What to Expect During Jury Selection in Houston

Jury selection sets the tone for a trial. In Houston, the jury selection process is called voir dire. Judges and lawyers question prospective jurors from the jury pool. The goal is simple: seat an impartial jury who can decide only on the evidence.

This guide explains how potential jurors move from summons to the jury box, how peremptory challenges and challenges for cause work, and how your defense attorney uses the Code of Criminal Procedure to protect your rights during this part of the trial process in Harris County courts.

Why Jury Selection Matters

Jurors decide facts and credibility. Jurors apply the judge’s instructions. A fair and impartial jury is the foundation of a fair trial. If you face charges in Houston, the quality of the jury panel can shape the result as much as any piece of evidence.

Herman Martinez, a former Harris County Chief Prosecutor and long-time Houston defense attorney, has handled voir dire in felony and misdemeanor cases across Midtown, The Heights, Gulfton, Pasadena, Katy, Clear Lake, and Sugar Land. That local experience helps identify bias and use peremptory challenges effectively to protect clients.

From Summons to Assembly: What Happens First

Your summons and pre-arrival steps

• Randomly selected names come from voter and driver license lists.
• Complete your juror questionnaire online or by mail.
• Check reporting instructions the evening before. Some panels get canceled.
• If you need to reschedule, follow the directions on the summons.

Where to report downtown

• Jury Assembly Room: El Franco Lee Public Service Plaza, 1201 Congress.
• Validated parking is usually available at 1401 Congress.
• Expect security screening like an airport checkpoint.

What to bring and wear

• Government ID, your summons, a light jacket, water, and a snack.
• Business-casual clothing is best. Courtrooms can be cold.
• Free Wi-Fi is common; bring a book or tablet. Many jurors are dismissed before noon.

Related reading for courthouse locations and divisions: Where Will My Houston DWI Case Be Heard.

Qualifications, Exemptions, and Hardships

You must be at least 18, a U.S. citizen, and a resident of the county. You must be able to read and write. Some exemptions apply, such as age, student status, or primary caregiver duties.

Judges also hear hardship requests. Always answer questions truthfully. You will take an oath. Serving on a jury is a civic duty protected by both the Texas Constitution and the Constitution of the United States.

Moving From Pool to Panel

If your number is called, you and a group of potential jurors go to a specific district court courtroom. The judge gives brief instructions and swears in the panel.

The judge introduces the lawyers and identifies the parties. No evidence is offered yet. This is setup for questioning.

Voir Dire: The Questioning Phase

Purpose of voir dire

• Confirm that each juror can follow the presumption of innocence.
• Confirm that each juror can require the State to prove guilt beyond a reasonable doubt.
• Reveal any bias, prior knowledge of the case, or connections to the parties or witnesses.
• Confirm that each juror will obey the judge’s instructions even if they disagree with a law.

Common topic areas

• Background: job, family, neighborhood, prior jury service.
• Experience with law enforcement or the justice system.
• Views about witness credibility, forensics, or constitutional rights.
• Ability to decide based only on evidence admitted in court.

Sample questions you may hear

• Do you or a close family member work for a police department, sheriff’s office, or law firm?
• Have you or a family member been a victim, accused, or convicted in a criminal case?
• Can you presume the defendant innocent and hold the State to its burden of proof?
• Can you follow instructions even if you disagree with them?

Privacy note: If a question involves personal experiences that are sensitive, you may ask to answer at the bench.

Jury Challenges in Harris County

During voir dire, lawyers may remove prospective jurors through two tools. Both tools exist to protect the right to a fair jury under the Code of Criminal Procedure and the Constitution.

Challenges for cause (no limit if the judge agrees)

A lawyer may ask the judge to excuse a juror who cannot be fair or cannot follow the law. Examples include clear bias, close relationships with parties or witnesses, prior knowledge that cannot be set aside, or inability to read or write. The judge decides each request.

Peremptory challenges (limited number)

Each side may remove a limited number of jurors without stating a reason. However, these strikes cannot be used for discriminatory reasons. If one side believes the other used a strike based on race, ethnicity, or gender, they can raise a Batson challenge. The court will then require a race neutral explanation, as required by the States Supreme Court decision in Batson v. Kentucky.

