Texas and Federal Criminal Justice Systems
State System:
District Courts try felony cases like possession of cocaine, and misdemeanor cases involving official misconduct. In a District court an accused has a right to a 12-person jury trial.
County Courts try misdemeanors in which jail is a possibility, like a first or second DWI. In a County Court an accused has a right to a 6-person jury trial.
Justice Courts (JP's) and Municipal courts try misdemeanor cases like traffic tickets punishable by a fine only.
The State must prove its case beyond a reasonable doubt, compare this with probation revocation in which the hearing is before a judge and the state need only prove a violation by a preponderance (more likely than not) of the evidence.
In a plea bargain, the District Attorney and the accused agree on a sentence to recommend to the judge. The bargaining is over sentencing: how much time an accused spends in prison, jail, or on probation.
If the defendant chooses, a jury can sentence him. It is even possible to plead guilty to a jury. In some cases the jury can sentence the defendant to probation while the judge cannot do so. But there are many more cases in which the jury cannot give probation.
In non-death penalty cases, direct Appeals go to one of the fourteen Intermediate Appellate courts. The losing party on appeal may file a Petition for Discretionary Review (PDR) with the Texas Court of Criminal Appeals.
In the Federal system
US District Courts try mostly federal felonies, although there are some federal misdemeanors as well. An accused has a right to a jury trial.
There are at least three substantial differences between Texas and Federal criminal practice: in federal court there is no jury sentencing. The plea-bargaining is over charges instead of over sentencing, largely because the Sentencing Guidelines drastically restrict a federal judge's flexibility.
Most of the conflict in federal sentencing takes place over the judge's power to make a "downward departure" from the sentence indicated by the defendant's sentencing guideline score.
Appeals from federal courts in Texas go to the US Court of Appeals for the Fifth Circuit in New Orleans. The US Supreme Court will occasionally hear cases from a Texas Court of Appeal as well as from the Federal Court of Appeal.
The most important thing for a defendant in any criminal case is to make sure not to unwittingly give up the appeal rights, which can easily happen not appealing in the allotted time for appeal.
Most Dallas County, Texas plea papers state, one way or another, that in exchange for the DA's deal the defendant gives up his appeal rights. Most cases are not appealed. Your lawyer will discuss with you what appellate courts do and not do, and will outline for you a strategy based on possible issues, and the extent of your chances on appeal.
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