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Texas code of criminal procedure

Terms in this set (71)

indictment (noun)
A written statement of a grand jury accusing a person of an offense
Information
A written statement filed on behalf of the state by district attorney or county attorney charging a defendant with an offense
Attachment
A writ from a clerk of court, a magistrate, or a foreman of a grand jury to a peace officer to bring a witness before the court immediately or on a specified date.
affidavit (noun)
A written sworn statement of fact made under oath by an affiant
Probable cause
Reasonable grounds to suspect that a person has committed or is committing a crime or that a place contain specific items connected with a crime
Search warrant
A written order from the magistrate to a piece officer to command them to search for any property or thing and sees it and bring it to a magistrate. Or to search for and photograph a child and bring the undeveloped film to a magistrate.
Capias
A writ that is from a judge to a piece officer to command them to arrest a person accused of an offense and bring them before the court.
Contraband
Property that is real, personal, tangible, or intangible that is used or intended to be used in commission of a crime and is subject to seizure in forfeiture
Commitment
And order from a magistrate to a sheriff of the county jail to which the person is to be committed to order the sheriff to receive and place in jail that person
What elements must a commitment have?
1) "In The name of the state of Texas"
2) The person to whom it is addressed
3) The location of the court and the time at which the person is to appear
4) plainly stated in understandable language the offense with which the person was charged
5) if bail is granted, the amount of the bail
Complaint
And affidavit maybe for a magistrate or district attorney or county attorney from a peace officer addressed to the magistrate, district attorney, we're county attorney that states the name of the accused or a description of the accused, shows that the accused has committed some offense, State the time and place of the commission of the offense, and is signed by the affiant.
Warrant of arrest
A written order from a magistrate to a peace officer to command them to take the person accused of a defense to be dealt with as determined by the law.
What must a warrant of arrest contain?
1) it must be issued in the name of the state of Texas
2) it must specify the name or a very clear description of the person wanted
3) it must specify the offense
4) it must be signed by the magistrate and include his office
Who has the right to a trial by jury?
Everyone
Who has the right to an attorney?
Anyone who is accused of a crime that is punishable by confinement (class B misdemeanor and higher)
Who has the right to Bail?
Everyone except those accused of a capital felony
Who has the right to a writ of habeas corpus?
Everyone
What is the purpose of the code of criminal procedure?
To prevent crime and indicate that the offender has no hope of escape, to ensure a trial that is fair and impartial without delay, to bring evidence before the court, and to execute the sentence
When can you person be held to answer for a felony when can you person be held to answer for a felony?
Only after indictment by a grand jury
What is the purpose of habeas corpus?
To prove that a person is being held justly
Who is a conservator of the peace?
Justices of the Supreme Court, justices of the criminal court of appeals, justice of the Court of Appeals, judges of district courts
Name the duties of a peace officer outlined in article 2.13 of the code of criminal procedure
To preserve peace within the jurisdiction, to interfere without warrant to prevent or suppress crime, to execute orders from the magistrate, to give notice to a magistrate of offenses committed, to arrest without weren't as authorized by law, to take possession of a child and deliver the child to a person entitled to possession of that child
How long does an attorney have to commence proceedings after contraband is seized?
30 days
Family violence
And act by a member of the family or household against another member of the family or household intended to result in physical harm or assault or sexual assault or abuse or dating violence
In an arrest without a warrant how long does an arrestor have to bring the arrestee before a magistrate?
Without unnecessary delay or less than 48 hours
Who cannot sign a search warrant?
Justice of the peace
What is an examining court?
Especially court that looks at an offense and make sure that everything is in order
What is the punishment for refusing to obey a subpoena by a witness?
Less than or equal to $100 for a misdemeanor or less than or equal to $500 for a felony
What is the statute of limitations for murder/manslaughter, aggravated sexual assault of a child, or sexual assault of a child including continuous assault with DNA evidence or an unknown suspect
There is no limitation
What is the statute of limitations for trafficking of a child, continuous trafficking of persons at any age, sexual assault with five or more victims, or compelling prostitution with a victim younger than 18?
There is no limitation
What is the statute of limitations for sexual performance by a child?
20 years
What is the statute of limitations for aggravated kidnapping?
20 years
What is the statute of limitations for burglary if the defendant committed the offense with the intent to commit another felony?
20 years
What is the statute of limitations for theft by an administrator or theft by a public servant of property under official control in an official capacity?
10 years
What is the statute of limitations for forgery?
10 years
What is the statute of limitations for sexual assault?
10 years
What is the statute of limitations for injury to a child, elderly, or disabled that is a 1st° felony?
10 years
What is the statute of limitations for arson?
10 years
What is the statute of limitations for trafficking of persons?
10 years
What is the statute of limitations for injury to a child?
10 years
What is the statute of limitations for trafficking of a child a.k.a. forced labor?
10 years
What is the statute of limitations for bigamy involving a child?
10 years
What is the statute of limitations for compelling the prostitution of a child?
10 years
What is the statute of limitations for miss application of fiduciary funds?
Seven years
What is the statute of limitations for securing a document by deception or violation of a tax code?
Seven years
What is the statute of limitations for making a false statement to obtain property or credit?
Seven years
What is the statute of limitations for money laundering?
Seven years
What is the statute of limitations for credit or debit card abuse?
Seven years
What is the statute of limitations for fraudulent use or possession of identifying documents?
Seven years
What is the statute of limitations for bigamy not involving a child?
Seven years
What is the statute of limitations for Medicaid fraud?
Seven years
What is the statute of limitations for robbery or burglary?
Five years
What is the statute of limitations for kidnapping?
Five years
What is the statute of limitations for theft?
Five years
What is the statute of limitations for injury to a child, elderly, or disabled that is not a 1st° felony?
Five years
What is the statute of limitations for abandoning or endangering a child?
Five years
What is the statute of limitations for insurance fraud?
Five years
Which courts have criminal jurisdiction?
The Court of Criminal Appeals, Courts of Appeals, district courts or criminal district courts, magistrates appointed by the judges of district courts of Bexxar county, Dallas county, Tarrant county or Travis county, the county courts or County Court at Law with criminal jurisdiction, justice courts (original jurisdiction only in criminal cases punishable by fine only)
When would a justice court have original jurisdiction for a criminal case?
When the offenses punishable by fine only
Name the courts of the state of Texas
Supreme court, Court of Criminal Appeals, Court of Appeals, district courts, constitutional County courts, county courts at law, statutory probate courts, municipal courts, justice of the peace courts
Which types of cases would be heard by a district court?
State jail felony, 3rd° felony, second-degree felony, 1st° felony, capital felony
Which types of cases would be heard by county court?
Class B misdemeanor and class a misdemeanor
Which types of cases would be heard by a municipal court or a justice of the peace?
Class C misdemeanor
How much time can pass between an arrest and the time that the arrest a person sees a judge for arraignment?
Without unnecessary delay or less than 48 hours
What is the maximum bond that can be placed for an on view offense of a misdemeanor?
$5000
What is the maximum bond that can be set for an on view offense of a felony?
$10,000
How many days do you have to execute a search warrant?
Three days not including the date of issuance or the day the search warrant is returned
How many days do you have to execute a search warrant for DNA?
15 days not counting the date of issuance for the day the search warrant is returned
How many days do you have to execute a search warrant for an electronic communication?
10 days not counting the date of issuance or the date that the search warrant is returned
What is the difference between a restraining order and a protection order?
A restraining order is a civil matter, And a protection order is a criminal matter. A violation of a restraining order is a contempt of court. A violation of a protection order results in prison.
Is a district attorney a magistrate?
No
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