Texas
Criminal Justice System
The State Legislature
develops laws and the criminal
justice system is charged with
both enforcing those laws and
sentencing offenders. Law
enforcement investigates and
apprehends suspected law
violators,
otherwise known as defendants or
offenders. The courts determine
the innocence or guilt of
offenders and sentence them.
Offenders often receive a
suspended sentence, which places
them under a term of community
supervision, a part of the court
system in Texas. The corrections
component includes jails and
prisons, which provide the
facilities for the incarceration
and rehabilitation of convicted
law offenders.
Offenders may be arrested and
sentenced for two different
types of offenses – misdemeanor
and felony. These offenses are
defined by the State Legislature
and are specified in the Texas
Penal Code. A misdemeanor means
an offense so designated by law
or punishable by fine,
confinement in county jail, or
by both a fine and confinement
in county jail. Examples of
misdemeanor offenses are driving
while intoxicated, simple
assault, and thefts of $1,500 or
less. A felony means an offense
so designated by law or
punishable by death, confinement
in the Institutional Division
(prison) or the State Jail
Division of the Texas Department
of Criminal Justice (according
to the level of the felony), or
by both a fine and confinement.
Some felony offenses are theft
more than $1,500, assault with a
deadly weapon, murder, third
convictions for driving while
intoxicated, and many
burglaries.
Misdemeanor offenses are divided
into classes, depending on the
seriousness of the offense. The
classifications set out the
potential punishments and are
divided into Class A, Class B,
and Class C misdemeanors.
Persons sentenced for Class A
and Class B misdemeanor offenses
may be placed under community
supervision (probation). Class A
misdemeanors carry a punishment
of a fine not to exceed $4,000,
confinement in jail for a term
not to exceed one year, or both
such fine and confinement. Class
B misdemeanor offenses are
punishable by a fine not to
exceed $2,000, confinement in
jail for a term not to exceed
180 days, or both such fine and
confinement. The punishment for
a Class C misdemeanor is a fine
not to exceed $500, which, with
few exceptions, precludes these
individuals from being placed
under community supervision
(probation), since there is no
jail sentence to suspend.
Felony offen
ses
are divided into five types,
from the most serious felony to
the least serious, and are also
defined by their punishment.
With the exception of persons
committing capital felonies,
habitual offenders, and certain
other violent offenders, persons
sentenced for felony offenses
are eligible for placement under
community supervision
(probation). A capital felony
offense carries punishment of
life in prison or the death
penalty. A first degree felony
is punishable by five to 99
years in prison and a fine not
to exceed $10,000. Second degree
felonies carry a punishment
range of two to 20 years in
prison and a fine of up to
$10,000. Third degree felonies
carry a punishment range of two
to 10 years in prison and a fine
up to $10,000. State Jail
felonies are punishable by a
term of 180 days to two years in
a state jail facility and a fine
of up to $10,000.
Once a crime is committed, a
suspect may or may not be
arrested by a law enforcement
agency. If an arrest takes place
for a Class B or higher offense,
the formal process to sentencing
is a lengthy one. The offender
is usually taken to jail. In the
formal process, a preliminary
hearing is held to determine
whether and how much bond will
be set. Bond is available to
most offenders except those
charged with the most serious of
offenses. The next step in
felony cases is a grand jury
hearing in which it is
determined by nine citizens, who
make up the grand jury and are
appointed by the district judge,
whether there is enough evidence
to formally charge the offender.
Misdemeanor offenders and some
felony offenders are charged
through a document known as
information, which serves the
same purpose as the indictment,
but is generated in the
prosecutor’s office. Once
indicted or formally charged,
the case is set for a hearing in
the state district court of
jurisdiction for felony
offenses, and in the county
court of jurisdiction for
misdemeanor offenses. The formal
process consists of a status of
attorney hearing, a pre-trial
hearing, jury selection, a jury
trial, deliberation to determine
guilt or innocence, and a
punishment phase of the trial
and pronouncement of sentence if
the offender is found guilty.
Both misdemeanor and felony
cases may proceed via a bench
trial instead of a jury trial.
In these cases, evidence is
presented to the judge instead
of a jury for consideration of
guilt, and if guilt is
determined by the
judge,
evidence is presented to that
same judge for sentencing. In
reality, few cases proceed via
the formal sentencing process.
The majority of offenders opt
for what is known as a plea
bargained sentence. These
offenders agree to plead guilty
to the judge in exchange for a
sentence known to them before
sentencing, although the judge
is never bound by the plea
bargain agreement. Many
misdemeanor offenders do so
without ever hiring an attorney
or having one appointed. Most
pleas occur without any event
occurring in the formal process
other than the indictment or
information being handed down,
perhaps a status of attorney
hearing, and the plea and
sentencing. Plea bargaining
allows the court system to
process cases much more quickly,
and to avoid a lengthy backlog
in case disposition as would
occur if every case went to
trial. The majority of offenders
who go through the court system
receive suspended sentences and
are placed under community
supervision (probation).