What to Expect During a Criminal Trial in Texas
Feb. 5, 2025
Facing a criminal trial can be one of the most intimidating and stressful experiences of a person’s life.
Whether you’re a defendant or a loved one supporting someone accused of a crime, understanding the trial process is essential.
Although this can be a stressful time, you should know that you have the legal right to a criminal defense attorney who will help you through the process.
Texas Defenders in Dallas, Texas, and San Antonio, Texas can let you know what you can expect during a criminal trial. We’ll provide clarity and information on this legal process.
Pre-Trial Preparations
Before the trial begins, several critical steps take place to make sure both sides are ready to present their case. Pre-trial preparation is an essential phase where evidence is gathered, witnesses are identified, and legal strategies are developed. During this phase, you can expect the following:
Arraignment: The defendant is formally charged and enters a plea of guilty, not guilty, or no contest. This is often the first formal interaction with the court and sets the stage for the trial.
Discovery: Both the prosecution and defense exchange evidence, witness lists, and other pertinent information. This process creates transparency and fairness by allowing both sides to prepare their case based on the same set of facts.
Motions: Pre-trial motions may be filed to suppress evidence, dismiss charges, or address other legal matters. These motions can significantly impact the course of the trial, potentially shaping what evidence is admissible or whether certain charges will stand.
Jury Selection: Potential jurors are questioned by both parties during the voir dire process to create a fair and impartial jury. This stage is crucial, as the composition of the jury can influence the outcome of the trial.
Pre-trial preparation is vital for setting the stage for the trial itself. Working closely with an experienced criminal defense attorney can make a significant difference in building a strong defense. This phase often involves meticulous planning, including strategizing how to counter the prosecution’s arguments and presenting compelling evidence.
The Trial Process
Once the trial begins, it typically unfolds in a series of structured phases. Each phase plays a crucial role in determining the outcome of the case.
Opening Statements
The trial starts with opening statements from both the prosecution and the defense. These statements provide an overview of the case and outline the evidence and arguments each side intends to present.
While not considered evidence, opening statements set the tone for the trial. They help jurors understand the narrative each side will present and prepare them for the evidence they’ll evaluate.
Presentation of Evidence
The heart of the trial lies in the presentation of evidence. This is where both sides attempt to prove their case to the jury. The types of evidence presented may include:
Physical Evidence: This type of evidence can include weapons, documents, or other tangible items related to the case. Physical evidence is often crucial in establishing facts and providing a concrete basis for arguments.
Testimony: Statements from witnesses, including experts, law enforcement officers, and others with relevant knowledge, are considered testimony. Witness testimony can provide firsthand accounts and expert knowledge that support the case.
Video or Audio Recordings: These recordings can include surveillance footage, recorded conversations, or other multimedia evidence. Such evidence can offer a compelling and often indisputable perspective on the events in question.
Photographs: Images help establish facts or corroborate testimony. Photographic evidence can be especially impactful in illustrating the scene of the crime or injuries sustained.
After the prosecution presents its evidence, the defense has the opportunity to cross-examine witnesses and present its own evidence. This back-and-forth process allows both sides to challenge the credibility of the other’s case. Effective cross-examination can highlight inconsistencies in testimony or raise doubts about the reliability of evidence.
Closing Arguments
Once all evidence has been presented, both sides deliver closing arguments. These arguments summarize the case, highlight key evidence, and attempt to persuade the jury to render a verdict in their favor.
Closing arguments often have a powerful impact on the jury’s decision-making process. Attorneys use this opportunity to tie together the evidence and emphasize the strengths of their case while addressing potential weaknesses.
The Job of the Jury
In Texas, most criminal cases are decided by a jury. Jurors are tasked with evaluating the evidence, deliberating, and reaching a unanimous decision on the defendant’s guilt or innocence. During deliberations, jurors consider:
The credibility of witnesses and their testimony.
The strength and relevance of the evidence presented.
Whether the prosecution met the burden of proof beyond a reasonable doubt.
