Stages of the Criminal Process | What to Expect at Criminal Court Settings

If you are under investigation, the criminal process has already begun. If you get arrested, the process moves to the next stage, where you will be taken into custody, booked, and given a bond amount. After that, you will soon be required to appear in court.  One of the most common questions we get is, “What should I expect during a court setting?”

If you have never been to a criminal court before (excluding traffic tickets) or if your only exposure has been through jury duty or television, you’ll probably be surprised to find out that there are many court settings before the accused has their so-called “day in court” − where an issue of guilt or legality is argued.

In fact, you may have many criminal court settings where you do not talk to anyone other than your attorney or saying “present” when docket is called. The purpose of many of these court settings is to ensure that everyone is actively working on the cases and to make sure the defendant is still around and in compliance with bond conditions.

In this article, the criminal defense attorneys at Varghese Summersett explain what to expect at each court setting, but first please watch this video by seasoned attorney Tiffany Burks, who discusses the criminal process in Texas.

Step 1. The Criminal Investigation

A criminal investigation may be prompted by a 911 call, an officer’s observations, an informant’s tip, or an allegation. During the course of the investigation, officers will look for evidence of a crime, and investigate possible suspects. The investigation may happen on-scene immediately after the report, or may take many days or weeks to be completed. A lead detective will be assigned to the case. The lead detective coordinates the investigative efforts and is responsible for directing the investigation. The detective can assign duties to other officers to complete. During the investigative phase, the detective may attempt to get a statement from you. Remember to contact an experienced criminal defense attorney before ever considering giving a statement to the police.

Further reading: What to do if you are stopped by the police.

Step 2. The Case is Filed

Once the detective has completed the investigation, he will inform a magistrate through a sworn affidavit the reasons he believes an offense has occurred. The magistrate will review the affidavit to see if there is probable cause to believe that an offense occurred. If the magistrate determines probable cause exists, he will issue a warrant for the suspect’s arrest. After being arrested, the magistrate will inform the accused of the charges and set a bond and give bond conditions. This is called the arraignment.

Step 3. The Initial Appearance Setting

The first court setting is often called the Initial Appearance. This is generally held in the magistrate court, but can also be held in the court where the case is filed. The Initial Appearance setting is important because it allows the court to confirm that the accused has a lawyer representing them in all pending cases. Courts also commonly advise you of, or add to, your bond conditions during the Initial Appearance.

Common bond conditions in include:

• Report once a month
• Abstain from the use of illegal drugs, marijuana, or cannabinoids
• Commit no new offense
• Do not possess, purchase, own, or transport any firearms or weapons
• Pay a supervisory fee each month
• Pay for GPS monitoring device and abide by GPS restrictions
• Abide by a curfew
• Do not consume alcohol
• Do not refuse breath, blood, or field sobriety tests
• Submit and pay for non-diluted urine samples
• Do not operate a vehicle that is not equipped with an interlock ignition device
• Do not contact the alleged victim in any manner, directly or indirectly.
• Permit a supervision officer to visit you at your home or elsewhere at any time

Examining Trial

Prior to an indictment on a felony case, your attorney may ask for an examining trial. A showing of probable cause requires the State of Texas to present evidence that would lead a reasonably intelligent and prudent person to believe you have committed a crime.  If the State fails to prove probable cause, our criminal defense attorneys will request that the court dismiss the charges against you. This process of requesting a probable cause determination is called an examining trial and it is a criminal process you are absolutely entitled to.  There may be strategic reasons to forego an examining trial.

Step 4. Indictment

After the suspect’s arrest, the lead detective will send the case to the district attorney’s office. Attorneys in the Intake Division will review the cases to determine if the case will be accepted for prosecution.

If a case is accepted for prosecution – and it’s a felony – it must also be presented to a grand jury, which will review the evidence and determine whether there is probable cause to formally charge the suspect with the alleged crime. If the grand jury returns a “true bill,” the case proceeds to court for prosecution. If they return a “no bill,” the charges are dismissed, and the case does not move forward. Please take a minute to read this blog about the grand jury process in Texas?

Video for our Clients: What to Expect at a Felony Court Setting. 

Step 5. The Consultation Setting

Before we continue talking about criminal court settings, it is important to point out that not every county or court uses the same terms to describe settings. Some courts may call every setting a Status Conference. Others may never have a Motions Docket. This article covers the most common criminal court settings and nomenclature.

After the Initial Appearance, the next setting is called the Consultation Setting. If you have hired an attorney, the Consultation will be scheduled as soon as possible after the return of an indictment. If you have a court-appointed attorney, the Consultation occurs before the indictment is returned.

