Texas Criminal Procedure and Evidence

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Texas Criminal Procedure and Evidence
2013-07-08 20:29:45

TX Crim Pro and Ev
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  1. 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
  2. Steps of a felony pros from beginning to end
    • Arrest
    • presentment before magistrate
    • examining trial
    • grand jury
    • indictment
    • arraignment
    • 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
  3. What a writ of habeas corpus?
    Court order commanding someone with person in custody to produce them and show why they are being held
  4. Pre-Trial
    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
  5. Pre Trial
    When can bail be denied?
    • Capital Murder
    • Some non capital crimes
  6. 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
  7. 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
  8. 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
  9. WHen amount of bail is challenged, what does ct consider when deciding if it was excessive?
    • LASSO
    • 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