What happens at trial?

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.