CCP Flashcards

0
Q

List the types of courts in Tx:

A
Court of criminal appeals
Court of appeals
District court
County court
JP court
Municipal court
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1
Q

What is the time limit to file the case for a misdemeanor?

A

2 yrs

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2
Q

A peace officer SHALL arrest without warrant a person who violated a protective order if what?

A

Offense is committed in the presence of the peace officer

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3
Q

What is another term for warrant less arrest?

A

Instanter

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4
Q

What date did CCP take effect?

A

Jan. 1, 1965

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5
Q

What is due course of law?

A

No citizen of this state shall be deprived of life, liberty, property, privilege, or immunities, or in any manner disfranchised, except by the due course of the law of the land.

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6
Q

What are the rights of the accused?

A
Speedy/public trial/impartial jury
Notice of "nature And cause of charge"
Right not to speak/testify
Represent self/employ counsel
Confront witnesses
Subpoena/"compulsory process"
Grand jury indictment
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7
Q

When may an officer enter the home without a warrant?

A
Consent from the residence
Exigent circumstances (legit emergency)
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8
Q

Court of appeals handles?

A

Appeals from the district or county courts, does not count for cases they seek the death penalty in.

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9
Q

What is the highest court of appeals in Tx?

A

Court of criminal appeals

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10
Q

Where are misdemeanors involving a public official served?

A

District court

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11
Q

A warrant must be in the name of?

A

The state of Texas

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12
Q

A warrant must do what?

A

In the name of Tx
Specify the name of or give a reasonable definite description of the person
State what they’re accused of
Signed by a magistrate

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13
Q

A warrant extends to?

A

Any part of the state

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14
Q

How long does the sheriff have to pick up someone who was arrested on a warrant for their county?

A

11days

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15
Q

When is someone arrested?

A

When he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or an officer arresting without a warrant

16
Q

What time may an arrest be made?

A

Anytime day or night

17
Q

How much force may be used when making an arrest?

A

Reasonable means. Whatever amount of force is necessary but nothing more

18
Q

When may an officer break down a door if he is refused admittance?

A

To make a felony arrest