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Arrest Warrant Requirements
1). name of person to be arrested. if unavailable, description of person. 2) must be signed by magistrate3) offense that person is accused of TERM 2
Time person arrested must be taken to
magistrate judge
DEFINITION 2 48 hours TERM 3
Bail Fixing Rules
DEFINITION 3 1). bail high enough to ensure undertaking will be complied with2). bail should not be oppressive3). the type of offense and the circumstance under which it was committed should be considered TERM 4
Grand jury allowed to ask prosecutor for
advice
DEFINITION 4 Yes TERM 5
Two parties charged with same offense in
criminal proceeding (grand jury)
DEFINITION 5 grand jury does not have to make 2 separate indictments
Can indictment be amended to include a new
P. w/different additional defense?
no, party has to seek another grand jury indictment TERM 7
Who can assess if D. is eligible for community
supervision if D. commits aggravated felony
DEFINITION 7 Jury, not judge TERM 8
Steps for D. to have punishment assessed by
jury
DEFINITION 8 attorney must:1) file a written sworn statement with judge that shows D. was not convicted of a felony in Tx or outside of Tx2) election for jury to decide punishment has to be filed before voir dire begins TERM 9
Who decides whether D. entitled to deferred
adjudication
DEFINITION 9 Judge TERM 10
Court required to impose plea agreement
recommended by prosecutor?
DEFINITION 10 No. the plea agreement must be:1) written2) signed by the prosecutor3) presented to the court for approval
3 rights magistrate should advise D. of at
hearing
- right to retain counsel2) right to remain silent3) right to have an attorney present during questioning TERM 17
If attorney appointed to represent D.,
must
DEFINITION 17 contact the D. no later then the end of the next working day after the date the attorney was appointedif attorney fails to do this, the court can replace the attorney TERM 18
Factors that would prevent judge from
assigning bail to a D. include
DEFINITION 18
- D. had 2 prior felony convictions2) committed present offense while under bail for another felony3) D. had prior felony and committed offense with a deadly weapon TERM 19
Examining trial
DEFINITION 19 proceeding where magistrate determines whether there is probably cause to believe a D. is guilty TERM 20
Requirements for search warrant to be
sufficient under the TCCRP
DEFINITION 20
- run in the name of the state of TX2) identifies the person, place and thing to be searched3) dated and signed by the magistrate
Composition of grand jury
- 9 jurors2) all must concur for indictment3) state attorney or prosecutor drafts indictment TERM 22
Capias
DEFINITION 22 writ issued by judge to peace officer. directs officer to arrest person accused of an offense and bring the arrested person before the court TERM 23
Motion to transfer
venue
DEFINITION 23
- must be filed 7 days before a pre-trial hearing2) if motion not filed, it is waived, unless court allows motion to be filed for good cause TERM 24
If party seeks to obtain evidence from opp.
party and the atty objects, party can
DEFINITION 24 bring a motion based on good cause for a discovery order1) allege that evidence is tangible item2) material to defense3) in possession by the state, and a work product TERM 25
If plea bargain changes felony to
misdemeanor in district court, will district
court still have jurisdiction over charge
DEFINITION 25 Yes.
Complaint
Affidavit made before a magistrate, district attorney or county attorney that charges someone with an offense TERM 32
Warning magistrate must give D. before
examination
DEFINITION 32
- right to make statement about accusation brought against him2) D. does not have to make any statement3) if D. makes statement could be used against him TERM 33
Personal bond
DEFINITION 33 issued to ensure D. appears in courtif fails to appear in ct., the D. must pay amount set by ct. for failure to appear TERM 34
Bail bond
DEFINITION 34 requires adequate surety or cash deposit in the amount of the bond TERM 35
Conditions magistrate judge can impose on D.
DEFINITION 35
- magistrate can impose conditions on D.2) magistrate can direct D. not to have contact with a victim3) ct. can impose conditions on D. that are related to the accused' presence at trial and safety of his victim
What can attorney do if thinks client is insane
- attorney seeks to bring insanity defense and2) D. cannot afford to be evaluated by psychiatrist3) attorney can hire psychiatrist for the D. and be reimbursed by the D. TERM 37
Grand juror selection
DEFINITION 37
- grand jury commissioner selected by district court judges2) in the same manner that jurors are selected for trials TERM 38
Who is allowed to question grand jurors
during proceeding?
