The plea negotiations stalled. Your attorney says the offer isn't worth taking. Now you're facing trial.
You've seen courtroom scenes on TV, but those condensed dramas skip the waiting, the procedural motions, and the reality that Texas criminal trials unfold in two separate phases: one to determine guilt or innocence, and another to decide punishment if you're convicted.
A criminal trial in Texas follows a structured process governed by the Texas Code of Criminal Procedure. From jury selection through verdict and sentencing, each phase has specific rules about what the jury hears, what evidence gets admitted, and who decides your fate.
If you're facing criminal charges in Houston or anywhere in Harris County and need an attorney with trial experience and real case results, contact Benavides Law Group for a free, confidential consultation. Se habla Español.
Key Takeaways About Texas Criminal Trials
- Texas criminal trials are bifurcated, meaning they happen in two separate phases—the guilt-innocence phase determines whether you're guilty, and if convicted, a separate punishment phase determines your sentence
- You can choose between a jury trial or a bench trial in most cases, with twelve jurors deciding guilt (and possibly punishment) in a jury trial, while the judge makes both decisions in a bench trial
- Jury selection (voir dire) is where your trial really begins, as attorneys question potential jurors to identify biases, and both sides can strike jurors through peremptory challenges or challenges for cause
- The prosecution carries the burden of proving guilt beyond a reasonable doubt, presenting its case first, while the defense can challenge through cross-examination, motions, and objections
- The punishment phase allows evidence that wouldn't be admissible during guilt-innocence, as prosecutors can introduce prior bad acts, extraneous offenses, and victim impact testimony that the jury never heard during the guilt phase
What's the Order of Events in a Texas Criminal Trial?
Texas criminal trials follow a specific sequence outlined in the Texas Code of Criminal Procedure. A lot happens between the time of your arrest, charging, and trial. Understanding the order helps clarify what happens at each stage and why.
Jury Selection (Voir Dire)
Before the trial officially begins, attorneys question potential jurors to identify biases and determine who will serve on the panel. This process, called voir dire, is governed by Chapter 35 of the Texas Code of Criminal Procedure.
Both sides can remove jurors through challenges for cause (unlimited, with judge approval) or peremptory strikes (limited number, no reason required). Jury selection can take hours or even days in serious cases.
Reading the Indictment
The trial begins with the clerk or prosecutor reading the formal charging document to the jury. This tells the jury exactly what crime you're accused of committing.
Opening Statements
The prosecution goes first, outlining what they intend to prove and what evidence the jury will see. The defense can give an opening statement immediately after or wait until the prosecution rests. Opening statements are not evidence—they're previews of what each side expects the evidence to show.
State's Case-in-Chief
The prosecution presents its evidence through witnesses, documents, photos, video, and physical exhibits. Each witness undergoes direct examination by the prosecutor, followed by cross-examination by the defense. The state carries the burden of proving every element of the crime beyond a reasonable doubt.
Defense Case (Optional)
After the state rests, the defense can present its own witnesses and evidence, but it's not required to. The defendant has no obligation to testify, call witnesses, or prove innocence. Many defense strategies focus entirely on poking holes in the state's case through cross-examination and closing arguments.
Rebuttal (If Applicable)
If the defense presents evidence, the prosecution may offer rebuttal evidence to counter it. Rebuttal is limited to responding to new issues raised by the defense.
Closing Arguments
Both sides summarize the evidence and argue why the jury should rule in their favor. The prosecution goes first, the defense responds, and the prosecution gets a final rebuttal. Closing arguments are where attorneys connect the dots, highlight weaknesses in the other side's case, and appeal to the jury's sense of justice and reasonable doubt.
Jury Charge and Instructions
The judge reads instructions to the jury explaining the law, the elements of the offense, the burden of proof, and how to apply the law to the facts. The jury charge is critical because it defines what the jury can consider and how they should deliberate.
Jury Deliberation
The jury retires to a private room to discuss the case and reach a verdict. In Texas criminal cases, the verdict must be unanimous. If the jury cannot agree, the result is a hung jury, and the case may be retried.
Verdict
The jury returns to the courtroom and announces its verdict—guilty or not guilty. If the verdict is not guilty, you're acquitted, and the case ends. If the verdict is guilty, the trial moves to the punishment phase.
