2.02.pptx

TEXAS CRIMINAL LAWS & CRIMINAL PROCESS

Introduction

  • Overview of Texas criminal laws and defense processes.

CRIMINAL CHARGES

Felony Charges

  • Definition: Serious criminal offenses with severe penalties.

  • Potential penalties:

    • Fines up to $10,000

    • Sentences ranging from 6 months to life in state penitentiary

  • Loss of rights upon conviction:

    • Voting

    • Firearm ownership

    • Certain occupational licenses

  • Examples of felonies:

    • Aggravated assault

    • Burglary

    • DWI, 3rd offense

Misdemeanor Charges

  • Definition: Less serious offenses with lighter penalties.

  • Potential penalties:

    • Fines up to $4,000

    • Sentences up to one year in county jail

  • Civil rights: Not lost upon misdemeanor conviction

  • Examples of misdemeanors:

    • Simple assault

    • Theft

    • DWI, 1st or 2nd offense

PENALTY RANGE

Felony Penalty Ranges

  • Capital Felony: Death or life without parole

  • First-degree Felony: 5 to 99 years in prison, and/or fine < $10,000

  • Second-degree Felony: 2 to 20 years in prison, and/or fine < $10,000

  • Third-degree Felony: 2 to 10 years in prison, and/or fine < $10,000

  • State Jail Felony: 6 months to 2 years in state jail, and/or fine < $10,000

Misdemeanor Penalty Ranges

  • Class A: Up to 1 year in county jail and/or fine < $4,000

  • Class B: Up to 6 months in county jail and/or fine < $2,000

  • Class C: Fine < $500

INDICTMENT

Overview

  • Purpose: To determine if evidence is sufficient for prosecution.

  • Process: Prosecutors evaluate reports and decide to charge or drop cases.

  • Influence: Political and personal factors may affect decisions.

Requirements for Prosecution

  • Actus Reus: The guilty act

  • Mens Rea: Criminal intent

  • Grand Jury: Reviews felony cases to determine probable cause

    • Issues an indictment if warranted

ARRAIGNMENT

Process

  • If indicted: Arrest based on a warrant.

  • Booking: Involves photographing, fingerprinting, and searching the accused.

  • Attorney Contact: Accused allowed to contact an attorney.

  • Court Appearance: Accused is brought before a judge for plea entry.

Pleads

  • Possible pleas:

    • Guilty

    • Nolo Contendere (no contest)

    • Innocent

  • Judge's Response: May set bail or a court date, consider flight risk.

PROCESS

Possible Outcomes Post-Arraignment

  1. Plea Agreement:

    • Agreement to lesser charges in exchange for a guilty plea.

    • Judge can accept or reject the plea.

  2. Jury Recommendation:

    • Proceed to trial if no agreement reached.

    • Jury may recommend sentencing.

  3. Judge Imposed Sentencing:

    • No plea deal; judge determines sentence based on investigational reports.

DISCOVERY

Pre-Trial Procedure

  • Each party obtains evidence from the other side.

  • In criminal litigation, parties disclose only a subset of findings.

  • Prosecution must disclose exculpatory evidence, while defense has no obligation to disclose evidence of guilt.

OUTCOME

Verdicts

  • Not Guilty: Charges dropped, protected under double jeopardy.

  • Guilty: Sentencing is scheduled.

  • Mistrial: Prosecutor decides to retry if no verdict is reached.

DEFERRED ADJUDICATION

Overview

  • A plea deal allowing the defendant to plead guilty in exchange for meeting specific requirements.

  • Successful completion leads to avoiding a formal conviction record.

PROBATION

Overview

  • Common for first-time offenders; referred to as community supervision.

  • Requirements: Regular reporting, steady employment, paying fines, home inspections.

  • Length:

    • Misdemeanors: up to 2 years

    • Felonies: up to 10 years

  • Early release eligibility after one-third of the term served.

Restrictions

  • No probation if original sentence exceeds 10 years or involves violent offenses (e.g., capital murder).

CONFINEMENT

Overview

  • Serious felons often imprisoned in county jail or state prison.

  • Sentencing:

    • Cumulative: One sentence follows another.

    • Concurrent: Serve sentences simultaneously.

  • Good behavior can lead to early release.

Parole

  • Conditional release prior to full term with supervision.

  • Eligibility after serving at least 25% of the sentence.

US SENTENCING GUIDELINES

Overview

  • Formula to determine prison terms based on offense level and criminal history.

Offense Levels

  • Range from Level 4 (trespass) to Level 43 (first-degree murder).

  • Specific conduct and circumstances impact level adjustments.

Criminal History Categories

  • Ranging from Category I (little/no record) to VI (extensive record).

  • Points system used to quantify past offenses and their relevance.

Zones

  • Zone A: Eligible for straight probation.

  • Zone B: Eligible for split probation/prison.

  • Zone C: Probation eligibility with minimum term served in prison.

  • Zone D: Minimum term must be served in prison.

ADJUSTMENTS/DEPARTURES

Considerations

  • Victim-related, obstruction of justice, and acceptance of responsibility can influence sentence length.

COMPLEX EXAMPLE

Sentencing for Aggravated Assault

  • Adjusted factors can lead to varying punishment ranges based on crime specifics and offender history.

TEXAS PRISONS

Overview

  • Texas Department of Criminal Justice:

    • Numerous types of facilities, including state prisons, medical, and substance abuse facilities.

  • Inmate statistics: 145,028 inmates with specific common crimes.

Common Crimes

  • Notable offenses leading to imprisonment include burglary, DWI, and aggravated assault.

DEATH ROW IN TEXAS

Overview

  • History of executions: Major changes in methods and legal perspectives over the years.

  • As of February 1, 2017: 254 prisoners on death row.

US CAPITAL PUNISHMENT

Overview

  • Texas leads in executions since 1976, with various methods employed.

  • Average wait time on death row approaches 19 years.