What Happens After You Are Charged With a Felony in Texas?
What Happens After You Are Charged With a Felony in Texas?
Being charged with a felony can place your freedom, reputation, career, and future at risk. You may be unsure what will happen in court, how serious the potential penalties are, or whether there is a way to challenge the allegations. Although the criminal process can feel overwhelming, understanding the stages of a Texas felony case can help you prepare for what lies ahead.
A felony charge does not mean that you have been convicted. The prosecution must prove every required element of the alleged offense beyond a reasonable doubt. At the Law Offices Of Robert S. Gregg we represent individuals facing serious criminal charges throughout Dallas, Texas. Attorney Robert S. Gregg carefully evaluates the evidence, explains each stage of the case, and develops a defense strategy based on the client’s circumstances.
What Is Considered a Felony in Texas?
Felonies are more serious than misdemeanors and can lead to lengthy periods of incarceration, substantial fines, and lasting collateral consequences. Texas generally divides felony offenses into the following classifications:
- State jail felonies
- Third-degree felonies
- Second-degree felonies
- First-degree felonies
- Capital felonies
The classification of an offense affects the possible range of punishment. Texas law also allows penalties to be enhanced in certain situations, including cases involving prior convictions or specific aggravating circumstances. Texas felony classifications and punishment ranges are established under Chapter 12 of the Texas Penal Code.
What Are the Potential Penalties for a Texas Felony?
Although penalties depend on the charge and circumstances, the general statutory ranges include:
- State jail felony: 180 days to two years in a state jail and a possible fine of up to $10,000
- Third-degree felony: Two to 10 years in prison and a possible fine of up to $10,000
- Second-degree felony: Two to 20 years in prison and a possible fine of up to $10,000
- First-degree felony: Five to 99 years or life in prison and a possible fine of up to $10,000
- Capital felony: Life imprisonment, life without parole, or the death penalty in qualifying cases
These are general ranges. The actual exposure may change based on prior criminal history, the alleged conduct, the age of an alleged victim, the use of a weapon, and other factors.
What Happens Following a Felony Arrest?
The exact process varies, but a Texas felony case commonly includes several stages.
Booking and Initial Appearance
After an arrest, the accused person is typically booked into jail. This process may include fingerprinting, photographs, a search, and the collection of identifying information.
The person will then appear before a magistrate, who explains the accusation and certain constitutional rights. The magistrate may also address bail and conditions of release.
Release conditions can affect travel, communication, firearm possession, alcohol use, and other aspects of daily life. It is important to understand and follow every court order while the case is pending.
Investigation and Evidence Collection
Law enforcement and prosecutors may continue investigating after the arrest. Evidence could include:
- Officer reports
- Body-camera or surveillance footage
- Physical or forensic evidence
- Cellphone and digital records
- Financial documents
- Witness statements
- Search-warrant materials
- Laboratory results
The defense can conduct a separate investigation, review how evidence was obtained, locate witnesses, preserve recordings, and identify information that supports the accused person’s account.
Grand Jury Review
Most Texas felony charges proceed through a grand jury. A grand jury reviews information presented by the prosecution and determines whether probable cause exists to issue an indictment. Texas grand juries are authorized to inquire into offenses that may be prosecuted by indictment.
An indictment is a formal accusation. It is not a finding of guilt. If the grand jury declines to indict, it may return a “no bill.” However, the effect of a no-bill decision can depend on the circumstances, and the prosecution may sometimes continue investigating.
Arraignment
After an indictment, the case proceeds to arraignment. At this stage, the defendant is formally informed of the charge and enters a plea. A plea of not guilty preserves the right to require the prosecution to prove its case.
The defense may also begin addressing scheduling, discovery, motions, and other pretrial matters.
Pretrial Motions and Hearings
Before trial, an attorney may file motions involving the evidence or procedures used during the investigation. Depending on the case, these motions may challenge:
- An unlawful traffic stop or detention
- A search conducted without legal justification
- Statements obtained in violation of constitutional rights
- An unreliable identification
- Improperly handled physical evidence
- Defects in the charging documents
- The admissibility of testimony or digital records
The Texas Judicial Branch identifies motions to suppress evidence, review bail, examine the sufficiency of a charge, and address a defendant’s mental condition among the matters that may arise before a felony trial.
A successful motion may prevent the prosecution from using certain evidence. When critical evidence is excluded, the state may have to reduce or dismiss the charge, although neither result is automatic.
Can a Felony Charge Be Dismissed or Reduced?
A felony charge may be dismissed when the prosecution determines that the available evidence is insufficient, evidence is ruled inadmissible, witnesses are unavailable, or another legal issue prevents the case from moving forward.
In some cases, the prosecution and defense may negotiate a resolution involving a reduced charge or different sentencing terms. Whether dismissal, reduction, negotiation, or trial is appropriate depends on factors such as:
- The strength of the evidence
- How the evidence was obtained
- Conflicting witness accounts
- The defendant’s criminal history
- Available defenses
- The circumstances surrounding the allegation
No attorney can guarantee a particular result. A careful review of the case is necessary before deciding how to proceed.
What Happens If the Case Goes to Trial?
At trial, the prosecution presents evidence and attempts to prove every element of the charged offense beyond a reasonable doubt. The defense may cross-examine witnesses, challenge the reliability of evidence, present witnesses, and offer other evidence supporting the defense.
The accused person is presumed innocent and does not have to prove innocence. The burden remains with the state. The Texas Judicial Branch confirms that the prosecution must establish a criminal charge beyond a reasonable doubt.
If the jury finds the defendant not guilty, the defendant is acquitted. If there is a conviction, the case moves to sentencing.
How Can a Felony Conviction Affect Your Future?
The consequences of a felony conviction can extend beyond incarceration and fines. Depending on the circumstances, a conviction may affect:
- Employment and professional licensing
- Housing opportunities
- Educational opportunities
- Firearm rights
- Immigration status
- Voting and civic rights
- Family and custody matters
- Personal and professional relationships
Because the potential effects are so significant, it is important to begin protecting your rights as early as possible.
What Should You Do After a Felony Arrest?
If you have been arrested or learn that you are under investigation:
- Do not discuss the allegations with police without legal counsel.
- Avoid contacting an alleged victim or potential witness.
- Preserve messages, photographs, receipts, videos, and other relevant information.
- Do not post about the case on social media.
- Follow all bond and court-ordered conditions.
- Contact a criminal defense attorney promptly.
Statements made to friends, relatives, coworkers, or online contacts could potentially become evidence. Exercise caution and discuss the details of the case privately with your attorney.
Contact a Dallas Felony Defense Attorney
A felony accusation can affect nearly every part of your life, but an accusation is not the final outcome. The evidence, police procedures, witness credibility, and surrounding circumstances should all be carefully reviewed.
At the Law Offices of Robert S. Gregg, Attorney Robert S. Gregg represents clients facing violent-crime allegations, drug offenses, theft charges, weapons charges, white-collar offenses, and other serious criminal matters in Dallas. Our firm provides honest communication, personalized attention, and a defense strategy tailored to each case.
Call the Law Offices of Robert S. Gregg at 214-559-3444 or visit www.gregglawdallas.com to schedule a consultation.
