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In a criminal courtroom, “presumptions” act as logical bridges. They allow a jury to conclude that if Fact A is true, Fact B is also likely true. However, to protect the rights of the accused, the Texas legal system strictly regulates how these bridges are built and crossed.
At Beltz Law Group, we believe that a well-informed client is a better-prepared defendant. Understanding Texas Penal Code Section 2.05 is essential to understanding how evidence—and the inferences drawn from it—will be handled during your trial.
What is a Presumption?
A presumption is a legal rule that requires or allows a jury to assume a certain fact is true based on the proof of another fact. For example, in certain theft cases, the law may allow a jury to presume that a person intended to steal if they took specific actions.
However, in Texas, presumptions are rarely “automatic” or “mandatory” against a defendant. They are carefully managed by the judge through jury instructions.
How Presumptions Operate: Texas Penal Code Section 2.05
Section 2.05 of the Texas Penal Code outlines the rigorous process judges must follow. The law distinguishes between presumptions used against a defendant and those that work in favor of the defendant.
1. Presumptions Against the Defendant (Sec. 2.05(a))
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When the law establishes a presumption against you, it does not mean you are automatically guilty. The judge must give the jury very specific instructions to ensure the State still carries its burden:
- The Foundation Must Be Proven: The jury must find that the facts giving rise to the presumption (Fact A) are proven beyond a reasonable doubt.
- The Jury Isn’t Forced to Agree: Even if the underlying facts are proven, the jury may find the presumed fact exists, but they are not bound to do so.
- No Free Pass for the State: Even if the jury uses the presumption, the state still has to prove every other element of the crime beyond a reasonable doubt.
- Failure of the Bridge: If the jury has any reasonable doubt about the starting facts, the presumption fails entirely and cannot be considered.
2. Presumptions Favoring the Defendant (Sec. 2.05(b))
The law also creates presumptions that protect you. When a presumption exists in favor of the defendant, the rules shift to place even more pressure on the prosecution:
- Mandatory Protection: The presumption applies unless the state proves beyond a reasonable doubt that the facts giving rise to the presumption do not exist.
- The “Must” Rule: If the state fails to disprove the foundation of a favorable presumption, the jury must find that the presumed fact exists.
- Benefit of the Doubt: If the jury has a reasonable doubt about whether the presumed fact exists, the law requires them to assume it does exist in favor of the defendant.
The Role of the Court
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Section 2.05 is a set of instructions for the judge. It ensures that no presumption—no matter how common—overrides your constitutional right to a fair trial. The court must be satisfied that the evidence supports the presumption before ever mentioning it to the jury.
If the evidence as a whole “clearly precludes” the presumed fact, the judge should not submit it to the jury at all.
Why This Matters for Your Defense
Presumptions can be dangerous because they allow a jury to make leaps in logic. Without an experienced attorney to challenge the “facts giving rise to the presumption,” a jury might reach a conclusion that isn’t supported by the full picture.
At Beltz Law Group, we scrutinize the prosecution’s evidence to ensure that no improper presumptions are used to bypass the State’s burden of proof. We fight to ensure that if a presumption exists in your favor, it is utilized to its fullest extent to protect your liberty.
