Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Texas Law > Criminal Procedure > Flashcards

Criminal Procedure Flashcards

1
Q

Probable Cause

A

Officer’s personal knowledge based on facts, circumstances, and reasonably trustworthy information warrants a prudent person to believe crime committed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Arrest

A

a deprivation of freedom of movement by actual physical restraint or custody

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Warrants require:

A

Probable cause + particularity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Requirements of Arrest Warrant:

A
  1. In the name of “The State of Texas”
  2. Name or description of person to be arrested
  3. State the alleged offense
  4. Signed by magistrate
  5. Accompanied by sworn statement (affidavit/complaint); must establish probable cause
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Exceptions to Arrest Warrant Requirement:

A
  1. Crime committed in presence of arresting party (officer or citizen)
  2. Reasonable belief arrestee committed a felony (officer only)
  3. Exceptions when there is PC:
    a. Offense resulting in bodily injury with danger of further injury
    b. Violating a protective order
    c. Offense of family violence
    d. Interference with emergency phone call
    e. Felony, breach of the peace, or public intoxication and found in “suspicious place”
    f. Felony and about to escape (no time for warrant)
    g. Voluntary statement to police that committed a felony
    i. Stolen property discovered by the officer
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When must an initial appearance occur?

A

Must see a magistrate within 48 hours of arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

At the initial appearance, what must the arrestee be advised of?

A
  1. Crime charged;
  2. Affidavits;
  3. Right to retain counsel (or appointment of counsel);
  4. Right to remain silent;
  5. Right to have attorney present during any police interview;
  6. Right to terminate interview; and
  7. Right to examining trial.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Form of Search Warrant

A
  1. “State of Texas”
  2. Identify people/objects
  3. Signed and dated
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Evidentiary Warrant Requirements

A

Must allege sufficient facts to establish PC that:
1. Specific offense has been committed;
2. Specifically described property constitutes evidence of offense or particular person committed that offense; and
→ Only described items may be seized (unless independent grounds)
→ May not be issued for “personal writings of accused” as mere evidence
→ May not be issued for media property as mere evidence
3. Property is located in a particular place or on particular person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

When must a search warrant be executed?

A

Within 3 days not including day of issuance and day of execution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

When must a search warrant for a DNA specimen be executed?

A

Within 15 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

When must a search warrant for electronic consumer data be executed?

A

Within 11 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is Franks Hearing?

A

An evidentiary hearing held after ∆ alleges deliberate or reckless falsity of the affidavit underlying the search warrant.
Court may only look to the four corners of the affidavit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Exceptions to Search Warrant Requirement

A
  1. Search incident to lawful arrest
  2. Hot pursuit
  3. Emergencies
  4. Stop and Frisk
  5. Automobiles
  6. Plain-View Doctrine
  7. Consent
  8. Administrative Searches
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Jurisdiction of District Court

A

Original jurisdiction for felonies, official misconduct, and cases transferred from county courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Jurisdiction of County Court

A

Original jurisdiction for all misdemeanors not under the exclusive jurisdiction of justice court and fine exceeds $500
Appellate jurisdiction for criminal cases originating in inferior courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Jurisdiction of Justice Courts

A

Original jurisdiction for cases punished by fine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Jurisdiction of Municipal Courts

A

Exclusive jurisdiction over criminal ordinance violations within territorial limits punishable by fines not exceeding $500
Concurrent Jurisdiction with justice courts if committed within territory, violates state law, and punishable by fine or sanction.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Jurisdiction of Court of Appeals

A

All criminal cases except death penalty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Jurisdiction of Court of Criminal Appeals

A

Final appellate jurisdiction in all criminal cases

Discretionary review, except for death penalty cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Proper Venue

A

Any county where offense occurred or offender is found

If neither, where offender resides

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Time Limitations on Actions (General)

A

Felony indictment within 3 years of commission

Misdemeanor within 2 years of commission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Information

