District Attorney | FAQs

Soon after arrest by a peace officer, the suspect is taken before a judge who informs the defendant of the reason that he or she has been arrested and of his or her legal rights. The judge must also set a reasonable amount of bail. Unless the defendant can post bail in the amount set by the judge, he or she remains in custody to await further action in the case.

First, call the police or sheriff’s office and make a full report. In most cases, a law enforcement officer will meet with you in person to obtain important details and will inform you of all your rights as a crime victim. The officer will also provide you with the phone numbers of the law enforcement agency’s crime victim liaison and of my victim assistance coordinator.

After the office completes his or her investigation of the crime, he or she will present the facts to my office, and then to a judge in order to obtain an arrest warrant. If you know where the suspect is, tell the police. Do not try to arrest or detain the person yourself.

Bail is allowed in virtually all cases, including felonies. Its sole purpose is to guarantee that the defendant will appear in court for later proceedings. In setting the amount, the judge is required to consider the seriousness of the offense charged, the defendant’s ability to raise money to pay bail, the defendant’s ties to the community, his prior criminal record if any, and your safety and the safety of your family. Bail may not be set so high as to punish a defendant by keeping him or her in jail pending trial.

As a victim of crime, your interests are represented in the criminal case by the District Attorney’s office. The District Attorney has a competent staff of felony, misdemeanor, juvenile, and appellate lawyers who will prosecute the defendant. We represent you and the interest of all Fort Bend County citizens.

If a suspect has already been arrested, or if the police or sheriff’s office are seeking his/her arrest, the police or sheriff’s office will turn the case over to my office for a review. The case is reviewed by an assistant district attorney who determines whether there is sufficient evidence to prove that an offense was committed, and whether there is sufficient evidence to prove that the person accused committed the crime. Certain other legal questions may also be explored at this time, such as whether an arrest without a warrant was legally justified, whether certain evidence essential to the case was legally obtained, and whether additional investigation is required. Although some cases are refused for prosecution at this stage, most are eventually filed.

Such a person is obstructing justice and may be guilty of a felony offense called “Retaliation.” Call the law enforcement agency which investigated the case originally or contact the assistant district attorney who is handling the case in my office or the victim assistance coordinator.

After a case is reviewed, we begin preparation of a file. This file will contain information provided by the law enforcement agency investigating your case, as well as other information developed by our staff. If the case is a felony offense, it is sent to the grand jury for consideration and is presented by an experienced assistant district attorney on my staff. The period between filing of the case in our office and submission to the grand jury will vary because of many factors, but will generally be from one to four weeks. After the grand jury presentation, the case is assigned to an assistant district attorney. If the case is a misdemeanor case, it is reviewed and if accepted, is filed with the County Clerk. Misdemeanor cases are not required to be presented to a grand jury.

A grand jury is a group of 12 citizens that consider whether indictments should be returned in felony cases. The grand jury meets weekly in Fort Bend County. Grand jurors are summonsed the same way that potential jurors are summonsed to hear trials in the courts.  Both groups are randomly selected by a computer from the voter registration and driver's license rolls.  A district court judge reviews the legally established qualifications of those summonsed and selects 12 grand jurors and four alternate jurors.  I have no input in the selection process. Grand jury proceedings are not open to the public, and witnesses take an oath of secrecy before testifying. If the grand jury believes that there is sufficient evidence to prove that a person has committed a felony, it votes to issue what is called a “true bill,” or indictment. At least nine grand jurors must vote in favor of an indictment, or the case is “no-billed,” which terminates the case. My assistants help the grand jury in hearing evidence, but the actual consideration of cases is secret and only the grand jurors are present when voting is in progress.

The case will be randomly assigned to a court. At regularly scheduled times, which are established by court order, the defendant will have to appear in the court to take up legal matters. They include formally charging the defendant, telling the court whether the defendant will enter a guilty plea, or whether the defendant requests a trial by judge or jury. Before trial, legal issues may be raised in the form of pre-trial motions, and resolved by the court’s rulings.

