HOW TO WIN A CRIMINAL CASE
You can’t win if you don’t fight. Every citizen is guaranteed certain important and powerful rights by the United States Constitution. Strategically asserting these rights is the best way to fight and win a criminal case. The first and most important step in the process is hiring an experienced Texas criminal defense lawyer.
Texas has a well-earned reputation for being tough on crime. Prosecutors are often unreasonable, and seek convictions rather than upholding their oath to seek justice first. Similarly, judges in courtrooms across the state can be harsh and unforgiving. Every person charged with a Class B misdemeanor and higher is facing a minimum of 6 months in jail and a devastating, permanent criminal conviction.
In this article, experienced Texas criminal defense lawyer Trey Porter outlines the process of winning a criminal case in Texas.
KNOW YOUR RIGHTS
The Texas criminal justice system is not perfect, but there are a number of powerful constitutional rights that can level the playing field for people arrested in Texas. Asserting and protecting these constitutional rights can lead to a dismissal in court.
| 8 Powerful Rights of the Accused |
| 1 – Right to Remain Silent: You don’t have to talk to the police. |
| 2 – Right to Refuse: You don’t have to do tests. |
| 3 – Right Against Search – Police must have a warrant to search. |
| 4 – Right Against Arrest – Police must have probable cause to arrest |
| 5 – Right to Due Process – You always get a hearing. |
| 6 – Right to Legal Counsel – You get a lawyer if you face jail. |
| 7 – Right to Confrontation – You always get to challenge witnesses. |
| 8 – Right to Trial – You always get a trial if you request one. |
Criminal charges can be dismissed when a person’s rights are violated or denied. This is done by asking the judge to suppress illegally obtained evidence. Suppressed evidence is excluded and prosecutors can’t use it.
- 4th Amendment Rights: The Fourth Amendment of the Constitution protects people from unreasonable searches and seizures, ensuring the Government can’t intrude on your privacy without a valid warrant supported by Probable Cause. This important protection applies to your phone, home, vehicle, and personal belongings.
- 5th Amendment Rights: The Fifth Amendment provides protection against self-incrimination, ensuring due process, and safeguarding against double jeopardy. It guarantees that no person shall be forced to testify against themselves in a criminal case. This amendment is vital in defending your rights when facing criminal charges, ensuring that the law is applied fairly and that your liberties are protected throughout the legal process.
- 6th Amendment Rights: The Sixth Amendment guarantees critical rights for individuals accused of crimes, including the right to a speedy and public trial, an impartial jury, and the assistance of legal counsel. It ensures that defendants are informed of the charges against them, have the opportunity to confront all accusers, and can present a defense with the help of an attorney.
TEXAS CRIMINAL LAW BASICS
Understanding Texas criminal law basics can put you in a better position to understand and navigate the long and complicated process of criminal prosecution in Texas.
- The Statute of Limitations is the period of time the Government has to charge a person with a crime for criminal conduct. The time is measured from the date the crime allegedly occurred.
- The plaintiff in every criminal case is the State of Texas. This is why victims can’t “drop the charges” against a defendant. The Government brings the charge(s) and is represented by prosecutors. Prosecutors work for convictions using evidence obtained by police officers.
- The person charged with a crime is the defendant in a criminal case. Defendants are entitled to Due Process and Equal Protection under the laws. Denial of the rights can result in a dismissal – even if the person is guilty.
- The prosecutors have the burden of proving guilt beyond a reasonable doubt with respect to the elements of a criminal offense. A defendant’s state of mind: intentionally, knowingly, recklessly, or criminally negligent is an important element of crimes in Texas. However, some crimes in the Texas Penal Code, like DWI, for example, don’t have state of mind components.
- Crimes are classified as either misdemeanors or felonies in Texas. Misdemeanor offenses are the most commonly committed, whereas felonies have the most severe consequences, including life in prison and death by execution.
- Being arrested and charged with a crime has permanent consequences. The criminal record of the arrest and prosecution is made a permanent part of a person’s record. This happens in cases where the charges were dismissed. Criminal records can only be removed in Texas through the powerful legal process of Expungement.
