Texas Almost Always Denies the Right to an Attorney – Why That’s a Major Issue

Criminal AttorneyApril 22, 2025

If you are facing criminal charges, the first thing you want is an attorney. Not a buddy’s advice. Not Google. An actual lawyer. That is not just common sense. It is your constitutional right. But in many parts of Texas, that right is being tossed aside like it doesn’t matter.

In 2023, San Jacinto County had nearly 300 misdemeanor cases. Only nine people got a court-appointed attorney. Nine! Same deal in Shelby and Wilbarger counties. Hundreds of cases, but only a handful got lawyers. Everyone else? On their own.

‘Justice for Sale’ in Rural Texas

This is not just a local issue. It is a statewide disaster. The right to an attorney is guaranteed by the Sixth Amendment and backed by landmark cases like Gideon v. Wainwright, which stated that even poor people deserve a fair trial. Apparently, Texas didn’t get the memo.

Sora / Pexels / In the rural counties of Texas, being poor means you are likely getting steamrolled in court.

Misdemeanor charges may not seem like a big deal. But try telling that to someone who ends up with fines, jail time, or a record that tanks their job prospects – all because they didn’t have a lawyer.

Representing Yourself Is a Trap!

And let’s be real: Representing yourself in court is a joke. Courtrooms are confusing. The language is dense. Prosecutors know the system inside and out. Defendants? Most are just trying to stay out of jail and keep their jobs. That is not a fair fight. That is a setup.

Why is this happening? Money, mostly. Rural counties don’t want to spend on defense attorneys. They claim budgets are tight. But the truth is, they have built a system where people only get help if they beg for it. And even then, the help barely shows up.

Plead Guilty, Move Along

Some judges push defendants to plead guilty right away. Quick and cheap. People walk out with convictions that could have been avoided if they had legal advice. That is not justice. That is just lazy.

RDNE / Pexels / The Texas Indigent Defense Commission has raised red flags. Their own estimates show that over half of misdemeanor defendants in rural counties go unrepresented.

In cities, that number is five times lower. So, if you get arrested in Houston, you are way more likely to get an attorney than if you get arrested in Shelby County.

The state’s poorest counties are often the worst offenders. And these places are not swamped with crime. They are small, quiet towns. Yet they still refuse to do the bare minimum when it comes to public defense.

No Attorney = Harsher Punishments

Everyone deserves an attorney. That is the foundation of any real justice system. When you take that away, the whole thing collapses. And in parts of Texas, it already has.

People who can’t afford a lawyer are being punished more harshly. They are more likely to plead guilty, get jail time, and lose their jobs or homes because of a system that doesn’t care whether they understand what is happening to them.

It Is Not That Hard to Fix!

The fix is not rocket science. Fund public defense. Train local judges. Make it mandatory – not optional – to assign attorneys in every case where someone qualifies. And track the data so that counties can’t hide behind vague excuses.

If Texas keeps pretending this is not a big deal, things will only get worse. More wrongful convictions. More broken lives.