COURT APPEARANCES

 

 

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MISDEMEANOR CASES


Misdemeanors are divided up into 3 categories, Class A, B, and C Misdemeanors. Class C cases are the least serious and are punishable by a fine only, not to exceed $500.00. Class C cases are handled by the Municipal Courts and Justice Courts (Justice of the Peace or “JP”). Common Class C offenses are traffic violations and alcohol violations by minors. Generally, the Defendant can appear through a lawyer and need not attend court, although there are exceptions.


Class A and Class B misdemeanors are filed in the County Court at Law. Class B cases are punishable by jail time up to 180 days and/or a fine not to exceed $2,000.00. Common Class B cases are Driving While Intoxicated-1st, Possession of Marijuana under 2 Oz., and Evading Arrest or Detention. Class A cases are punishable by jail time up to one year and/or a fine not to exceed $4,000.00. Common Class A misdemeanors are Assault-Bodily Injury & Family Violence, Resisting Arrest and Driving While Intoxicated-2nd.

 

FELONY CASES


All felony cases are handled in the District Courts. There are numerous classifications of felonies. State Jail felonies are punishable by not less than 180 days nor more than 2 years in a State Jail Facility. A 3rd degree felony is punishable by not less than 2 nor more than 10 years in the Texas Department of Criminal Justice - Institutional Division. A 2nd degree is punishable by not less than 2 nor more than 20 years, and a 1st degree felony is punishable by not less than 5 nor more than 99 years, or life, in the Texas Department of Criminal Justice - Institutional Division. In each case the fine could be up to $10,000.00. A capital felony is punishable by life without parole or the death penalty. There are also enhanced sentences for repeat felony offenders and serious drug cases that carry even more lengthy prison sentences and larger fines.

 

COURT DATES


If you fail to appear for a court date, a warrant will be issued for your arrest, and when you are arrested, your bond will be set very high, a bail bondsman will charge a high premium to write the bond, and you may be charged with a separate crime of Failure to Appear and be sued by your bail bondsman and/or the State. ALWAYS SHOW UP FOR COURT UNLESS YOUR ATTORNEY TELLS YOU OTHERWISE.

Although every court is different, generally, court dates are as follows:

· ARRAIGNMENT. The first court date. The Defendant is read the charge(s) against him. This setting can be waived with a Waiver of Arraignment.
· NON-EVIDENTIARY PRETRIAL. The second court date. The Defendant and the State file motions and seek rulings from the Court, typically about the discovery of evidence against the Defendant or the charge against the Defendant.
· EVIDENTIARY PRETRIAL. Usually the third court date, or immediately preceding trial. The Defendant and the State file motions and seek rulings from the Court, typically with law enforcement witnesses testifying about the manner in which evidence against the Defendant was acquired.
· PLEA. If a plea agreement is reached, the Defendant waives his rights to a trial and enters a plea of guilty or no contest, and the Court orders a Pre-Sentence Investigation (“PSI”) into the Defendant.
· SENTENCING. Typically the Judge reviews the PSI, approves the plea bargain and pronounces the agreed upon sentence of community supervision or incarceration. In rare cases, however, the Court may reject the plea bargain, and the Defendant can withdraw his plea.
· TRIAL. If no plea agreement is reached, the case is set for a Trial before the Court or a Jury Trial. The trial setting is often preceded by a DOCKET CALL the week before the trial date in which the parties announce “ready or “not ready” for trial and the order of cases set to be tried is established. On the trial date the parties commence VOIR DIRE (jury selection) and the GUILT-INNOCENCE PHASE of the trial begins that day or another day that week. If the defendant is acquitted, the trial is over. If the defendant is convicted, the PUNISHMENT PHASE begins in which the Court or Jury hears evidence regarding an appropriate punishment for the defendant and a sentence is pronounced.

 

 

 

 


The Law Office of Brian Baker
Phone (512) 392 - 2300
San Marcos Texas