Texas Criminal Defense Glossary

Use Ctrl+F to search this page for a specific term. Each definition includes the relevant Texas statute or U.S. Supreme Court case where applicable.

Acquittal

A jury or judge finding of not guilty. An acquittal generally bars retrial under the Double Jeopardy Clause of the Fifth Amendment.

Affirmative Finding of Family Violence

A judicial determination under Texas Code of Criminal Procedure art. 42.013 that an offense involved family violence. Triggers federal firearms ban under 18 U.S.C. § 922(g)(9).

ALR Hearing

Administrative License Revocation hearing under Texas Transportation Code Chapter 524 — civil proceeding to challenge DWI license suspension. Must be requested within 15 days of arrest.

Arraignment

First court appearance after charges are filed where the defendant enters a plea. In Texas felony cases, occurs after indictment.

BAC (Blood Alcohol Concentration)

Measurement of alcohol in the blood. Texas DWI threshold is 0.08 (0.04 commercial drivers, any amount under 21).

Bond

Money or property pledged to secure pretrial release. Forms include cash bond, surety bond (bail bondsman), and personal recognizance (PR) bond.

Brady Material

Exculpatory or impeachment evidence the prosecution must disclose to the defense under Brady v. Maryland, 373 U.S. 83 (1963).

Castle Doctrine

Texas Penal Code § 9.32(b) — presumption that deadly force is reasonable when used against someone unlawfully entering an occupied home, vehicle, or workplace.

Certification

Texas juvenile court order under Family Code § 54.02 transferring a minor to adult criminal court for prosecution.

Class A Misdemeanor

Texas misdemeanor punishable by up to 1 year in county jail and a fine up to $4,000.

Class B Misdemeanor

Texas misdemeanor punishable by up to 180 days in county jail and a fine up to $2,000.

Class C Misdemeanor

Texas misdemeanor punishable by fine only, up to $500.

Cooperation Agreement

Federal plea agreement where the defendant provides substantial assistance to the government in exchange for a USSG § 5K1.1 sentence reduction.

Deferred Adjudication

Texas community supervision under Code of Criminal Procedure art. 42A.101 where the judge defers a finding of guilt; successful completion results in dismissal.

Discovery

Pre-trial exchange of evidence between prosecution and defense, governed in Texas by the Michael Morton Act (Code of Criminal Procedure art. 39.14).

Driving While Intoxicated (DWI)

Texas Penal Code § 49.04 offense of operating a motor vehicle in a public place while intoxicated.

Expunction

Texas Code of Criminal Procedure art. 55 procedure to completely erase an arrest record.

Exclusionary Rule

Doctrine that evidence obtained in violation of constitutional rights is inadmissible. Codified in Texas under Code of Criminal Procedure art. 38.23.

Felony

Texas crime punishable by more than one year of incarceration. Categories: state jail, third-degree, second-degree, first-degree, capital.

First-Degree Felony

Texas felony punishable by 5 to 99 years or life in TDCJ and up to $10,000 fine.

Grand Jury

Panel of 12 citizens that determines probable cause for felony indictment under Texas Code of Criminal Procedure Chapter 19.

Indictment

Formal charging document in felony cases issued by grand jury (true bill).

Intoxication Manslaughter

Texas Penal Code § 49.08 — second-degree felony when DWI causes death; first-degree if victim is peace officer/firefighter/EMS.

Magistration

Initial appearance before a judge under Code of Criminal Procedure art. 15.17, within 24-48 hours of arrest, where charges are read and bond is set.

Miranda Warning

Required disclosure of Fifth and Sixth Amendment rights before custodial interrogation, from Miranda v. Arizona, 384 U.S. 436 (1966).

Misdemeanor

Texas crime punishable by fine and/or up to 1 year in county jail. Classes A, B, and C.

Motion to Suppress

Pre-trial motion to exclude evidence obtained in violation of constitutional rights, filed under Texas Code of Criminal Procedure art. 38.23.

Non-Disclosure Order

Texas Government Code § 411.071 order sealing a criminal record from most public background checks; available for certain deferred adjudications.

Pinkerton Liability

Federal doctrine from Pinkerton v. United States, 328 U.S. 640 (1946), holding co-conspirators liable for foreseeable acts of others in furtherance of the conspiracy.

Plea Bargain

Negotiated agreement between defense and prosecution resolving a criminal case without trial.

Pre-Trial Diversion

Program allowing dismissal of charges upon completion of community service, restitution, classes, or other requirements.

Probable Cause

Standard required for arrest, search warrants, and indictment — facts sufficient to warrant a reasonable person to believe a crime occurred.

Probation

Court-supervised release in lieu of incarceration, with specific conditions the defendant must meet.

Protective Order

Civil court order issued under Texas Family Code Chapters 71-87 prohibiting contact, proximity, or specific conduct.

Reasonable Suspicion

Lower standard than probable cause; required for brief investigative detentions under Terry v. Ohio, 392 U.S. 1 (1968).

Restitution

Court-ordered payment to victims to compensate for losses caused by the offense.

Safety Valve

Federal sentencing provision under 18 U.S.C. § 3553(f) allowing first-time non-violent drug offenders to receive sentences below mandatory minimums.

Second-Degree Felony

Texas felony punishable by 2 to 20 years in TDCJ and up to $10,000 fine.

Sentencing Guidelines

Federal guidelines (USSG) that calculate recommended sentence ranges based on offense level and criminal history.

Speedy Trial Act

Federal statute (18 U.S.C. § 3161) requiring trial within 70 days of indictment, subject to many exclusions.

State Jail Felony

Texas felony punishable by 180 days to 2 years in state jail and up to $10,000 fine. Day-for-day with no good time credit.

Suppression

Court order excluding illegally obtained evidence from trial.

TDCJ

Texas Department of Criminal Justice — operates Texas state prisons for felony sentences over 2 years.

Third-Degree Felony

Texas felony punishable by 2 to 10 years in TDCJ and up to $10,000 fine.

TXED

United States District Court for the Eastern District of Texas — federal court covering Sherman, Plano, Tyler, Beaumont, Marshall, Texarkana, Lufkin.

TXND

United States District Court for the Northern District of Texas — federal court covering Dallas, Fort Worth, Amarillo, Lubbock, San Angelo, Wichita Falls.

Voir Dire

Jury selection process where attorneys question potential jurors to identify bias or prejudice.