Jury shuffle (Houston practice tip)

Before questioning starts, either side may request a one-time random reshuffle of the panel’s seating order. Lawyers use this tool when the front of the panel appears unbalanced.

Selection, Oath, and Trial Start

After challenges, the clerk seats the jury. Felony juries have 12 members; misdemeanor juries have 6. Courts may seat alternates. The judge administers the oath to try the case fairly and follow the law.

The judge sets daily schedules and reminds jurors of conduct rules: no research, no social media, and no discussions about the case until deliberations. This is your moment of officially serving on a jury.

What Defendants Should Know

Your defense attorney prepares for voir dire with a plan. The plan targets the case issues that matter. For example, a DWI case in Montrose may focus on field sobriety testing and officer credibility.

A family-violence case in Spring Branch may focus on witness relationships and memory. During questioning, your lawyer watches juror reactions, follows up on concerns, and protects you with timely peremptory challenges and challenges for cause.

Your input helps. You can quietly note juror reactions and share them with your lawyer. You know the neighborhoods and the facts of your life. That insight matters.

Houston-Focused Tips for Jurors and Defendants

• Plan for rush hour near the Downtown courthouses.
• Parking garages fill up early; leave time for security lines.
• Bring a jacket; rooms can be cold.
• Expect waiting; do not bring prohibited items like knives or pepper spray.
• Many summoned jurors are released before lunch. If you stay for a panel, the process can run into the afternoon.

Neighborhoods we often see on panels include Downtown, Midtown, The Heights, East End, West U, Sharpstown, Cypress, Pasadena, Clear Lake, and Katy. Panels reflect Harris County’s size and diversity. That diversity is a strength when jurors follow the law.

Myths and Realities

• Myth: Lawyers pick jurors who promise a verdict.
• Reality: The law forbids that. Lawyers seek jurors who can be fair in this case.
• Myth: Strong opinions always disqualify me.
• Reality: Opinions are fine if you can set them aside and follow the judge’s instructions.
• Myth: Peremptory strikes can be used for any reason.
• Reality: Discriminatory strikes violate Batson and can be reversed.

Where Voir Dire Fits in the Criminal Trial Process

Sequence: Summons → Assembly → Jury pool → Panel → Voir dire → Challenges → Jury sworn → Openings → Evidence → Jury instructions → Deliberations → Verdict. In some cases, the court then holds a separate hearing on punishment.

For what comes after a verdict, see Sentencing: What to Expect.

Day-of Checklist (Save or Screenshot)

• ✔ Check reporting instructions the night before.
• ✔ Bring ID, summons, jacket, water, snack.
• ✔ Dress business-casual.
• ✔ Plan for parking and security lines.
• ✔ Be ready to answer questions honestly.
• ✔ Ask to approach the bench for sensitive topics.
• ✔ Do not research or post about the case.
• ✔ Keep an open mind until deliberations.

FAQs

How long does jury selection Houston usually take?

Many panels finish before noon. Some take the afternoon. Complex felonies in district court can take longer.

Can I be excused if I know a witness or location?

Maybe. The judge decides if that knowledge creates bias. You must disclose it.

How many peremptory strikes does each side get?

It depends on the charge level and whether alternates are seated. The number is fixed by statute.

What is a Batson challenge?

It is an objection that a peremptory strike was used for a discriminatory reason. The court can require a race neutral explanation and can reseat the juror if needed.

Can I talk about the case with family?

No. Do not discuss the case until deliberations and only with fellow jurors.

What happens if a juror gets sick mid-trial?

The court may use an alternate. If there is no alternate, the court will decide next steps under Texas law.

Why Choose The Martinez Law Firm for Voir Dire

Herman Martinez brings years as a former prosecutor, experience as an Associate Judge for the City of Houston, and a long record as a Houston trial lawyer. He understands how the State builds a panel and how to protect clients from bias. He appears in Harris County courts daily and helps clients across Midtown, The Heights, Pasadena, Katy, Sugar Land, Spring, and Clear Lake.

If you need a team that prepares, listens, and acts fast during voir dire, we are ready to help.

