How do criminal justice statistics play a role in providing competent legal advice? Rule 2.01 of the Texas Rules of Professional Conduct provides “in advising or otherwise representing a client, a lawyer shall exercise independent professional judgment and render candid advice.” The notes to this rule go on to explain that a client is entitled to a straightforward and honest legal assessment.

A straightforward assessment of whether to “take your case to trial” should always involve a consideration of what juries typically do in similar cases. This not only helps the client determine whether to assume the risk associated with trial, but also whether the client has a better chance convincing a judge, or perhaps even the prosecutor, of his or her case. Certainly, every case will have unique facts and circumstances which may override general probabilities and considerations of “what typically happens in this sort of case.” Statistics are not an answer for “what should I do with my case” but rather a single factor for consideration.

One important disclaimer: I am a lawyer not a mathematician; I think I know enough about math to get these numbers right but there is room for human error. For this reason, I am linking the raw data along with a spreadsheet which contains my extrapolation of important numbers from that data.

2014 Collin County Criminal Justice Statistics – Misdemeanor

2015 Collin County Criminal Justice Statistics – Misdemeanor

Collin County Criminal Justice Statistics Spreadsheet – Misdemeanor

Misdemeanor Offenses Overall

• 7,742    total dispositions*
• 7,378    new cases filed**
• 372        total trials 242 judge trials, 130 jury trials
• 218       “not guilty” verdicts 168 judge, 50 jury trials
• 154       “guilty” verdicts 74 judge trials, 80 jury trials
• 2,830   cases (36.5%) resolved by deferred adjudication***
• 731        total cases dismissed
• 58.6%   percent of trials with “not guilty” verdicts 69.4% judge, 38.4% jury****
• 4%         percent of cases dismissed
• ↓856     fewer cases filed 8234 in 2014, 7378 in 2015
• ↓1086   fewer cases disposed 8828 in 2014, 7742 in 2015**
• ↑6.9%   pct. increase from 2014 – overall “not guilty” verdicts 51.7% to 58.6%
• ↑9.2%   pct. increase from 2014 – jury “not guilty” verdicts 29.3% to 38.5% 
• No significant change in cases receiving deferred adjudication – roughly 37%

Driving While Intoxicated – First Offense

• 1,577        total number of cases disposed*
• 176           total number of trials
• 56.25%   percent of all trials resulting in “not guilty” verdicts
• 75.00%   percent of judge trials resulting in “not guilty” verdicts
• 31.58%    percent of jury trials resulting in “not guilty” verdicts
• 1.71%       percent of cases dismissed possibly due to motions to suppress evidence****
• ↑10.37%  pct. increase from 2014 – all “not guilty” verdicts 45.88% to 56.25% *****
• ↑5.67%    pct.  increase from 2014 – all “not guilty” jury verdicts 25.97% to 31.58%*****

Driving While Intoxicated – Second Offense

• 288          total number of cases disposed*
• 19             total number of trials 28 fewer than 2014
• 21.05%    percent of trials with “not guilty” verdicts
• 38.36%   percent of judge trials resulting in “not guilty” verdicts
• 0.00%     percent of jury trials resulting in “not guilty” verdicts
• ↓31.33%  pct. decrease from 2014 – all “not guilty” verdicts 52.38% to 21.05%*****
• ↓31.58%  pct. decrease from 2014 – all “not guilty” jury verdicts 31.58% to 0.00%*****

Possession of Marijuana

• 1,343         total number of cases disposed*
• 9                 total trials
• 66.67%     percent of all trials resulting in “not guilty” verdicts
• 66.67%     percent of jury trials resulting in “not guilty” verdicts
• 66.67%     percent of judge trials resulting in “not guilty” verdicts
• 54.21%     percent of cases resolved by deferred adjudication
• 8.41%       percent of cases resolved by dismissal
• ↑40.58%  pct. increase from 2014 – all “not guilty” verdicts 26.09% to 66.67%*****
• ↑33.33%  pct. increase from 2014 – jury “not guilty verdicts 33.33% to 66.67%
• no significant change from 2014 in percentage of cases receiving deferred adjudication
• no significant change from 2014 in percentage of cases dismissed

