Magistrate Hearing, Right to Counsel, Venue, Jurisdiction Flashcards
When must an Art 15.17 Hearing (Magistration) be held?
Must be held within 48 hours
What is the purpose of an Art 15.17 Hearing (Magistration)?
1) advise the defendant of his rights
2) Make preliminary decision on Bail
3) Appoint Counsel
What is the impact of a warrantless arrest on an Art 15.17 Hearing?
Defendant also gets Probable Cause hearing.
When must counsel be appointed for an indigent defendant?
1) all felonies
2) Misdemeanors where State seeks more than a fine.
What services must the state provide under a defendant’s right to counsel?
Interpreter, transcript, use of experts
When must court appointed counsel contact the defendant?
No later than the first working day after appointment
Arnie was arrested by Deputy Jones in Fort Bend County, Texas, Arnie committed the crime in Brazoria County, TX. Arnie resides in Harris County, Texas. The Victim resides in Galveston County, Texas. In what county or counties is venue proper for prosecution of Arnie for impersonating a public servant? Explain you answer.
Venue is proper in the county where the offense was committed (Brazoria County), the county where the defendant resides (Harris County), or where the defendant was apprehended (Fort Bend County). The
Which party has the burden to prove venue is proper or improper, and what standard of proof must be satisfied to meet he burden?
The state has the burden to prove venue is proper. To meet the burden the state must prove by a preponderance of the evidence that the county is the proper venue. To challenge venue, the defendant has the burden to show that there is so great a prejudice against him that he cannot receive a fair trial.
Which of the following courts, if any have jurisdiction over Arnies felony offense of impersonating a public servant: (a) district court; (b) a county court; or (c) a municipal court? Explain your answer.
The district court has jurisdiction over all felony cases. County courts and municipal courts do not have jurisdiction over felony cases. Thus, only the district court has jurisdiction over Arnie’s felony offense.
