Frequently Asked Questions

See our Victim Assistance page.

We do not communicate in real time with the family and friends of defendants unless those families and friends are also the victims in the case. However, we do know that sometimes people can be wrongly accused of a crime or they are in a position where they need drug/alcohol treatment or mental health intervention. If you have information that you believe can help us obtain justice or keep someone from being wrongly convicted of a crime then you can reach us at dojustice@wallercounty.us
Click here for more information for families and close friends of those accused of a criminal offense.
Haga clic aquí para obtener más información para las familias y amigos cercanos de los acusados de un delito en español.

Before an arrest is made, a complaint must be filed charging an individual with a crime. A complaint is a sworn document filed by someone with direct or investigative knowledge of the crime. After a complaint is filed, a peace officer obtains an arrest warrant from a judge and can then legally arrest the accused. If a peace officer sees someone commit a crime then they can arrest the individual on sight. Within 48 hours a judge has to make a finding that the peace officer had legal grounds to arrest the individual or else that individual must be released.

After being arrested, the accused (now called the defendant) is taken before a judge who explains the charges in the complaint. The judge sets a bail amount and advises the defendant of his/her rights. The legal purpose of bail is to guarantee the defendant’s appearance in court for later proceedings. Bail is allowed in virtually all cases, including felonies.
In setting the bail amount, the judge considers the seriousness of the offense and the defendant’s ability to raise the necessary money. If the defendant cannot post bail, he/she remains in custody and is normally transferred to the county jail to await further action in the case.  

The local law enforcement agency investigating a case presents it to the Waller County District Attorney’s Office after completing their investigation. We evaluate the case to determine if there is sufficient evidence to prove an offense was committed and the person accused actually committed the crime.  

By Texas law, a felony case can only be filed in district court if a Grand Jury believes there is sufficient evidence to prove that a person has committed a felony and issues an indictment, called a true bill. If at least nine Grand Jurors do not vote in favor of indicting the defendant, the case is terminated (no-billed). The prosecutor assists the Grand Jury in reviewing the evidence, but their deliberations regarding the case are confidential and held behind closed doors. Only Grand Jurors are present when voting to indict or terminate a case.

After the criminal case has been filed, the case is scheduled for a Pre-Trial Hearing where the defense attorney advises the judge whether the defendant wants to go to trial or plead guilty. If the defendant prefers a trial, the defense notifies the judge if a jury is required. Certain motions concerning legal issues may also be heard at this time. If a defendant’s presence is required at the Pre-Trial Hearing, he/she is notified in advance. Defendants are informed of case progress and any changes that are made in a court setting, but they are not always required to appear.

During trial, the prosecutor presents the case for the State of Texas, attempting to prove beyond a reasonable doubt that the defendant committed the crime(s) he/she is charged with. The defendant may present his/her side of the case or no case at all. The jury (if there is one) or the bench judge decide whether the State’s case has been proven by legally-competent evidence beyond reasonable doubt.

If the defendant is found guilty, the punishment phase of the trial begins. Punishment is set within the range authorized by law. After being convicted, the defendant has the option to choose whether punishment is set by the judge or a jury.

Following a conviction, the defendant has a right to appeal to a higher court. The higher court reviews the case and trial for errors in procedure or application of the law. Appeals typically do not require much victim or witness involvement.

If the prosecutor determines there is not sufficient evidence to convict, he/she may file a motion asking the judge to dismiss the case. This is only done after a thorough investigation and after police have exhausted all avenues for obtaining additional evidence. The judge grants the motion to dismiss if he/she is satisfied that the case cannot be proven at trial.

A defendant may not want a trial and may choose to plead guilty. In this case, the judge would impose a sentence immediately or at a separate hearing.

The prosecution and the defense may decide to negotiate a plea in the case. The negotiated plea is an agreement between the attorney representing the State, the defendant, and the Defense Attorney. It acknowledges that the State recommends a specific punishment if the defendant will enter a guilty plea. There are advantages to both the State and the defendant in reaching such an agreement. The agreement is not binding upon the judge, who may impose any punishment within the range authorized by law.

The defense attorney or his/her investigator is performing a legal duty by investigating the case. The defense attorney or investigator may be appointed by the court if the defendant is indigent, but they do not work for the judge. You are free to discuss or refuse to discuss the case with the defense attorney or anyone employed by the defense. You should demand to see identification from anyone claiming to be investigating the case. If you have any concerns, feel free to call our office before you discuss the case with anyone.

Witnesses receive a subpoena which tells them when and where to appear, and what to bring with them. Our office will attempt to notify witnesses well in advance of the subpoena being issued. After receiving a subpoena, please check with our office before going to court as trial schedules can and do change.

Our office will usually schedule a conference with witnesses to discuss trial procedure before their court appearance. When you are called to testify, you will be questioned by the prosecutor and then cross-examined by the defense attorney. During cross-examination, you may feel that your motives for testifying are under attack, but the process is not meant to demean you. The defense attorney is charged by law with representing his/her client to the best of his/her ability. Close scrutiny of witness testimony is part of that defense.

When testifying in court, remember the truth of your testimony. Understand that the manner with which you give testimony and your appearance on the stand will all be considered by the jury or judge deciding the case. We recommend that you dress neatly and conservatively when appearing in court. You should not feel intimidated by the defense attorney’s cross-examination. Just keep in mind that your only obligation is to tell the truth.

As a general rule, witnesses are not compensated for appearing in court. If the witness is from outside the state or the county, travel expenses and a per diem may be allowed.

Stolen property can sometimes be returned to the owner before the trial and sometimes not, especially when dealing with currency or property that identifies the accused (fingerprints, DNA, etc.). Contact the police agency investigating the case to determine if your property can be returned before the trial. They can give our office any necessary documentation and affidavits needed to obtain a court order to restore your property. If your property must be held until trial, and/or received into court as evidence, it can usually be given back to you when the trial is over.