Due process is the constitutional requirement that the government follow fair procedures before depriving a person of life, liberty, or property. In criminal cases, it protects defendants against arbitrary government action and fundamentally unfair procedures.
The protection comes from more than one source. The Fifth Amendment contains a Due Process Clause that applies to the federal government, while the Fourteenth Amendment applies due process requirements to state governments, including Texas.
Texas also has its own “due course of law” protection. Article I, Section 19 of the Texas Constitution states that no citizen may be deprived of life, liberty, property, privileges, or immunities except by due course of law.
Article 1.04 of the Texas Code of Criminal Procedure contains a similar protection for Texas criminal proceedings. In practice, that means defendants in Texas criminal cases may be protected by both federal and state constitutional guarantees.
What Is the Difference Between Procedural and Substantive Due Process?
Due process can be procedural or substantive.
Procedural due process is about how the government acts. It asks whether fair procedures were used, including whether a person received adequate notice and a meaningful opportunity to respond before the government deprived them of a protected liberty or property interest.
Substantive due process focuses on whether certain government action is constitutionally permissible regardless of the procedures used. It protects certain fundamental liberty interests against government interference.
Many due process disputes that arise during criminal proceedings concern procedure. The exact process required depends on the stage of the case and what is at stake.
What Rights Does Due Process Protect in a Texas Criminal Case?
Due process does not stand alone. It works alongside other constitutional rights and protections that apply in Texas criminal cases.
Those protections may include:
- Adequate notice of the charges
- A fair and impartial proceeding
- A meaningful opportunity to respond to the accusations
- The right to counsel
- The right to confront witnesses
- The right against compelled self-incrimination
- The right to compulsory process to obtain favorable witnesses
- The right to a speedy and public trial
Some of these rights come directly from other constitutional provisions, including the Fifth and Sixth Amendments, and apply in state criminal cases through the Fourteenth Amendment.
Notice and a meaningful opportunity to be heard are central procedural due process principles.
What Does “Notice and an Opportunity to Be Heard” Mean?
At its most basic, due process requires the government to give a person adequate notice of what is happening and a meaningful opportunity to respond when constitutionally protected interests are at stake.
Due process does not require the same procedures at every stage of a criminal case. A bail decision, probation revocation proceeding, and felony trial involve different rules. The central question is whether the process provided is constitutionally sufficient for the proceeding involved.
In a Texas criminal case, notice often begins with the charging document. Depending on the type of case, that may be a complaint, information, or indictment. Texas law requires criminal charges to provide sufficient notice of the particular offense so the accused can understand the accusation and prepare a defense.
The opportunity to be heard also depends on the stage of the proceedings. When applicable, a defendant may have the opportunity to present evidence, challenge witnesses, make legal arguments, or otherwise respond before a judge or jury. A lack of constitutionally required notice or a meaningful opportunity to respond may provide grounds for a legal challenge.
What Happens If Your Due Process Rights Are Violated?
A due process or other constitutional violation does not automatically end a criminal case. The available remedy depends on the right involved, what happened, when the issue is raised, and whether the violation affected the proceeding.
Possible remedies may include:
- Suppression of evidence: In some circumstances, unlawfully obtained evidence or statements may be excluded from use in court.
- Dismissal of charges: Certain violations, such as a constitutional speedy trial violation, can require dismissal. Other defects may be handled differently depending on the law and procedural posture.
- A new trial or reversal: Some prejudicial constitutional errors may support reversal of a conviction or a new trial, subject to applicable appellate standards.
- Review of bail: Texas law requires individualized consideration when bail is set. A defendant may be able to challenge an improper bail decision or seek different conditions through the procedures allowed by law.
These are examples rather than automatic outcomes. Constitutional claims are highly dependent on the particular facts and the right involved.
How Does Due Process Affect Bail in Texas?
Texas law requires magistrates to make individualized bail decisions based on the circumstances of the case and the factors required by law. Depending on the offense and the circumstances, a magistrate may grant a personal bond, set a cash or surety bond with conditions, or deny bail when the Texas Constitution and other applicable law permit it.
Due process concerns can arise when a bail decision is made without the procedures or individualized consideration required by law. The proper remedy depends on the nature of the problem and the type of review available in the case.
Call Cofer Luster Criminal Defense Lawyers for a Confidential Consultation With a Fort Worth Criminal Defense Lawyer Today
Questions about due process often come up when someone believes the government did not follow the rules required in a criminal proceeding. The answer depends on the stage of the case, the right involved, and what actually happened.
Cofer Luster Criminal Defense Lawyers represents people facing criminal charges in Fort Worth, Tarrant County, and throughout Texas. If you have questions about notice, bail, evidence, or another constitutional issue, contact the firm at (682) 777-3336 to schedule a confidential consultation with a Fort Worth criminal defense attorney.
