• El Paso, Hudspeth and Culberson Counties
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District Attorney
Jaime Esparza
500 E. San Antonio
2nd Floor
El Paso, Texas 79901
Phone (915) 546-2059
Fax (915) 533-5520
daesparza@epcounty.com

District Attorney - 34th Judicial District

  • How the Criminal Justice System Works
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  • Misdemeanors
  • The punishment for misdemeanor offenses can range from supervised conditional release into the community (probation), to a county jail commitment. Misdemeanors are prosecuted in the county courts by the District Attorney's Office. Here is what happens after a misdemeanor takes place:
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  • A CRIME IS REPORTED AND IS INVESTIGATED BY THE APPROPRIATE LAW ENFORCEMENT AGENCY. AN ARREST IS MADE.
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  • The arrestee may post bail and be released from custody, which means he will pay money and/or report to a bondsman until he is sentenced.
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  • OR THE CASE IS UNSOLVED. Authorities were unable to find the one who committed the crime.
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  • THE CASE IS PRESENTED TO THE DISTRICT ATTORNEY'S OFFICE FOR SCREENING
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  • The facts are reviewed to determine if there is sufficient, admissible proof to prosecute the case.
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  • THE DISTRICT ATTORNEY WILL TAKE ONE OF THE FOLLOWING ACTIONS:
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  • 1. Accept the case for prosecution;
  • 2. Decline to prosecute the case; or
  • 3. Return the case to the appropriate law enforcement agency for further investigation.
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  • WHEN ACCEPTED, THE CASE PROCEEDS TO THE COUNTY COURTS, AND IS SET FOR ARRAIGNMENT
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  • Arraignment is when the charges and rights are formally read to the accused who is then asked to plead guilty or not guilty.
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  • PRE-TRIAL MOTIONS AND HEARINGS
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  • At these hearings, a plea bargain may be offered and the accused may plead guilty, agreeing to the punishment offered by the prosecutor.
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  • SENTENCING HEARING
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  • If the accused agrees to the plea-bargain, sentencing then occurs.
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  • TRIAL
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  • If the accused does not agree with the sentence offered by the prosecutor, a trial will be set in the court and a jury will decide if the defendant is guilty or innocent.
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  • PUNISHMENT PHASE
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  • If the defendant is found guilty, the jury will decide the punishment; the defendant will be sentenced.
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  • PROBATION or PRISON TERM
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  • If the defendant is sentenced to probation, he must report to a probation officer and obey the conditions of probation until the term of probation expires. Failure to abide by the terms of probation may result in revocation of the privilege of probation. If the defendant is sentenced to a prison term, he may later be released on parole and be required to report to a parole officer and obey the conditions of his parole. A probationer or parolee may be released from supervision before the original sentence expires.
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  • APPEAL
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  • The defendant has the right to appeal his conviction to a higher court; this process can take a long time before a final ruling is passed. The result of an appeal is one of the following:
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  • 1. Affirmed. The defendant will be sentenced.
  • 2. Reversed. There will be a retrial
  • 3. Acquitted. Defendant is released from charges.
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  • RETALIATION
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  • It is a crime to threaten someone for reporting an offense. If you are threatened or intimidated by someone as the result of reporting a crime, report this to law enforcement as soon as possible.
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  • Please refer to the additional information enclosed to learn more about your case, crime victim rights, victim compensation, and other places you can call to receive help.
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  • VICTIMS ASSISTANCE PROGRAM (915) 546-2091