Texas Statutes
§ 38.38 — EVIDENCE RELATING TO RETAINING ATTORNEY.
Texas § 38.38
JurisdictionTexas
Code CRCode of Criminal Procedure
This text of Texas § 38.38 (EVIDENCE RELATING TO RETAINING ATTORNEY.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Tex. Code of Criminal Procedure Code Ann. § 38.38 (2026).
Text
Art. 38.38. EVIDENCE RELATING TO RETAINING ATTORNEY. Evidence that a person has contacted or retained an attorney is not admissible on the issue of whether the person committed a criminal offense. In a criminal case, neither the judge nor the attorney representing the state may comment on the fact that the defendant has contacted or retained an attorney in the case.
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Legislative History
Added by Acts 1995, 74th Leg., ch. 318, Sec. 49, eff. Sept. 1, 1995.
Nearby Sections
15
§ 38.03
PRESUMPTION OF INNOCENCE.§ 38.04
JURY ARE JUDGES OF FACTS.§ 38.073
TESTIMONY OF INMATE WITNESSES.§ 38.08
DEFENDANT MAY TESTIFY.§ 38.101
COMMUNICATIONS BY DRUG ABUSERS.Cite This Page — Counsel Stack
Bluebook (online)
Texas § 38.38, Counsel Stack Legal Research, https://law.counselstack.com/statute/tx/CR/38.38.