Intent of CCP

Intended to encompass rules applicable to the prevention and prosecution of offenses against the laws of the state of Tx

Make the laws intelligible to officers who act under them and to all whose rights are affected by them.

In general, who are magistrates

Judges of courts
This includes:
Judges of the Supreme Court,
Judges of the criminal court of appeals
Justices of the court of appeals
judges of district courts
Mayors of incorporate cities, towns, villages

Who are peace officers

Sherrifs and their deputies
Constables and their deputies
Marshalls or police officers of incorporated cities, towns, villages.
Rangers and officers commissioned by Public Safety Commision
Investigators of the district attorneys office.
Law enforcement officers of ABC
see pg 112 Training guide

Which criminal investigators are not  deamed a peace officers in the State of Texas

Special Agents of the FBI
Special Agents do the secret service
Special agents of US I migration and Customer in for cement
Special agents of the Alcohal, Tobacco, Firearms and explosives
Special agents of Drug Enforcement Administration
Special Agents of Criminal Investigation of IS

see pg 113 -114 of training guide.

What are Adjunct Police Officers

Within counties of less Tha 200k, The chief of police or sheriff that has jurisdiction over geographical area of private institutions of higher education may appoint, with the institutions consent, up to 50 peace officers who are commissioned under the Education Code. These are know as Adjunct Officers

Special Rangers of the TSWCRA

The Director of the Department of Public Safety may appoint up to 50 Special Rangers who are employed by the TSWCRA to aid law enforcement in the investigation of the theft of live stock or related property.

Alabama - Coushatta tribe peace officers

Is authorized to employ and commission  peace officers for the purpose of enforcing state laws within the bounded is of the reservation.

Duties and Powers of a Texas Peace Officer

Every peace officer has the duty to preserve the Peace within their jurisdiction.
May use any lawful means to achieve this objective.
Where authorized by code, intervene without warrant to prevent/suppress crime.
Required to execute all lawful process issued to them.
Notify some magistrate of all offenses committed within jurisdiction.
May arrest without warrant  in every case where they are authorized by law in order to be taken before the proper or court and be tried magistrate.

Arrest by Peace Officer from another Jurisdiction

A peace officer, commissioned and authorized by another state to make arrest for felonies, That is in fresh pursuit of a person for the purpose of arresting the person for a felony, may continue pursuit into this state and arrest the person. pg 118 training guide.

What does it take for a charge of treason?

2 witnesses to the same overt act or confession in open court

What is Privilage of Legislature?

Senators and legislatures shall, except in cases of treason, felony or breach of peace, be privilaged from arrest during the session of the legislature.  Also in going to and from the legislature. Allowed 1 day for every 20 miles traveled each way.

Which magistrates are covered by Dignity of the State?

Texas Supreme Court judges
Judges of the Court of Criminal Appeals
Judges of District Courts
Basically state level courts.

What is Dignity of State?

The style of All writs  and processes shall be "The State of Texas".
All prosecutions shall be carried on "in the name of and by the authority of "The State of Texas" and conclude "against the Peace and dignity of the State".

CCP 1.24 Which trials are public?

The proceedings and trials in all courts shall be in public.

CCP 125 When does a witness not have to be in court?

In certain case, when provided by code, a deposition is taken.

CCP 1.25 True or false.  A defendent on trial , except in cases of deposition, is always allowed to be confronted by witnesses. 

True

CCP 1.27 When does Common Law Govern?

When Code fails to provide a rule of procedure in any particular state of case which may arise.

CCP 2.09 Who are magistrates?

From page 111 of the study guide  by Nichols
Justices of:
The Texas Supreme Court
Court of Criminal Appeals
District Courts
County judges
Justices of the Peace
Mayors
recorders
judges of municipal courts of incorporated cities or towns.

In many counties Magistrates appointed by the courts.

CCP 2.10 What are the duties of Magistrates?

1. Preserve the Peace in their jurisdiction by use of all lawful means

     2. To issue all process intended to aid in the prevention of crime

     3. To cause the arrest of offenders by use of lawful means in order that they may be brought to punishment

CCP 2.11 What is an examining court?

