Who can prosecute felony cases in Texas?
In the United States, the prosecution of felony cases is typically undertaken by state or federal law enforcement agencies. In the state of Texas, however, the prosecution of felony cases is handled by county and district attorneys. While there are some exceptions to this general rule, district attorneys play a crucial role in ensuring that justice is served in felony cases in Texas.
County District Attorneys
In Texas, each county has a district attorney who is elected by the voters to handle felony cases. The duties of a district attorney include the prosecution of all felony criminal cases in the county courts, as well as cases involving the prosecution of habitual offenders and the handling of appeals. District attorneys must have a law degree from an accredited law school, be admitted to the Bar of the Supreme Court of Texas, and have significant experience in the practice of law.
Felony Cases in Texas
The Texas Penal Code defines the following as felony offenses:
• First-degree murder: An intentional and reckless killing, punishable by between 5 and 99 years in prison.
• Second-degree murder: A killing committed in the heat of passion or intoxication, punishable by 2 to 20 years in prison.
• Aggravated assault with a deadly weapon: Punishable by 5 to 99 years in prison.
• Criminal mischief: Intentionally damaging or destroying the property of another, punishable by up to 15 years in prison.
• Possession of a firearm by a felon: Unlawful possession of a firearm by a person convicted of a felony, punishable by up to 10 years in prison.
Assistant District Attorneys
To assist the district attorney, each district attorney’s office employs a team of Assistant District Attorneys (ADA). These attorneys are appointed by the district attorney to handle the day-to-day prosecution of felony cases, including:
• Legal research: Conducting thorough research to ensure that there is sufficient evidence to obtain a conviction.
• Witness preparation: Preparing witnesses for trial, ensuring that they are aware of the evidence and the nature of the case.
• Negotiations with defense counsel: Negotiating plea agreements with defense attorneys to resolve cases without trial.
• Trial preparations: Preparing for trial by reviewing evidence, preparing expert witnesses, and preparing briefs.
Other Responsibilities
In addition to preparing and trying cases, District Attorneys and ADAs are responsible for:
• Crime victim services: Providing support and resources to victims of crime, ensuring that they are aware of their rights and the investigation process.
• Supervision of investigations: Overseeing the investigation and gathering of evidence in partnership with law enforcement agencies.
Who else can prosecute felony cases in Texas?
Specialized Prosecution Sections
Some counties in Texas have specialized prosecution sections focused on specific types of criminal activity, such as:
• Drug prosecution : Handling cases involving possession, distribution, and possession with intent to distribute controlled substances.
• Violent crime prosecution : Focuses on cases involving armed robbery, sexual assault, and other violent crimes.
Specialized Courts and Programs
In addition, some counties have specialized courts and programs that handle particular types of cases, including:
• Drug Courts: Focused on prosecuting and rehabilitating individuals accused of drug-related crimes, with the goal of improving public safety and reducing drug use.
• Gang Courts: Dedicated to addressing the growing problem of gang-related crime, addressing the root causes of this type of criminal activity, and holding gang members accountable for their actions.
In conclusion, while there may be some exceptions, District Attorneys and their Assistant District Attorneys typically handle the prosecution of felony cases in Texas. These dedicated public servants have the authority to investigate crimes, gather evidence, try cases, and advocate on behalf of the people and the state to ensure justice is served.