Sentencing Phase (If Convicted)
If you're found guilty, a separate punishment hearing determines your sentence. You can choose whether the judge or jury decides punishment.
During this phase, the rules of evidence expand significantly. Prosecutors can introduce prior convictions, extraneous offenses, victim impact testimony, and character evidence under Texas Code of Criminal Procedure Article 37.07. The defense presents mitigation evidence before the judge or jury assesses punishment within the range set by law.
How Does Jury Selection (Voir Dire) Work in a Texas Criminal Trial?
Jury selection, called voir dire, is the process where attorneys question potential jurors to identify biases and determine who will serve on the jury.
The court summons a pool of potential jurors, called a venire. The judge and attorneys question these individuals about their backgrounds, beliefs, biases, and ability to follow the law. Questions cover topics like prior jury service, knowledge of the case, relationships with law enforcement, opinions about the criminal justice system, and any experiences that might affect their ability to be fair.
Attorneys use two types of challenges to remove jurors:
- Challenges for cause: If a juror demonstrates clear bias, inability to follow the law, or a relationship with a party in the case, attorneys can ask the judge to remove them for cause. There's no limit on challenges for cause, but the judge must agree that the juror is unsuitable.
- Peremptory challenges: Each side gets a limited number of strikes (typically ten in felony cases) to remove jurors without stating a reason. These strikes allow attorneys to remove jurors based on strategy, gut instinct, or concerns that don't rise to the level of legal bias. However, peremptory strikes cannot be used to discriminate based on race or gender.
Voir dire can take hours or even days in serious cases. It's not just about removing bad jurors, but about educating the panel on your defense theory, identifying sympathetic jurors, and building rapport before the trial even starts.
Can I Choose a Trial by Judge Instead of a Jury Trial in Texas?
Yes, in most cases. Texas law allows defendants to waive their right to a jury trial and instead have a judge decide guilt or innocence in what's called a bench trial.
In a jury trial, twelve jurors determine whether you're guilty beyond a reasonable doubt. If you're convicted, you can choose whether the judge or the jury decides your punishment. In a bench trial, the judge makes both the guilt and punishment decisions.
Waiving your right to a jury requires written consent filed with the court, and the prosecution and judge must both agree to the waiver. Defendants may prefer bench trials when the case involves complex legal issues, technical evidence, or facts that might emotionally sway a jury.
The decision between a jury and a bench trial is strategic. It depends on the specific facts of your case, the judge assigned, the strength of the state's evidence, and whether your defense theory appeals more to legal analysis or common sense.
Do Opening Statements and Closing Arguments Count as Evidence?
No. Opening statements and closing arguments are not evidence. They're summaries and interpretations of what the attorneys expect the evidence to show or have shown.
Opening statements preview the case. Prosecutors outline what they'll prove, and defense attorneys explain what weaknesses the jury should look for in the state's case. Jurors are instructed that opening statements are not evidence and should not be considered as such.
Closing arguments allow attorneys to argue their interpretation of the evidence, highlight inconsistencies, connect testimony to the law, and persuade the jury. Attorneys can draw inferences, challenge credibility, and argue why the evidence does or doesn't meet the burden of proof. But they cannot introduce new facts or testify.
Evidence comes only from sworn witness testimony, admitted exhibits, and stipulations agreed to by both parties. Everything else is argument, and the jury is instructed to base its verdict solely on the evidence presented during the trial.
After the Verdict: Sentencing, Probation, and Appeals
If the jury returns a not guilty verdict, you're acquitted. The case ends, and you cannot be retried for the same offense under double jeopardy protections.
If the jury convicts you, the trial moves to the punishment phase. After the judge or jury assesses punishment, the court formally sentences you. Sentencing options depend on the offense level and your criminal history and may include:
- Prison or jail time: Incarceration in a county jail (misdemeanors and state jail felonies) or state prison (felonies).
- Probation (community supervision): Instead of serving time, you complete a probationary period with conditions like reporting to a probation officer, drug testing, community service, counseling, and staying out of trouble. Violating probation can result in revocation and imposition of the original sentence.
- Fines and restitution: Courts may impose fines, court costs, and restitution payments to victims.
- Deferred adjudication: In some cases, the judge may offer deferred adjudication, where you plead guilty but the court withholds a finding of guilt. If you complete probation successfully, the case is dismissed. This option isn't available for all offenses and requires negotiation before trial.
