Rights of the Defendant in Texas Criminal Court Proceedings

If you or a loved one have been charged with a crime, you are now considered a criminal defendant – regardless of your innocence or guilt.

Now, more than ever, it’s important for you to know that the United States Constitution grants all people with certain rights under the Bill of Rights and several amendments. Individuals are provided these basic protections while moving through the criminal justice process and any breach of these rights may result in a mistrial or dismissal of your case.

First and foremost, the prosecution must prove beyond a reasonable doubt that the defendant is guilty of the offense they’ve been charged with in order to convict and sentence the individual for a crime.

1. You have the right to remain silent.

2. Any statement you make can and will be used against you in court.

3. You have the right to have an attorney present.

4. If you cannot afford an attorney one will be provided.

4th Amendment Rights

Right to probable cause for searches & seizures. If law enforcement or the prosecution obtains evidence against you illegally, then that evidence will not be admissible in court.

The Constitution requires probable cause to be established before searches and seizures, and defendants can dispute the charge if they believe a search and seizure was unreasonable.

• Right to remain silent. The Fifth Amendment protects defendants from self-incrimination by establishing their right to stay silent when questioned by police during arrest or by a prosecutor during trial. According to the Constitution, a defendant cannot “be compelled in any criminal case to be a witness against himself.” This is what people mean when they “plead the fifth.”

• Right against double jeopardy. A defendant also cannot be tried for the same crime twice according to the Fifth Amendment. This is called “double jeopardy,” and it’s unconstitutional. For example, if a defendant is charged with sexual assault and the case is dismissed, the state cannot retry the person with the same offense in the hopes of a different outcome.

• Right to representation. Every criminal defendant has the right to adequate representation from an attorney and professional legal counsel. The government will provide a lawyer if you cannot afford to hire one. The defendant also has the right to decline legal representation and represent himself or herself, though this is not recommended.
• Right to a speedy trial. Defendants have a right to quick and speedy trial so that they aren’t sitting in jail for months waiting for their day in court. Defendants can also choose to waive their right to a speedy trial if desired. This can happen in cases where the defense needs more time to build their case. Unfortunately, neither the federal constitution nor Texas state constitution specify what length of time is considered “speedy,” making violations to this right difficult to determine without help from a knowledgeable attorney.

• Right to a reasonable bail. Bail allows defendants to leave jail while they await trial by paying a fee to ensure they return on their court date. Bail is not granted in all cases, but if it is then the court has a duty to set a bail amount that’s reasonable considering the severity of the offense and the defendant’s likelihood of fleeing. For example, bail should not be set high for a person without a criminal record who has been charged with a minor offense or misdemeanor. (To learn more, read our Criminal Defense Guide to Bail & Bonds.)

• Right to be free from cruel and unusual punishment. Lastly, defendants are protected under the Eighth Amendment from “cruel and unusual punishment” if convicted of a crime. This means individuals are guaranteed certain rights such as access to basic medical treatment in prison and protected from disproportionately harsh punishments or fines that don’t fit the crime. For instance, a person convicted of a minor drug possession offense should not be sentenced to life in prison or the death penalty.