How are Criminal Cases Resolved
From the State Bar of Texas' online "Citizen's Guide" to the Texas Criminal Justice Process.
HOW ARE CRIMINAL CASES RESOLVED?
Plea Bargaining
The disposition of criminal charges by agreement between the prosecutor and the defendant, under judicial supervision, is called "plea bargaining." In exchange for the defendant pleading guilty or nolo contendere (no contest) and waiving the right of trial by jury, the prosecutor recommends a specific punishment which the judge can follow or reject. If the judge rejects the agreement, the defendant is permitted to withdraw his/her plea. If the judge follows the agreement, the defendant must obtain the judge's permission before the defendant may appeal any matter in the case except matters raised by written motions filed prior to trial. The defendant usually waives the right of appeal as part of the plea bargain. The vast majority of all criminal cases are resolved by plea bargaining.
Nonnegotiated Guilty Plea (Open Plea)
A defendant may plead guilty or nolo contendere to a criminal charge without an agreement with the prosecutor as to the punishment the prosecutor will recommend. The judge has the responsibility to assess the punishment appli-cable to the offense unless the defendant requests that a jury assess punishment. This is called a “nonnegotiated guilty plea” or “pleading open to the court.” The defendant retains the right to appeal, but nonjurisdictional defects occurring prior to the entry of the plea may have been waived.
Trial
The Texas Constitution guarantees the accused in all criminal prosecutions the right to a trial by jury. The defendant may waive trial by jury and proceed with trial to the court (judge) with the consent and approval of the judge and the prosecutor in any criminal prosecution except a capital felony in which the prosecutor notifies the court and the defendant that the state will seek the death penalty.
A criminal trial before a jury (sometimes called a "petit jury") proceeds as follows:
1. The jury is impaneled following voir dire examination and any challenges for cause or peremptory challenges.
2. The information or indictment is read to the jury.
3. The defendant enters his/her plea.
4. Opening statements may be made by each side.
5. The testimony on the part of the state is offered.
6. The testimony on the part of the defense is offered.
7. Rebutting testimony may be offered by each side.
8. The court's written charge setting forth the law applicable in the case is read to the jury.
9. Attorneys for each side argue their case to the jury.
10. The jury deliberates. If the jury finds that the state proved beyond a reasonable doubt that the defendant committed the offense charged (or a lesser included of-fense), the trial proceeds to the punishment phase. A not guilty verdict ends the trial and discharges the de-fendant. If the jury is unable to agree to a unanimous verdict, a mistrial or "hung jury" occurs and the jury is discharged. The case may be retried at a later date.
11. The judge assesses punishment unless the defendant requests the jury to assess punishment or the state seeks the death penalty in a capital felony. The judge may be required to direct a supervision (probation) officer to prepare a presentence investigation report.
Testimony concerning the circumstances of the offense may be considered by the judge or jury in determining the punishment to be assessed. Victim impact evidence (e.g., degree of physical or emotional injury to the victim) may be admissible as a circum-stance of the offense if the evidence has some bearing on the defendant's personal responsibility and moral guilt. Evidence is also admissible concerning the defendant's prior criminal record, his/her general reputa-tion and character, and any other evidence of an extra-neous crime or bad act shown beyond a reasonable doubt to have been committed by the defendant.
After the introduction of evidence relevant to pun-ishment has been concluded, if the jury has the responsibility of assessing the punishment, the judge will give additional instructions as may be necessary and the order of procedure is the same as on the issue of guilt or innocence. If the jury fails to agree to a unanimous verdict on punishment, the verdict is not complete and a mistrial is declared and the jury discharged. The entire case may be retried at a later date.
Prior to the imposition of sentence by the court, if the court has received a victim impact statement it must consider the information provided in the statement. Before sentencing the defendant, the court is required to permit the defendant or his/her counsel a reasonable time to read the statement, comment on the statement, and, with the approval of the court, introduce testimony or other information alleging a factual inaccuracy in the statement.
Dismissal
The prosecutor may, with the consent of the judge, dismiss a criminal case. Common reasons for dismissal in-clude: (1) insufficient evidence - for example, after indict-ment trial preparation reveals a fatal lack of evidence such that the court would instruct a verdict for the defendant; (2) crucial evidence is suppressed (excluded) because of an ille-gal arrest or search; (3) the case is re-filed to correct mistakes in the information or indictment or to better plead the case; (4) at the request of the victim; (5) the defendant pleads guilty to other offenses; (6) the defendant has never been arrested; and/or (7) necessary witnesses cannot be located.
