact our firm, the Law Offices of Tim Powers, when
it becomes known or suspected that a warrant has been issued. We have
access to the Denton County and other county computer systems and can
verify and monitor warrants.
In Denton County, the district attorney makes the decision whether to charge
a person with a crime. A federal prosecutor is more likely to seek an
indictment before issuing an arrest warrant or summons.
In the majority of cases, one of the assistants stationed at the intake
division of the District Attorney's office will review a case for
filing. More often than not, this will involve a single phone call from
an officer on the scene. During the call, the officer will explain to
the assistant the facts of his case and the assistant will make the immediate
decision whether probable cause exists to charge a crime.
In most federal cases and some state cases, a lengthy investigation ensues
before the decision is made to file a charge. Usually the person being
looked at knows of the investigation. If this person has experienced legal
counsel, he or she may be able to re-direct the focus of the investigation,
or at the very least provide the investigator exculpatory information.
The person making the arrest must, without unnecessary delay, take the
accused before a magistrate. The magistrate must inform the accused of
constitutional rights and determine whether probable cause exists for
the arrest. This first appearance usually occurs within 24 hours of the arrest.
Sometimes, the accused bails out of jail before the appearance before the
magistrate. In these cases, the trial judge may bring the accused before
the bench on the first setting to explain the constitutional rights and
review probable cause to determine whether bail is sufficient. This is
one of the most important reasons we advise charged citizens to get legal
representation early. A skilled lawyer may be able to dissuade the judge
from raising bail or attaching bail conditions.
For many crimes, bail has been previously determined by the courts and
is in a list of standard bail amounts. In certain circumstances, bond
is denied to the accused. The judge assigned to the case may set bail
or change the bail amount depending on the circumstances. In federal court,
the magistrate will usually require that an accused satisfy the conditions
of a pretrial release.
In some circumstances, bail is set too high for the accused to get out
of jail. This happens quite often in theft or drug cases since the bail
amount is initially determined by a multiplication of the value of the
alleged loss in the theft case or the street value of the drugs (notwithstanding
the recognized unconstitutionality of this approach).
When bail is set too high, there are formal and informal techniques the
accused's lawyer must use to reduce the amount. Because bail is supposed
to be set for the purpose of assuring the accused returns to court, oftentimes,
the relationship the lawyer has with the prosecutor plays a role in getting
the bail amount reduced. If the prosecutor is comfortable that the accused
is not about to flee, he may agree to a reduction. If no agreement can
be made, then the lawyer must turn to the judge. The judge may, after
hearing the facts of the case and the life circumstances of the accused,
informally reduce the bail amount. In other cases, a writ of habeas corpus
must be filed and prosecuted.
The federal system has a pretrial service agency that administers the pretrial
release of prisoners. Essentially, pretrial service has replaced the familiar
bail system found in state courts, and it does a very good job.
Some Texas counties, like Denton County, have a pretrial release department.
Paradoxically, the department is rarely used to replace the traditional
bail system. In many courts, the judge only uses the pretrial department
to administer additional conditions attached to the accused's bail.
This is not to say that a judge can't release a prisoner on pretrial
supervision without requiring a surety bond, and pretrial will interview
the accused shortly after arrest, but this will continue to be a rare
occurrence unless legislation forces a philosophy change in our judges.
The district attorney is required to present felony cases to the grand
jury. Most presentations before the grand jury are without witnesses.
A misdemeanor charge does not require a grand jury indictment. In some
cases, it might be advantageous for an attorney to fight the case at the
grand jury stage in order to convince them to dismiss a client's case.
Oftentimes, we at the Law Offices of Tim Powers prepare and present information
packets to the grand jurors to review. A letter to the foreman of the
grand jury usually accompanies this explaining why we believe the case
should be "no billed."
It should be remembered that the grand jury does not determine guilt or
innocence. The members of the grand jury can very easily have serious
doubts about the guilt of the accused and still indict. It is concerned
only with probable cause. The body understands that it is only one step
in the process of prosecution. As such, it indicts in the overwhelming
majority of cases.
Only on rare occasions will we allow our client to testify in front of
the grand jury. There is no right to representation in the grand jury
room and the prosecutor has unimpeded access to the accused while he or
she is testifying. The accused is placed under oath and everything said
is taken down by a court reporter. Once the testimony is memorialized,
there is no reworking of his or her defense. Therefore, unless we feel
perfectly comfortable that the prosecution is on board with our version
of the facts, our Denton County criminal defense attorneys don't run
the risk of leaving our client unprotected in the grand jury room.
An indictment is the loss of a battle, not the war. Most of our dismissals
are given after indictment. However, there is at least one very important
reason for attempting to achieve a "no-bill" if possible or
a dismissal before indictment. In such a circumstance, the accused may
have the ability to have the case expunged from the record. This is an
obvious advantage in serious felony cases.
The first appearance of the accused after indictment is called an arraignment.
Unless formal arraignment is waived, the judge will verify the identity
of the accused and ask for his plea.
Except in federal court, which continues to maintain its formality, arraignment
has gone the way of the dinosaurs. Very likely, if the accused is represented,
arraignment will be anticlimactic. He or she will probably not be called
on to do anything at the first setting aside from identifying him or herself
at the docket call.
Seek the support you need to understand Texas criminal procedure. Whatever
crime you have been charged with,
contact the Law Offices of Tim Powers
at (940) 580-2899 for a free consultation. We proudly serve Denton County.