In Fort Bend County, the courts not only hear the criminal cases but also civil cases. In County Courts-at-Law, the Judges must also handle juvenile and probate cases. Considering the fact that over twenty-five hundred felony and seven thousand misdemeanor cases are filed each year, a small backlog of cases can occur. These cases are moved as quickly as possible by the courts and my office, but may not be reached for trial 6 to 24 months.

If the assistant district attorney handling a case determines that there is not sufficient evidence to obtain a conviction, he may file a motion with the judge asking that the case be dismissed. This action is taken only after the case has been completely investigated, and normally after the police have exhausted all avenues for obtaining additional evidence. Even after probable cause has been initially established, a key witness may no longer be available, a defense motion suppressing critical evidence may be granted, or new evidence casting doubt on a defendant’s guilt may come to light.

The term “plea bargain” is often misleading to the public since it seems to imply that the defendant has received a light sentence. It is my office’s goal to negotiate a punishment which you find acceptable. The vast majority of criminal cases are resolved by a plea bargain, which is, like in a civil case, a negotiated settlement. A plea bargain is an agreement between the prosecutor, the defendant, and the defendant’s attorney that the State will recommend a specific punishment if the defendant will enter a plea of guilty.

In exchanged for a guaranteed punishment against the defendant, the defendant gives up all of the Constitutional Rights pertaining to criminal law that all citizens have. When plea bargains are reached, victims and other witnesses are not required to come to court to testify, and the large numbers of unresolved cases can be reduced. In arriving at a proper punishment through a plea bargain, the facts of the case, and prior criminal record, if any, of the defendant will be considered.

As part of the plea bargaining process, your victim impact statement, if completed and returned to my office, will play an important role. The victim impact statement provided by the victim, guardian of the victim, or close relative of a deceased victim will be considered by the attorney representing the state in entering in the plea bargain agreement. The judge, before accepting the plea bargain, is required under Section 26.13 (e) of the Texas Code of Criminal Procedure to ask: whether a victim impact statement has been returned to the attorney. If a statement has been returned, the judge must ask for a copy of the statement.

Texas law gives you the right to complete a victim impact statement. In this statement you can explain to the judge how the crime affected you and your family physically, emotionally, and financially. The statement is your voice when the defendant is sentenced, whether he enters a plea bargain agreement or is convicted at trial. You may write your own statement on a form from the victim assistance coordinator of my office. Do not send the statement directly to the judge; instead, return it to the prosecutor or victim assistance coordinator. Although Texas law applies these rights only to victims of violent crime, my office policy is that we welcome this information from every crime victim.

Our office is proud of our victim assistance coordinator. She works full-time to assist crime victims and their families, as well as other civilian witnesses, with the sometimes difficult activities associated with participation in the criminal justice process. The victim assistance coordinator has an assistant and two secretaries. They are your “go to” people when frustration and questions occur. The coordinator is particularly helpful in cases involving your children who have been victimized and in sexual assault cases where victims often feel unusually violated.

The coordinator also assists with arranging counseling, applying for crime victim compensation benefits, and pretrial interviews in preparation for actual trial of a case. The coordinator provides continuing information to victims and witnesses regarding case status and scheduling.

Sometimes, the punishment offered to a defendant in a plea bargain is more than a defendant is willing to accept. In that case, my prosecutors ask the judge to set the case for a full jury or judge trial. Preparations for the full trial are begun by my prosecutor assigned to the case. The prosecutor and witnesses meet to review the details of the case and go over the questions which are likely to be asked at trial.

Witnesses are notified by subpoena and/or letter specifying where and when to appear, and what, if anything, to bring with them to court. Witnesses usually receive their subpoenas more than a week prior or trial.

Dress neatly and conservatively when making an appearance in court. Your manner of dress can have an impact upon the jurors listening to your testimony and deciding disputed facts. You may wish to bring a sweater since many courtrooms are often cold.

The attorney representing the defendant is performing a legal duty when he investigates the case. You may discuss the case with the defense attorney. However, you are not required to do so, and you may decline to talk to him or her. If you decide to discuss the case with the defense attorney, it is perfectly acceptable for you to request that a prosecuting attorney be present.

