The Sixth Amendment guarantees the right to counsel. Texas Code of Criminal Procedure Article 1.051 is where that guarantee becomes a working set of rules — who gets a lawyer, when, and what it takes to give the right up. Brian Foley explains the article in this video.
The scope of the right
Article 1.051(a) provides that a defendant in a criminal matter is entitled to be represented by counsel in an adversarial judicial proceeding, and that the right includes the right to consult in private with counsel sufficiently in advance of a proceeding to allow adequate preparation. The right applies at every critical stage — arraignment, bond hearings, plea negotiations, pretrial hearings, trial, sentencing, and the first appeal.
Appointed counsel
An indigent defendant is entitled to appointed counsel in any adversary judicial proceeding that may result in punishment by confinement, and in other proceedings where the court finds the interests of justice require it. Article 1.051(c) sets deadlines: in counties with a population of 250,000 or more — including Harris County — counsel must be appointed no later than the end of the first working day after the request; in smaller counties, the third working day. A defendant who cannot afford a lawyer should ask for one at magistration.
Waiving counsel
A defendant may waive the right to counsel, but only voluntarily and intelligently. Article 1.051(f) and (g) require the court to advise the defendant of the nature of the charges, the dangers and disadvantages of self-representation, and that a written waiver — substantially in the form set out in the statute — be signed. A waiver obtained at magistration for purposes of a plea is void if the defendant later retains or is appointed counsel, and the State cannot initiate or encourage a waiver.
Why this matters
Article 1.051(h) provides that a defendant who has waived counsel may withdraw the waiver at any time. The practical point: nothing you do without a lawyer at magistration — including talking to prosecutors — is binding, and you are entitled to representation before you decide anything. As former prosecutors, Brian Foley and Luis Baez know how much is decided in the first days of a case; the right to counsel exists so those decisions are not made alone.
See also Article 1.052, the Code of Criminal Procedure index, or call or text (713) 703-1718 for a free consultation.