Code of Criminal Procedure (CCP)
Terms in this set (123)
Define the jurisdiction of the Court of Criminal Appeals:
-Final Appellate jurisdiction
-By judicial discretion
Define the jurisdiction of the Court of Appeals:
Appellate jurisdiction EXCEPT death penalty
Define the jurisdiction of the District Court:
Original - felony & misdemeanors involving official misconduct
Define the jurisdiction of the County Court:
Original - Misdemeanor involving confinement & fines greater than $500
Appellate from Justice and other inferior courts
Define the jurisdiction of the Municipal Court:
Original - Misdemeanor NOT involving confinement and covering fines up to $500
City Ordinances ($2,000 fire safety, zoning, public health & sanitation)
Define the jurisdiction of the Justice of the Peace:
Original - Misdemeanor NOT involving confinement and fines up to $500
What is the CCP?
The law that governs law enforcement. It outlines two primary authority figures. Peace Officers and Magistrates
When did the CCP take effect?
January 1, 1966
List the 6 objects of the CCP:
1. To adopt measures for preventing the commission of a crime.
2. To exclude the offender from all hope of escape
3. To ensure a trial with as little delay as is consistent with the ends of justice.
4. To bring to the investigation of each offense on the trail all the evidence tending to produce conviction or acquittal
5. To ensure a fair and impartial trial
6. The certain execution of the sentence of the law when declared.
CCP 1.05 - RIGHTS OF ACCUSED
In all criminal prosecutions, the accused SHALL have a speedy public trial by an impartial jury. He SHALL have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He SHALL NOT be compelled to give evidence against himself. He SHALL have the right of being heard by himself, or counsel, or both; SHALL be confronted with the witnesses against him, and SHALL have compulsory process for obtaining witnesses in his favor. No person SHALL be held to answer for a felony unless on indictment of a grand jury.
CCP 1.06 - SEARCHES & SEIZURES
The people SHALL be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches. No warrant to search any place or to seize any person or thing SHALL issue without describing them as near as may be, nor without probable cause supported by oath or affirmation.
CCP 1.07 - RIGHT TO BAIL
All prisoners SHALL be bailable unless for capital offenses when the proof is evident. This provision SHALL not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.
CCP 1.08 - HABEAS CORPUS
The writ of habeas corpus is a writ of right and SHALL never be suspended.
CCP 1.09 - CRUELTY FORBIDDEN
Excessive bail SHALL not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.
CCP 1.10 - JEOPARDY
No person for the same offense SHALL be twice put in jeopardy of life or liberty; nor SHALL a person be again put upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction.
According to CCP 1.13, WAIVER OF TRIAL BY JURY, when can a defendant NOT choose to have his jury trial waived?
During a capital felony case in which the prosecution is seeking the death penalty.
CCP 1.18 - OUTLAWRY & TRANSPORTATION
No citizen SHALL be outlawed, nor SHALL any person be transported out of the State for any offense committed within the same.
According to CCP 1.21, PRIVILEGE OF LEGISLATORS, what are the three offenses for which a Senator and Representative CAN be arrested for?
Breach of the Peace
According to CCP 1.21, PRIVILEGE OF LEGISLATORS, how long does this privilege apply to Senators and Representatives?
One day for every twenty miles said member resides from the place at which the Legislature is convened.
List 8 different peace officers (CCP 2.12)
Reserve Deputies who hold a permanent peach officer license
Reserve Deputy Constables who hold a permanent peach officer license
Marshals of an incorporated city, town, or village
Police officers of an incorporated city, town, or village
Who appoints Railroad Peace Officers (CCP 2.121)?
The director of the Department of Public Safety
How many Railroad Peace Officers (CCP 2.121) may be appointed for each company?
Up to 250
Railroad Peace Officers (CCP 2.121) may make arrests and exercise all authorities given to Peace Officers except what?
They may not issue a traffic citation.
Special Investigators (CCP 2.122) SHALL NOT be deemed to be what?
What offenses are Special Investigators (CCP 2.122( limited to in their scope of arrest?
