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  • Writer's pictureBrian Foley

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Series Section 1.04 & 1.05

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Series Section 1.04. Brian Foley is Board Certified in Criminal Law.


The Texas Code of Criminal Procedure has numerous provisions which write down in statute some of the protections which courts have granted to citizens. Article 1.04 is called the due course of law provision and provides, "No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land." This is taken and modeled after the 14th amendment to the United States Constitution's due process clause. Here is the text of the 14th amendment:


No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

This provision has been interpreted similarly but most of the action here comes from the Supreme Court of the United States and their interpretations of what "Due Process" really means.



Article 1.05 is probably the most important part of the code of criminal procedure and it is so foundational that it is basically taken for granted. In many years of criminal law practice in Texas I have never heard someone have to make the argument that a person is entitled to be indicted by a grand jury, or has a right to a jury trial before being imprisoned. Although these rights are respected by all members of the criminal justice system they shouldn't be taken so lightly. It is no mistake that we have the right to a jury trial and to be presumed innocent. These rights were fought for and paid by the blood of patriots. When you grant someone the right to a jury trial you are upholding your sacred duty as a citizen of the state of Texas and the United States.


Here are the rights protected by 1.05:

  • The right to a speedy public trial by an impartial jury.

  • The right to a copy of the indictment or formal charging document. (Notice).

  • The right not to testify against himself or be compelled to give evidence against himself.

  • The right to an attorney or to act on his own behalf as an attorney or both.

  • The right to confrontation through cross examination of government witnesses.

  • The right of compulsory process otherwise known as right to subpoena witnesses.

  • The right to answer to felony charges only after indictment of a grand jury.

Again these mirror the amendments to the United States Constitution.


Art. 1.04. DUE COURSE OF LAW. No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.


Art. 1.05. RIGHTS OF ACCUSED. In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not be compelled to give evidence against himself. He shall have the right of being heard by himself, or counsel, or both; shall be confronted with the witnesses against him, and shall have compulsory process for obtaining witnesses in his favor. No person shall be held to answer for a felony unless on indictment of a grand jury. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.


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