What is the Texas Federal Felony Case Process | Houston Criminal Law
Dan Cogdell – Introduction
You’ve been charged with a federal felony, and you’re wondering what are the steps, how long does it take, what happens. Hello, my name is Dan Cogdell. I’m a criminal defense lawyer in the State of Texas, and I have been for 32 years.
Federal Offenses in Texas
If you’re charged with a federal offense in the State of Texas, here are a few things you need to know. First thing that you need to know is federal cases, generally speaking, have a fairly long lifespan. It might take a year. It might take two years, but they are not something, generally speaking, that will resolve quickly.
Bail Hearing
Usually, the very first process is the bail hearing. At that hearing a judge determines whether or not you’re going to get a bail, how much bail or bond is going to be required to be posted. Oftentimes, your lawyer can agree with the government as to what an appropriate bond is, but sometimes the prosecutors won’t agree to an appropriate bond, and there’s an actual hearing to determine what it should be.
Discovery Process
The second part of the process is the discovery process. It’s here that your lawyer learns what the evidence is against you, and what the proof is against you. At the same time, your lawyer should be conducting an independent investigation to advance your theory, and to find witnesses that can help you.
Trial Preparation
The third aspect of it is the actual preparation for trial or a plea. It’s during this process when your lawyer sits down with you and evaluates the evidence that they have against you, that the government has against you, and you go over that evidence with your lawyer, and you learn exactly what the nature of the government’s case is against you. If your decision is the trial of the case, the trial generally is about a year, sometimes a little more, sometimes a little less from the date that you are charged. Again, it’s case specific. Different judges have different scheduling, different orders, and different practices, but usually speaking, it’s a period of months up to a year or so before your case is actually tried.
Federal Criminal Trial
Of course, the most important part of the federal criminal process is the trial itself. Again, a trial can last anywhere from a number of days to a number of weeks, or months. I’ve been in some federal trials for four and five months at a time.
Sentencing Process
The next process, hopefully, is a process that you can avoid, and that’s the sentencing process. If the trial works out in your favor, obviously, you’re acquitted, and you go home. If there’s a guilty verdict, the sentencing process occurs. That process is generally two or three months after that point in time where there’s a conviction, if there is a conviction. That process is decided by the judge. That, in and of itself, the sentencing process can be a fairly lengthy process on its own. It can last a day, or two, or even longer.
Cogdell Law Firm
Recognize that what we’ve just talked about is simply a basic overview of the general process. It varies from case to case, from defendant to defendant, from judge to judge. Your going to have more questions, your going to have more concerns, and your going to want more answers. And if you have those questions, if you have those concerns, if you want those answers, call me. I’m Dan Cogdell. Thank you for listening.