Glossary (Plain English)

• Voir dire: The questioning of potential jurors to test fairness and fitness to serve.
• Challenge for cause: A request to excuse a juror who cannot be fair or follow the law; unlimited if the judge agrees.
• Peremptory challenge: A limited strike used without stating a reason, subject to anti-discrimination rules.
• Batson challenge: An objection claiming a peremptory strike was discriminatory; requires a race neutral explanation.
• Jury shuffle: A one-time request to randomly reseat the panel before questioning begins.

Final Note

This guide explains the process so you know what to expect. Every case is different. If you face charges and need help with voir dire or any other step of the criminal trial process Texas, call The Martinez Law Firm for a confidential consult. We will review your case, prepare a strategy, and guide you through each step—starting with the jury.

Texas Statute of Limitations for Criminal Charges

Every criminal charge has a deadline for filing. In Texas, that deadline is called the statute of limitations. Once the deadline passes, the State cannot prosecute the offense unless tolling applies. These limits exist in all 50 states across the United States, but the exact rules vary depending on the crime, the victim, and the jurisdiction.

This article explains how the Texas statute of limitations works, which crimes have strict deadlines, which crimes have no limitation period, and how these rules affect real cases in Houston and Harris County.

What the Statute of Limitations Means

A statute of limitations is the time limit prosecutors have to file formal criminal charges. Once the time period expires, the government loses the right to bring the case to court. This principle applies across civil and criminal law. For example, in personal injury lawsuits, there is also a filing deadline that protects defendants from claims after too much time has passed.

In criminal law, these deadlines ensure that criminal cases are tried when evidence is still reliable. Witness memories fade. Records get lost. By enforcing a deadline, the law balances fairness for defendants with the State’s interest in prosecution.

Where to Find the Rules

In Texas, the rules appear in Texas Code of Criminal Procedure Chapter 12. Lawyers and judges rely on this statute to determine the exact limitations period for each type of charge.

When the Clock Starts

The limitations period usually starts on the date the alleged crime occurred. For example:

• A burglary committed on June 1, 2020, with a 5-year statute, gives the State until June 1, 2025, to file charges.
• A misdemeanor DWI committed on July 10, 2021, must be filed by July 10, 2023.

There are exceptions:

• Discovery-based starts: Some crimes, like identity fraud by a medical professional, start when the offense is discovered.
• Child-victim cases: The clock often starts on the child’s 18th birthday instead of the date of the offense. This is sometimes called the child-victim clock.

Tolling: How the Clock Pauses

“Tolling” means pausing the limitations clock. Texas law recognizes several tolling events:

• Leaving Texas: Time spent outside Texas does not count toward the statute.
• Pending charges: Once the State files an indictment, information, or complaint, the clock stops while the case is pending.
• Dismissals and refiles: If charges are dismissed and later refiled, the court reviews how much time was left when the dismissal occurred.

Houston example: If someone from The Heights moves to Louisiana for 2 years, the statute pauses during their absence.

Why Statutes of Limitations Exist

Statutes of limitations protect fairness. As years pass, criminal cases become harder to prove fairly. Evidence degrades. Witnesses forget. The State must act within a clear time limit.

This principle is not unique to Texas. Across the United States, statutes of limitations vary depending on the offense. In civil law, personal injury cases might allow 2 years. In criminal law, minor charges may allow only 2 or 3 years, while serious crimes such as sexual abuse or murder may have no limit.

Some states give prosecutors 15 years or 25 years for certain felonies. Texas, however, often extends deadlines further for crimes committed against children or serious felonies, or removes the time limit altogether.

The Big Picture: Time Limits by Offense Level

• Misdemeanors: 2 years from the offense date.
• General felonies: 3 years unless listed separately.
• Specific felonies: Many have 5-year, 7-year, or 10-year deadlines.
• No limitation offenses: Some crimes, like murder, have no time restriction.

Quick Reference Table: Texas Criminal Statute of Limitations

Source: Texas Code of Criminal Procedure Chapter 12, Articles 12.01–12.03.

Serious Felonies with No Limitation

Some crimes can be prosecuted any time after the offense. These include:

• Murder and manslaughter
• Nonconsensual sexual assault with penetration
• Sexual abuse crimes against children
• Leaving the scene of a fatal crash
• Human trafficking (specified cases)

These cases often rely on new DNA technology, re-opened criminal cases, or long-delayed reports by victims. Under the penal code, these crimes are treated as so severe that the State’s right to prosecute should not expire.