When a magistrate sits for the purpose of inquiring into criminal accusations against any person.

CCP 2.12 Who are Peace Officers?

Basically any one who has a permanent peace officers license. Also includes: Investigators commissioned by Texas Board of Medical Examiners
County Park Rangers
Stewart's and Judges employed by the Texas Racing Commision
Officers of the Parks and Wildlife Commision

Butt load of others

For detailed list see page 129 in tex book or pg 112 in Nichols study guide.

CCP 2.121 What do Railroad Peace Officers cover?

A railroad peace officer may make arrests and exercise all authority given peace officers when necessary to prevent or abate the Commision of any offense involving injury to passengers or employees of the railroad or damage to railroad or property in custody or control of the railroad.

CCP1.121 Is a railroad peace officer allowed to issue traffic citation?

No.

CCP 1.121 Is a Railroad peace officer entitled to state benefits?

No

CCP 1.121 Who appoints Railroad Peace Officers?

The Department of Public Safety may appoint up to 250.

CCP 1.121 Who is a Railroad Peace employed by?

The railroad company

CCP 2.122 Which Special Investigators are not Peace Officers?

In general federal investigators which includes, but is not limited to:
Special agents of the FBI
Special Agents of the secret service
Special agents of US ICE
Special agents of Bureau of Alcohal, Tobacco, Firearms and Explosives
Special agents of DEA
Special agents do US Postal
Special agents Criminal IRS

See pg 113-115 Nichols study guide

CCP 2.123 Who are Adjunct Police Officers?

Within counties of less than 200k, the chief of police or sheriff that has jurisdiction over geographical area of a private institution of higher education may appoint, with the institutions consent, up to 50 peace officers who are commissioned under the Education code.

CCP 2.123 What is the jurisdiction of an Adjunct Peace Officer?

Campus and an area not to exceed further than 1 mile from the perimeter of a campus if the area is inhabited primarily by students or employees of the institution.

CCP 1.125 Who appoints Special Rangers of the TSWCRA and how many can be appointed?

Department of Public Safety
Up to 50

CCP 2.125 Who are the special Rangers of the TSWCRA emplyees by?

TSWCRA

CCP 2.125 What do Special Rangers of TSWCRA do?

They aid law enforcement agencies in investigation of theft of livestock and related properties.

CCP 2.125 When can a Special Ranger of the TSWCRA make arrest?

A Special Ranger of the TSWCRA can make arrest and exercise all authority given a peace officer when necessary to prevent or abate the Commision of an offense involving livestock or related property.

CCP 2.125 Can Special Rangers of the TSWCRA issue traffic citations?

No.

CCP 2.126 What is the jurisdiction of a peace officer of the Alabama - Coushatta Indian tribe?

Within the boundaries of the reservation,
Or if summoned by another peace office, outside the reservation, to provide assistance.

CCP 2.131Is a peace officer prohibited from racial profiling?

No.  It says may not.
It does not say shall not. But agency's must have a policy prohibiting racial profiling. Even though in 2.132 it states each agency must have a written policy "strictly prohibiting" racial profiling.

CCP 2.132 Is a law enforcement agency required to adopt a detailed written policy on racial profiling?

Yes the requirements is a shall.

CCP  8.01 When can a peace officer summon help from citizens?

When an officer authorized to execute a process is resisted, or when sufficient reason to believe that he will meet with resistance executing the same.

CCP 8.01 Which citizens can an officer summons aide from and how many?

As many citizens of the county as he may think proper.

CCP 8.01  Can a sheriff summon the military for assistance?

Yes. the sheriff may call any military company in the county to aide him in over coming resistance.

CCP 8.04 When is it allowed for a magistrate or peace officer to disperse an assembly?

Whenever a number of persons are assembled together in such a manner as to constitute a riot, it is the duty of the magistrate or peace officer to cause such persons to disperse.

CCP 8.04 How can a riot be dispersed?

By commanding them to disperse or by arrest.

CCP 8.04 Is it necessary to have a warrant to arrest for riots?

No.  It can be with or without a warrant.

CCP 8.05 Can an officer call for aide to disperse a riot?

Yes.

