Criminal Law in Texas: What Happens After a Conviction

Criminal law in Texas can be complex, and understanding what happens after a conviction is crucial for anyone involved in the legal system. Once a person is found guilty, several steps follow, impacting their future significantly.

After a conviction in Texas, the first key phase is sentencing. The judge will set a date for the sentencing hearing, where the defendant, now a convicted individual, can present mitigating factors that may influence the severity of the punishment. During this hearing, the court will consider various factors, such as the nature of the crime, the defendant's prior criminal history, and any recommendations from the prosecution or defense.

The sentencing options in Texas range from probation to imprisonment, and in some severe cases, the death penalty may be applicable. The judge typically has broad discretion regarding the sentence, but certain guidelines and mandatory minimums exist for specific offenses.

Once sentenced, the convicted individual enters the next phase of the process: post-conviction rights and appeals. In Texas, a defendant has the right to appeal their conviction. This process must typically be initiated within 30 days following the sentencing. During this time, the defendant can challenge the legality of their trial, the evidence presented, or any legal mistakes made during the case.

It’s important to note that an appeal does not automatically result in a new trial. Instead, the appellate court reviews the trial record and determines whether any errors significantly impacted the verdict. If successful, the defendant may be granted a new trial, a reduction in sentence, or their conviction overturned entirely.

In cases where the appeal does not succeed, or if the defendant chooses not to appeal, the focus shifts to serving the sentence. In Texas, inmates serve their time in state prisons or jails, depending on the type of conviction. Those sentenced to probation may need to adhere to specific terms set by the court, such as regular check-ins with a probation officer, community service, or attending rehabilitation programs.

Upon completion of their sentence, individuals may seek to have their rights restored. In Texas, this process involves applying for a Certificate of Restoration of Voting Rights (CRVR). This certificate can restore the right to vote and carry certain professional licenses, but some restrictions may remain, especially for more severe offenses.

Furthermore, individuals with felony convictions may consider seeking a pardon from the Governor of Texas, although this process can be lengthy and is not guaranteed. A pardon can remove the legal disabilities that come with certain felonies, allowing for greater freedom in personal and professional opportunities.

In summary, the aftermath of a criminal conviction in Texas encompasses a series of legally significant steps, including sentencing, the appeals process, serving time, the restoration of rights, and potentially pursuing a pardon. Understanding these components is essential for anyone navigating the criminal justice system in Texas.