The Legal Process
After I give my statement, what happens?
If the offender has not already been arrested, the police will make a report of the offense and take it, along with your statement, to the Assistant District Attorney, who is responsible for seeing that the
charges are properly filed. Once the charges are filed, an arrest warrant should be issued. If the offender has already been arrested, the DA’s office should file formal charges as soon as possible.
Will the offender be able to get out of jail on bond after being arrested?
It is possible that the offender will be able to be released from jail on bond. A judge considers many factors in setting the amount of a bond. Bond can only be denied if the DA requests that the bond be denied because the defendant was already out on bond for a felony or because the defendant has been previously convicted of felonies or is considered a flight risk.
What happens after the charges are filed and the arrest is made?
In Texas, a defendant has the right to a pretrial hearing to determine if there is enough evidence for a Grand Jury to formally charge the offender with the crime. This happens only occasionally. If the defendant requests one, however, you may be asked to testify by the Assistant DA.
Will my case go to court?
Most cases never make it to trial. Most are handled through some type of plea arrangement. However, victims and their non-offending relatives do have input on what happens to the accused. In prosecuting a case, all parties must be ready to go to trial even though one is unlikely.
When will my case go to court?
It can vary widely, depending on a number of factors. Some cases may not have enough evidence to proceed very far in the criminal justice system. A few cases may get resolved in less than a year. Many cases can easily take much more time than that. Time will allow you and your family to heal and get stronger in order to be ready for your day in court.
Why does everything take so long?
It can become frustrating when the progress of the “official” aspects of the abuse, the investigation, and the legal process seems to move so slowly. Everything must be done in certain ways and in a particular sequence. Any delay in one of the steps along the way delays the entire process waiting to follow. This does not mean the professionals involved are not doing their jobs or that they do not care. Slowness can be an indication that the agencies involved are doing their jobs carefully and thoroughly. If they do not gather all the necessary facts and evidence “before” they request that charges be filed, for example, the case may not be substantial enough to convince the prosecutor’s office that charges are justified.