List 5 Special Investigators (CCP 2.122)
Special Agents of the Federal Bureau of Investigation
Special Agents of the Secret Service
Special Agents of the United States Immigration and Customs Service
Special Agents of Alcohol, Tobacco and Firearms
Special Agents of Federal Drug Enforcement Agency
What is an Adjunct Police Officer (CCP 2.123)?
An adjunct police officer is a peace officer that is employed by a private institution of higher education that lies outside of the corporate limits of a municipality.
Who appoints Adjunct Police Officers (CCP 2.123)?
The chief of police of a municipality or the sheriff of the county
How many Adjunct Police Officers (CCP 2.123) may be appointed ?
Up to 50
Adjunct Police Officers (CCP 2.123) may be appointed as long as the county's population is under what population?
Describe the jurisdiction of Adjunct Police Officers (CCP 2.123)
The geographical area SHALL not extend further than a distance of one mile from the perimeter of the campus of the private institution; and is inhabited primarily by students or employees of the private institution.
Under what circumstances may a commissioned peace officer from an adjoining state assume the same powers, duties, and immunities as a peace officer of this state (CCP 2.124)?
(1) during a time in which:
(A) the peace officer from the adjoining state has physical custody of an inmate or criminal defendant and is transporting the inmate or defendant from a county in the adjoining state that is on the border between the two states to a hospital or other medical facility in a county in this state that is on the border between the two states; or
(B) the peace officer has physical custody of the inmate or defendant and is returning the inmate or defendant from the hospital or facility to the county in the adjoining state; and
(2) to the extent necessary to:
(A) maintain physical custody of the inmate or defendant while transporting the inmate or defendant; or
(B) regain physical custody of the inmate or defendant if the inmate or defendant escapes while being transported.
(3) A peace officer described by this subsection may also as part of the officer's powers in this state enforce the ordinances of a Texas municipality described by this subsection but only after the governing body of the municipality authorizes that enforcement by majority vote at an open meeting
Who appoints the Special Rangers of Texas & Southwest Cattle Raisers Association (CCP 2.125)?
The director of the Department of Public Safety
How many Special Rangers of Texas & Southwest Cattle Raisers Association (CCP 2.125) may be appointed?
Up to 50
What is the investigative purview of the Special Rangers of Texas & Southwest Cattle Raisers Association (CCP 2.125)?
Offenses involving livestock or related property
What specific violation may Special Rangers of Texas & Southwest Cattle Raisers Association (CCP 2.125) not cite?
CCP 2.13 - DUTIES OF PEACE OFFICERS
(a) It is the duty of every peace officer to preserve the peace within the officer's jurisdiction. To affect this purpose, the officer SHALL use all lawful means.
(b) The officer SHALL:
(1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime;
(2) execute all lawful process issued to the officer by any magistrate or court;
(3) give notice to some magistrate of all offenses committed within the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and
(4) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.
(c) It is the duty of every officer to take possession of a child under Article 63.009(g) (A child identified as "missing)
According to CCP 2.16 - NEGLECTING TO EXECUTE PROCESS, what is the fine for contempt?
Not less than $10 nor more than $200, at the discretion of the court.
CCP 2.17 - CONSERVATOR OF THE PEACE
Each sheriff SHALL be a conservator of the peace in his county, and SHALL arrest all offenders against the laws of the State, in his view or hearing, and take them before the proper court for examination or trial. He SHALL quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies. He SHALL apprehend and commit to jail all offenders, until an examination or trial can be had.
CCP 2.18 - CUSTODY OF PRISONERS
When a prisoner is committed to jail by warrant from a magistrate or court, he SHALL be placed in jail by the sheriff. It is a violation of duty on the part of any sheriff to permit a defendant so committed to remain out of jail, except that he MAY, when a defendant is committed for want of bail, or when he arrests in a bailable case, give the person arrested a reasonable time to procure bail; but he SHALL so guard the accused as to prevent escape.
According to CCP 2.20 - DEPUTY, what duties of a sheriff may be performed by a deputy?
Wherever a duty is imposed by this Code upon the sheriff, the same duty may lawfully be per¬formed by his deputy
According to CCP 2.28 - DUTIES REGARDING MISUSED IDENTITY, what 2 actions SHALL local law enforcement undertake?
