500-07 Filing Proper Charges Flashcards
ARRESTS MADE IN HARRIS COUNTY
An assistant district attorney shall also be consulted before the simultaneous filing of both county and municipal charges against one suspect if these charges are_____.
This consultation eliminates the possibility of a case being dismissed because of noncompliance with the _____ or because of violations of legal restraints against placing a defendant in _____.
1) based on the same set of circumstances or the same criminal action
2) Speedy Trial Act
3) double jeopardy
ARRESTS MADE IN HARRIS COUNTY
Before filing charges with the Harris County District Attorney’s Office, the officer filing the charges shall speak with an assistant district attorney to ensure that the charges will be accepted.
During the consultation, the officer shall provide…
These probable cause details shall be included in the charges filed via the District Attorney Intake Management System (DIMS).
the elements of the offense, sufficient details to show that probable cause existed to arrest the person, and evidence that the person being charged did in fact commit the offense.
Rejection of Charges by Assistant District Attorneys
If an officer tries to file charges through the Harris County District Attorney’s Intake Office and the charges are rejected, the officer shall include all of the following information in the original or supplemental incident report:
a. _____ the officer spoke with the assistant district attorney about filing charges in the case.
b. ____of the assistant district attorney who rejected the charges.
c. _____ by the assistant district attorney for rejecting the charges.
a. Time and date the officer spoke with the assistant district attorney about filing charges in the case.
b. Name of the assistant district attorney who rejected the charges.
c. Reasons given by the assistant district attorney for rejecting the charges.
Rejection of Charges by Assistant District Attorneys
If the officer feels that the appropriate charge was not accepted by an assistant district attorney, then the officer shall notify a supervisor. If the supervisor finds mishandling on the part of the officer, the supervisor shall…
instruct the officer on policy and proper procedures to avert recurrences.
Filing Charges on Prisoners for Class “B” or Greater Offenses
Officers shall ensure that all elements of the offense and sufficient details are included in the charge filed via the DIMS or Juvenile Offender Tracking System (JOTS). Details of the offense need to show that probable cause existed to arrest the person and that there was…
It is imperative that there is a _____ in the charge details, given that this may be the only information available to the assistant district attorney when the defendant is arraigned before a magistrate during a probable cause hearing. The officer filing charges shall document the exact time of arrest.
1) evidence to prove that the person being charged did in fact commit the offense.
2) compelling probable cause statement
Filing Charges on Prisoners for Class “B” or Greater Offenses
When officers are required to file Class B or greater charges on suspects, the officer shall do all of the following:
a. Complete a _____ on the prisoner.
b. Complete the required _____ and related paperwork. Officers shall refer to General Orders 500-08, Required Booking Information and Procedures and 800-07, Criteria for Submitting Incident Reports, for further information.
c. Enter charges in DIMS or JOTS, as applicable. Officers shall not delay entering the charge documents in order to wait for a _____.
a. Complete a General Person’s Inquiry on the prisoner.
b. Complete the required incident or supplement report and related paperwork. Officers shall refer to General Orders 500-08, Required Booking Information and Procedures and 800-07, Criteria for Submitting Incident Reports, for further information.
c. Enter charges in DIMS or JOTS, as applicable. Officers shall not delay entering the charge documents in order to wait for a fingerprint identification number.
RESISTING ARREST, SEARCH, OR TRANSPORTATION: EVADING ARREST OR
DETENTION: AND INTERFERENCE WITH PUBLIC DUTIES
Officers shall use their training and experience in evaluating the totality of the circumstances when assessing whether charges should be pursued. If an event warrants an officer making an arrest of a person for Resisting Arrest, Search, or Transportation; Evading Arrest or Detention; or Interference with Public Duties, the arresting officer shall immediately notify a supervisor of the arrest and request his presence at the scene.
A supervisor shall check by on all scenes involving any of the above incidents. Once at the scene, the supervisor shall do all of the following:
a. Observe the _____, if possible.
b. Ensure the suspect receives _____
c. Speak with all officers at the scene and _____ with them.
d. Review all the facts with the arresting officer and discuss with the arresting officer the _____.
a. Observe the suspect’s physical condition, if possible.
b. Ensure the suspect receives medical attention if injured.
c. Speak with all officers at the scene and review the facts with them.
d. Review all the facts with the arresting officer and discuss with the arresting officer the range of charges that may be applicable.
RESISTING ARREST, SEARCH, OR TRANSPORTATION: EVADING ARREST OR
DETENTION: AND INTERFERENCE WITH PUBLIC DUTIES
If the incident occurs in Harris County, then after the supervisor has completed the above requirements, the officer shall contact the District Attorney’s Office to determine if criminal charges will be accepted. After the officer speaks with the District Attorney’s Office, the officer shall immediately…
notify the scene supervisor of the assistant district attorney’s decision.
