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Your Right to a Defense Attorney

If you’re facing criminal charges for the first time in Texas, you may not know much about criminal procedure and your rights to a defense attorney. As the accused, you have certain rights in a criminal prosecution that cannot be taken away from you, at least not legally. One such right is the “right to representation by counsel,” which is covered under Article 1.051 of the Code of Criminal Procedure.

Under Art. 1.051(a) it says, “A defendant in a criminal matter is entitled to be represented by counsel [a defense attorney] in an adversarial judicial proceeding. The right to be represented by counsel includes the right to consult in private with counsel sufficiently in advance of a proceeding to allow adequate preparation for the proceeding.”

According to Art. 1.051(f-2), In a prosecution that may result in incarceration, the court cannot encourage or direct the defendant to speak with the prosecuting attorney until the defendant is advised by the court about their right to a defense lawyer, and the defendant has been given a reasonable opportunity to obtain defense counsel.

Court Advises Against Self-Representation

Under Art. 1.051(g), if the defendant decides to waive his or her right to counsel for the purposes of pleading guilty or proceeding to trial, “the court shall advise the defendant of the nature of the charges against the defendant” and if the defendant is going to trial, the court will advise him or her of the “dangers and disadvantages of self-representation.”

Have you been accused of a crime in Plano, Dallas or Fort Worth? If so, you do not want to forgo legal representation! Even if you made a mistake, that does not mean you should plead guilty and accept the full wrath of the Texas Criminal Justice System. To discuss your charges with an experienced member of our legal team, contact The Zendeh Del Law Firm, PLLC today. We are on your side and determined to help!