1) Notify the person who's identity was misused that their identifying information was misused by another person arrested in the county
2) Notify the Department of Public Safety regarding the misuse of the identifying information.
According to CCP 3.05 - RACIAL PROFILING, an action must be what before it can be considered Racial Profiling?
According to CCP 3.05 - RACIAL PROFILING, the injustice is based on an individual's _________, ___________, or __________ rather than on the individual's behavior.
race, ethnicity, national origin
According to CCP 2.136 - LIABILITY, a peace officer is ______________ for damages arising from an act relating to the collection or reporting of information as required by the Racial Profiling statues.
According to CCP 2.1385 - CIVIL PENALTY, if the chief administrator of a local law enforcement agency INTENTIONALLY fails to submit the incident-based data as required by the Racial Profiling statue, the agency is liable for ________ for each violation.
CCP 5.01 - LEGISLATIVE STATEMENT
In ANY law enforcement, prosecutorial, or judicial response to allegations of family violence, the responding law enforcement or judicial officers SHALL protect the victim, without regard to the relationship between the alleged offender and victim.
Define FAMILY VIOLENCE as described in this chapter
An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault
Define FAMILY as described in this chapter
Includes individuals related by consanguinity (blood) or affinity (marriage), individuals who are former spouses of each other, individ¬uals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together
Define HOUSEHOLD as described in this chapter
A unit composed of persons living together in the same dwelling, without regard to whether they are related to each other
Define MEMBER OF HOUSEHOLD as described in this chapter
Includes a person who previously lived in a household
Define DATING VIOLENCE as described in this chapter
An act by an individual that is against another individual with whom that person has or has had a dating relationship and is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the individual in fear of imminent physical harm, bodily injury, assault, or sexual assault
A "dating relationship" is determined by consideration of what 3 elements?
(1) the length of the relationship;
(2) the nature of the relationship; and
(3) the frequency and type of interaction between the persons involved in the relationship.
According to CCP 5.04 - DUTIES OF PEACE OFFICERS, what are the primary duties of a peace officer responding to an allegation of Family Violence?
- Protect any potential victim of family violence
- Enforce the law of this state
- Enforce a protective order from another jurisdiction
- Make lawful arrests of violators
- Advise any possible adult victim of all reasonable means to prevent further family violence.
Explain the tenants of standby assistance in family violences cases as identified in CCP 5.45 - STANDBY ASSISTANCE; LIABILITY
An officer MAY stay with a victim of family violence to protect the victim and allow the victim to take the personal property of the victim or of a child in the care of the victim to a place of safety in an orderly manner.
An officer that chooses to do so is not civilly liable for an act or omission of the officer arising from that provision of assistance, nor are they civilly or criminally liable for the wrongful appropriation of any personal property by the victim.
According to CCP 5.05 - REPORTS & RECORDS, what 5 facts/notes SHALL be included in the report for a response to family violence?
(1) the names of the suspect and complainant;
(2) the date, time, and location of the incident;
(3) any visible or reported injuries;
(4) a description of the incident and a statement of its disposition; and
5) whether the suspect is a member of the state military forces or is serving in the armed forces of the United States in an active-duty status.
According to CCP 6.06 - PEACE OFFICER TO PREVENT INJURY, what are the requirements of a peace officer who views a person about to commit an offense against the person or property of another?
It is his duty to prevent it; and, for this purpose the peace officer may summon any number of the citizens of his county to his aid. The peace officer must use the amount of force necessary to prevent the commission of the offense, and no greater.
How many people are required to constitute a riot?
7 or more
Under what classification of offense may any person, without warrant, arrest an offender when the offense is committed in his/her presence?
Under what classification of offense may a peace officer, without warrant, arrest an offender when the offense is committed in his/her presence?
Identify the 6 occasions in which a peace officer may arrest an offender, without warrant, for a misdemeanor that occurred outside of his/her view:
(1) Persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person.
(2) Persons who the peace officer has probable cause to believe have committed a violation of Protective Order.
