
The idea that every accused person should get a fair trial is a central tenet of the American criminal justice system. Yet that idea does not always translate into the real world. In an ideal world, every defendant would get more than a lawyer–a defendant would get counsel that truly believes in them, who zealously advocates for their interests and doggedly challenges the prosecution at every step.
At Pennington Law PLLC, our Round Rock trial lawyers might not be able to change the world–but we can sure make that ideal a little more real for every client who walks through our doors.
The justice system in Texas might be broken into three broad categories–pretrial, the trial itself and (if a guilty verdict is reached), the appeals process.
Within 48 hours of arrest, the police must present the accused to an officer of the court, wherein charges will be made. Setting bail also happens in this very early stage–sometimes at the same hearing where the accused is presented to the court. The quicker a defendant calls a lawyer from our office, the better chance we have of influencing the decision on bail.
Judges have discretion in whether bail is set and what the amount should be. A manageable bail figure will go a long way toward deciding what the defendant’s quality of life will be throughout this entire process. Our attorneys can draw on factors ranging from previous records (if any) to community ties (family, etc.) to the nature of the alleged crime itself to help make the case for a manageable bail amount.
In cases where the charge is a felony, the prosecutors are obliged to go one step further and secure a grand jury indictment. Like a regular trial jury, the grand jury consists of 12 people. But unlike a standard trial jury, it only requires the assent of 9 people to secure an indictment. That’s because the grand jury is only assessing whether there is probable cause. The grand jury process is there to eliminate cases where evidence is clearly lacking, and a trial would be a waste of time and resources.
If the grand jury does vote to indict, then the process of legal discovery and pretrial motions begins. Our Round Rock trial attorneys will have the right to see all evidence the prosecution has as a part of discovery. In pretrial motions, the evidence can be challenged. Did police officers have a warrant to conduct a search? Did they have probable cause for a stop that ended up yielding evidence?
When evidence is obtained outside the bounds of proper conduct, then the defense lawyer can make a motion that it be dismissed–meaning the jury will never see or know about the evidence. A good trial lawyer can do much good for their client in holding officers of the law accountable and potentially reshaping the information that can be presented at trial.
The final stage of pretrial activity is the all-important area of jury selection. Skilled defense lawyers understand what type of person will be most sympathetic to the defendant and to the line of argument defense counsel plans to put forward. It’s important that a Round Rock trial lawyer be able to think outside the box and apply fresh thinking. Human beings are complex, and understanding what motivates us often requires good questioning. The collaborative process of jury selection, where the prosecutor, defense lawyer and court all combine to select the jury requires that kind of creative questioning and flexible thinking.