Should I Plead Guilty or Not Guilty on My First Court Date in Harris County?

Should I Plead Guilty or Not Guilty on My First Court Date in Harris County?

If you have been arrested in Harris County and are preparing for your first criminal court date, one of the first questions that comes to mind is:

👉 “Should I plead guilty or not guilty?”

This is an important question, but the short answer is simple:  First of all, they almost never ask you to enter a plea in Harris County, so you wont have to worry about this.  But if you are in another county, or if by chance they do ask you to enter a plea, you should almost always plead Not Guilty at your first court date.

In fact, in Harris County, it is assumed that everyone will plead Not Guilty at their initial appearance. Here’s why: at that first setting, the prosecutor has not yet provided any evidence, and your attorney has had no chance to review the facts of the case. A plea of Not Guilty simply preserves your rights, allows your lawyer to start investigating, and ensures you don’t give up leverage before the process even begins.

This article will walk you through what happens on your first court date in Harris County, what your options are if you don’t yet have a criminal defense lawyer, how pleas work, and other essential things you need to know.

Key Takeaways

• On your first court date in Harris County, no one expects you to plead Guilty. It almost never happens, and they typically don’t ask.
• Everyone is assumed to start with a Not Guilty plea, because evidence has not yet been shared.
• If you don’t have a lawyer, you can ask for time to hire one, request a court-appointed lawyer, or (not recommended) represent yourself.
• If you hire Attorney Eric Benavides, you’ll have an experienced Houston criminal lawyer who has defended clients since 2008 and dedicates 100% of his practice to criminal law.
• First impressions matter in court. Dress well, be on time, and act respectfully.
• A Not Guilty plea is just a formality and will not hurt you later.

What Typically Happens on a First Court Date in Harris County?

If you are represented by an attorney, here’s the typical order of events at your first court appearance:

1. Judge Calls You Up With Your Lawyer
   You will be called to the bench with your attorney. The judge will confirm your identity and representation.
2. The Judge Reads Your Legal Warnings
   Every defendant is read their legal rights and warnings, including the right to remain silent, the right to counsel, and the right to a fair trial.
3. The Judge Hears Probable Cause
   The court will determine if there is probable cause for your arrest—meaning enough basic evidence exists for the case to move forward. This is not a trial; it’s just a procedural step to confirm the charge is valid.
4. Bond Conditions Are Reviewed
   The judge will remind you of any bond conditions already set (or modify them). These may include:
   • No contact with the complainant
   • GPS ankle monitor
   • Drug/alcohol testing
   • Curfew
   • Firearms restrictions
   • Interlock machines for DWIs
   • Travel restrictions
5. A New Court Date is Set
   The judge will schedule your next appearance, which gives your lawyer time to request the evidence (known as “discovery”) from the District Attorney’s office. Your defense officially begins at this point.

At this stage, no one expects you to make life-changing decisions like pleading guilty. It’s about starting the process.

What Happens If You Don’t Have a Lawyer Yet?

If you appear in court without an attorney, the judge will ask how you plan to proceed. In Harris County, you generally have three options:

1. Ask for Time to Hire a Lawyer
   You can tell the judge you need more time to hire your own lawyer. Judges almost always allow this, since having an attorney is your constitutional right.
2. Apply for a Court-Appointed Lawyer
   If you cannot afford an attorney, you can request a court-appointed lawyer. You will need to fill out financial paperwork and prove you are indigent.

⚠️ One big downside: you cannot choose who is appointed. The court assigns a lawyer at random. If you don’t like them or feel they aren’t fighting for you, you usually cannot switch unless there is a very serious problem.

3. Represent Yourself
   You can tell the judge you want to represent yourself (pro se). But this is almost always a terrible idea. Criminal law is complex, and judges will hold you to the same standard as an attorney. You won’t get special treatment for being inexperienced.

Why Having Your Own Lawyer Matters

When you hire your own attorney, you get to choose who represents you. You can find someone with experience in your type of case, someone you trust, and someone who will give your case the personal attention it deserves.

If you accept a court-appointed attorney, you don’t get to choose. You’re assigned whoever is next on the rotation. While many court-appointed lawyers work hard, the system can feel rushed and impersonal.

Once the court assigns you someone, you’re usually stuck with them—even if you feel they aren’t communicating or preparing properly. That’s why, if at all possible, it’s better to hire your own lawyer.

Why Hire Eric Benavides?

If you are facing a criminal charge in Houston or Harris County, Attorney Eric Benavides is an excellent choice.

• He has been a criminal defense lawyer since 2008.
• He has never been a prosecutor (meaning he has never worked to put people in jail—he has always defended the accused).
• He is 100% devoted to criminal defense. Unlike many lawyers who handle divorces, injury cases, and wills on the side, Eric focuses only on criminal law.

That dedication means he knows the Harris County courts, judges, and prosecutors inside and out. He has built his career helping people just like you.

Other Things You Should Do (and Not Do) on Your First Court Date

Your first impression in court matters. Judges, prosecutors, and even court staff notice how you present yourself. Here are 11 important tips for your first appearance in Harris County:

1. Don’t Be Late – Arrive early. Courts are strict about punctuality.
2. Dress Professionally – A suit isn’t required, but dress like you’re going to church. Clean, modest, respectful clothing is best.
3. Cover Tattoos – If you have tattoos that might be judged negatively, cover them up.
4. Limit Jewelry and Piercings – Keep your appearance simple and conservative.
5. Turn Your Phone Off – Nothing is worse than your phone ringing while the judge is talking.
6. No Hats, Shorts, Tank Tops, or Flip Flops – This is a courtroom, not the beach.
7. Leave Children at Home if Possible – Courts are stressful environments and not child-friendly.
8. Don’t Show Up Drunk or High – Yes, people actually do this, and yes, the judge will notice.
9. Don’t Smoke Weed Before Court – The smell carries, and it looks bad.
10. Get Rest the Night Before – Falling asleep in court shows disrespect and could get you in trouble.
11. No PDA in Court – Do not hug, kiss, or cuddle your significant other in the courtroom.

These small details show the judge that you respect the process, and they give your lawyer more credibility when fighting for you.

What Happens After the First Court Date?

After your first appearance, the case usually moves into the discovery phase:

• Your lawyer requests evidence from the prosecutor.
• This can include police reports, videos, witness statements, lab results, and more.
• Your lawyer will review everything and start building your defense.
• Additional court settings will follow, where your lawyer can negotiate, file motions, and prepare for trial if necessary.

Again, this is why pleading Guilty on the first day makes no sense—you and your lawyer don’t even know what evidence exists yet.

Start Your Case the Right Way with a Houston Criminal Defense Lawyer

If you have a court date in Harris County, don’t take chances with your freedom. Call Attorney Eric Benavides today. Start your case the right way—with a Not Guilty plea, a strong defense, and a lawyer fully dedicated to protecting your future.