Flashcards in Texas - Venue Deck (31)
What if the record is silent about venue?
Venue is presumed proven if nothing on record showing otherwise TRAP 44.2
What is the appropriate venue if "Crime Against Person" when victim is under 18?
Venue – county in which
1. Element of offense
2. Defendant apprehended
3. Victim resides
4. Defendant resides
What if venue is unknown?
1. County where D resides
2. County D is apprehended
3. County in which D is extradited
What is the timeline for filing motion to change venue?
• Doesn’t have to be 10 days before pretrial hearing or 10 day before jury selection – Constitutional Dimension
• CCP 28.01 Sec. 1 (7) – Motion for change of venue at pretrial hearing may be renewed during voir dire
Where is venue for offenses out of the state?
Any county where D found; or
Any county of any element
Where is venue for forgery?
1. Where forged
2. Where used or passed
3. If real property, in county of such land
Where is venue for perjury?
1. Where false statement;
2. Where false statement used or attempted to be used (deposition: county of depo. and CRT)
Where is venue for boundary of counties?
400 yards, either
Airport of two municipalities AND in 2 counties - either county
Where is venue for fine only?
200 yards of county if has concurrent jurisdiction agreement
Where is venue for homicide out of state?
Where injury inflicted;
Body was found
Where is venue for crime on boundary river or stream?
Nearest county seat of county touching river or stream
Where is venue for theft?
Where property stolen
Where property was removed to
Where is venue for Hindering Creditors?
Where property is;
Where property removed from;
Where security agreement filed
Where is venue for on a "Vessel"?
Anywhere vessel navigates
Where is venue for kidnapping/trafficking?
Where offense occurred;
Anywhere passed through
Where is venue for conspiracy?
1. Where entered into;
2. Target county;
3. Anywhere a conspirator does an act in furtherance;
Out of State: Travis County
Where is venue for bigamy?
1. Where marriage occurred;
2. Where lived together;
3. Non-charged party lives
Where is venue for sexual assault?
1. Where committed;
2. Where victim abducted;
3. Pass through county.
Grand Jury must be charged to investigate and Dist. Judge may direct venue for speedy trial
Where is venue for criminal non-support?
Where child or offended spouse resides
Where is venue for marijuana?
County of offense; or
with D consent in adjacent county
Where is venue for UUMV?
Where occurred; or
Where reported from.
Where is venue for illegal recruitment of athletes?
Where school is
Where is venue for computer crimes?
1. Where owner of computer network;
2. Where D has proceeds;
3. Where D has records, docs, programs, or materials;
4. Where in or through access to computer was made - wires, signals
5. Where victim resides
Where is venue for telecommunication crimes?
Where service originated or terminated
Where billing should be
Venue for simulating legal process?
Where document was delivered from or received
Venue for mortgage fraud?
1. Where property located;
2. Any part of transaction (including document generation)
Venue for fraudulent use/possession of ID?
Where victim resides;
Venue for failure to register?
1. Where element of offense;
2. Where last verified address or complied;
3. Where D indicates INTENDS to reside;
4. Any county where D is arrest ANYTIME after most recent reportable conviction
5. Where D is found or resides
Venue for failure to comply with Sexually Violent Civil Commitment?
Where any element occurred; or