(3) Persons who the peace officer has probable cause to believe have committed an offense involving family violence
(4) Persons who the peace officer has probable cause to believe have prevented or interfered with an individual's ability to place a telephone call in an emergency
(5) a person who makes a statement to the peace officer that establishes probable cause to believe that the person has committed a felony
(6) Prevention of theft as long as there is reasonable ground to believe the property is stolen.
What is the one offense in which a peace officer SHALL make an arrest?
A violation of a Protective Order.
According to CCP 14.031 - PUBLIC INTOXICATION, when may a peace officer release an individual ?
When the officer believes that detention in a penal facility is unnecessary for the protection of the individual and others AND the individual is released to the care of an adult who agrees to assume responsibility for the individual.
According to CCP 14.05 - RIGHTS OF OFFICER, an officer making an arrest without warrant MAY NOT enter a residence to make the arrest unless:
(1) A person who resides in the residence consents to the entry
(2) Exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.
According to CCP 14.06 - MUST TAKE OFFENDER BEFORE MAGISTRATE, what is the maximum amount of time that can elapse before an arrested person SHALL be taken before a magistrate?
According to CCP 15.01 - WARRANT OF ARREST, what is the definition of said warrant?
A written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.
This does not allow for a search of property
According to CCP 15.02 - REQUISITES OF WARRANT, what are the 4 substantial requisites of a warrant?
(1) It is issued in the name of the "State of Texas"
(2) It MUST specify the name of the person whose arrest is ordered
(3) It MUST state that the person is accused of some offense, and name the offense
(4) It MUST be signed by the magistrate.
According to CCP 15.06 - WARRANT EXTENDS TO EVERY PART OF THE STATE, who may issue statewide warrants?
A warrant of arrest, issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall extend to any part of the State
What are the 3 documents incorporated within a Search Warrant?
A Complaint is from a(n)___________, to a(n) ________________, and identifies _____________________.
Officer; Magistrate; someone named "x" or described as "y" who committed crime "z".
A Warrant identifies:
Person, place or thing to be searched and/or seized with thorough description.
Commands any peace officer of that county to search the above for a person, place, or thing.
The Return Identifies:
The inventory of the property taken into possession under the warrant.
This inventory is to include thorough description including serial # make/model of the item.
According to CCP 15.22, WHEN A PERSON IS ARRESTED, what are the requirements of arrest? Is there a gray area?
A person is arrested when he has been actually placed under restraint.
*Is detainment an arrest then? Be ready to articulate.
According to CCP 15.25 - MAY BREAK DOOR, what requirements need to be met before you can break down a door?
- You must be on a felony arrest
- You must have been refused admittance after giving notice of authority and purpose
According to CCP 15.26 - AUTHORITY TO ARREST MUST BE MADE KNOWN, does a warrant have to be present to be executed?
In executing a warrant of arrest, it SHALL always be made known to the accused under what authority the arrest is made. The warrant SHALL be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of the arrest, but upon request he SHALL show the warrant to the defendant as soon as possible.
According to CCP 18.01 - SEARCH WARRANT, what is the definition and protocol for said warrant? Is there any unique element provided for under the definition?
A "search warrant" is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order.
According to CCP 18.011- SEALING OF AFFIDAVIT, an attorney representing the state in the prosecution of felonies may request a DISTRICT JUDGE, or the judge of an APPELLATE COURT to seal an affidavit if:
(1) public disclosure of the affidavit would jeopardize the safety of a victim, witness, or confidential informant or cause the destruction of evidence; or
(2) the affidavit contains information obtained from a court-ordered wiretap that has not expired at the time the attorney representing the state requests the sealing of the affidavit.
According to CCP 18.021 - ISSUANCE OF SEARCH WARRANT TO PHOTOGRAPH CHILD, what is the protocol for enforcing a search warrant as identified?
A search warrant may be issued to search for and photograph a child who is alleged to be the victim of the offenses of injury to a child identified as: sexual assault of a child, aggravated sexual assault of a child, or continuous sexual abuse of young child.
The officer executing the warrant may be accompanied by a photographer who is employed by a law enforcement agency and who acts under the direction of the officer executing the warrant. The photographer is entitled to access to the child in the same manner as the officer executing the warrant.