Extended Deadlines for Crimes Against Children

Texas law is especially tough on cases involving sexual abuse of minors.

• For some charges, the statute extends 10 years from the child’s 18th birthday.
• For others, prosecutors may file up to 20 years from the 18th birthday.
• For the most serious crimes, there is no limitation period at all.

Other states set limits of 15 years or 25 years for certain child-victim crimes. In Texas, the clock often runs longer or never expires. This reflects how difficult it can be for child victims to report abuse immediately.

Houston Examples

• Midtown burglary (2019), filed in 2025: Burglary carries a 5-year limit, so this case may still be timely.
• Galleria identity theft (2016), discovered in 2022: Identity theft is a 7-year felony. Timing depends on discovery and tolling.
• Pasadena child injury (2012), reported in 2024: Many child-injury crimes use the child-victim clock, often allowing prosecution well past 20 years.

The Harris County DA handles one of the busiest dockets in the state. Filing delays or clerical mistakes sometimes give the defense an opening.

How the Defense Raises the Statute of Limitations

Pretrial Motion to Dismiss

Your lawyer can file a motion under Article 12 to dismiss charges that were filed too late. Courts set hearings, and the State must prove it acted within the legal time period.

See also: How Can I Get My Case Dismissed If I Am Guilty

At Trial

The defense can request a jury instruction on the statute of limitations. If granted, the jury must consider whether the filing was timely.

Waiver Risks

If the defense does not raise the statute at or before trial, courts may treat it as waived.

Common Myths

• Myth: All felonies expire after 3 years.
• Truth: Many have 5, 7, 10, 15, 20 years, or no limit.
• Myth: Leaving Texas does not matter.
• Truth: Time out of state tolls the statute.
• Mistake: Assuming a dismissal ends the case forever. The State can sometimes refile if time remains.

Practical Steps if You Think the Deadline Passed

1. Do not talk to police without a lawyer.
2. Collect proof of dates (records, travel logs, emails).
3. Note time outside Texas—it may toll the statute.
4. Have a lawyer analyze the limitations period and filings.

See: Role of a Criminal Defense Attorney

FAQs

What is the statute of limitations for misdemeanors?

Two years from the date of the offense.

What about felonies not listed in Article 12?

Three years by default.

Do any cases allow 15 years or 25 years?

Not under Texas law, but some states in the United States set 15-year or 25-year limits. Texas often allows longer or no limits for sexual abuse cases.

Which crimes have no limitation?

Murder, manslaughter, many sexual abuse crimes against children, certain adult sexual assaults with DNA, and trafficking cases.

Does time outside Texas count?

No. Leaving the state pauses the clock.

Can dismissed cases be refiled?

Yes, if time remains and tolling applies.

Why Hire The Martinez Law Firm

Herman Martinez is a former Harris County Chief Prosecutor and a respected Houston criminal defense lawyer. He has served as a City of Houston Associate Judge, provides legal commentary for media, and has decades of trial experience. Recognized by Super Lawyers® and Houston Texas Magazine, he knows how prosecutors calculate deadlines—and how to challenge late filings.

Call for a Confidential Review

If you are facing criminal charges and want to know if the limitations period applies, call The Martinez Law Firm. We will:

• Review your case history.
• Check exact dates against statutory deadlines.
• Analyze tolling events.
• Build a defense that protects your rights.

Contact us today for a confidential consultation.

This article explains Texas law under Chapter 12 of the Code of Criminal Procedure. It is not legal advice. For advice on your case, consult a licensed Texas attorney.

Open Container Law in Texas

The current open container law in Texas was part of a push to make the laws around drinking and driving stricter. Moreover, they had to comply with the Federal Transportation Equity Act to ensure the state received funding. 

For over a decade, there have been no significant changes to the open container law. However, many Texans remain confused about what the law covers. When you receive an open container ticket in Houston, TX, it’s not always easy to navigate the legal system. 

With an experienced criminal defense attorney, you have someone to guide you through it. Schedule a free case evaluation today to learn more. 

What Is an Open Container?

The term “open container” seems simple at first. However, the penal code is not so easy to interpret. The Texas Penal Code, Title 10, § 49.031 covers possession of an alcoholic beverage in a motor vehicle. 

