Crim

Question 1

What are the requirements of an arrest warrant?

Answer 1

An arrest warrant must:

1) Be made in the name of “The State of Texas;”
2) Name the person whose arrest is ordered, or, if his name is not known, describe him;
3) State that the person is accused of some offense against the laws of Texas and must name the offense; and
4) Be signed by the magistrate.

Question 2

Within what time period must a person who has been arrested be brought before a magistrate?

Answer 2

A person who has been arrested must be taken before a magistrate no later than 48 hours after the arrest. This may be accomplished through closed circuit video.

Question 3

If a private citizen’s acquisition of evidence would be illegal if done by a police officer, does the Texas exclusionary rule apply to such evidence?

Answer 3

Yes, this rule applies even when the private citizen is not acting at the behest of the police.

Question 4

May a combination search and arrest warrant be issued?

Answer 4

Yes, a single warrant may order both the arrest of a person and the search and seizure of identified items.

Question 5

What is a complaint and what crimes may be prosecuted by filing a complaint in a municipal or justice court?

Answer 5

A complaint is a written affidavit brought by any individual alleging a criminal act. A criminal offense punishable by a maximum fine of $500 (i.e., a Class C misdemeanor) is initiated by filing a complaint with a municipal or justice court.

Question 6

What is an information and what crimes may be prosecuted by filing an information a county court?

Answer 6

An information is a written statement brought by the state charging the defendant with a criminal act. It must be accompanied by an affidavit. Class A and B misdemeanors are initiated by filing an information in a county court.

Question 7

What is an indictment and what crimes may be prosecuted by filing an indictment in a district court?

Answer 7

An indictment is a written statement of the grand jury alleging a criminal act. It is required for the prosecution of any felony. It may be waived by the defendant for a noncapital felony, in which case the felony may be prosecuted by the filing of an information.

Question 8

How is a defective indictment challenged?

Answer 8

The defendant must file a motion to quash. The motion must:

(i) be in writing,
(ii) be filed before the trial begins, and
(iii) specify the claimed defect.

Question 9

Who has the power to impanel a grand jury?

Answer 9

A district court judge.

Question 10

What are the two bases for challenging the array from which a grand jury is selected?

Answer 10

1) An improper method was used to select the array; or

2) The official who summons the prospective jurors acted corruptly in doing so.

Question 11

How many individuals serve on a grand jury?

Answer 11

Once at least 16 prospective grand jurors are qualified, the court selects and impanels 12 to serve as grand jurors and four to serve as alternates.

Question 12

Who may be present in a grand jury room while the grand jury is conducting proceedings?

Answer 12

1) Grand jurors;
2) Bailiffs;
3) The prosecutor;
4) Witnesses, while being examined;
5) Interpreters, if necessary; and
6) A stenographer or person operating an electronic recording device

Question 13

What must the grand jury tell the accused or a suspect about the alleged offense before questioning?

Answer 13

The grand jury must advise him

(1) of the offense of which he is suspected or accused,
(2) the county where the offense is said to have been committed,
(3) and the time of commission of the offense.

Question 14

What six warnings must be given to the accused or a suspect who is subpoenaed by the grand jury to testify?

Answer 14

The following warnings must be given:

1) The fact that his testimony is under oath;
2) The risk of an aggravated perjury prosecution if he falsely answers a material question;
3) The right to refuse to answer any incriminating questions;
4) The right to have a lawyer present outside the chamber for advice before answering any questions;
5) The fact that any testimony could be used against him in a subsequent proceeding; and
6) The right to an appointed attorney in the case of indigence.

Question 15

When may an accused or a suspect address the grand jury?

Answer 15

An accused or a suspect may address the grand jury with the consent of the prosecutor, but has no explicit right to do so.

Question 16

Can a defendant challenge an indictment based on the nature or sufficiency of the evidence considered by the grand jury?

Answer 16

No

Question 17

How many grand jurors must agree to indict (“a true bill”)?

Answer 17

At least nine.

Question 18

If a grand jury issues a no-bill, how long must the prosecutor wait to seek an indictment of the same person on the same evidence?

Answer 18

There is no time limitation. A prosecutor may seek a “re-indictment” at any time.

Question 19

Who may participate in grand jury deliberations as to whether there is probable cause to indict?

Answer 19

Only members of the grand jury. While the grand jury may request advice from the prosecutor about any matter of law, and may ask the prosecutor any question about the proper discharge of its duties, the prosecutor may not be present when the grand jury is deliberating.

Question 20

Who may question a grand jury witness?

Answer 20

Only the prosecutor or a member of the grand jury.

Question 21

Do the rules of evidence apply to grand jury proceedings?

Answer 21

In general, no. The grand jury may hear hearsay evidence as well as illegally obtained evidence, but a witness is allowed to assert an evidentiary privilege.