A warrant under this section SHALL be executed by a peace officer of the same sex as the alleged victim, or, MUST be assisted by a person of the same sex as the alleged victim.
According to CCP 18.04 - CONTENTS OF WARRANT, what are the 4 requisites of a search warrant?
(1) that it run in the name of "The State of Texas";
(2) that it identify, as near as may be, that which is to be seized and name or describe, as near as may be, the person, place, or thing to be searched;
(3) that it command any peace officer of the proper county to search forthwith the person, place, or thing named; and
(4) that it be dated and signed by the magistrate.
According to CCP 18.06 - EXECUTION OF WARRANTS, what is the time frame in which one can execute a search warrant?
3 days from the time of its issuance.
According to CCP 18.07 - DAYS ALLOWED FOR WARRANT TO RUN, how many days are allowed if the warrant is issued solely to search for and seize specimens for DNA analysis?
15 days from the time of its issuance.
According to CCP 18.07 - DAYS ALLOWED FOR WARRANT TO RUN, how many days are allowed if the warrant is issued solely for wire taps?
10 days from the time of its issuance.
According to CCP 18.09 - SHALL SEIZE ACCUSED & PROPERTY, what are the mandates of an officer executing a search warrant?
When the property which the officer is directed to search for and seize is found he SHALL take possession of the same and carry it before the magistrate. He SHALL also arrest any person whom he is directed to arrest by the warrant and immediately take such person before the magistrate.
Define "Contraband" as identified in CCP 59.01:
Property of any nature, including real, personal, tangible, or intangible, that is used in the commission of any first or second degree felony. Also applies to the proceeds gained from the commission of said felonies
There are numerous other considerations for contraband as applied to specific penal code.
According to CCP 59.03 - SEIZURE OF CONTRABAND, Seizure of property subject to forfeiture may be made without warrant if:
(1) the owner, operator, or agent in charge of the property knowingly consents;
(2) the seizure is incident to a search to which the owner, operator, or agent in charge of the property knowingly consents;
(3) the property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding under this chapter; or
(4) the seizure was incident to a lawful arrest, lawful search, or lawful search incident to arrest.
According to CCP 4.01 - WHAT COURTS HAVE CRIMINAL JURISDICTION, the following courts have jurisdiction in criminal actions:
1. The Court of Criminal Appeals;
2. Courts of appeals;
3. The district courts;
4. The criminal district courts;
5. The magistrates appointed by the judges of the district courts of Bexar County, Dallas County, Tarrant County, or Travis County that give preference to criminal cases and the magistrates appoint¬ed by the judges of the criminal district courts of Dallas County or Tarrant County;
6. The county courts;
7. All county courts at law with criminal jurisdiction;
8. County criminal courts;
9. Justice courts;
10. Municipal courts; and
11. The magistrates appointed by the judges of the district courts of Lubbock County.
List 7 examples of a magistrate:
1. The Justices of the Supreme Court
2. The judges of the Court of Criminal Appeals
3. The judges of the Courts of Appeals
4. The judges of the District Court
5. The County Judges
6. The Judges of the County Criminal Courts
7. Mayors of incorporated cities/towns.
According to CCP 2.11 - EXAMINING COURT, what is the purpose of said court?
When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court.
"Bail" is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond.
According to CCP 17.15 - RULES FOR FIXING AMOUNT OF BAIL, what are the 5 rules for establishing bail amounts?
1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
2. The power to require bail is not to be so used as to make it an instrument of oppression.
3. The nature of the offense and the circumstances under which it was committed are to be considered.
4. The ability to make bail is to be regarded, and proof may be taken upon this point.
5. The future safety of a victim of the alleged offense and the community shall be considered.
According to CCP 17.153 - DENIAL OF BAIL FOR VIOLATION OF CONDITION OF BOND WHERE CHILD ALLEGED VICTIM, bail may be revoked when a defendant violates that bond related to the safety of the victim of these 5 offenses:
1. Sexual Offenses
2. Prohibited Sexual Conduct
3. Sexual Performance by a Child
4. Trafficking of Persons (if the trafficker's victim is a a child with the intent they would engage in sexual conduct)
5. Compelling Prostitution
According to CCP 17.292 - MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION, what 5 people may request an emergency protection order?
