Once criminal charges are filed, you'll make a court appearance known as an "arraignment." If you are incarcerated, this will usually occur within 72 hours of your arrest. During your arraignment, you'll be asked to enter a "plea" to the crime you've been charged with. Texas pleas and corresponding definitions follow: Guilty plea: If you plead "guilty," you're admitting to the facts of the crime and the fact that you were the one who committed that crime. Not guilty plea:…

In Texas, if you cannot afford to hire an attorney, and if you are charged with a crime that is punishable by incarceration, an attorney will be appointed to defend you. Once a public defender has been appointed to defend you, you may ask the court to appoint a substitute attorney only for good cause. Good cause requires more than mere dissatisfaction with your appointed attorney and may include: A conflict of interest between you and the attorney Your attorney…

Bail is money or property put forth as security to ensure that you'll show up for further criminal proceedings. In Texas, bail can be paid: In cash A pledge of property (if permitted in that court) A bail bond A professional bail bondsman is an individual whose business is to pledge his or her own property or security to guarantee the bail bond to the court.

In Texas, under some circumstances, you may be able to have a criminal record expunged, which means that the records are returned to you or destroyed. You may be eligible for expungement if: A criminal charge against you has been dismissed, you have been found not guilty, or you have been pardoned; or Someone used your name or identification when arrested (identity theft); or You are a juvenile who has completed a deferred sentence; or You are an underage drinking…

Under the Miranda Rule, if you are in police custody you must be informed of specific constitutional rights before interrogation begins. Those rights are as follows: The right to remain silent The right to have an attorney present during questioning The right to have an attorney appointed if you are unable to afford one Important to note is that Miranda rights do not have to be read until you are taken into custody. That means that you can be questioned…

A search warrant authorizes police to conduct a search of a specific place such as your residence. In order for a warrant to be issued by a judge, "probable cause" is necessary. Probable cause to search means that: It is more likely than not that the specific items to be searched for are connected with criminal activities Those items will be found in the place to be searched Warrantless Searches The general rule is that warrants are required for searches. But search warrants…

You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime. This right can be waived by asking for additional time for the preparation of your defense. Speedy Trial rights in Texas With limited exceptions, a defendant should be brought to trial in Texas within the following time frames: 180 days if the…

You may be stopped for questioning by the police. A stop is not the same as an arrest because, although you may be detained, you aren't moved to a different location. During a stop the police officer may ask you questions, but you have the right to refuse to answer Arrest In order to be arrested, there must be what's called "probable cause." This means that there must be a reasonable belief that a crime was committed and you committed…

Many prosecutors will consider "plea agreements," although it's not legally required. If you don't reach a plea agreement with the prosecutor, your proceedings will move toward the trial stage. In Texas, you have the right to a jury trial in all criminal proceedings, regardless of punishment. This right may be waived by: Pleading guilty; or Choosing a bench trial (a trial in front of a judge only) If you request a bench trial, the judge will perform the fact-finding function…