Procedures Before Trial

Question 1

To what does the two-year statue of limitations apply?

Answer 1

The length of time that a warrant is legally effective
The length of time that a complaint can be filed from the date of offense
The length of time the court has to file a warrant on a case

Question 2

When is a complaint required to be filed?

Answer 2

When a defendant pleas not guilty and does not waive the right to a complaint

Question 3

Nolo Contendere is a Latin term, meaning:

Answer 3

I do not wish to contest

Question 4

What is a jurat?

Answer 4

The certificate of the person administering the oath to the person swearing to an affidavit

Question 5

All city ordinance complaints must conclude with the following wording:

Answer 5

Against the peace and dignity of the State

Question 6

When a defendant pleads guilty or nolo contendere, what else must the defendant give the court?

Answer 6

A written waiver of jury trial

Question 7

If a judge determines that a defendant does not have sufficient resources, the judge shall, if appropriate:

Answer 7

Order payments in installments
Order community service
Order tutoring

Question 8

What is not considered a court appearance?

Answer 8

Payment of fine by delivery to the court by a spouse

Question 9

What is a scire facias docket?

Answer 9

A special docket for bond forfeitures

Question 10

What is an example of a writ?

Answer 10

Capias pro fine
Summons
Capias

Question 11

How can a summons be served?

Answer 11

By a clerk faxing it
By a clerk personally delivering it
By a peace officer personally delivering it

Question 12

Who is responsible for determining whether to file failure to appear charges or to enhance charges?

Answer 12

The prosecutor

Question 13

True/False
If a municipal court does not have a complaint or citation filed, the court may not accept a plea of guilty from the defendant.

Answer 13

True

Question 14

True/False

The court seal is required to be placed on all court documents.

Answer 14

True

Question 15

True/False

The offense of public intoxication must be initiated by sworn complaint, not by citation.

Answer 15

True

Question 16

True/False
The court can use a copy of the citation to serve as the complaint as long as the court’s copy and the defendant’s copy are legible, and the defendant signs a waiver of the formal charging instrument.

Answer 16

True

Question 17

True/False
When a citation is filed in a case that is going to trial and then a sworn complaint is filed, the sworn complaint is a new case and has a different docket number.

Answer 17

False

Question 18

True/False
A judgement of conviction and a judgement of dismissal must both be entered in the docket only after the judge signs the judgement.

Answer 18

True

Question 19

True/False
If a defendant mails the wrong amount of fine and costs to the court, the clerk must, before giving the case to the judge, contact the defendant and try to get the money owed.

Answer 19

False

Question 20

True/False

Probable cause is not always required before a judge issues a warrant of arrest.

Answer 20

False

Question 21

True/False

Municipal court clerks may issue a warrant, capias or a summons.

Answer 21

False

Question 22

True/False

When a bond forfeiture is declared by the court, the court is required to issue a capias for the defendant’s arrest.

Answer 22

True

Question 23

True/False

When a defendant fails to respond to a summons, failure to appear charges may be filed against the defendant.

Answer 23

False

Question 24

True/False

When a defendant is convicted at trial, the court must use the cash bond to pay the fine and costs.

Answer 24

False

Question 25

True/False
If a defendant signs a conditional plea of nolo contendere and a written waiver of jury trial when posting a cash bond, the court may forfeit the bond to pay the fine and court costs if the defendant fails to appear.

Answer 25

True

Question 26

True/False
Section 6.03 of the Texas Penal Code defines culpable mental states as intentionally, knowingly, recklessly, or accidentally.

Answer 26

False

Question 27

True/False
A defendant waives and forfeits the right to object to defect, error, irregularity in form, or substance of the complaint if the defendant does not object before the commencement of a trial on the merits.

Answer 27

True

Question 28

True/False

A judge may permit a defendant who is detained in jail to enter a plea of guilty, nolo contendere, or not guilty.

Answer 28

True

Question 29

True/False
The governing body of a municipality may, by ordinance, provide authority for a judge of a municipal court of record to issue a seizure warrant for the purposes of securing, removing, or demolishing property that is a nuisance or removing debris from property.

Answer 29

True