Per the penal code, a person commits this offense when they knowingly possess an open container in the passenger area of a vehicle on a public highway. This applies whether the vehicle is in transit, stopped, or parked. 

For many Texas, the open container law leaves them with many questions. 

• Can a passenger have an open container or is that against the law, too? 
• Does an open container ticket go on your record? 
• If the open container is in the trunk, is that illegal? 
• Is it legal to drive with an open container of alcohol anywhere in the car?
• What are the consequences if I unintentionally violate this law as a driver or passenger?

At first, you might think you understand what qualifies as an open container, public highway, and passenger area. However, many Texas drivers don’t realize that these laws are stricter than many believe. 

For instance, “open container” applies to a bottle, flask, or other container with any level of alcohol in it that is currently open or has been opened. Put simply, a previously opened bottle of whiskey counts under the open container law in Texas. 

The only exclusions are containers that have never been opened or still have an intact factory seal. 

What Counts as the “Passenger Area”?

The “passenger area” of this law is also a point of confusion. Essentially, any area where a container of alcohol is visible to the driver and within reach counts. However, the law specifically excludes open containers in the following areas. 

• A locked glove compartment 
• The trunk 
• Areas behind the back row of seats in cars without trunks

“Public Highway”

Lastly, while the penal code refers to “public highways” specifically, this includes more than interstates and freeways. In reality, it applies to any container on a publicly maintained road. 

Additionally, it includes areas immediately around any public road. So, if you park on a quiet back road, it’s possible to violate this law. 

What Are the Penalties of the Open Container Law in Texas?

On its own, possession of an open container in a vehicle is a Class C misdemeanor. The base penalties include a fine of up to $500. It carries no mandatory jail time. 

So long as you and your passengers violate no other laws, you receive a ticket and pay a fine. However, a violation of the open container law enhances the penalties of other crimes. 

For instance, if you face DWI charges, an open container in your vehicle increases the fines and jail time you face. Oftentimes, we refer to this as an “open container enhancement.” 

In such a case, this violation of the open container law is open to treatment as a Class B misdemeanor. This level of misdemeanor carries fines of up to $2,000 with potential jail time of up to 180 days. 

Similarly, if you receive a charge for an open container while on DWI probation or with a suspended driver’s license, the potential penalties grow yet more severe. No matter the penalty, it’s important to understand how far-reaching the consequences can be. 

While the state’s punishment is limited to a relatively minute fine, it goes on your record. Often, this has a negative impact on academic and career pursuits. For example, you might have a harder time attaining financial aid. 

Additionally, many employers check criminal records. Moreover, when you need a professional license or security clearance, these records come under consideration. Lastly, car insurance companies often consider people with open container law convictions a higher risk. That leads to higher monthly premiums. 

Fighting an Open Container Charge

Whether you face basic open container charges or an enhancement to your DWI, you have an opportunity to fight the charge. If an officer pulls you over, the law requires that they have reasonable suspicion and sufficient cause to search your vehicle. 

If your charges stem from an illegal stop or an unlawful search, you need an experienced criminal defense attorney on your side. At The Martinez Law Firm, our DWI defense attorneys have a great deal of experience and expertise. Let us help you protect your future and fight for your rights. 

Don’t hesitate to schedule a free consultation today. 

Intoxication Manslaughter Charges in Texas

If you’ve been charged with a serious crime such as Intoxication Manslaughter, you will need an Intoxication Manslaughter Lawyer. Contact us today for a free consultation.

In Texas, anyone who is driving under the influence of alcohol or drugs and gets behind the wheel automatically faces very serious criminal charges such as Intoxication Manslaughter. The problem only becomes compounded if the accident leads to significant property damage or another person becomes injured. One of the worst forms of these accidents occurs when someone is wrongfully killed as a result of the drunk driving accident.

In our state, this criminal act is called intoxication manslaughter. Below, our Houston DWI lawyer at The Martinez Law Firm expands further on this type of criminal charge and what form of defense can be offered.

What Is the Difference Between Manslaughter and Murder?

