By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522
www.rosenthalwadas.com

There is no question that our society is impressed by statistics. We track things like the earned run average, political approval rating, grade point average, and even pit our stat-driven fantasy football teams against rival co-workers, friends and relatives. Statistics can weigh upon the thought process of any person in a situation of uncertainty, especially someone charged with a criminal offense. Perhaps this is why criminal defense attorneys are commonly asked “what is going to happen?” and “what are my chances?”

Enough emphasis cannot be placed upon the fact that statistics do not answer these two questions; criminal cases are decided based upon facts and law and a statistic will change neither. The real value in these numbers lies in correcting misconceptions, dispelling feelings of hopelessness and emphasizing the importance of being represented.

For anyone interested in considering just raw data, the 2011 misdemeanor statistics (for Class A and B arrestable offenses) can be found by clicking on the following link: 2011 Misdemeanor Statistics The numbers are compiled by the Office of Court Administration (OCA) which is an agency of the judicial branch operating under the direction of the Supreme Court of Texas. The OCA provides a number of resources relating to the Texas Judiciary, including an “Annual Report for the Texas Judiciary,” where statewide criminal justice statistics are reported. In lieu of waiting for the annual report, the numbers linked in this article were obtained by running a report for Collin County between the months of January 1, 2011 and December 31, 2011. Technically, there are 5 court days left in December, but they unlikely to drastically change the overall statistics for the year 2011. These statistics will only include numbers reported for Class A and B misdemeanors (arrestable misdemeanor offenses).

The following are noteworthy statistics for the year:

• 17,081 misdemeanor cases were on the docket (caseload) last year
• 9,667 misdemeanor cases were disposed (resolved)*
• In 6,839 cases, 70.75% of disposed cases, individuals were represented by an attorney
• DWI cases make up the largest portion of the misdemeanor docket at 4,653 cases or 27.24%
• Theft and Marijuana cases were the next largest categories with 3,624 (21.22%) and 2,339 (14.04%)
• Total number of DWI cases prosecuted (resolved by plea or trial) in Collin County: 1,845
• 17.89% or 330 people charged with DWI (1st offense) or DWI (2nd offense) took their case to trial
• 33.64% or 111 people charged with DWI (1st) or DWI (2nd) who took their case to trial were acquitted
• 35.64% of people charged with DWI (1st) who took their case to trial were acquitted
• To compare: 53.33% of Assault trials 15.9% of Marijuana and 1.61% of Theft trials resulted in acquittal**
• Of the 9,667 misdemeanor cases resolved last year, 1,124 or 11.63% were dismissed*
• Theft cases, which make up 20.34% of all resolved cases, account for 27.85% of dismissals*
• 4,569 cases were resolved by probation, 2,772 cases by deferred adjudication and 2,916 cases by jail sentence. ***

2011 Misdemeanor Statistics

* It is unclear whether total cases disposed (resolved) includes resolution of motions to revoke.

** Unlike DWI cases, other misdemeanor cases may be resolved by placement into Pretrial Diversion Program and are more commonly candidates for dismissal. This can affect these statistics.

*** Clearly, these numbers add up to greater than 9,667 total cases resolved. This is likely attributed to some probation sentences which include jail time as a term and condition of probation.

****Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.