 Assault 

• 129             total number of cases disposed*
• 19               total number of trials
• 63.16%     percent of trials with “not guilty” verdicts
• 60.00%    percent of jury trials resulting in “not guilty” verdicts
• 64.29%     percent of judge trials resulting in “not guilty” verdicts
• 42.64%     percent of cases resolved by deferred adjudication
• 12.28%      percent of cases resolved by dismissal
• ↑13.16%    pct. increase from 2014 – all “not guilty” verdicts 50.00% to 63.16%
• ↑17.14%    pct. increase from 2014 – jury trial “not guilty” verdicts 42.86% to 60.00%
• ↓1.8%        pct. decrease from 2014 – deferred adjudication dispos. 44.44% to 42.64%
• ↓5.18%      pct. decrease from 2014 – dismissals 17.46% to 12.28%

Assault – Family violence 

• 484            total number of cases disposed*
• 84              total number of trials
• 82.15%     percent of trials with “not guilty” verdicts****
• 60.87%    percent of jury trials with “not guilty” verdicts
• 90.16%    percent of judge trials resulting in “not guilty” verdicts
• 44.13%    percent of cases resolved by deferred adjudication
• ↑18.02%  pct. of cases resolved by dismissal
• ↑18.11%   pct. increase from 2014 – all “not guilty” verdicts 64.04% to 82.15%
• ↓11.13%   pct. decrease from 2014 – jury trial “not guilty verdicts 72.00% to 60.87%
• ↑6.51%    pct. increase from 2014 – deferred adjudication dispos. 37.62% to 44.13%
• ↓11.66%  pct. decrease from 2014 – dismissals 29.68% to 18.02%

Theft

• 1229         cases disposed*
• 5                total number of trials
• 40.00%   percent of trials with “not guilty” verdicts
• 66.67%    percent of judge trials resulting in “not guilty” verdicts
• 0.00%     percent of jury trials resulting in “not guilty” verdicts*****
• 55.00%   percent of cases resolved by deferred adjudication
• 4.48%     percent of cases resolved by dismissal
• ↑6.66%   pct. increase from 2014 – all “not guilty” verdicts 33.33% to 40.00%
• ↓66.67% pct. decrease from 2014 – jury trial “not guilty verdicts 66.67% to 0.00%
• ↓3.19%    pct. decrease from 2014 – deferred adjudication dispos 58.19% to 55.00%
• ↓3.93%   pct. decrease from 2014 – dismissals 8.41% to 4.48% 

* “Dispositions” include: total convictions, total acquittals, total deferred adjudication, total dismissals. It does not include numbers appearing in “all other dispositions” as that category does not appear to reflect any known type of disposition. It does not include dispositions in motions to revoke.

** Does not include cases appealed from lower courts, motions to revoke, cases reactivated, other cases added or other dispositions

*** According to the OCA Website FAQs, cases disposed by “pretrial diversion” are reported as “deferred adjudication.”

**** Numbers can sometimes be misleading. Frequently, legally deficient cases are resolved by brief trials before the court, especially when both sides agree a deficiency exists. This phenomenon could also be due to an unwritten “no-dismissal” policy by the district attorney. These numbers would suggest on their face that judges are more lenient when in fact it may reflect that prosecutors are making an effort despite the fact that a small but critical piece of their case is missing.

*****Smaller sample sizes can contribute to large fluctuation in “averages” from year to year.

******There are certain parts of the OCA Misdemeanor Case Activity Detail which seems internally inconsistent. For example, the total number of “local jail” and “probation” and “fine only” sentences do not equal the amount of convictions and deferred adjudication cases and they should. This could be due to underreporting or misreporting in the “sentencing information” category. Another example would be the number of cases where individuals have appointed or retained counsel. These numbers on their face seem fine, but when considering what that means for the number of pro se litigants, the number seems underreported.