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****This is a very brief, general guide intended
to allow a layman to get an idea of the legal process in Texas criminal
law. "Legalese" and other gobbledegook is limited.
PRETRIAL
Between arraignment
and trial, the judge may hold "pretrial hearings" to decide some
matters. Many matters may be argued at trial while jury and witnesses wait,
potentially delaying the trial while complex legal arguments and facts
are argued.
Pretrial hearings can make trials run more smoothly and
even prevent some trials from happening.
For example, a judge can hold a pretrial hearing to decide
whether to throw out evidence that police obtained illegally, perhaps because
the police made an arrest
without probable cause. Illegally obtained evidence should
not be heard by the jury, so the judge must determine whether evidence
was illegally obtained before it can be allowed in front of the jury. A
judge cannot make such a decision before hearing what happened. Having
the judge hear testimony while a jury waits can be avoided by having a
pretrial hearing.
Another important function of pretrial hearings is "discovery",
a process in which the judge can order the prosecutor to give evidence
to the accused.
Generally, a judge is not required to hold pretrial hearings,
but most do. Some judges set pretrial hearing deadlines in every case,
while others require the prosecutor or defense attorney to initiate hearings
where needed.
Pretrial hearings can also set groundrules for trial,
such as determining whether a witness must appear or whether witnesses
can say certain words.
There is no end to what may be considered in a pretrial
hearing. It depends only upon the originality of the attorneys and the
willingness of a judge to hear the argument.
Back to Criminal Defense
in General
*All answers are for people 21 years or older, do not involve enhancements,
are not exclusive, and are limited to Texas.
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