As a witness, you have an important part in the trial. The truthfulness of your testimony, the manner in which you give it, and the appearance you make while on the witness stand and in the courtroom are all factors which may be weighed by the jury or judge in deciding the case. You will be questioned by the prosecutor first, and then you will be “cross-examined” by the defense attorney. During cross-examination, you may sometimes feel that your personal motives for testifying are under attack, but the process is not meant to demean you, or to be a personal attack upon you.

Unless you are going to testify and the judge decides that your testimony could be influenced by that of the other witnesses, you have the right to be present in the courtroom during the trial. If you have previously been excluded, you may be in the courtroom after you have testified.

In a trial, the prosecutor presents the case for the State, attempting to prove beyond a reasonable doubt that the defendant committed the crime as charged. The prosecutor may not call the defendant as a witness. The defendant may present his or her side of the case, or may present no case at all. The jury (if one has been impaneled) or the judge must decide whether the State’s case has been proven beyond a reasonable doubt. If the defendant is found guilty, Texas law provides for a second stage of trial at which the defendant’s punishment, within the range authorized by law, is decided by either the jury or a judge. The defendant is permitted to determine whether he or she wants punishment set by the judge or jury.

In some cases, a defendant will be placed on probation. If this occurs, he or she is under the supervision of the judge and a probation officer. The defendant will be required to get and keep a job, to get an education, to stay away from persons involved in other crimes, and many other conditions set by the judge. The judge will often require the defendant to pay restitution to the victim as a condition of probation. In most cases the defendant will pay the money to the probation department, which in turn pays the victim, so that there is no direct contact between the defendant and the victim. If the defendant violates any of the terms of probation, the probation could be revoked and he or she could be sent to jail or prison.

If a defendant is sentenced to probation, he or she does not immediately serve his or her jail or prison sentence. Instead, the defendant is supervised by the judge and the probation department for a specified amount of time and could be required to go to jail (in misdemeanor cases) or prison (in felony cases) if he or she violates the conditions of probation.

Parole means that a convicted defendant is released from prison before serving the entire number of years that he or she was sentenced to serve. Parole is meant to aid the prisoner in readjusting to society. Every person sent to prison is technically eligible for parole, unless sentenced to death. The Pardons and Paroles Division of the Texas Department of Criminal Justice decides whether to grant or deny parole. If you are a victim of violent crime, you have a right to give the Victim Services Section of the Texas Department of Criminal Justice your opinion about the defendant’s possible parole. You will be notified of parole proceedings if you request to be notified, and do not move after making the request. If you have moved or if you have questions, notify the Victim Services Section at 1-800-848-4284.

The Board of Pardons and Paroles sets the conditions of a defendant’s parole. One such condition may be the payment of restitution to the crime victim, especially if the sentencing judge has asked that the Board of Pardons and Paroles consider making it a condition of the defendant’s freedom upon release to parole.

A jury or judge must decide the case based upon legally admissible evidence. You may think that a “not guilty” verdict is wrong. Remember that the defendant must be proven guilty beyond a reasonable doubt. A “not guilty” verdict does not mean that the defendant is “innocent.”

In Texas jury trials, the determination that the defendant is “guilty” or “not guilty” must be unanimous. If the verdict is not unanimous, the jury is "hung" and the defendant may be tried again.

In most instances, a convicted defendant has the right to appeal the conviction and ask for a new trial. An appellate court, not the trial court, will decide whether the law was followed during the trial, and, if not, it may order a new trial. You have the right to watch the attorneys argue the case before the appellate court. Remember that no new testimony is presented during this process; instead, the appellate judges consider the trial records.

Checks that are stamped by the bank “account closed” or “insufficient funds” that were received in Fort Bend county in exchange for goods or services which the check writer received at the time the check was written may be prosecuted as theft if it can be proven the check writer intended to steal the goods or services. The key is the check must be received at the time the goods or services are provided. These checks are handled by the District Attorney’s Office.

