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TheMisdemeanor Process
"Itshall be the primary duty of all prosecuting attorneys...not to convict, but tosee that justice is done." Art. 2.01 Texas Code of CriminalProcedure
TheCounty Attorney handles over 11,000 new misdemeanor cases each year. Thesecrimes contribute to the steady erosion of our community's civility, order, andsafety. These crimes, if undeterred, can and will erode the quality of life forall of the citizens of Nacogdoches County.
AsNacogdoches County grows, its citizens must remain vigilant to lower the numberof these quality of life crimes. The County Attorney thanks all thosecitizens who contribute to public safety through jury service, volunteerorganizations, and reports of crime to law enforcement.
Table of Contents
Classesof Misdemeanors:
ThisOffice is responsible for the prosecution of all misdemeanor cases that arefiled in Nacogdoches County. "Misdemeanor" is defined in the law as anycrime where the maximum possible jail time is one year or less. There arethree categories of misdemeanors: Class A; Class B; and Class C.
Class Amisdemeanors are punishable by a fine of up to $4,000 and/or confinement injail of up to one year. Some examples of Class A misdemeanor offensesinclude assault causing bodily injury, driving while intoxicated second offenseor driving while intoxicated with a breath or blood result of .15 or higher,theft of property valued at $500 to $1500, and resisting arrest.
Class Bmisdemeanors are punishable by a fine of up to $2,000 and/or confinement injail of up to six months. Some examples of Class B misdemeanor offensesinclude driving while intoxicated first offense, possession of marijuana lessthan two ounces, and telephone harassment.
BothClass A and B misdemeanors are handled in the three County-Courts-at-Law.
Class Cmisdemeanors are punishable by a fine of $500 or less and no jail time.Those cases are typically heard in the four Justice of the Peace courts inNacogdoches County. Prosecutors from this office are assigned toprosecute those cases in the individual justice courts.
Anatomyof a Misdemeanor Criminal Case:
Arrest- A criminal case begins when a law enforcement agency makes an arrest based onprobable cause to believe that a criminal offense has been committed.After the arrest has been made, the case is sent to the County Attorney'sOffice. A prosecutor will read the offense report submitted by the lawenforcement agency and make a decision on whether the case should be filed.
FirstAppearance Docket - A person charged with an offense is called a"defendant." Misdemeanor defendants are initially given a firstappearance setting. For defendants who bond out of jail, this date is usuallylocated on the bond paperwork. For defendants who do not bond out of jail,they are usually scheduled for court on the first Tuesday after the defendantwas arrested. Defendants should dress appropriately for court. At thisfirst setting, the Judge will advise you of your rights, including, amongothers, your right to counsel. Defendants may discuss their case with aprosecutor at this docket if the defendant chooses to do so. Usually, aprosecutor will provide the defendant and/or the defendant's attorney, an offerto resolve the case - often referred to as a plea bargain offer. The offerwill usually be probation, jail time or fine only. If after visiting with aprosecutor, the defendant wants to plead guilty, not guilty or no contest, hemay do so. If a defendant pleads guilty or no contest, the Judge will usuallytake the guilty plea on the same day. If a defendant pleads not guilty, theJudge will usually ask the defendant if he intends to hire a counsel or if heintends to represent himself. Some defendants may qualify for anappointed attorney if the Judge determines that the defendant meets indigencyrequirements.
SecondAppearance - If your case is not resolved on the First Appearance Docket, yourcase may be reset a few weeks later for a Second Appearance or it may be scheduledfor Docket Call and Jury Selection.
DocketCall - If your case is not resolved on the First Appearance Docket, the casewill likely be set for Docket Call. Docket Call is a last opportunity for youand/or your attorney and the prosecutors to discuss the case. If the case isnot resolved at Docket Call, the case will be set for jury selection two weekslater.
TrialBefore the Court - A defendant may waive his or her right to a trial by jury.The case can then be heard by the judge in a trial before the court. Theprosecutor must also agree to waive trial by jury in order to have a trialbefore the court. The judge decides the guilt or innocence of thedefendant as well as any punishment.
JuryTrial - A jury trial is the embodiment of the American criminal justicesystem. Six people are selected from a pool of citizens called a"venire." Those six people sit as a jury in the criminal trial of thedefendant. The jury hears the testimony and evidence. After theevidence has been presented, the jury "deliberates" or discusses the facts ofthe case amongst themselves and decides a verdict of guilty or notguilty. The jury may only return a verdict of guilty if they areconvinced beyond a reasonable doubt of the defendant's guilt.
PleaSetting - Most criminal cases in the United States are resolved without a trialthrough a process known as plea bargaining. Plea bargaining allows forfair and just resolution of criminal cases while effectively conserving theresources of the criminal justice system.
