What Happens in a Texas Criminal Trial: A Step-by-Step Breakdown

Pre-Trial Motions and Preparation

Before the trial even begins, both sides have an opportunity to file pre-trial motions. These can include motions to suppress evidence, motions in limine, or motions to compel discovery. For the defense, this is a chance to limit what the prosecution can introduce and begin shaping the boundaries of the trial.

A motion in limine, for example, can ask the judge to prohibit the prosecution from introducing certain types of evidence that are irrelevant, prejudicial, or inadmissible. This can be critical in controlling the narrative that reaches the jury.

Tara Gilmore-Low is proactive in this stage—evaluating evidence, challenging unconstitutional searches or flawed procedures, and filing motions that benefit the client’s position from the very beginning.

More info on trial procedures:
https://www.txcourts.gov/
https://www.texasbar.com/

Jury Selection (Voir Dire)

Jury selection is a crucial part of the trial. Both the prosecution and defense have a chance to question potential jurors and dismiss those who may be biased. The goal is to seat a fair and impartial jury—though in practice, it’s about shaping a group of people who will view your case with as much neutrality and reason as possible.

Tara Gilmore-Low understands how subtle biases can affect a case. During voir dire, she uses her knowledge of human behavior and courtroom dynamics to strike jurors who may not be open to hearing a fair defense or who might align strongly with law enforcement perspectives.

Opening Statements

Once the jury is seated, both sides give opening statements. These statements outline the case each side intends to present. It’s not evidence—just a preview. But the impression made here is powerful. First impressions stick.

Tara uses opening statements to clearly and confidently set the tone. She frames the defense’s theory of the case, encourages jurors to reserve judgment, and reminds them of the burden of proof that rests solely on the prosecution.

Presentation of Evidence and Witness Testimony

This is the core of the trial. The prosecution presents its case first, calling witnesses and introducing evidence. Each witness is subject to cross-examination by the defense. After the state rests, the defense can choose to present its own evidence and witnesses—but it is not required to do so.

A skilled defense attorney can do significant damage to the prosecution’s case through cross-examination alone. Tara Gilmore-Low excels at identifying inconsistencies in testimony, pointing out procedural flaws, and exposing weak evidence.

She carefully prepares for every witness—whether it’s a law enforcement officer, expert, or eyewitness—and ensures the jury sees every reason to doubt.

Strategic Decisions During Trial

Sometimes, legal issues arise during trial that require immediate decisions. Should a defense witness testify? Should a specific line of questioning be pursued? Should the judge be asked to issue an instruction to the jury?

These choices can shape the entire outcome of a case, and Tara makes them based on years of real-world experience and thorough case preparation. She’s not just reacting—she’s thinking five steps ahead.

Closing Arguments

At the end of the trial, both sides summarize their cases. For the defense, closing arguments are a final opportunity to remind jurors that the state has the burden of proof and that doubt remains.

Tara’s closing arguments are grounded, focused, and persuasive. She brings the case back to its fundamentals—what’s missing, what doesn’t add up, and why that matters in the eyes of the law.

Jury Instructions and Deliberation

The judge provides legal instructions to the jury, defining concepts like “reasonable doubt” and explaining the charges. Jurors then deliberate privately to reach a verdict.

While the defense cannot participate in this phase directly, the strength of the trial work Tara puts in—from motion practice to closing arguments—plays a major role in what happens behind that closed jury room door.

Verdict and Sentencing

If the jury returns a verdict of not guilty, the defendant is free to go. If the jury finds the defendant guilty, the case moves to the sentencing phase. In Texas, sentencing may be handled by the judge or the jury, depending on the case.

Tara advocates just as fiercely in sentencing as she does during trial. She presents mitigating factors, character witnesses, and other relevant evidence to reduce penalties where possible.

Why Trial Representation Matters

Many people don’t realize how many legal decisions happen before and during a trial—decisions that can permanently affect their lives. A public defender may not have the time or resources to build a strong case or file necessary motions.

That’s why choosing a dedicated private attorney like Tara Gilmore-Low matters. Tara is deeply familiar with Texas courts, local procedures, and the prosecutorial playbook. She builds strong, strategic defenses and knows when to go to trial—and when to negotiate.

If You’re Facing a Criminal Trial in Texas

Don’t wait until you’re standing in front of a judge to think about your defense. If you or someone you know has been charged with a crime, your rights and your future are on the line.

Call The Low Law Firm today for a consultation and learn how Tara Gilmore-Low can help you face what’s ahead with strength, strategy, and support.

Additional resources:
https://texaslawhelp.org/
https://www.uscourts.gov/