Please note the following do not qualify for prosecution as theft: held checks, post-dated checks, checks to repay a debt, checks given as a deposit, and payroll checks. Checks that cannot be prosecuted as theft may be prosecuted as issuance of a bad check. These checks are handled by the Justice Courts.

If the check is in exchange for goods or services which the check writer received at the time the check was written, the check should be submitted to the District Attorney’s office for prosecution.

There are certain procedures you must follow before a check can be accepted for prosecution:

1. Present the check to the bank for payment within thirty (30) days of the date the check is issued. All checks must be presented to the bank for payment, even if you know it will not be honored.
2. The check must be returned with a bank stamp indicating account closed or insufficient funds.
3. You must send written notification to the check writer informing him or her of the reason the check was not honored. The following sample letter sets out the information which must be included. You should keep a copy of the notice to provide to the District Attorney's office.
   
   ***Sample Letter***

   Dear _______________ (Check writer’s name):

   Your check #____, dated(full date), in the amount of $________ has been returned by
   (name of bank) unpaid and marked "(reason stamped on the check by bank)."

   "This is a demand for payment in full for a check or order not paid because of lack of funds or insufficient funds. If you fail to make payment in full within ten (10) days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution."

   If the check is stamped “stop payment,” a written demand for payment of the check or return of the merchandise must be sent to the check writer by certified mail, return receipt requested. A criminal case cannot be filed if the check writer offers to return the merchandise. You should keep a copy of the notice to provide to the District Attorney’s Office.

   
   
   ***Sample Stop Payment Letter***

   Dear _______________(Check writer’s name):

   Your check #____, dated (full date), in the amount of $________ has been returned by (name of bank) unpaid and marked "(reason stamped on the check by bank)."
   
   

   "This is a demand for payment in full for a check or order not paid because of lack of funds or insufficient funds. If you fail to make payment in full within ten (10) days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution."

   Since this check was not paid because of a stop-payment order, you have the option of either paying the check or returning the merchandise within ten (10) days of receipt of this notice. The failure to either return the merchandise or make restitution for the check creates a presumption for committing an offense and this matter may be referred for criminal prosecution.
   
   
4. Wait ten (10) days after the check writer has received the written notice.
5. For all insufficient funds and stop-payment checks, complete a complaint form.
6. Bring:
   (1) The legal copy of the check with the bank flag or notation with the reason it was dishonored.
   (2) The completed complaint form, and in the case of a stop-payment check: a copy of the written notice with the signed receipt from the certified letter or the unopened letter marked refused or unclaimed, to the District Attorney’s Office. This information can also be mailed to the District Attorney’s Office Worthless Check Division, 301 Jackson St., Rm. 101, Richmond, TX 77469.
   (3) Copy of  letter mailed to check writer.

   
   NOTE: If you cannot provide a driver’s license or ID card number and the check writer date of birth, the chances of a successful prosecution are greatly reduced. It is difficult to locate a check writer without this information.
   

If a check writer has other check cases pending, all subsequent checks are added to the pending case to expedite the making of restitution.

If there is no pending case, the District Attorney’s Office will attempt to notify the check writer via letter that a criminal case will be filed if the check and fees are not paid immediately. If there is no response within ten days, a warrant will be issued for the check writer’s arrest. Upon arrest, the check writer will have to post bond to get out of jail and make court appearances.

Once in court, the check writer can accept the recommended punishment, known as a plea-bargain, or demand a trial. Most plea bargains require a check writer to pay restitution and your dishonored check fee or to serve time in jail in lieu of restitution.

Due to the volume of checks, it is not possible to give a status report on each case. If a restitution payment is made, a check will be mailed to you the first week of the month. If you receive no restitution within eight weeks of filing the check, you can assume a warrant has been issued for the check writer’s arrest. If we are unable to collect a check, it will be returned to you. Calling on the check to check the status of your check may delay the collection process.

No.

A merchant may collect a returned check fee not to exceed $30.00 (as of 9/1/03). In most cases, the District Attorney will collect this fee on behalf of the merchant.

