A Texas criminal case can be resolved in one of four ways:
1. Plea Bargaining (Agreed Plea)
Plea bargaining occurs through an agreement between the prosecutor and the defendant. In exchange for a guilty or no contest plea and waiver of the right to trial by jury, the prosecutor recommends a punishment that the judge presiding can accept or reject. Statistically, most criminal cases are resolved by plea bargaining.
2. Non-negotiated Guilty Plea (Open Plea)
A defendant may enter a guilty or no contest plea without an agreement from the prosecutor regarding punishment. The judge then has the responsibility to determine the punishment applicable unless the defendant requests a jury to assess the punishment. The defendant retains his right to appeal.
3. Trial
Any person accused of a crime is guaranteed the right to trial by jury by the Texas Constitution. This right may be waived in favor of a trial to the court (judge) except in capital felony cases where the prosecution is seeking the death penalty.
4. Dismissal
Prosecutors may, with the judge’s consent, dismiss a criminal case for any of the following reasons, from insufficient evidence to “other.”
