Texas Criminal Procedure and Evidence

Question 1

District Courts have jurisdiction over what crimes?

Answer 1

Felonies, lesser included misdemeanor offenses, misdemeanors involving official conduct, transferred county court prosecutions for misdemeanors punishable by jail time.

Question 2

County Courts have jurisdiction over what crimes?

Answer 2

Misdemeanors over which exclusive jurisdiction is not given to justice courts (most misdemeanors).

Question 3

Municipal Courts have jurisdiction over what crimes?

Answer 3

Exclusive jurisdiction: offenses created by city ordinances and punishable by only a fine
Concurrent jurisdiction: offenses created by state law and punishable by only a fine

Question 4

Justice Courts have jurisdiction over what crimes?

Answer 4

Offenses punishable by only a fine(traffic court).

Question 5

What is a magistrate?

Answer 5

Any judge (including justices of the peace and municipal court judges)

Question 6

What is a writ of Habeas Corpus? To whom is it directed? What remedy does a writ seek? By whom may it be granted?

Answer 6

Writ of Habeas Corpus is a court order commanding someone with a person in custody to produce said person before the court and show why the person is being held. The writ may be granted by the Court of Criminal Appeals, the District Courts, the County Courts or a Judge of any of these courts.

Question 7

When must an accused be taken before a magistrate?

Answer 7

Without any delay, but in any case within 48 hours of arrest.

Question 8

What are the duties of the magistrate when an accused is brought before him/her for the first time? (4)

Answer 8

(1) tell the accused the charges against him
(2) tell the accused of his rights to: retain counsel and a preliminary examination
(3) warn the accused that in regard to police questioning: he may remain silent, statements will be used against him, he has a right to have an attorney present during questioning, he can request an appointed attorney, and he can terminate questioning at any time.
(4) set bail

Question 9

If 48 hours have passed and no magistrate has determined that probable cause exists against the accused, what are the accused rights?

Answer 9

Bond must be set at no more than $10,000 and a personal bond if necessary to assure release.

Question 10

Release on bail required if no probable cause determined by a magistrate after _____ hours of arrest on a misdemeanor without warrant?

Answer 10

24 hours

Question 11

Magistrate can delay release for not more than how many hours?

Answer 11

No more than 72 hours

Question 12

Denial of bail is possible in which two types of cases?

Answer 12

(1) Capital murder prosecutions

(2) certain prosecutions for felonies

Question 13

How must a prosecutor going about getting bail denied?

Answer 13

File a motion for denial of bail in district court. Order denying bail must issue within 7 days of the defendant’s apprehension.

Question 14

Who can deny bail in a noncapital prosecution?

Answer 14

Only a District Judge

Question 15

When can bail be denied in a noncapital case? (5 instances)

Answer 15

A. Current charge is a felony
B. Substantial evidence of D’s guilt of that crime
(1) Two prior felonies
(2) Substantial evidence of D’s guilt
(3) Both:
i. one prior felony
ii. present offense involves use of a deadly weapon
(4) present offense was a violent or sexual offense committed while on felony probation or parole

OR

 (5) While on bail for a felony charge, D violates a condition of bail related to the safety of the victim or the community

Question 16

Can the order setting bail be appealed?

Answer 16

Yes. Immediate appeal to the Court of Criminal Appeals.

Question 17

How long can bail be denied on a noncapital felony?

Answer 17

60 days. Then it is vacated and bail must be set. If Defense continuances can drag the 60 days out.

Question 18

If the magistrate denies a bail reduction, what can the D attorney do next?

Answer 18

File an application for writ of habeas corpus in district court. At hearing, introduce evidence showing: bail was excessive, D cannot meet bail, amount he can meet.

Question 19

If the bail hearing in district court fails, what can D attorney do next?

Answer 19

Appeal to Court of Criminal Appeals

Question 20

What are factors to be considered in setting bail?

Answer 20

[LASSO]
L: Likelihood of D appearing for trial
A: Ability of Defendant to make bail
S: Seriousness of the crime charged
S: Safety of the victim and of the community
O: Oppression, bail must not be an instrument of.

Question 21

What is a bail bond?

Answer 21

Requires a surety or cash deposit

Question 22

What is a personal bond?

Answer 22

Requires neither kind of security

Question 23

Can conditions be set on bond?

Answer 23

Yes, if they are reasonably related to the crime or safety of the victim or community

Question 24

A jailed Defendant must be released (either on personal bond or reduced bond) if the State is not ready for trial within how many days on a felony, Class A misdemeanor, Class B misdemeanor, Class C misdemeanor?

Answer 24

Felony: 90 days
Class A: 30 days
Class B: 15 days
Class C: 5 days

Question 25

Examining trials can be held by what judges?

Answer 25

Any magistrate

Question 26

What is the purpose of examining trials?

Answer 26

To require the State to produce evidence showing probable cause to believe the Defendant is guilty of the crime

Question 27

What rights do Defendant’s have in preliminary hearings? (5 rights)

Answer 27

Right to be present, represented by counsel, have the rules of evidence applied, cross-examine State witnesses, and subpoena and present defense witnesses.

Question 28

Can a Defendant make a statement at a preliminary hearing?

Answer 28

Yes, but it must be done before any other witnesses.

Question 29

A Defendant is entitled to an examining trial if:

Answer 29

Defendant is charged with a felony crime and an indictment has not been returned yet.