No. When a check is given to the District Attorney for prosecution, only the District Attorney can collect restitution. A merchant agrees not to accept any payments for the check by signing the complaint form.

Sometimes a check writer will begin to repay the merchant for the bad check, but stop making payments before the entire check amount has been paid. The partial payment of restitution does not prohibit a criminal case from being filed, and in some cases, the Worthless Check Division will collect the unpaid balance.

A successful prosecution requires that the check writer be located, which is difficult after a substantial period of time has lapsed. Checks must be filed no later than two (2) years from the date the check is issued. Please do not wait this long to submit your check.

Forgery is when a bank account holder claims another person has signed his or her name on a check without consent. This is a crime that should be reported to the local police agency in the jurisdiction where the check was received. The Worthless Check Division cannot accept forged checks for prosecution. If a check is returned by a bank with a stamp indicating the check has been stolen or lost, the Worthless Check Division will not accept the check for prosecution.

Never accept a check without checking the ID of the person signing the check. Always be sure to compare the signature and picture ID of the check writer to the person offering the check as payment. Never allow the check writer to tell you their ID number, but observe it yourself and record it carefully. If you file a complaint with the Worthless Check Division, you will be required to swear that the person who stood before you was the same person whose ID number you recorded.

Many banks have reduced their losses to worthless checks by asking check cashers to provide a thumbprint when cashing a check. The print is inkless and the equipment is inexpensive and readily available from several vendors. You can contact your bank for the names of the companies providing such products.

Be aware of the following high-risk checks:

• Temporary checks. Checks that are not personalized are often at risk. They do not have the account owner’s name printed on each checks.
• Low-numbered checks. Nine of ten worthless checks bear numbers lower than 300.
• A check writer presents an ID other than a driver’s license. Beware of checks offered by check writers who present for identification passports, green cards, student ID’s, and military ID’s.
• Non-local checks. Non-local check writers are much harder to identify and prosecute. Out-of-state bank records are almost impossible for us to get.
• Non-residence address on the check. A post office box printed on a check rather than a residence has been shown to be a risk factor.
• Illegible signature on the check. A sloppy signature may be an attempt to prevent easy comparison with the signature on the ID.
• Multiple checks. Multiple checks drawn on the same account or by the same check writer in the same day allows the check writer to steal as much as possible before you find out the checks are worthless.
• Pre-signed checks. You cannot swear the check writer signed the check and nobody can prove the signatory knew the amount for which the check would be written.
• Incorporated business checks are filed as a civil matter in the jurisdiction where the incorporated business is located.

Never accept a check without checking the ID of the person signing the check. Always be sure to compare the signature and picture ID of the check writer to the person offering the check as payment. Never allow the check writer to tell you their ID number, but observe it yourself and record it carefully. If you file a complaint with the Worthless Check Division, you will be required to swear that the person who stood before you was the same person whose ID number you recorded.

Many banks have reduced their losses to worthless checks by asking check cashers to provide a thumbprint when cashing a check. The print is inkless and the equipment is inexpensive and readily available from several vendors. You can contact your bank for the names of the companies providing such products.

Assuming that I have, in fact, written a bad check:

Call the merchant that you wrote the check to immediately and pay for the bad check. This will prevent you from being arrested and save you additional fees incurred once the check is filed with the District Attorney’s Office.

Assuming that I have, in fact, written a bad check:

Call the Worthless Check Division to arrange payment of the check and related fees. We attempt to notify every check writer before a warrant is issued for their arrest. If you respond to the notice and pay the check and related fees, you will not be arrested. Otherwise, a warrant will be issued for your arrest.

Paying the check and fees before a warrant is issued saves you time and money. You will not be arrested, have to post bond, or have to go to court and face criminal prosecution.

The District Attorney's Office Worthless Check Division accepts money orders, cashier's checks or credit card payments through OfficialPayments.com (1-888-357-8394). No cash or personal checks will be accepted. If a warrant has already issued for your arrest, paying the check and fees does not close your case nor recall your warrant.