The most significant difference between manslaughter and murder is that the latter is premeditated. Someone made a conscious effort in planning to take another person’s life. Manslaughter, on the other hand, is often accidental, and the person had no malice or intent to kill. The penalties for manslaughter are not typically as severe as those for murder; nonetheless, facing any type of criminal charge, no matter how serious, will be a stressful experience.

Intoxication manslaughter is a second-degree felony and carries these possible penalties:

• Fine of up to $10, 000
• Incarceration for 2 and up to 20 years even if probation is given to the accused
• Community service: minimum of 240 hours and up to 800 hours

One major difference between intoxication manslaughter and manslaughter is how it is defended in court and how the case will be presented. It is extremely important to have an intoxication manslaughter lawyer because the perception from the court’s standpoint is zero tolerance.

The fact is, perception and judgment become compromised when someone is intoxicated, is the very fact that someone made the decision to drink and drive. The prosecution may find a reason to use this as a point to move their case forward and try to secure a conviction. It will be up to your Houston DWI attorney to stay one step ahead and counter those arguments.

Get An Intoxication Manslaughter Lawyer Now—Call The Martinez Law Firm!

Lead attorney, Herman Martinez, serves Houston, Texas with sharp, knowledgeable, and client-driven defense against criminal charges and DWI. He uses his knowledge of the law and sharp legal skills to ensure that the investigation process is thorough and clients are given fair representation in court.

If you are facing intoxication manslaughter or any type of DWI or criminal charge, do not wait. Please give our Houston DWI lawyer a call today to discuss your case further.

Salvia Divinorum Added to the Texas Controlled Substance Act

Salvia Divinorum is a plant that is also called Diviner’s Safe and Seer’s Safe. It is a plant which can induce dissociative effects and can cause visions or other hallucinatory experiences. The plant grows in Oaxaca, Mexico or in other sandy and moist locations. It can be over one meter high.

In most countries, this plant is legal for recreational use. This is partially because it is not very common and it is not typically used as a hallucinogenic. In some cases, it can induce a visionary state of consciousness and some religious groups use the plant during spiritual healing sessions. Most of the plants local names infer that the plant is an incarnation of the Virgin Mary.

Salvia Divinorum is not illegal according to the federal law, but some states have banned the substance on their own level. The Salvia divinorum is currently illegal in Texas and is considered a violation in penalty group 3. The Texas laws say that all parts of this plant, including the seeds, and the extracts, are illegal.

The only time that the plant is legal is if it is unharvested and growing in its natural state. This protects some homeowners in Texas who may have the plant growing in their backyard but never planted it and don’t intend to use it for hallucinogenic purposes. If you have been accused of using this drug for recreational purposes, then you are going to want a Houston criminal defense attorney on your side to represent you in your case.

With the right Houston criminal defense attorney there to assist you, you may be able to get the case result that you need and avoid conviction. Because this drug is not heavily prosecuted, you may be able to strike a plea bargain or avoid prosecution. Hire the firm today to learn more!

Texas Crimes: Bribery

According to the Texas Penal Code, bribery is the offense of intentionally and knowingly offering a person money or collateral for an illegal action; Individuals can be charged with this if they offer, confer, or agree to confer on another for a recipient’s decision about a situation, vote, or another exercise of discretion as a public servant or party official.

Bribery also applies to people who offer benefits to a person for their decision in a judicial or administrative proceeding, such as in a court case. For example, if an individual was charged with a crime, and bribed a judge to have him declare the defendant not guilty, this would be considered the crime of bribery. Also, if a person offers benefits for a political contribution, this can be considered bribery.

All bribery offenses are typically considered second-degree felonies. This also applies to tampering with witnesses in court cases, and to encouraging individuals to lie about the situations surrounding a case. Oftentimes those who commit the crime of bribery do not intend to commit a serious crime. Instead, they may be caught up in working to secure their innocence in a court case, or may be concerned about their welfare and will ask individuals to do them a favor for a reward.

It is best to remember that bribery is a serious crime and to avoid it at all costs. Talk to an attorney today if you want to learn more about bribery or if you need defense in a bribery case. You may be able to claim that you were misrepresented, or that you have been framed and did not intend to bribe anyone. Also, if you can prove that you were misinterpreted, and that in the conversation that allegedly took place you did not actually bribe the individual, then this may help in your case. Talk to a lawyer at The Martinez Law Firm for more information.