Texas Criminal Procedure and Evidence
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4 types of cts and their jurisdictions
- 1. District Ct- Felonies, mis that are lesser included, mis w/ official misconduct, transferred county ct mis w/ jail time
- 2. Justice ct- fine only
- 3. Municipal Ct- city ord, fine only
- 4. County Ct- Mis not in Justice ct
Steps of a felony pros from beginning to end
- presentment before magistrate
- examining trial
- grand jury
- pre trial hearing
- guilt/innocence trial
- sentencing trial
- pronouncement of sentence
- motion for new trial
- motion to arrest judgment
- notice of appeal
- appeal to ct app
- review by ct app
- habeas corpus
What a writ of habeas corpus?
Court order commanding someone with person in custody to produce them and show why they are being held
When D is arestd, how long before they have to be brought before Magistrate? What does M have to do?
- 48 hours
- M tells D: 1) charges against him, 2) His rights (trial, Miranda, counsel) 3) sets bail, 4) may determine if probable cause exists
When can bail be denied?
- Capital Murder
- Some non capital crimes
How does a pros get bail denied for felonies other than capital murder?
- File a motion for denial w/in 7 days of apprehension.
- At hearing, show:
- D charged with non capital felony
- Sub evidence he is guilty
- AND one of the things below:
- 2 prior felonies
- present offense committed when out on bail for something else
- 1 prior felony and here he used a deadly weapon
- This one was a violent or sexual offense while he was on probation or parole
What should the Defense atty do if D denied Bail?
- Immediately appeal to ct of crim app
- For non-capital, they can only hold him 60 days w/out bail. After 60 days file a motion to have bail set.
- Don't move for continuance or they can keep him
Bail is a shit ton of $. How do you get it lowered?
- File a habeas corpus in district court
- At the hearing, show:
- 1. Bail was excessive
- 2. D can't meet it
- 3. What amount he CAN meet
WHen amount of bail is challenged, what does ct consider when deciding if it was excessive?
- likelihood D will appear at trial
- Ability of D to make bail
- Seriousness of crime
- Safety of victim and community
- Bail cant be instrument of oppression
What would you like to do?
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