DEFINITION 38
- prosecutor and state attorney TERM 39
Plea Agreement
DEFINITION 39 If D. accepts plea agreement from prosecutor, court can decline to accept it. If this occurs, the D. can withdraw guilty plea and have jury trial TERM 40
Motion to suppress
DEFINITION 40 prevent introduction of evidence
Challenging erroneous bail denial
- habeas corpus motion petition must state that D. is illegally restrained in his liberty petition must contain a prayer for relief and be under oath TERM 47
Rights of party in grand jury
DEFINITION 47
- party does not have right to testify before grand jury can address grand jury if state attorney approves
- party cannot have counsel present at the grand jury proceedings3) only state attorney can be present at grand jury proceedings TERM 48
Rights of prosecutor - grand jury proceeding
DEFINITION 48 prosecutor cannot deliver closing statement to grand jurors in the grand juror deliberation roomprosecutor is not entitled to the names and addresses of the grand jurors for interviewing purposes. can only do this if demonstrates particularized need for the contact information. TERM 49
Solution if indictment lists charge incorrectly
or excludes something
DEFINITION 49
- party can file motion to quash2) motion to quash can be flied before the trial on the merits commences TERM 50
Admonitions ct. gives to D. before accepting
guilty plea
DEFINITION 50
- range of punishment for offense2) recommendation of prosecutor, with respect to punishment, is not binding on the ct. 3) if D. not citizen of US, a plea of guilty or no-contest for the offense charged can result in deportation exclusion from admission to the US or denial of naturalization under Fed. Law
Recorded confession not admissible, unless
- electronic recording of statement was made2) party was given their Miranda Rights and they knowingly, voluntarily and intelligently waived them3) recording device capable of making recording TERM 52
Request for intent to introduce extraneous
acts evidence
DEFINITION 52 to prevent party from being surprised by the introduction of unexpected witness testimony, opposing party could file this in advance of trial TERM 53
Guilty/Innocence phase
DEFINITION 53 phases bifurcated to prevent the jury from becoming prejudiced. prosecutor cannot request that a ct. allow jury to hear all of the evidence on both guilt and punishment before it deliberates and returns any verdict TERM 54
Jury punishment phase issues
DEFINITION 54 if jury returns guilty verdict but cannot decide punishment, ct. should not grant a mistrial.instead, jury shall be discharged and no jeopardy shall attach. ct. should impanel another jury asap to determine punishment TERM 55
If ct. denies request to reduce bail, following
steps can be taken
DEFINITION 55
- file pre-trial petition for writ of habeas corpus2) in petition, can argue that bail is excessive3) that D. is poor cannot post that amount4) ask for ct. to consider the nature of the offense and circumstances
Does D. have right to be present at pre-trial
hearing?
Yes TERM 62
The rule statement
DEFINITION 62 prevents parties from discussing case and hearing testimony in court given by witnesses TERM 63
Police report - work product doctrine
DEFINITION 63 police report is work product doctrine. normally tpd does not have to be produced for the opposing party. however, if police officer material witness to case, and he is being directly examined, adverse party has right to review police report. TERM 64
Def. of reasonable doubt in jury charge
DEFINITION 64 not necessary. considered redundant. TERM 65
Prosecutor 5th Amendment argument to
jury
DEFINITION 65 prosecutor cannot make argument to jury which implies that D. is guilty because he raises 5th Amendment privilege not to testify
Punishment of D. Judge or Jury
if D. fails to request for the jury to find punishment, the judge decides punishment.However, if jury finds D. guilty, the D. is allowed to elect the jury to sentence him if the prosecutor gives his consent TERM 67
Sentencing phase of trial
DEFINITION 67 all evidence relevant to sentencing can be offeredincludes evidence of extraneous crime that is shown beyond a reasonable doubt by evidence to have been committed by the D., regardless of whether he has been charged or convicted of a crime TERM 68
Statute of limitations - Tx
DEFINITION 68 arson indictment - 10 yearsno felony in TX has a statute of limitation period less than 3 years TERM 69
Prove D. is competent to stand trial
DEFINITION 69
- ability to consult with attorney with a reasonable degree of rational understanding2) rational and factual understanding of the proceeding against himmust prove this through a preponderance of the evidence TERM 70
Definition of bail
DEFINITION 70 security given by the accused that will appear in ct. to answer accusation brought against him. includes a bail bond or personal bond.
Procedural steps for juror to recommend
community supervision
- file a sworn motion for community supervision before trial begins2) motion must state that the D. has not previously been convicted of a felony in Tx. or any other state**criteria - punishment assessed cannot be greater than 10 years TERM 77
Juror absence should grant mistrial?
DEFINITION 77 no. remainder of jury has the power to render verdict. however, when jury rendered by less than whole number, has to be signed by every member of the jury concurring in it. TERM 78
Whether parties can question expert away
from jury
DEFINITION 78 Yes. parties are allowed to question expert about his qualifications and the basis of his opinion on a matter relevant to a case outside of the jury. 1) party against whom expert testimony is being offered must be permitted to conduct a voir dire exam. directed to the underlying facts or data upon which opinion is based2) exam. conducted away from jury TERM 79
D. right to be present at trial
DEFINITION 79 D. has right to be present at trial. however, D. can excuse himself after jury has been selected. TERM 80
Appeals process
DEFINITION 80 to initiate appeals process,1) party should file written notice of appeal in trial ct.2) if motion for new trial is not filed, party must file notice of appeal within 30 days after the date sentence is imposed or suspended in open ct.
