Most people know the U.S. Constitution protects the accused. Fewer know that Texas wrote those same protections — and a few more — directly into its Code of Criminal Procedure. Brian Foley explains Articles 1.04 and 1.05 in this video.
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." This is the Texas version of due process, drawn from Article I, § 19 of the Texas Constitution. It is the source of the requirement that the State follow fair procedures at every step — arrest, charging, trial, and sentencing — and Texas courts have at times read it more protectively than its federal counterpart.
Art. 1.05 — Rights of the accused
Article 1.05 lists the rights of a person accused of a crime:
- A speedy public trial by an impartial jury.
- The right to demand the nature and cause of the accusation and to have a copy of it.
- The right not to be compelled to give evidence against himself — the Texas right to remain silent.
- The right to be heard by himself, or counsel, or both.
- The right to be confronted with the witnesses against him — the basis for cross-examination and for excluding testimonial hearsay.
- The right to compulsory process to obtain witnesses in his favor.
- The right not to be held to answer for a felony except on indictment by a grand jury, with limited exceptions.
How these rights work in a real case
These are not abstractions. The confrontation right is why a prosecutor cannot simply read a complainant's written statement to a jury when the complainant does not appear — a frequent issue in assault family member cases. The right against self-incrimination is why nothing you decline to say at a DWI stop can be used against you. The right to counsel is why the State cannot question you once you have asked for a lawyer. And the speedy-trial right is a tool for forcing the State to either try a stale case or dismiss it.
As former prosecutors, Brian Foley and Luis Baez know how these rights constrain the State — and how to hold the State to them. See also Articles 1.01–1.03, the Code of Criminal Procedure index, or call or text (713) 703-1718 for a free consultation.