This is the next post in our series on the handling of Texas misdemeanor charges. We have previously looked at why Texas residents should recognize the serious nature of misdemeanor charges. We have also discussed texas-residents-should-hire-an-attorney-when-facing-misdemeanor-drug-charges,why one should hire an attorney when facing allegations of a drug-related crime. In this post we will look at the process of defending non-felony cases.
Georgetown and Austin residents charged with a misdemeanor will first appear in a Williamson County Court and enter a plea of guilty or not guilty. After the plea is entered then one’s lawyer will begin the process of preparing a defense. This process will include acquiring and analyzing all police reports, investigating the scene of the incident, determining if there are other witnesses and interviewing them, as well as determining if there is other evidence which is relevant to the case. Your lawyer will also file any necessary pretrial motions during this process.
Your pretrial motions will be heard prior to trial. Such motions will typically involve search and seizure issues and whether particular evidence or statements may be used against you in Court. Other motions may decide whether or not certain testimony may or may not be offered as well as whether prejudicial evidence, such as photographs of an injured victim, may be introduced. Trial will typically be held in front of a jury; both sides may agree to waive the right to a jury trial and, if there is a waiver, then the case will be decided by a Judge. One’s guilt or innocence will be decided at the conclusion of the trial.