THE 6 STAGES OF A CRIMINAL CASE IN TEXAS
The six important stages of every criminal case in Texas are investigation, arrest, bond & arraignment, pretrial court hearings, motions, and trial by judge or jury.
INVESTIGATION
Criminal investigations in Texas happen slowly over time as police interview witnesses and review evidence, or sometimes very quickly in the heat of the moment when a crime has been committed in front of them or when they’ve been called to an ongoing emergency situation like domestic violence, for example. All information and evidence gained in the investigation phase is used later by prosecutors to convict and punish people.
ARREST
Officers can arrest someone on the spot if they subjectively believe they have Probable Cause. This is most common when police have pulled someone over in a motor vehicle or been called to a location for an emergency. In other instances, police can make an arrest at a later time after a judge has issued a warrant. Three important things to remember during an arrest:
- Be quiet and compliant. You can’t talk your way out of an arrest.
- Resisting arrest is a crime. Don’t do it.
- Contact a Texas criminal defense lawyer immediately.
BOND AND ARRAIGNMENT
What is arraignment? How does bond work in Texas? These questions are common. In Texas, the dollar amount a judge sets for a person to be released from jail is called bond. This typically happens within 48hrs of being arrested in Texas.
Arraignment is the first court date where a defendant confirms to the judge they understand the charges against them. Arraignment is also a time to request a court-appointed attorney. Arraignment can be waived in Texas if a person already has an attorney.
PRETRIAL HEARINGS
Pretrial hearings are the court dates that happen in between arraignment and trial. At these settings, judges will inquire on the status of evidence availability. It takes a long time for prosecutors to give defense lawyers evidence in Texas. This is one of the main delays in the criminal court system and why cases take so long in Texas. Pretrial hearings are also a time for attorneys to discuss plea bargains, reductions, and dismissals. The most important thing for defendants to do at pretrial hearings is make it to court on time, and answer the docket when the court calls your name. Failure to do so will result in a warrant for failure to appear.
MOTIONS – EXCLUDING EVIDENCE
All good Texas criminal defense lawyers file requests for evidence. Defense attorneys will often file motions to compel the State to turn over evidence. Additionally, aggressive criminal lawyers will file motions to suppress and exclude evidence after finding a legal reason – like an unlawful search or traffic stop – to justify the exclusion.
Excluding evidence is a powerful way to win a criminal case in Texas. The Fourth Amendment to the Constitution protects against illegal searches and seizures. Evidence seized during an illegal search is inadmissible pursuant to the “Exclusionary Rule.” Violation of Chain of Custody policies may also be excluded. Incriminating statements obtained in violation of a person’s Miranda Rights can also be excluded.
TRIAL
Trial is the final phase of a criminal case in Texas. Statistically, most cases resolve before trial. There are many reasons most cases don’t make it to a trial in Texas. Prosecutors cannot realistically try every case, and are motivated to resolve cases through plea bargains. For defendants, trial can be scary, as the possibility of incarceration looms large. The stages of a criminal trial in Texas are:
- Voir dire – jury selection
- Opening statement
- The prosecution presents its case calling witnesses and introducing evidence
- The defense presents its case calling witnesses and introducing evidence.
- Closing arguments. The State gets the final word.
- The jury receives instructions and deliberates to decide the verdict (result).
- The jury issues a verdict finding the defendant guilty or acquitting them of all charges.
In Texas, a defendant can forgo a jury trial and have a bench trial where the judge decides everything. Whether a trial happens with a judge only or full jury, it’s important to dress professionally and act respectfully. Perception and appearance are important elements of winning a criminal case in Texas.
DEFENSES TO CRIMINAL CHARGES IN TEXAS
Defenses are important and powerful ways to win criminal cases in Texas. Asserting certain defenses can make it more difficult for the prosecutors to meet their high burden of proof. Common defenses in Texas are:
- Illegal search and seizure
- Police misconduct
- Excessive force
- Insufficient evidence
- Verifiable alibi
- Entrapment
- Insanity
- Self-defense or defense of others
- Mutual combat
STRATEGIES TO GET CHARGES DROPPED IN TEXAS CRIMINAL CASE
Defense strategies to get charges dropped in Texas vary depending on the type of case. For example, in an Assault case, if the victim provides an affidavit of non-prosecution, the State may dismiss the case. In a theft or Criminal Mischief case, the prosecutor will be more inclined to drop the charge if the victim has been repaid financially through restitution.
