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The Texas Bill of Rights

Being charged with a crime in a Texas court is a daunting situation, but you should take pride in the fact that the State of Texas protects your civil rights at a higher level than the U.S. Constitution requires and you have more rights than many other states in our country. Great examples are the requirements of 38.22 and 38.23 of the Texas Code of Criminal Procedure. 38.22 requires that Miranda rights be in writing or recorded; federal law does not require this. 38.23 has broader restrictions on unlawful searches than the 4th Amendment requires.

Texas requires that any fact related to sentencing must be proven beyond a reasonable doubt to be considered as an enhancement and the rules of evidence apply to punishment hearings. In federal court, “relevant conduct” allows hearsay that does not rise to proof beyond a reasonable doubt level can substantiate harsh sentences. Texas also requires that accomplice testimony or “snitches” be corroborated by other reliable evidence. The federal system has no such requirement!

Texans enjoy the right to have a jury assess punishment instead of a judge. Texas has stricter laws prohibiting expunged arrests from being published online. Other states only require publication of the fact that the case is expunged but the mugshot remains! Texans have more rights than most other Americans and therefore are some of the freest people on Earth.

This isn’t surprising. Texas has a long history of loving freedom. That is why our Texas founders put the Texas Bill of Rights right at the beginning, in Article I, of the Texas Constitution. It is not a list of amendments like the U.S. Bill of Rights. Also of note, our Texas Bill of Rights actually includes the right to vote. Be proud Texans!

Client Testimonials

“The best Lawyer in Texas and the best attorney for domestic violence cases. I met with 4 to 5 different lawyers and I selected Brian Charles Corrigan. His customer service is excellent. I never had to worry about remembering anything like my dates he always kept me informed. He picked up his phone...


“Brian is the BOMB… after making one bad decision I made an EXCELLENT decision of hiring Brian to represent me. He had all the charges dropped even before the 1st Court Hearing by working with the DA. Additionally he got me an Early Expunction. I met Brian in May 2013 for my case and all the charges...


“10++ stars. This is the most knowledgeable assertive attorney in criminal defense. He is worth his weight in gold!! He took care of my situation quickly and kept me informed the entire time. He is a attorney that truly cares about his clients and that is hard to find. I highly recommend this...


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