By the time of the Consultation Setting, the prosecutor should be prepared to make you a plea agreement offer. A plea agreement offer is basically the punishment you would get if you pled guilty to the charges rather than taking it to trial. By this setting, your attorney should have reviewed the prosecutor’s files and the plea agreement so he or she will can explain the offer to you.

If you accept the plea agreement, then you will fill out the “Written Plea Admonishment Document.” Once you complete that document, you can either go forward with the plea and sentencing, go forward on the plea but hold off on sentencing, or hold off on both the plea and the sentencing. If your case is un-indicted and you have reached an agreement but sentencing was not completed at the Consultation Setting, then you have to sign a “Waiver of Indictment and Acceptance of Plea Agreement Offer.”

If you do not accept a plea agreement at the end of the Consultation, then your case will be scheduled for more pre-trial settings and eventually an Evidence Exchange setting.

Video for our Clients: What to Expect at a Consultation Setting

Step 6. The Evidence Exchange Setting

By the Evidence Exchange setting, the prosecutors must have gathered all of their evidence and provided it to the defense. The parties must disclose their evidence in a process called “discovery” by the end of this setting. If a plea agreement is made, a plea proceeding may be scheduled. If no plea agreement is made, then the case will be scheduled for a Motion Setting.

Video for our Clients: What to Expect at the Evidence Exchange Setting

Step 7. The Motions Setting

There are certain circumstances that may prompt your attorney to file motions with the court. For example, if your attorney believes that the procedures used to gather evidence from your case was unconstitutional, they can file a Motion to Suppress the evidence. If they have filed any motions, a hearing will be held on those motions at the Motion Setting. If a plea agreement is reached at this point, then the plea proceeding may be scheduled. If not, then the case will either be set for Trial or a Status Conference depending on kind of case you have.

Video for our Clients: What to Expect at the Motions Docket Setting

Step 8. The Status Conference

At the Status Conference, the parties are again encouraged to negotiate and come to a plea agreement. You can plead guilty at the conference regardless of whether the plea was negotiated, but after the conference is over, the court may refuse to take your negotiated guilty plea.

Video for our Clients: What to Expect at the Status Conference.

Step 9. The Announcement Setting

If you do not plead guilty at this setting, then you have to fill out a “Status and Trial Management” form along with a few additional forms. After the proper forms are completed, your case will finally be set for trial.

Step 10. Trial

If a case is not resolved after the pre-trial settings, it is set for a trial. A person who is accused of committing a crime has the right to a trial by jury in Texas. For misdemeanors, this is a jury of six people. For felonies, it is a jury of twelve people.

In Tarrant County, the following state jail and third-degree offenses are expedited:

• Burglary of a Building
• Credit/Debit Card Abuse
• Criminal Nonsupport
• Evading with a Vehicle
• False Alarm or Report
• Forgery
• UCW on Licensed Premises
• Fraudulent Use or Possession of Identifying Information
• Prostitution – 4th
• Theft
• Aggravated Perjury
• Bail Jumping
• Escape from a Felony Offense
• Unauthorized Use of a Motor Vehicle
• Probation Revocations

Video for our clients: What to expect at a trial docket setting.

What Happens After Trial

Once a trial concludes, the case moves to the final stage: the verdict and sentencing. If the jury or judge finds the defendant not guilty, the case is over, and the charges are dismissed. If the defendant is found guilty, the case proceeds to sentencing, where the judge or jury determines the appropriate punishment based on the severity of the offense, criminal history, and other relevant factors.

For some convictions, sentencing may happen immediately. In other cases, it may be scheduled for a later date to allow for a pre-sentence investigation. If the defendant receives probation, they must comply with specific conditions set by the court. If sentenced to jail or prison, they will be remanded into custody.

Regardless of the outcome, defendants may have the right to appeal the verdict or sentence. An appeal challenges potential legal errors that may have occurred during the trial. However, appeals must be filed within strict deadlines and follow a formal legal process.

Understanding what happens after a trial is crucial, whether you are facing charges or supporting a loved one through the criminal process. If you have questions about your case, it’s important to speak with an experienced criminal defense attorney.

Contact Varghese Summersett Today

Facing criminal charges can be overwhelming, but you don’t have to go through it alone. At Varghese Summersett, our experienced team of attorneys is committed to protecting your rights, guiding you through every stage of the criminal process, and fighting for the best possible outcome. Whether you are under investigation, or preparing for trial, we have the knowledge, skill, and dedication to help.

Don’t leave your future to chance. Contact Varghese Summersett today for a confidential consultation and let us put our expertise to work for you. Contact us at 817-203-2220 or reach out online.