Crim-FAQ

Question 1

Requirements of an arrest warrant

Answer 1

What are the requirements of an arrest warrant?
• An arrest warrant must:
1. Be made in the name of “State of TX”
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

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 2

Yes, this rule applies even when the private citizen is not acting acting on behalf of the police

Question 3

default venue

Answer 3

any county in which the offense occurred

Question 4

SOL for felony? Misdemeanor?

Answer 4

3 years from the commission of the felony and 2 from the commission of the misdemeanor

Question 5

what is a complaint and what crimes may be prosecuted by filing a complaint in 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 can be prosecuted by filing the information in 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 Class 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

1. Be in writing
2. Be before trial begins and
3. 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

People on a GJ?

Answer 11

16 prospective are qualified and the court selects 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) Prosecutor
4) Witnesses while being examined
5) interpreters if necessary and
6) a stenographer or person operating an electronic recording device

Question 13

Who may question the GJ witness?

Answer 13

Only the prosecutor or a member of the grand jury

Question 14

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

Answer 14

• The grand jury must advise him of the offense of which he is suspected or accused, the county where the offense is said to have been committed, and the time of the offense.

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

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

Answer 16

At least 9 of the 12

Question 17

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 17

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

Question 18

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

Answer 18

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 19

Who is entitled to an examining trial?

Answer 19

An individual who has been arrested by police for a felony but who is not yet charged by indictment is entitled to an examining trial.

Question 20

What are the rights of the accused at an examining trial?

Answer 20

The rights to:

1. Be represented by counsel;
2. be present when witnesses are presented;
3. Confront and cross-examine witnesses;
4. Subpoena witnesses; and
5. Make an unsworned statement (reduced to writing and signed by the accused) before any witnesses are examined, and/or to give sworn testimony.

Question 21

In what judicial proceedings is an indigent defendant entitled to have an attorney appointed to represent her?

Answer 21

In any adversarial proceeding that may result in punishment by confinement.