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Criminal Procedure in Texas

When you are arrested in Houston or a surrounding area in Texas, you are entering an extremely stressful and complicated process. There will be numerous important deadlines and court appearances that have an extraordinary impact on whether or not you will be convicted of a criminal offense.

A person who cannot afford a lawyer can be appointed legal counsel under the Sixth Amendment to the U.S. Constitution, but many public defenders have significantly larger caseloads than private attorneys and may plead out of cases that could be won at trial. If you are under investigation or have been charged with a criminal offense, you should immediately seek legal representation in order to give yourself the best chance at obtaining a favorable outcome to your case.

Matt Horak works tirelessly to achieve outcomes that result in the fewest possible consequences for the people he represents. He has more than 10 years of experience in state courts in Texas as well as federal U.S. District Courts in the Southern District of Texas, and he assists people with the following:

Horak Law represents clients throughout the greater Houston area, including Pearland, League City, Missouri City, Richmond-Rosenberg, Pasadena, Spring, Conroe, Sugar Land, The Woodlands, and Galveston. You can receive a free review of your case during a no obligation legal consultation when you call our firm at (713) 225-8000 or toll-free at (800) 225-8009 today.


Overview of Criminal Procedure in Harris County


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Texas Criminal Investigations

When a crime has been committed, law enforcement will typically begin an investigation at the scene of the alleged incident. The time it takes to conduct an investigation depends on the nature of the offense. For example, a driving while intoxicated (DWI) offense typically occurs immediately after a motorist has been pulled over and an arrest occurs at the scene, but other more complex crimes like sexual offenses or drug trafficking can involve months of investigation.

In some cases, a grand jury may be utilized to investigate whether criminal charges should be filed. A prosecutor or district attorney can turn evidence over to the grand jury or a grand jury can initiate its own investigation.


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Harris County Arrest Process

If law enforcement determines there is enough evidence to establish probable cause—the reasonable belief that a crime has been committed—then they can arrest the alleged offender. In certain cases, this may involve an arrest warrant being issued, but such a warrant is not necessarily required.

When a person is placed under arrest in Texas, he or she should be issued a Miranda warning that notifies him or her of two very important rights:

  • The right to remain silent
  • The right to an attorney

After a suspect has been arrested, he or she will be taken to jail for booking. Afterward, authorities decide whether or not to give the case to prosecutors to bring formal charges.


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Houston Arraignment

If a prosecuting attorney decides to file charges, then the arraignment is the first step in the criminal process. An alleged offender will appear before a judge, be formally presented with the charges against him or her, and asked to enter a plea.

If the alleged offender has been accused of a misdemeanor offense, the judge sets the tentative appearance schedule. However, the judge will schedule a preliminary hearing if the case is a felony. During an arraignment, bail will also be established for the alleged offender.


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Bail and Bond in Texas

There are essentially three options for an alleged offender to be released from custody while the outcome to his or her criminal case is pending. If a judge grants release, it will typically involve one of the following options:

  • Cash Bond — This type of bail requires that the full amount of the bond must be paid by cash, cashier’s check, or money order in order for the alleged offender to be released. The court will issue a refund order if the alleged offender makes all scheduled court appearances and the case is disposed of, but bail will not be refunded if the alleged offender misses these appearances.
  • Surety Bond — Approved bonding companies can charge an alleged offender a fee that is usually a fraction of the total bail in exchange for their guarantee to the court that the alleged offender will make all scheduled court appearances after being released. This fee is non-refundable, and the bonding company is liable for the entire amount if the alleged offender fails to appear in court.
  • Personal Recognizance Bond — In some cases, an alleged offender can be releases on his or her own guarantee that he or she will be present for all court appearances without any financial amounts being required to be released.

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Criminal Trial Process in Houston

Plea bargaining and various pretrial motions or hearings before and after an arraignment can result in a case being resolved without a trial. In cases that cannot be settled though, a jury trial can be a very lengthy process that involves:

  • Jury selection
  • Motions in limine (admissibility of evidence)
  • Opening statements
  • Case presentations from prosecution and defense, with direct examination and cross-examination of witnesses
  • Closing arguments
  • Jury instructions and deliberations
  • Verdict
  • Post-trial motions
  • Sentencing

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Harris County Appeals Process

If an alleged offender is found guilty or receives some other unfavorable verdict, he or she can appeal the ruling to the next highest court in Texas. For instance, a case at the district level would be appealed to the First or Fourteenth Court of Appeals of Texas. Any appeal of a ruling from one of those courts would go to the Texas the Court of Criminal Appeals (CCA).

Matt Horak has successfully represented clients in all types of criminal cases, and he has won appeals before various state courts, including the CCA.


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Texas Criminal Procedure Resources

Harris County Courts — This website contains links to criminal courts, civil courts, and probate courts in Harris County. Online case records can also be found here, as well as information relating to traffic cases, criminal cases, and civil cases.

1201 Franklin Street
Houston, TX 77002

Harris County District Clerk — In addition to online searches of records and documents in criminal cases, you can also find links to customer service, appeals, and writs of habeas corpus on this website.

201 Caroline Street
Suite 420
Houston, TX 77002

Houston Bar Association —The homepage for an organization with more than 11,000 member attorneys, you can find information about public services, domestic violence services, elder law services, and more.

1111 Bagby Street
Houston, TX 77002


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Find a Criminal Procedure Lawyer in Houston

If you have been charged with or are under investigation for any type of criminal offense, you should contact an experienced Houston criminal defense attorney as soon as possible. Matt Horak aggressively defends clients against drug charges, drunk driving, federal charges, and several other criminal offenses.

Horak Law represents clients all over Houston, including Fort Bend County, Liberty County, Montgomery County, Brazoria County, Galveston County, Waller County, and Harris County. Call our firm at (713) 225-8000 or toll-free at (800) 225-8009 right now to schedule a free, confidential consultation that will let us review your case and help you understand your legal options.


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Our Office in The Woodlands
1790 Hughes Landing Blvd #400 The Woodlands, TX 77380 (281) 907-4990
Our Office in Houston
5300 Memorial Dr #750 A Houston, TX 77007 (713) 225-8000
Free Consultation Fill out the form below and we'll be in touch within 24 hours!

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Matt Horak Matt Horak is Board Certified in Criminal Law by the Texas Board of Legal Specialization since 2014