How The System Works

Criminal cases can be resolved through a plea agreement or a trial. If the accused pleads guilty, they will know the sentence that they will receive. A plea agreement will also often require the accused to waive their right to an appeal, so the disposition or result of a criminal case resolved through a plea agreement is final. If the accused does not accept a plea offer and chooses to go to trial, that trial will happen before a judge or a jury composed of twelve members of the community. In a jury trial, the twelve jurors must vote unanimously for guilt or innocence. If found guilty, either the judge or the jury will determine the sentence – or type of punishment – ordered. Cases resolved through trial may be challenged by a future appeal.

• • • If a person pleads guilty or is found guilty at trial, the disposition – or case result – can range from deferred adjudication to a prison sentence.
    • A deferred adjudication means that a person accepts responsibility for committing a crime and is placed on a type of probation for a period of time. If the person successfully completes their probation, the judge can decide not to convict them, allowing the person to avoid having a guilty conviction on their criminal record. If the person violates the terms of their probation, a judge can either extend their probation period with additional conditions in place or can find them guilty and sentence them to a harsher penalty.
    • If a person is placed on probation, they have either pled guilty or been found guilty after a trial. They are not sent to jail or prison but required to comply with certain conditions and potentially participate in certain programs or services. If they do not comply with the terms of their probation, a judge may revoke their probation and re-sentence them to more probation, jail, or prison. Unlike deferred adjudication, even when a person successfully completes their probation, their felony conviction will remain on their criminal record.
    • If a person is sentenced to jail, the longest period that they can be incarcerated for is one year. Their sentence will be served at the Travis County Correctional Complex in Del Valle, Texas.
    • If a person is convicted of a state jail felony, they will be sentenced to a state jail operated by the Texas Department of Criminal Justice. Most likely, the person will be held at the Travis County State Jail. State jail facilities offer more services than traditional prisons. The maximum amount of time a person can serve in a state jail is two years.
    • If a person is sentenced to prison, they may be eligible for parole under certain conditions. For more information about the parole process in Texas, please see here.  Different types of felonies carry different punishment ranges. Third degree felonies carry a minimum prison sentence of two years. Capital felonies carry a maximum prison sentence of life.
    • A deferred adjudication means that a person accepts responsibility for committing a crime and is placed on a type of probation for a period of time. If the person successfully completes their probation, the judge can decide not to convict them, allowing the person to avoid having a guilty conviction on their criminal record. If the person violates the terms of their probation, a judge can either extend their probation period with additional conditions in place or can find them guilty and sentence them to a harsher penalty. Capital felonies carry a maximum prison sentence of life.
    • If a person is placed on probation, they have either pled guilty or been found guilty after a trial. They are not sent to jail or prison but required to comply with certain conditions and potentially participate in certain programs or services. If they do not comply with the terms of their probation, a judge may revoke their probation and re-sentence them to more probation, jail, or prison. Unlike deferred adjudication, even when a person successfully completes their probation, their felony conviction will remain on their criminal record.