RESISTING ARREST, SEARCH, OR TRANSPORTATION: EVADING ARREST OR
DETENTION: AND INTERFERENCE WITH PUBLIC DUTIES
If the incident occurs in Fort Bend or Montgomery county, then officers shall follow the procedures outlined under the appropriate section of this General Order.
In addition to the above listed requirements, the supervisor shall do all of the following:
e. Take and_____related to the incident.
f. Review the _____ to ascertain that sufficient details of the incident are documented to support the arrest charge.
g. Ensure any _____is properly documented.
The officer shall also document in the incident report the name of the supervisor that checked by on the scene and reviewed the facts with the officer.
e. Take and maintain accurate field notes related to the incident.
f. Review the officer’s incident report to ascertain that sufficient details of the incident are documented to support the arrest charge.
g. Ensure any response to resistance is properly documented.
DRIVING WHILE LICENSE INVALID (DWLI)
Texas driver license suspensions shall be verified through the department’s _____
A license is considered invalid if it is confirmed to be…
A DWLI first offense is a Class C misdemeanor.
DWLI becomes a Class B misdemeanor if the person has a previous conviction for DWLI or the person’s driver license was previously suspended as the result of an offense involving the operation of a motor vehicle while intoxicated.
1) Vehicular Crimes Division.
2) suspended, revoked, cancelled, non-renewed, or expired.
USE OF RETAIL VALUE
The value of items in theft cases shall be determined by the _____ of the stolen goods.
retail value
ARRESTS MADE INSIDE THE CITY LIMITS OF HOUSTON IN FORT BEND COUNTY
Adults arrested inside the city limits of Houston in Fort Bend County shall be _____to be given their legal warnings. All property and evidence shall be tagged properly according to Houston Police Department policy.
Original incident reports and supplements shall be submitted to the concerned division of the Houston Police Department.
An arrest packet including a copy of the incident report, suspect criminal history, and the Warrant Information Sheet shall be _____.
The Fort Bend County District Attorney Warrant Information Sheet and arrest packet information are accessible via the HPD Intranet Portal under Documents in General > Departmental Forms > Intake and must be completed by the arresting officer.
After regular business hours, the arrest packet shall be delivered to Fort Bend County Intake by the Southwest Division liaison.
1) taken before a magistrate in Fort Bend County
2) forwarded to the commander of the Southwest Division
ARRESTS MADE INSIDE THE CITY LIMITS OF HOUSTON IN FORT BEND COUNTY
Filing Charges on Prisoners for Class “B” or Greater Offenses
Adults arrested in Fort Bend County for felony or Class A or B misdemeanors shall be transported to the Fort Bend County Jail. Officers shall file charges at the Fort Bend County District Attorney’s Intake Division. A copy of the incident report shall be…
delivered to Fort Bend County Intake.
ARRESTS MADE INSIDE THE CITY LIMITS OF HOUSTON IN FORT BEND COUNTY
DWI Arrests
When an adult is arrested for DWI in Fort Bend County, the arresting officer shall take the prisoner to the Fort Bend County Jail for an intoxilyzer and video test. The officer shall contact the HPD dispatcher who shall notify the Fort Bend County Sheriff’s Office to have an _____ meet the arresting officer at the Fort Bend County Jail facility.
The video shall be submitted to the Fort Bend County District Attorney’s Intake Division with copies of all necessary paperwork. A copy of the paperwork shall also be delivered to the _____
If the arrest occurs after normal business hours, the officer shall deliver the original paperwork and video to the _____. The Southwest Division liaison shall submit the paperwork and video to the Fort Bend County District Attorney’s Intake Division during normal business hours.
1) on-duty intoxilyzer operator
2) HPD Vehicular Crimes Division.
3) desk sergeant at the Southwest Division
ARRESTS MADE INSIDE THE CITY LIMITS OF HOUSTON IN FORT BEND COUNTY
Juvenile Arrests
Juveniles who are arrested in Fort Bend County shall be transported to the Fort Bend County Juvenile Detention Center. When juveniles are going to be interrogated as suspects, they shall be…
Officers shall not leave the Fort Bend County Juvenile Probation Department until they have _____.
The juvenile arrest packet with the juvenile warrant information sheet including a copy of the incident report must be left with juvenile probation personnel and a copy must be delivered to the Fort Bend County District Attorney’s Juvenile Intake Division.
Officers shall contact the HPD Juvenile Division and forward a copy of the incident report to them. Juveniles arrested in Fort Bend County shall not be taken to Harris County.
1) taken before a magistrate in Fort Bend County for their legal warnings.
2) obtained the juvenile’s fingerprints and fingerprint identification number and completed the Juvenile CJIS form