The jury’s verdict can result in an acquittal, a conviction, or, in some cases, a hung jury. If the jury can’t reach a unanimous decision, the judge may declare a mistrial, and the case could be retried. Jury deliberations are conducted in private, and jurors are instructed to base their decision solely on the evidence and testimony presented during the trial.
Sentencing and Appeals
If the defendant is convicted, the trial moves to the sentencing phase. During sentencing, the court determines the appropriate punishment based on the severity of the offense, prior criminal history, and other relevant factors. Sentences in Texas can range from fines and probation to imprisonment or even the death penalty for capital offenses. The sentencing phase may include:
Victim Impact Statements: Statements from victims or their families about how the crime affected them.
Mitigating Evidence: Evidence presented by the defense to argue for a lighter sentence.
Recommendations: Sentencing recommendations from the prosecution and defense.
After sentencing, the defendant has the right to appeal the conviction or sentence. Appeals focus on legal errors that may have occurred during the trial, such as improper admission of evidence or judicial misconduct.
An experienced criminal defense attorney can help with this process and fight for a favorable outcome. Appeals can be lengthy, but they’re an essential part of addressing potential errors in the trial process.
Tips for Defendants During a Criminal Trial
Facing a criminal trial is undoubtedly stressful, but there are steps defendants can take to present themselves in the best possible light:
Dress Appropriately: Wear professional attire to court to convey respect for the judicial process. Your appearance can influence how jurors and the judge perceive you.
Be Respectful: Address the judge as "Your Honor" and follow courtroom etiquette. Demonstrating respect for the court can positively impact your case.
Listen to Your Attorney: Follow your criminal defense attorney’s advice and strategy during the trial. Your attorney’s experience and knowledge are invaluable.
Stay Calm: Avoid emotional outbursts or reactions that could negatively impact the jury’s perception. Maintaining composure helps convey confidence and credibility.
Adhering to these guidelines can help defendants maintain credibility and focus during the trial. Small actions, such as punctuality and attentiveness, can also contribute to a favorable impression.
Key Rights of Defendants in Texas Criminal Trials
Defendants in Texas are entitled to several important rights designed to facilitate a fair trial:
Right to an Attorney: Defendants have the right to legal representation. If they can’t afford a criminal defense attorney, the court will appoint one. This right allows every defendant to have access to a fair defense.
Right to Remain Silent: Defendants aren’t required to testify and can’t be compelled to incriminate themselves. This protection is a cornerstone of the justice system.
Right to a Public Trial: Trials must be open to the public to promote transparency and accountability. Public trials help allow fairness and discourage misconduct.
Right to Cross-Examine Witnesses: Defendants can challenge the prosecution’s witnesses through cross-examination. This right is critical for testing the reliability and credibility of testimony.
These rights are fundamental to protecting defendants from unfair treatment. Understanding and exercising these rights can significantly impact the trial’s outcome.
Common Misconceptions About Criminal Trials
Many people have misconceptions about criminal trials, often fueled by television shows and movies. It’s important to separate fact from fiction:
Trials Are Quick: In reality, trials can take weeks or even months, depending on the case. The legal process is thorough to facilitate fairness and accuracy.
Defendants Must Testify: Defendants aren’t obligated to take the stand, and their silence can’t be used against them. This misconception often leads to unnecessary anxiety for defendants.
The Prosecution Always Wins: While prosecutors have significant resources, a skilled criminal defense attorney can challenge the case effectively and achieve favorable outcomes. Many cases result in acquittals or reduced charges.
Understanding these realities can help manage expectations and reduce anxiety about the trial process. Real-life trials are far more nuanced than their fictional counterparts.
Contact Us for a Quality Criminal Defense Attorney
If you’re facing a criminal trial you need an experienced criminal defense attorney. Texas Defenders serves the DFW area, including Dallas, Fort Worth, Irving, Arlington, Grapevine, Plano, Garland, Frisco, Denton, Mckinney, Greenville, Waxahachie, Mansfield, Burleson, Granbury, Weatherford, and the San Antonio area including Helotes, Leon Valley, Converse, Schertz, La Vernia Lytle, and Castroville, and the Austin area including Del Valle, Manor, Pflugerville, Lago Vista, Lakeway, and Bee Cave. Call us today to get started.