A plaintiff is the person or party who files a lawsuit against another party in court and claims that the other party caused harm, violated a legal duty, or committed a wrongful act. This person or party asks the court for compensation (monetary damages) or another legal remedy.
Under the Texas Rules of Civil Procedure, Rule 22, a civil lawsuit is initiated by filing an original petition with the court.
A criminal case is different. Instead of resolving a private dispute between individuals, a criminal case involves enforcing laws passed by the state. The goal is not compensation, but punishment, deterrence, or public safety.
Because of that, there is no plaintiff in a Texas criminal case. Even if there is a victim, the case is prosecuted by the State of Texas against the accused person (the defendant). The victim may participate as a witness, but they are not a party controlling the case.
Related: What is a defendant?
Civil vs. Criminal Cases in Texas: Why There Is No Plaintiff
In Texas, criminal prosecutions are brought in the name of the State of Texas. The Code of Criminal Procedure explains the legal basis:
- Texas Code of Criminal Procedure Article 21.02: This sets out the required elements of a valid indictment, including that it be brought in the name of the State of Texas and clearly describe the alleged offense.
- Texas Code of Criminal Procedure Article 21.01: Defines an indictment as a written statement by a grand jury accusing a person of an offense.
- Texas Code of Criminal Procedure Article 21.20: Requires indictments to be brought “in the name and by authority of The State of Texas."
Even if there is a victim, the case is prosecuted by the State of Texas against the accused (defendant).
Example scenario:
A person reports an assault, and the police investigate the incident. If the State brings charges, the case is captioned State of Texas v. Defendant.
Plaintiff vs. the State in a Texas Criminal Case
In criminal cases, the person who is hurt is usually called the victim or the complaining witness, not the plaintiff. And the government is the one who prosecutes the case on behalf of the public.
The prosecutor (typically a district attorney or county attorney, depending on the charge, or a city attorney in municipal court) brings the case on behalf of the State of Texas.
Prosecutors represent the State of Texas, not private individuals, and are charged with seeing that justice is done. (Tex. Code Crim. Proc. art. 2.01)
Even if the victim wants to drop the case, the prosecutor may still proceed if there is sufficient evidence. However, a lack of cooperation from the victim can make the case more difficult to prove.
Frequently Asked Questions
Is there a plaintiff in a criminal case?
There is no plaintiff in a Texas criminal case in the traditional sense. Instead, the State of Texas prosecutes the case on behalf of the public, which is why prosecutors are sometimes referred to as "the State."
What is the difference between a plaintiff and a defendant?
A plaintiff is the party who initiates a lawsuit, usually in a civil case. A defendant is the person or party accused of wrongdoing and required to respond to the claim.
Can a victim drop a criminal case in Texas?
No. A victim cannot dismiss a criminal case. Only the State may formally request dismissal of a criminal case, and the court must approve it. (Tex. Code Crim. Proc. art. 32.02)
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. If it fails to meet that burden, the defendant must be found not guilty.
About Michael & Associates
Michael & Associates is a Texas-based criminal defense firm with offices across Texas, as well as in Nashville, Tennessee, and Los Angeles, California. Our criminal defense lawyers defend clients facing a wide range of criminal charges, including assault, robbery, domestic violence, DWI, drug offenses, theft, and many other criminal cases.
Contact us today to schedule a free case review.
Legal disclaimer: This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship.
Sources:
- Texas Code of Criminal Procedure art. 32.02
- Texas Code of Criminal Procedure art. 38.03
- Texas Code of Criminal Procedure art. 2.01
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.
