What Does It Mean to Be Charged with a Crime? Understanding Your Rights and Next Steps

A criminal charge, also known as criminal charges, begins the process in the criminal justice system. Typically, a charge begins when law enforcement files it with the court. This can happen contemporaneously with an arrest, but not necessarily. Once filed by law enforcement, prosecutors have the decision to either accept or reject the charges. There are also times when a prosecutor will file the charge directly, circumventing law enforcement.

Once charged, your criminal record will show as “pending” status until there is a disposition for the criminal charge. The prosecutor must file a charging document called an information, or – in the case of felonies – present the case to Grand Jury for an indictment. If facing criminal charges in Central Texas, please reach out to ATX Legal for a free consultation.

The Criminal Charges Process and Its Implications

• Being charged with a crime means the government has formally accused you of committing a criminal offense.

• The charging process involves a police officer or prosecutor filing a complaint or indictment against you.

• The government must have enough evidence to establish probable cause that you committed the crime.

• Being charged with a crime does not mean you are found guilty or proven guilty; it means the government has enough evidence to pursue a criminal case against you.

• Felony charges are considered the most serious crimes and can have severe consequences if convicted.

• The charging process can be complex, and it’s essential to understand your rights and the implications of being charged with a crime.

Navigating the Criminal Justice System

• The criminal justice system is designed to ensure that individuals are treated fairly and that justice is served.

• If you are charged with a crime, you will need to navigate the criminal justice system, which can be overwhelming and intimidating.

• It’s essential to understand the different stages of the criminal justice system, including the charging process, arraignment, and trial.

• A grand jury may be involved in the charging process, especially for more serious crimes.

• The government must present evidence to the grand jury to establish probable cause that you committed the crime.

• During the trial, the jury will determine your guilt based solely on the evidence presented by both the prosecution and the defense.

Understanding Your Rights

• If you are charged with a crime, you have the right to a fair trial and the right to present evidence in your defense.

• You also have the right to remain silent and the right to an attorney.

• It’s essential to understand your rights and to assert them throughout the criminal justice process.

• You have the right to a speedy trial, and the government must provide you with discovery, which includes evidence they plan to use against you.

• You also have the right to confront witnesses and to present your own witnesses.

• You have the right to challenge any physical evidence presented by the prosecution during the trial.

Next Steps and Possible Outcomes Beyond Reasonable Doubt

• If you are charged with a crime, the next steps will depend on the specific circumstances of your case.

• You may be able to negotiate a plea bargain, which can reduce the severity of the charges or the sentence.

• You may also be able to have the charges dismissed or reduced, sometimes avoiding a conviction.

• If you go to trial, the government must prove your guilt beyond a reasonable doubt.

• If you are found guilty, you will be sentenced, and the sentence can range from probation to imprisonment, depending on the severity of the crime.

• A criminal record can have long-term consequences, including impacting your ability to find employment or housing.