Criminal Law Flashcards
Name the three steps of criminal cases
Pre-trial
Trial
Post-trial
Why is a person arrested?
because they brake the law, they are accused of a crime
Who can be arrested?
anyonbe who is 17 years of age or older
How are the crimes classified in Texas?
misdemeanors and
felonies
Mention the three types of misdemeanors
Class C, Class B and Class A
Where are class C misdemeanors tried?
in municipal and JP courts
What can be considered Class C misdemeanors?
traffic violation, driving with an open container.
In class C misdemeanor what can get you arrested?
if you don’t sign a ticket, if you forget to fill in o if you dont show to court.
In Class C misdemeanor what is the fine?
up to $500
Where are class B misdemeanors tried?
in County Criminal Courts at Law
How many County Criminal Courts at Law are there in Harris county?
15
What kind of punishment is for Class B misdemeanor?
it ranges from probation up to 6 months in a county jail.
Class……………….and …….mesdemeanors are always arrested
B and A
Where are Class A misdemeanors tried?
in County Criminal Courts at Law
What kind of punishment does Class A misdemeanor gets?
from probation up to 1 year in a county jail.
Where are felony cases tried?
in Criminal District Courts
Mention kinds of felonies
State Jail Felony Third Degree Felony Second Degree Felony First Degree Felony Capital Murder
The……………………..felony is for possession of Controled Substances less tha 1 gram and for Prostitution
State Jail Felony
What is the punishment for State Jail Felony?
from probation or 6 months up to 2 years in a State Jail Facility
The…………………is the felony of intoxication Assault, 3rd DWI and 2nd Assult Family Violence
Third degree Felony
…………………..punishment ranges from probation or 2 to 10 years in prison
Third degree Felony
Aggravated Assault and deadly wapons or by threat are…………………………
Second degree felonies
———————-punishments range from probation or 2 to 20 years in prison
Secon Degree felonies
…………………….are murder, aggravated Robbery, aggravated Sexula Assaul
First degree felonies
————————-punishment ranges from probat or 5 to 99 years or life in prison
First degree felonies
As of……………………………………a jury is no longer able to recommend probation for murder, indecency with a child by contact, aggrabated sexual assult.
September 1, 2007
……………………..is the highest degree of felony
Capital Murder
Killing a police officer in the line of duty, murder while in course of commiting another felony or killing more tan one individual in the same criminal transaction is considered……………
Criminal murder
life in prison without parol or death is the punishment for…………………….
Capital Murder
What happens after you are arrested?
taken to jail
magistrate reads defendant his warnings
bond is set
What happens in pre-trial?
the person is arrested taken to jail has an initial court appearance disposition of a criminal case dismissal plea and trial
What happens in trial?
there are motions and
the trial itself
mention the types of motions
Discovery motion
Brady motion
Motion to Suppress Evidence
How are motions in Harris County?
open file policy
……………………….is a method by which you attempt to keep evidence out of trial that harms the defendant
Motion to Suppress Evidence
How many jurors are there in Felony trials?
12
How many jurors are there in Misdemeanor trials?
6
What is Writ of Habeas Corpus for?
for newly discovered evidence
Mention the methods for post-trial appeal
Direct appeal and
Writ of Habeas Corpus
How old do you have to be in Juvenile court?
at least 10 years of age but no older tan 16 years of age
What does habeas corpus mean?
newly discoverd evidence
Who goes to juvenile court?
a person who commited a criminal offense and is at lest 10 years of age but no older tan 16
a…………………..may also be issued for a juvenile.
directive to apprehend
mention some procedures for getting juvenile realised from detention
- hearing before a magistrate or district court judge or Master in District Court
- consider some key factors like will s/he run away, does s/he have appropiate supervisin.
- May be placed on Pre-Adjudication Supervision
a juvenile in court is called a……………
repondent
Trial in juvenial court is called…………..
adjudication hearing
Juveniles are not found “guilty” or “not guilty”; they are found to have ……………………………..or found ……………
to engage in delinquent conduct
not to have engaged in deliquent conduct
In juvenile instead of a punishment phase of trial, there is a……………………..after the adjudication hearing
disposition phase
there are ……………….judges for felony cases and………………for misdemeanors
12
6
What does TYC stands for?
Texas Youth Commision
A juvenile can spend…………………for Capital felony, first degree felony or aggravated controlled sustance felony…………………for second degree felony and………………..for third degree felony
40 years
20 years
10 years
In order to transfer a juvenile case to adult criminal court, a……………………………….is held
certification hearing
A juvenile must be at least……….and have committed a ……………..,…… ,………………. or……………..in order to for a case to be eligeble for certification
14 years old
capital felony
first degree murder
aggravated control substance felony
