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Texas Code of Criminal Procedure: An Outline

Are you, or someone you love facing criminal charges in Plano, Dallas, or anywhere else in Texas? If so, we’d like to familiarize you with the Code of Criminal Procedure, which true to its title, explains the Lone Star State’s “criminal procedure.”

Since the Code of Criminal Procedure is too long to explain in detail, we’re going to provide a brief outline of the Code. Here are some of the main points addressed in the Code of Criminal Procedure:

  • Rights of the Accused
  • Right to Representation by Counsel
  • Searches and Seizures
  • Right to Bail
  • Habeas Corpus
  • Cruelty Forbidden
  • Jeopardy
  • Acquittal a Bar
  • Right to Jury
  • Waiver of Trial by Jury
  • Waiver of Rights
  • Waiver of Indictment for Noncapital Felony
  • Jury in Felony
  • Liberty of Speech and Press
  • Religious Belief
  • Confronted by Witnesses

Let’s take a closer look at some of the provisions listed above. Right to Representation of Counsel: Criminal defendants have the right to an attorney. If the defendant is indigent (poor), he or she has a right to a public defender.

Under Article 1.06, Search and Seizures: People have the right to be secure in their homes, possessions, papers, and their persons from unreasonable searches and seizures. Under this article, no search warrant is to be issued without being supported by “probable cause” first.

Article 1.07, Right to Bail says, “All prisoners shall be bailable unless for capital offenses when the proof is evident.” However, Article 109, Cruelty Forbidden, forbids excessive bail and fines, and cruel and unusual punishment.

Under Article 1.10, Jeopardy, no defendant shall have their life and liberty put at risk for the same offense twice, nor shall someone be put on trial twice for the same offense after a court came back with a not guilty verdict.

Do you have questions about the Code of Criminal Procedure and how it applies to your rights as a criminal defendant? If so, we urge you to contact our Plano criminal defense firm to schedule a consultation with an experienced member of our legal team!