What to Expect at Your Dallas Assault Crime Trial

What to Expect at Your Dallas Assault Crime Trial

Hey there! If you’ve been charged with assault in Dallas, you’re probably feeling stressed and unsure about what happens next. I totally get it – the legal system can be confusing and intimidating. But don’t worry, I’m here to walk you through the process and prepare you for what to expect at your Dallas assault trial.

First up, take a deep breath. An assault charge is serious, but it doesn’t mean your life is over. Plenty of folks in your shoes have gotten through this and come out the other side. With the right legal help and some perseverance on your part, you can too.

The Arrest

So the first thing that happens is you get arrested. I know, not fun at all. The police will take you to jail, take your fingerprints and mugshot, all that jazz. You’ll have to post bail to get released until your trial. Bail can be thousands of dollars depending on the charges, your criminal history, etc. If you can’t afford it, a bondsman can post bail for you for a 10% fee. Or you may be able to get released on a personal recognizance bond without paying bail. Your attorney can argue for lower bail or help you get a PR bond at your bail hearing.

While you’re in jail waiting for bail, the district attorney will decide whether or not to formally charge you. If it’s a misdemeanor like simple assault, you’ll be charged by “information.” If it’s a felony like aggravated assault, a grand jury has to indict you first.

Initial Court Appearances

Once you’re out on bail, you’ll have your first couple court appearances – the arraignment and initial appearance. At the arraignment, the judge reads you the charges and you enter a plea – guilty, not guilty, or no contest. Pleading not guilty is the usual move at this point. The initial appearance is when the judge decides whether to keep your bail as-is or change it.

Your attorney can argue to get your bail lowered or waived at these hearings. They can also file motions asking the judge to throw out the case due to lack of evidence, illegal arrest, etc. It’s a long shot, but worth trying to get the charges tossed early.

The Waiting Game

After your first couple court dates, you’ll have a long stretch of weekly or monthly court settings leading up to the trial. There might be meetings with the prosecutor to discuss plea bargain deals, exchanges of evidence between the defense and prosecution, and hearings to argue any pre-trial motions.

The whole process usually takes months or even over a year before going to trial. The courts have huge backlogs of cases, so there’s a lot of waiting around. It’s frustrating, but hang in there. Your attorney will let you know if you need to appear in court or can skip certain settings.

Plea Bargaining

Speaking of plea deals, the prosecutor will probably offer you one at some point. This means pleading guilty in exchange for a lighter sentence. Like pleading to a misdemeanor assault instead of a felony, or getting probation instead of jail time. Consider any offers carefully with your lawyer’s advice. Accepting a deal can get you a better outcome than risking trial.

Trial Time

Okay, finally the big day comes – trial time! If you pleaded not guilty and turned down any plea deals, now’s your chance to fight the charges in court. First 12 jurors are picked to hear the case (6 for misdemeanors). Then it’s time for testimony and evidence.

The prosecutor presents their witnesses and evidence first to try to prove “beyond a reasonable doubt” that you’re guilty. Your defense attorney can cross-examine their witnesses and object to evidence.

Next your lawyer presents your defense case – witnesses or evidence supporting your innocence or discrediting the prosecution’s claims. You may testify too, but are not required to. After closing arguments from both sides, the jury deliberates and returns a verdict.

If found guilty, the judge will sentence you based on the law and facts of the case. Possible sentences include fines, probation, and jail time. Your attorney can argue for the lightest sentence possible.

Appeals and Civil Suits

If you’re found guilty at trial, you can appeal based on any legal errors or issues with how the trial was conducted. Talk to your lawyer about grounds for an appeal. Keep in mind appeals rarely lead to an overturned conviction.

Also be aware that the alleged victim can sue you in civil court for monetary damages, even if you’re found not guilty at your criminal trial. The standards of evidence are lower in civil cases, so it’s easier to lose. Consult a civil litigation attorney if you get sued.

Finding the Right Lawyer

Clearly you’ve got a lot on your plate fighting an assault charge. Having an experienced Dallas criminal defense attorney in your corner makes a huge difference. Look for someone who specializes in assault cases and has a record of success at trial. Be sure you have a good rapport – you want a lawyer who hears you out and keeps you informed.

Don’t just go with the cheapest attorney you can find. This is serious business that can impact years of your life. A top-notch lawyer is worth investing in. Ask friends for recommendations, research online reviews, and interview a few lawyers before deciding.

Whew, that was a lot of info! I know your head is probably spinning trying to absorb it all. Don’t stress – your lawyer will guide you through every step along the way. The waiting and uncertainty is hard, but stay positive. With smart legal strategies and determination, you can beat these charges. It’ll take time and effort, but you got this! Let me know if you have any other questions.

References

[1] https://www.criminalattorneyfortworth.com/what-to-expect-after-getting-a-texas-assault-charge/amp/

[2] https://versustexas.com/blog/court-settings/

[3] https://www.mcconathylaw.com/criminal-defense/texas-criminal-process/

[4] https://www.rbisenberg.com/faqs/what-happens-during-an-arraignment-in-texas/

https://www.dallascounty.org/government/district-attorney/faqs.php

https://www.dallascounty.org/government/district-attorney/cj-process.php