1. The magistrate presiding over the case
2. The victim of the offense
3. The guardian of the victim
4. A peace officer
5. The attorney representing the state.
The affidavit made before the magistrate or district or county attorney is called a "complaint" if it charges the commission of an offense.
Identify the 4 requisites of a complaint:
1. It must state the name of the accused, if known, and if not known, must give some reasonably definite description of him.
2. It must show that the accused has committed some offense against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has committed such offense.
3. It must state the time and place of the commission of the offense, as definitely as can be done by the affiant.
4. It must be signed by the affiant by writing his name or affixing his mark.
An order signed by the proper magistrate directing a sheriff to receive and place in jail the person so committed
Identify the 6 requisites of a commitment:
(1) That it run in the name of "The State of Texas";
(2) That it be addressed to the sheriff of the county to the jail of which the defendant is committed;
(3) That it state in plain language the offense for which the defendant is committed, and give his name, if it be known, or if unknown, contain an accurate description of the defendant;
(4) That it state to what court and at what time the defendant is to be held to answer;
(5) When the prisoner is sent out of the county where the prosecution arose, the warrant of commitment shall state that there is no safe jail in the proper county; and
(6) If bail has been granted, the amount of bail shall be stated in the warrant of commitment.
The written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense.
A written statement filed and presented in behalf of the State by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted.
A writ that is:
(1) issued by a judge of the court having jurisdiction of a case after commitment or bail and before trial, or by a clerk at the direction of the judge; AND
(2) directed "To any peace officer of the State of Texas", commanding the officer to arrest a person accused of an offense and bring the arrested person before that court immediately or on a day or at a term stated in the writ.
Identify the 5 requisites of capias:
(1) That it run in the name of "The State of Texas";
(2) That it name the person whose arrest is ordered, or if unknown, describe him;
(3) That it specify the offense of which the defendant is accused, and it appear thereby that he is accused of some offense against the penal laws of the State;
(4) That it name the court to which and the time when it is returnable; and
(5) That it be dated and attested officially by the authority issuing the same.
According to CCP 24.01 - ISSUANCE OF SUBPOENAS, what are the functions of the subpoena?
A subpoena may summon one or more persons to appear:
(1) before a court to testify in a criminal action at a specified term of the court or on a specified day; or
(2) on a specified day:
(A) before an examining court;
(B) at a coroner's inquest;
(C) before a grand jury;
(D) at a habeas corpus hearing; or
(E) in any other proceeding in which the person's testimony may be required in accordance with this code.
A subpoena is served by what 4 methods?
(1) reading the subpoena in the hearing of the witness;
(2) delivering a copy of the subpoena to the witness;
(3) electronically transmitting a copy of the subpoena, acknowledgment of receipt requested, to the last known electronic address of the witness; or
(4) mailing a copy of the subpoena by certified mail
Under what 2 conditions may a subpoena not be served by certified mail?
(1) the applicant for the subpoena requests in writing that the subpoena not be served by that method; or
(2) the proceeding for which the witness is being subpoenaed is set to begin within seven business days after the date the subpoena would be mailed
What is the fine imposed on a witness who refuses to obey a subpoena in a felony case?
A fine not exceeding $500
What is the fine imposed on a witness who refuses to obey a subpoena in a misdemeanor case?
A fine not exceeding $100
Define an "attachment"
A writ issued by a clerk of a court under seal, or by any magistrate, or by the foreman of a grand jury, in any criminal action or proceeding authorized by law, commanding some peace officer to take the body of a witness and bring him before such court, magistrate or grand jury on a day named, or forthwith, to testify in behalf of the State or of the defendant, as the case may be. It shall be dated and signed officially by the officer issuing it.
According to CCP 7A.01 - APPLICATION FOR PROTECTIVE ORDER, who may file for a protective order?
1. A person who is a victim of Continuous Sexual Abuse of Young Child or Children, Indecency with a Child, Sexual Assault, Aggravated Sexual Assault, or Stalking.