A

Written statement for Class A and B misdemeanors

With affidavit

24
Q

Complaint

A

Written affidavit for Class C misdemeanors

25
Indictment
Written statement by grand jury for felonies
26
Required Contents of Indictment
1. Start with "In the name and by the authority of the State of Texas" 2. Requires offense set out in plain, intelligible words 3. Must contain specific information concerning jurisdiction, identity of accused, offense charged, and all necessary elements 4. End with "against the peace and dignity of the State"
27
How many people are summoned to be grand jurors?
Between 20 and 125
28
Key Man System
Commissioners selected by the district judge compile a list of people from which the judge chooses
29
Jury Wheel
Selection by the district judge directly from a list of petit jurors randomly selected from voter and driver’s license registrations
30
Grounds to Challenge a Particular Grand Juror
1. Juror is insane 2. Juror is unfit for service due to mental or bodily defect, including legal blindness 3. Jury is a witness in a grand jury investigation 4. The juror served on a petit jury in a former proceeding for the same alleged conduct 5. The juror has bias or prejudice against the person accused 6. The juror has a pre-established conclusion as to guilt or innocence that would influence the juror's vote 7. The juror is related within the third degree to an accused or a victim of an offense the grand jury is investigating 8. The juror is not a qualified juror 9. The juror has a bias or prejudice against any law upon which the state is entitled to rely 10. The juror is the prosecutor of an accusation against the person making the challenge
31
Quorum for Issuing an Indictment
9 jurors
32
Capias
AKA Summons Orders arrest or appearance Must specify arrestee, offense, name of court, and date
33
Grounds for Motion to Set Aside an Indictment
1. Procedure: no quorum; unauthorized person present; illegal impaneling 2. Substance: does not allege ∆ committed an offense; barred by time; indictment contains legal defense; indictment shows court does not have jurisdiction
34
Guilty Plead Procedure
1. Admonishment or advice of rights 2. Waiver of those rights and right to trial by jury 3. Recitation of facts sufficient to establish guilt
35
What is an examining trial?
A preliminary hearing where a magistrate determines probable cause to bind accused over
36
When does ∆ have a right to an examining trial?
In felony cases before indictment
37
Rights of the accused in an examining trial
1. Right to counsel 2. Right to be present when witnesses testify 3. Right to confront and cross-examine State witnesses 4. Right to subpoena witnesses 5. Right to request witness sequestration 6. Right to make unsworn statement before witness examination and give sworn testimony
38
When may ∆ be released on recognizance?
If ∆ is charged with a fine-only misdemeanor and has no convictions for felonies or misdemeanors punishable by jail time.
39
Release when arrested for misdemeanor with no warrant
Must be released on bond within 24 hours | Bond not to exceed $5,000
40
Release when arrested for felony with no warrant
Must be released on bond within 48 hours | Bond not to exceed $10,000
41
Determinations Made at Pre-trial Hearings
1. Arraignment 2. Pleadings 3. Exceptions to Indictment or Information 4. Motions for Continuance 5. Motions to suppress evidence 6. Discovery 7. Entrapment 8. Appointment of Interpreter
42
Pre-Trial Motions
1. Quashing the charge 2. Motions in limine 3. Motions to disqualify the judge 4. Motion to suppress 5. Motion for jury sentencing 6. Motion suggesting incompetence 7. Motion for continuance: absent witness
43
Test for Competency to Stand Trial
∆ does not have sufficient present ability to consult with lawyer or rational and factual understanding of proceedings against him.
44
Subpoena
Order to appear before trial court, examining court, coroner’s inquest, grand jury, habeas corpus hearing, or any other proceeding
45
Subpoena duces tecum
Order to produce tangible evidence
46
For which offenses is there a right to jury trial?
∆ entitled to jury in all felony trials unless waived
47
Number of jurors for district court
12 jurors in felonies in district court | Up to 4 alternates
48
Number of jurors for inferior courts
6 for misdemeanors in inferior court | Up to 2 alternates
49
Gaskin Rule
After witness testifies (other than ∆), other party may move for any statement relating to the witness's testimony
50
Consequences for Failing to Comply with Gaskin Rule
∆: witness testimony stricken | State: mistrial
51
Allocution
∆ has the right to speak directly to court (sentencing)
52
Standard of Review on Appeal
Sufficiency of the Evidence viewed in light most favorable to the verdict Whether any rational trier of fact could have found essential elements beyond a reasonable doubt
53
Rules for Bail
(1) Bail shall be sufficiently high to give reasonable assurance that the undertaking is to be complied with (2) Shall not be used as an instrument of oppression (3) Safety of the victim and the community to be considered (4) nature of the offenses and the circumstances (5) Ability to make bail
54
Factors to Determine Indigence
(1) Income (2) Source of Income (3) Assets (4) Outstanding debt (5) Necessary expenses (6) Number and age of dependents (7) Any spousal income that is available to ∆ Not permitted to consider ability to post bail alone
55
Motion for Continuance: Absent Witness
(1) Diligence in attempting to procure attendance (2) Materiality of the Testimony (3) Not made for purposes of delay (4) Absence not procured by ∆ (5) No reasonable expectation that attendance can be achieved by trial
56
If a witness, properly served with a subpoena, refuses to appear, what can you do to secure their attendance?
Have attachment issued
57
Is an instruction on "reasonable doubt" required?
No, best practice not to have one | Some courts allow it if both parties agree

Texas Law (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions