San Antonio Attorneys for the Criminal Process in Texas

Pre-Trial Negotiations in San Antonio, Texas

Before scheduled court dates, the prosecution and defense have the opportunity to discuss any possible pre-trial negotiations. Pre-trial negotiations, or plea-bargaining, allow both parties to agree on an outcome. Usually, the prosecution will exchange potentially lighter penalties for a guilty or no contest plea.

There are many benefits to entering a plea agreement bargain. The prosecution may still apply legal penalties, but they are less harsh. An alleged offender may avoid incarceration or further steep court fines. Some penalties a plea agreement may offer are probation, house arrest, restitution, or drug treatment programs.

During a pre-trial negotiation, the defendant is not required to accept a plea agreement. Ultimately, it is up to him or her to determine if the bargain is worth it. This is why it is important to obtain trusted legal counsel. A skilled attorney can assess any proposed pre-trial negotiation, or fight for a more desirable plea deal.

Pre-trial Motions and Hearings in San Antonio, Texas

In some cases, a pre-trial negotiation cannot be decided upon. If this happens, the defense will have an opportunity to file pre-trial motions. A pre-trial motion is a request to the court to make a decision on a certain issue before the trial begins.

Motions can significantly affect a trial’s outcome. There are various types of motions to assist the defense in a trial. A skilled defense attorney can present several motions including but not limited to:

• Motion to dismiss due to lack of evidence
• Motion to suppress evidence
• Motion to exclude witness testimony
• Motion to dismiss charges due to lack of probable cause

Texas Criminal Trial in San Antonio

There are two types of trials a defendant may face, a bench trial or a jury trial. Bench trials do not use a jury to determine an outcome. Instead, a judge will interpret the law and also decide the verdict. Normally, a bench trial is reserved for lower misdemeanor crimes.

If the defendant has to face a jury trial, a grand jury will determine if the alleged offender is guilty or not guilty. A panel of 12 jury members will be selected from a pool of citizens through a process called voir dire. Once they are selected the trial will begin.

During the trial, both the prosecutor and the defense will have an opportunity to present their evidence and witnesses. In a trial, the prosecution will have the burden of proof. He or she must prove that the defendant committed every element to the offense beyond a reasonable doubt.

In a jury trial, all jurors must make a unanimous decision to convict a defendant. In cases where the jury doesn’t agree it’s called a hung jury. When a hung jury occurs, the judge will declare a mistrial. A new jury pool will be selected and a new court date will appear, repeating the legal process.

If a defendant believes that a legal error occurred and skewed their case, they may be able to file an appeal. An appeal will result in a trail to determine if the legal procedures were handled mishandled. It’s not considered a retrial nor is evidence reheard.