What Are the Different Types of Procedural Defenses In Texas?

What Are the Different Types of Procedural Defenses In Texas?
Aug 03, 2022 |

If you were arrested for a criminal offense, your lawyer will likely have more than one potential defense strategy. Which they use is dependent upon the facts of your case. A common type of defense is called a procedural defense, which actually doesn’t argue your innocence. Instead, it focuses on getting evidence that would be useful to the prosecution dismissed or thrown out on the basis of procedural errors. Below, read more about this type of defense and browse examples.

Defining Procedural Defense Tactics

If any officials in your case have compromised your constitutional rights during the collection of evidence against you, your criminal defense attorney may be able to use procedural defenses to have this evidence struck from the record. This makes the prosecution’s case against you weaker because they will not be able to bring erroneously-collected evidence into court for the judge presiding over your case.


Often, attorneys will use this defense strategy when there’s not enough quality evidence that supports the innocence of the defendant, because procedural defenses do not require innocence to be proven to be successful. Here are some common procedural defenses your lawyer might be able to use in your case:

  • Tainted evidence
  • Witness intimidation or coercion
  • Police officer entrapment
  • Misconduct by the prosecuting attorneys
  • The defendant did not have access to what would reasonably be considered a speedy trial

What Makes For the Strongest Possible Defense?

The most effective strategy for lodging a procedural defense in a criminal case is hiring an attorney right away. Not only will any delay likely seriously compromise your defense, but having one on board early in the process typically discourages prosecutors and law enforcement officials from engaging in unethical conduct to begin with.

In the event that procedural errors do occur, your lawyer will be ready to file a motion for the evidence to be dismissed from the court record. Arguing procedural defenses without a lawyer is next to impossible and even if you could pull it off without a law degree, the odds of winning without having hired an attorney are astronomical.

Segura & Kiatta Criminal Defense is a veteran Sugarland, TX law firm that can provide you with zealous, comprehensive legal representation regardless of what kind of crime you were accused of committing. Dial our office now to book your consultation at 281.570.6400.

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