After sentencing, you have the right to appeal. Appeals focus on legal errors made during trial, including improper evidence admission, incorrect jury instructions, prosecutorial misconduct, or ineffective assistance of counsel. Appeals don't retry the facts; they review whether the trial was conducted fairly under the law. Deadlines for filing appeals are strict, and missing them can waive your right to challenge the conviction.
What Should I Do to Prepare for a Criminal Trial in Texas?
Preparing for trial requires more than just showing up. Your criminal defense lawyer will handle the legal strategy, but your cooperation and preparation directly affect the outcome.
Work with your attorney on trial strategy: Discuss whether to testify, which witnesses to call, what evidence to challenge, and whether to pursue a jury or bench trial. Your attorney needs complete honesty about the facts, your background, and any weaknesses the prosecution might exploit.
Understand the charges and evidence: Know exactly what the state must prove and what evidence they have. Review discovery materials, police reports, witness statements, and any physical evidence. Identify inconsistencies, gaps, and weaknesses in the state's case.
Prepare for testimony (if you testify): If you decide to testify, practice direct examination and cross-examination with your attorney. Prosecutors will challenge your credibility, so you need to stay calm, honest, and consistent under pressure.
Gather mitigation evidence for punishment: Even if you're confident in your defense, prepare for the possibility of a guilty verdict. Collect character letters, employment records, treatment completion certificates, and anything that humanizes you and shows potential for rehabilitation.
Dress appropriately and behave respectfully: Jurors form impressions quickly. Dress conservatively, arrive on time, stay attentive during testimony, and show respect for the court. Body language, reactions, and demeanor matter.
FAQ About Criminal Trials in Texas
Can the Prosecution Use My Past Arrests during the Guilt-Innocence Phase?
Generally, no. Prior arrests that didn't result in convictions are typically inadmissible during the guilt-innocence phase. However, prior convictions may be admissible if relevant to credibility, motive, or intent. During the punishment phase, prosecutors can introduce a much broader range of prior bad acts under Article 37.07.
What Happens if the Jury Can’t Reach a Unanimous Verdict?
If the jury cannot unanimously agree on guilt or innocence, the judge declares a mistrial due to a hung jury. The prosecution can retry the case with a new jury, dismiss the charges, or offer a new plea agreement.
Do I Have to Testify at My Own Trial?
No. You have a Fifth Amendment right against self-incrimination, and you cannot be forced to testify. The jury will be instructed that they cannot consider your decision not to testify as evidence of guilt. Whether to testify is a strategic decision made with your attorney based on the strength of your testimony and the risks of cross-examination.
What Happens if I Need to Use the Bathroom or Feel Sick during Trial?
Court typically breaks for lunch and short recesses throughout the day, but trials can run for hours at a time. If you need a break during testimony, your attorney can request a recess, though judges prefer to wait for natural breaks between witnesses. If you feel ill, dizzy, or unable to continue, tell your attorney immediately. Never leave the courtroom without permission.
Can My Family and Friends Attend the Trial?
Yes, in most cases. Texas criminal trials are public proceedings, and anyone can attend unless the judge closes the courtroom for specific legal reasons (such as testimony from a minor victim in certain cases). Your family's presence can provide emotional support, but they must follow courtroom rules: no talking, no phone use, no disruptive behavior, and no communication with you during proceedings.
What Does "Beyond a Reasonable Doubt" Mean in a Texas Criminal Trial?
This is the highest legal standard of proof. It means the jury or judge must feel firmly convinced of your guilt after considering all the evidence. It does not require absolute certainty, but if a juror finds a plausible reason to doubt any essential element of the crime, the law requires them to return a not guilty verdict.
You don’t need to prove this. The prosecution carries this burden of proof and must convince the jury beyond a reasonable doubt you committed the crime.
The Trial Is Where Your Defense Proves Itself
Criminal trials in Texas are structured, high-stakes proceedings where every procedural decision matters. From jury selection through verdict and sentencing, the rules governing evidence, burden of proof, and jury instructions shape the outcome.
If you're facing trial in Houston or anywhere in Harris County, contact Benavides Law Group for a free, confidential consultation. We'll review the state's case, identify weaknesses, and build a trial strategy that protects your rights and your future. Se habla Español.