2. A person who is the victim of Trafficking of Persons, Continuous Trafficking of Persons, or Compelling Prostitution.
3. A parent or guardian acting on behalf of a person younger than 17 years of age who is the victim of the crimes identified in .
4. A parent or guardian acting on behalf of a person younger than 17 years of age who is the victim of the crimes identified in 2.
5. A prosecuting attorney acting on behalf of a person described in 1 & 2.
Where may an application for a protective order be filed?
(1) a district court, juvenile court having the jurisdiction of a district court, statutory county court, or constitutional county court in:
(A) the county in which the applicant resides;
(B) the county in which the alleged offender resides; or
(C) any county in which an element of the alleged offense occurred; or
(2) any court with jurisdiction over a protective order under Title 4, Family Code, involving the same parties named in the application.
According to CCP 7A.07 - DURATION OF PROTECTIVE ORDER, how long may a protective order be issued?
A protective order may be effective for the duration of the lives of the offender and victim or for any shorter period stated in the order. If a period is not stated in the order, the order is effective until the second anniversary of the date the order was issued.
Who may file an application with the court to rescind a protective order?
The victim of the offense for which the protective order was issued who is 17 years of age or older or a parent or guardian acting on behalf of a victim who is younger than 17 years of age.
What are the felonies for which there is no statute of limitations?
Murder and Manslaughter
Sexual Assault or Aggravated Sexual Assault on a Child
Indecency with a Child
An offense involving leaving the scene of an accident, if the accident resulted in the death of a person
Trafficking or Continuing Trafficking of Children for the purpose of sex
Compelling Prostitution of a child
What are the felonies for which there is a 10 year statute of limitations from the date of the offense?
Theft of estate by the executor, administrator, or guardian.
Theft by public servant of government property.
Injury to an elderly or disabled individual
Sexual Assaults not covered by the offenses listed under "no statute of limitations".
Trafficking of persons not considered children
Compelling Prostitution of persons not considered children
What are the felonies for which there is a 7 year statute of limitations from the date of the offense?
Misapplication of fiduciary property
Securing execution of a document by deception
A felony violation under the Tax Code regarding fuel tax.
Giving a false statement to obtain property or credit
Credit card or debit card abuse
Fraudulent use or possession of identifying information
What are the felonies for which there is a 5 year statute of limitations from the date of the offense?
Theft or robbery
Kidnapping or burglary of a person not considered a child
Injury to an elderly or disabled individual that is not classified as a 1st degree felony
Abandoning or endangering a child
Unless stated otherwise, what is the standard statute of limitation for felony?
What is the statute of limitation for misdemeanor offenses?
A post mortem examination of the body of a person, including X-rays and an examination of the internal organs and structures after dissection, to determine the cause of death or the nature of any pathological changes that may have contributed to the death.
An investigation into the cause and circumstances of the death of a person, and a determination, made with or without a formal court hearing, as to whether the death was caused by an unlawful act or omission.
Define "inquest hearing"
A formal court hearing held to determine whether the death of a person was caused by an unlawful act or omission and, if the death was caused by an unlawful act or omission, to obtain evidence to form the basis of a criminal prosecution.
In deaths requiring an inquest, who shall conduct it?
The justice of the peace.
Define "Appellate Jurisdiction"
The power of a court to review and reverse a lower court's decision.
Define "Original Jurisdiction"
A court's power to hear and decide a matter before any other court can review the matter.
Define "Subpoena Duces Tecum"
If a witness have in his possession any instrument of writing or other thing desired as evidence, the subpoena may specify such evidence and direct that the witness bring the same with him and produce it in court.
YOU MIGHT ALSO LIKE...
Series 7 Top-Off Exam Preparation | Knopman Marks Guide
Texas Code of Criminal Procedure (CCP)
Code of Criminal Procedure
Code of Criminal Procedure Study
OTHER SETS BY THIS CREATOR
Victims of Crime/Family Violence
Family Code & Juvenile Issues
THIS SET IS OFTEN IN FOLDERS WITH...
US & TX Consitution
Penal Code (Review specific)
Mechanics of Arrest