Being charged with a crime is different from being arrested. An arrest is the police’s decision. Charges are the prosecutor’s decision. Charges mean the State has formally decided to pursue a case against you.
What happens next is a process that, for most defendants, is completely unfamiliar, and the unfamiliarity itself causes problems. People miss deadlines they didn’t know existed. They accept plea offers without understanding what they’re giving up. They go to court alone when they should have a lawyer at every appearance.
This article walks through the typical lifecycle of a Texas criminal case, what each stage means, and where the leverage points are. Murphy & Baker Law Firm represents clients through every stage of that process across Smith County and East Texas.
After arrest, the case goes to the District Attorney’s office or County Attorney’s office (for misdemeanors in some counties). A prosecutor reviews the police report and decides whether to file charges, what to charge, and at what level.
This stage is often invisible to the defendant, but it’s one of the most important.
If you have a defense attorney representing you before charges are filed, they can submit additional evidence the prosecutor wasn’t aware of, argue for reduced charges based on the facts, negotiate for the case to be referred to a diversion program (in certain counties) instead of prosecution, or sometimes get the case rejected entirely.
Once charges are filed, this leverage diminishes. Pre-charge advocacy is some of the highest-value work a defense lawyer does.
In most cases, this is your first formal court appearance. The judge reads the charges against you, you enter a plea (almost always “not guilty” at this stage), and bond conditions are set or modified.
You should not plead guilty at arraignment unless you’re walking in with a negotiated agreement already in place. Pleading guilty without negotiation is throwing away every option you have.
If you have an attorney hired before your arraignment date, you may not be required to appear for arraignment.
Note: Some courts require an “appearance date” within weeks (sometimes months) after you are released on bond. This is not the same as arraignment, but if you have an attorney hired before this appearance date, you may not have to appear.
After charges are filed, your defense attorney begins requesting evidence from the prosecutor: police reports, witness statements, body camera footage, lab results, forensic reports, 911 recordings, surveillance video.
In Texas, the Michael Morton Act (codified in Texas Code of Criminal Procedure § 39.14) requires prosecutors to provide essentially all evidence in their possession to the defense. This is one of the strongest discovery laws in the country.
Discovery often takes weeks or months. As evidence comes in, the case starts to take shape. Sometimes the State’s evidence is strong, and the conversation shifts to negotiation. Sometimes it’s weaker than expected, and the conversation shifts to dismissal or trial.
Before trial, your attorney may file motions, formal requests asking the court to rule on specific issues. Common motions include:
Motion to suppress evidence. If police violated your rights (illegal stop, illegal search, illegal interrogation), evidence obtained as a result can be excluded from trial. A successful motion to suppress often kills the State’s case.
Motion to suppress statements. If you were interrogated without proper Miranda warnings, or after invoking your right to counsel, your statements can be excluded.
Motion in limine. Asks the court to limit what the prosecution can mention at trial: prior bad acts, character evidence, etc.
These hearings happen weeks before trial. They’re often where cases are actually won.
Most criminal cases in Texas, over 90% according to state statistics, resolve by plea agreement, not trial.
A plea deal typically involves a guilty plea or no-contest plea to specific charges (sometimes reduced from the original), an agreed sentence (probation, deferred adjudication, jail time, fines), and sometimes additional conditions (treatment, classes, community service).
The quality of a plea deal depends almost entirely on the quality of negotiation behind it. The same case can resolve as a dismissal, a deferred adjudication, or a felony conviction, depending on who’s negotiating.
This is where having an attorney with deep relationships in the local DA’s office matters. Joseph Murphy and Joel Baker spent years working as prosecutors in Smith County. They know how those offices think, how they evaluate cases, and how to find resolutions that work for both sides.
If a case can’t be resolved by plea, either because the State’s offer is unacceptable or because the defense believes we can win, we go to trial.
Texas criminal trials follow a standard structure: jury selection (voir dire), opening statements, the State’s case-in-chief, the defense case (the defendant has the right to remain silent, meaning we don’t have to put on any evidence at all), closing arguments, jury deliberation and verdict, and a punishment phase if convicted.
Most cases don’t reach trial. But the willingness and ability to take a case to trial is what gives a defense lawyer leverage in negotiation. Prosecutors offer better deals to defense attorneys who they know will fight.
If you’re convicted (by plea or verdict), sentencing happens. Texas judges have wide discretion in many cases, anywhere from straight probation to the statutory maximum.
Better outcomes than conviction include:
Pretrial diversion programs. Available in some Texas counties for first-time offenders. Successful completion means no charge ever gets formally filed.
Deferred adjudication. Plea is entered but no conviction is. Successful completion means the case is dismissed. If you are later accused of breaking those terms, our guide to fighting a motion to revoke probation explains what to expect.
Reduction to lesser charge. A felony reduced to a lesser charge, sometimes a misdemeanor, or the charge reduced to a different offense.
It depends on the charge and the court. A misdemeanor handled through a plea can wrap up in a few months. A contested felony can run a year or more once discovery, pretrial motions, and negotiation play out. Cases that go to trial take the longest. The timeline moves at the pace of the local court’s docket, and it rarely moves faster because you want it to.
If you take one thing from this article: the leverage in a criminal case happens early. Pre-charge advocacy. Pretrial motions. Discovery review. Plea negotiation.
Every stage that passes without competent representation is leverage you’ve given up.
If charges have been filed against you, the clock is already running. Court dates are coming. Decisions are being made. Call us before the next court appearance.
We offer law loans, flexible payment structures built for real budgets, so the cost of getting representation isn’t what’s keeping you from calling.
(903) 533-9000. Free consultation. No obligation.
Related reading: Criminal Defense overview · First Offenders · For Families
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