In this article, you can discover:
- The differences between misdemeanor and felony charges.
- When you should expect your first court date.
- What convictions may result in you going to
What Is The Difference Between Misdemeanor And Felony Charges In Texas?
A misdemeanor conviction is not viewed as a black mark, but felonies will impact your right to vote, bear arms, and in certain cases, some of your parental rights. The only misdemeanor that would impact your right to bear arms would be anything that involves family violence. A felony conviction would impact your right to have guns or ammunition as well.
Additionally, those charged with felony convictions will have higher penalties, including larger fines, extended periods in custody and prison, and more.
I Was Arrested Near Sherman, Texas. When Will I Have My First Court Date?
Your court date depends on what you are arrested for and whether you are in jail, or out on bond at the time.
Your court date for a misdemeanor takes a shorter period of time, particularly if you are already in jail.
Your court date for a felony depends on what type of offense you are charged with and what is involved in preparing evidence. For example, if there’s a blood lab or drug lab that needs to be run, results might take longer to get back – pushing your court date further into the future.
The other difference in timing between a misdemeanor and a felony would be if the case must come before the grand jury. In Texas, felonies are required to be presented to a grand jury for indictment purposes.
The grand jury looks at the evidence and determines whether there is probable cause that a crime has been committed by a particular individual. In Grayson County, the grand jury meets weekly, so it doesn’t stall the process as much. In smaller counties, the grand jury only meets monthly.
Will The Charges Against Me Be Dropped If I Wasn’t Read My Miranda Rights After An Arrest?
Dropping the charges against you because your Miranda rights were not read to you would have to be viewed in light of the facts of the entire case.
It depends on whether you were Mirandized at the jail. It also depends on whether or not you said anything. If you did not make any statements, your Miranda right might not be as important in the case because you didn’t make any statements against your own interest.
I Was Arrested And Charged With A Felony In Collin County, Texas. Am I Going To Jail?
In the state of Texas, if you are arrested, charged with a felony, and convicted of that felony, the punishment range is either state jail or the penitentiary.
However, while the Texas Department of Criminal Justice does not state that you will see prison time, the penalty for most felonies is probable jail or prison time.
Some cases depend on criminal history. If it is your first felony, the penalty is automatic probation, (which includes most drug cases).
Will My Texas Misdemeanor Or Felony Case Go To Trial?
In the state of Texas, a criminal case is usually resolved through: 1.) A dismissal that involves accepting a plea and taking responsibility for the action, and 2.) Serving some sort of sentence, whether a probated sentence, a county jail time sentence, or a prison sentence.
Whether or not it’s a good idea to take the case to trial depends on the person who is charged with the crime and what their goals are. The facts of the case would also determine whether or not there is sufficient evidence against a person that would indicate a need to go to trial.
For more information on Misdemeanor And Felony Charges In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 865-3803 today.