LEGAL MOTION TO DISMISS A CRIMINAL CASE IN TEXAS
In Texas, motions to dismiss may be submitted either before the trial or after arguments have been made at trial, but before the jury makes a determination. Motions to dismiss argue the Government:
- Violated the Statute of Limitations;
- Failed to follow required legal procedures;
- Made a mistake with the charging documents;
- Violated the defendant’s constitutional rights;
Some examples of grounds for dismissal of criminal charges include:
- Lack of Jurisdiction — Only the jurisdiction where the crime took place has the authority to charge and prosecute a defendant. If you are accused of committing a crime in Dallas, but the charges are filed in Fort Worth, your attorney can get the case dismissed due to jurisdictional issues.
- Lack of Evidence — For the government to pursue a criminal case against you, they must present sufficient evidence proving every element of the alleged crime. If they fail to meet this burden, or the evidence is insufficient to show that you committed the crime, the judge may dismiss the charges.
- Statute of Limitations — Certain criminal charges must be initiated within a specific timeframe; if this time period has expired, the government cannot legally file charges against you, regardless of the evidence they possess. If the Statute of Limitations has passed, you may be entitled to a dismissal.
- Lack of Due Process — Your charges might be dismissed if your right to due process is violated by the government or its representatives, such as law enforcement officers. Due process violations occur when you are coerced into self-incrimination or if you are subjected to double jeopardy for the same offense.
- Failure to Provide a Speedy Trial — The Constitution guarantees your right to a speedy trial. If the government causes unnecessary delays in your case, it could result in the dismissal of charges.
- Defective Charging Document — When the government files charges, they must include key details like dates, locations, and facts related to the alleged crime. Omitting these crucial details can lead to the dismissal of the case.
After criminal defense lawyers file a motion to dismiss, the prosecutor will be given an opportunity to respond. The court may also set a hearing date to allow both sides to present arguments.
TEXAS ATTORNEY TREY PORTER NAMED BEST LAWYER IN CRIMINAL DEFENSE
Trey Porter is a highly respected Texas criminal defense lawyer in Texas, known for his relentless dedication to protecting the rights of his clients. Recognized by Texas Super Lawyers and the National Trial Lawyers Association for his dynamic advocacy, Porter has successfully resolved thousands of cases, earning a reputation for achieving favorable outcomes even in the most challenging situations. His firm, Trey Porter Law, is celebrated for its client-focused approach, ensuring each case receives the personalized attention it deserves. Porter’s extensive experience and success in defending against serious criminal charges have solidified his reputation as one of the best in the field. If you are facing criminal prosecution in Texas, trust Trey Porter Law to stand up for your rights and fight for a dismissal.
THE IMPORTANCE OF AN EXPERIENCED TEXAS DEFENSE LAWYER
A frequently asked question is: why hire a lawyer? The best criminal defense lawyers can make a difference between a conviction and a dismissal. You have to know how to fight in order to win. Knowledge of the law is critical, but there’s no substitute for experience. Trey Porter Law has over 40 years of combined experience in Texas courtrooms. From the crowded hallways of big city justice centers to the rural courthouses of the Hill Country and way out West Texas, the trial lawyers at Trey Porter Law have successfully defended citizens against every type of criminal charge. TPL’s experience is the foundation for its hard-earned reputation of getting big wins in the toughest cases.
- Using Every Defense Possible: You’re not stuck with just one defense—you can use as many as you need to protect yourself. A good Texas criminal lawyer will review your case carefully and use all the defenses that fit to make sure you’re covered in court.
- Spotting Mistakes in the Prosecutor’s Case: Even if the evidence seems strong, mistakes happen—whether it’s the prosecutor, police, or investigators. An experienced defense attorney knows where these errors most often occur and can leverage them to win your case.
You can win a criminal case in Texas. Asserting and protecting your important constitutional rights through aggressive, experienced defense counsel gives you the best chance at success – no matter the situation.
