In Texas criminal law, a defendant is the person accused of committing a crime. It's the individual whom the government claims has violated a law and is now being prosecuted in court. Once formal charges are filed (such as a complaint, information, or indictment), the accused person is called the defendant.
Being a defendant does not mean someone is guilty. It simply means that the person has been formally accused and must respond to the charges in court.
In Texas criminal cases, the State of Texas brings the case. A prosecutor (like a district attorney, county attorney, or city prosecutor) speaks for the State in court.
Related: What is a plaintiff?
Rights of a Defendant in Texas
If you are a defendant in a Texas criminal case, the law guarantees several constitutional protections. These rights come primarily from the U.S. Constitution and the Texas Constitution.
Key rights of a defendant include:
The Right to Remain Silent
Anything you say to law enforcement can potentially be used as evidence against you. You can choose not to answer questions from the police. You can say, “I am invoking my right to remain silent. I want a lawyer.”
Then stop talking.
The Right to a Lawyer
A defendant has the right to legal representation. If the charge carries the possibility of jail time and you cannot afford a lawyer, you can ask the court to appoint one.
Even in cases like Class C misdemeanors, where you only have to pay a fine, you can still hire your own lawyer. Note that courts usually don't appoint a lawyer in these instances because the offenses are punishable only by a fine and do not include jail time.
The Right to a Fair and Public Trial
Defendants are entitled to a trial (conducted either by a judge or a jury) that is open to the public.
The Right to Confront Witnesses
Defendants have the right to cross-examine the witnesses who testify against them.
The Right to Due Process
When investigating, charging, and prosecuting a case, the government must follow strict legal procedures.
These rights help ensure that people accused of crimes are treated fairly and that the government proves its case properly.
When Should a Defendant Hire a Lawyer?
Criminal charges are serious and can lead to jail time, fines, and a criminal record. That's why it's important to speak with a lawyer as early as possible.
The earlier a lawyer becomes involved, the more chances you'll have to protect your rights and build a defense.
You should talk to a lawyer as soon as you can if you:
- Have been arrested or charged with a crime
- Receive a court summons or notice of charges
- Believe you may be under investigation
- Are facing felony charges
- Have prior criminal convictions that could enhance penalties
- Risk jail time, fines, or a permanent criminal record
An experienced criminal defense attorney can review the evidence, identify weaknesses in the prosecution's case, negotiate with prosecutors, and represent you in court. Even if the police just want to question you about a criminal investigation, it's also advisable to contact a lawyer.
Frequently Asked Questions
Is a defendant the same as a suspect?
No. A suspect is someone police believe may have committed a crime but has not been formally charged. Once charges are filed in court, the person becomes a defendant.
Can a defendant be found not guilty?
Yes. Being a defendant simply means someone is accused of a crime. If the prosecution fails to prove guilt beyond a reasonable doubt, the defendant must be found not guilty.
What happens after someone becomes a defendant?
After charges are filed, you will get court dates. Your first court date may be called an arraignment or first appearance, depending on the court. Then, the defendant typically goes through several stages of the criminal process, including:
- Bond or release conditions
- Pre-trial hearings
- Plea negotiations
- Trial (if needed)
Each stage gives the defense an opportunity to challenge the prosecution's evidence.
What is the Burden of Proof?
The burden of proof is the duty to prove a claim is true. In a Texas criminal case, the State has the burden of proof, not the defendant. The State must prove the defendant's guilt beyond a reasonable doubt. Otherwise, the judge or jury must find the defendant not guilty.
Talk to a Texas Criminal Defense Lawyer
Being named as a defendant in a criminal case can have serious consequences, including the possibility of fines, jail or prison time, and a permanent criminal record. The legal process can move quickly, and understanding your rights and defense options early on is critical.
Michael & Associates is a Texas-based criminal defense firm with offices throughout Texas, as well as in Nashville, Tennessee, and Los Angeles, California. Our attorneys defend individuals accused of a wide range of criminal offenses, including robbery, drug charges, theft, assault, domestic violence, DWI, and other criminal cases.
Contact us today to schedule a free case review.
Legal disclaimer: This page reflects Texas law and does not apply to other states. Laws discussed are current as of 2026. It's for general information only and is not legal advice. Reading it does not create an attorney-client relationship.
Sources:
https://www.senate.gov/civics/resources/pdf/US_Constitution-Senate_Publication_103-21.pdf
https://tlc.texas.gov/docs/legref/TxConst.pdf
Note: This article was written by Ben Michael, Managing Partner of Michael & Associates (Texas Bar Card #24088055). It was originally published in March 2026, and has been reviewed for accuracy by the Michael & Associates research team and the firm's Texas attorneys.
