12. CCP (50Q) Flashcards
Question 1 of 50 - BPOC 09 Code of Criminal Procedure
If a peace officer requests aid from a citizen and the citizen refuses, that person may be charged with a crime.
True
False
True
Review: CCP (2.15) PERSON REFUSING TO AID. The peace officer who has summoned any person to assist him in performing any duty shall report such person, if he refuse to obey, to the proper district or county attorney, in order that he may be prosecuted for the offense.
Question 4 of 50 - BPOC 09 Code of Criminal Procedure
Who may execute a search warrant for criminal evidence?
none are correct
Any peace officer or a person specifically named
Any person if a peace officer cannot be found to serve it
A peace officer
Review: CCP (18.01) SEARCH WARRANT. (a) 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.
A peace officer
Review: CCP (18.01) SEARCH WARRANT. (a) 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.
Question 8 of 50 - BPOC 09 Code of Criminal Procedure
If a witness refuses to obey a subpoena, he may be fined at the discretion of the court, ______ dollars in a misdemeanor case.
$100
$200
$500
$1,000
$100
Review: CCP (24.05) REFUSING TO OBEY. If a witness refuses to obey a subpoena, he may be fined at the discretion of the court, as follows: In a felony case, not exceeding five hundred dollars; in a misdemeanor case, not exceeding one hundred dollars.
Question 20 of 50 - BPOC 09 Code of Criminal Procedure
A search warrant is a written order, issued by a magistrate and directed to a peace officer, and may command the officer to
All are correct
search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order
seize the property or thing and bring it before the issuing magistrate
search for any property or thing and bring it before the issuing magistrate
seize the property or thing and bring it before the issuing magistrate
Review: CCP (18.01) SEARCH WARRANT. (a) 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.
Question 31 of 50 - BPOC 09 Code of Criminal Procedure
_____ has original jurisdiction in class A and B misdemeanors.
County Court
Justice Court
District Court
Municipal Court
None Listed
Review: CCP (4.07) JURISDICTION OF COUNTY COURTS. The county courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars.
County Court
Review: CCP (4.07) JURISDICTION OF COUNTY COURTS. The county courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars.
Question 36 of 50 - BPOC 09 Code of Criminal Procedure
All are examples of reason for a writ of habeas corpus except:
TDCJ failed to credit for time awaiting trial
arrested without probable cause
loss of privileges while imprisoned due to actions
never given court date
excessive bail
loss of privileges while imprisoned due to actions
Review: CCP (11.07) PROCEDURE AFTER CONVICTION WITHOUT DEATH PENALTY Sec. 3.
(a) After final conviction in any felony case, the writ must be made returnable to the Court of Criminal Appeals of Texas at Austin, Texas.
(b) An application for writ of habeas corpus filed after final conviction in a felony case, other than a case in which the death penalty is imposed, must be filed with the clerk of the court in which the conviction being challenged was obtained, and the clerk shall assign the application to that court. When the application is received by that court, a writ of habeas corpus, returnable to the Court of Criminal Appeals, shall issue by operation of law. The clerk of that court shall make appropriate notation thereof, assign to the case a file number (ancillary to that of the conviction being challenged), and forward a copy of the application by certified mail, return receipt requested, by secure electronic mail, or by personal service to the attorney representing the state in that court, who shall answer the application not later than the 30th day after the date the copy of the application is received. Matters alleged in the application not admitted by the state are deemed denied.
(c) Within 20 days of the expiration of the time in which the state is allowed to answer, it shall be the duty of the convicting court to decide whether there are controverted, previously unresolved facts material to the legality of the applicant’s confinement. Confinement means confinement for any offense or any collateral consequence resulting from the conviction that is the basis of the instant habeas corpus. If the convicting court decides that there are no such issues, the clerk shall immediately transmit to the Court of Criminal Appeals a copy of the application , any answers filed, and a certificate reciting the date upon which that finding was made. Failure of the court to act within the allowed 20 days shall constitute such a finding. (d) If the convicting court decides that there are controverted, previously unresolved facts which are material to the legality of the applicant’s confinement, it shall enter an order within 20 days of the expiration of the time allowed for the state to reply, designating the issues of fact to be resolved. To resolve those issues the court may order affidavits, depositions, interrogatories, additional forensic testing, and hearings, as well as using personal recollection. The state shall pay the cost of additional forensic testing ordered under this subsection, except that the applicant shall pay the cost of the testing if the applicant retains counsel for purposes of filing an application under this article. The convicting court may appoint an attorney or a magistrate to hold a hearing and make findings of fact. An attorney so appointed shall be compensated as provided in Article 26.05 of this code. It shall be the duty of the reporter who is designated to transcribe a hearing held pursuant to this article to prepare a transcript within 15 days of its conclusion. On completion of the transcript, the reporter shall immediately transmit the transcript to the clerk of the convicting court. After the convicting court makes findings of fact or approves the findings of the person designated to make them, the clerk of the convicting court shall immediately transmit to the Court of Criminal Appeals, under one cover, the application, any answers filed, any motions filed, transcripts of all depositions and hearings, any affidavits, and any other matters such as official records used by the court in resolving issues of fact.
Question 38 of 50 - BPOC 09 Code of Criminal Procedure
When the Magistrate sits for the purpose of inquiring into a criminal accusation against any person is:
trial
arraignment
examining court
none listed
examining court
Review: CCP (2.11) EXAMINING COURT. When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court.