CCP 8.06 How much force can be used by an officer and those aiding, to suppress a riot?

They are authorized and justified in adopting such measures as are necessary to suppress the riot, but are not authorized to to use any greater degree of force than is requisite to accomplish the objective.

CCP 2.14 When can a peace officer summon aid?

When a peace officer meets with resistance in discharging any duty imposed on him by law, he shall summon sufficient number of citizens of his county to overcome the resistance.

CCP 2.14 Are citizens summoned to provide aide allowed to ignore the summons?

No.  All persons summoned are bound to obey.

CCP 2.16 What happens if a peace officer neglects to execute due process?

If a peace officer willfully refuses or fails from neglect, they can be fined no less than $10 and no more than $200.

CCP 2.17 Who is Conservator of the Peace?

Each sheriff shall be Conservator of the Peace.

CCP 2.17 What is the responsibility of the Sheriff as Conservator of the Peace?

In there county, they shall arrest all offenders against the the laws of the State, in view or hearing, and take them to proper court for examination or trial.

He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies.

He shall apprehend and commit to jail all offenders until an examination or trial can be had.

CCP 2.18 Who places offenders in jail?

When an offender is committed to jail by warrant from a magistrate or court, they shall be placed in jail by the Sheriff.

CCP 2.20 Does a deputy have the same duties as a sheriff to impose by code?

Yes.

CCP 2.20 Where there is no sheriff in the county, who has the duties of the sheriff's office?

Devolves upon the officer who, under the law, is empowered to discharge the duties of sheriff.  Commission court appoints when office is vacant.

CCP 2.27 Who investigates physical or sex abuse cases if there is immediate danger?

A peace officer from the appropriate local law enforcement agency shall investigate the the report jointly with the appropriate agency.

CCP 2.27 Who investigates a report of abuse or neglect or other complaint of a resident of a nursing, convalescent or other related institution?

Local law enforcement agency.

CCP 2.28 Who should be notified when a person's identity is falsely given in an arrest?

The person whose identity was used
The Department of Public safety.

CCP 2.28 When law enforcement agent contacts a person's who identity was misused, what information shall be given?

The person's identifiing info was misused by another person

That the person may file a declaration with the Department of Public Safety

That the person is entitled to expunction of the information contained in criminal records

CCP 2.28 When the DPS is notified of misuse of idendity, what must be included?

The misuse of the identifying information

The actual identity of the person arrested, if known by the agency.

Whether the agency was able to notify the person whose identifying information was misused.

CCP 2.29 Is an officer required to make a written report in connection with fraudulent use or possesion of identifying information?

Yes.  A officer/agency shall make a written report.
The report will include:
1. the name of the victim
2. the name of the suspect, if known
3. the type of identifying info
4. the results of the investigation

CCP 2.29 Can the victim request a copy of fraudulant use of identity report?

Yes.  The law enforcement agency shall provide a copy of the report to the victim, and law enforement agency shall redact any otherwise confidential information.

CCP 3.05 What is the definition of racial profiling in this code?

a law enforcement initiated action base on an individual's race, ethnicity, or national origin rather than on an individual's behavior or information identifying the individual as having engaged in criminal activity.

CCP 4.01 What courts have criminal jurisdiction?

Court of Criminal Appeals
Court of Appeals
District Courts
The criminal district courts
Magistrates appointed by judges of district courts in some counties
The county courts
County criminal courts
Justice Courts
Municipal courts

CCP 4.03 What jurisdiction does the Court of Appeals have?

The court of appeals has appellate jurisdiction coextensive with the limits of their respective district in all criminal cases except those in which the death penalty has been assessed.

CCP 4.03 When can the court of Criminal appeals embrace a case with fines less than $100 which originate lower courts and are appealed to county courts?

When the case sole issue is the constitutionality of the statute or ordinance on which the conviction is based.

CCP 4.04 Which court is appealed to for cases where the death penalty has been assessed?

Court of Criminal Appeals

CCP 4.04 Which court is the highest court for criminal appeals in the state?

The court of Criminal Appeals.

CCP 4.04 Can the Court of Criminal Appeals review cases without being petitioned?

Yes.  The Court of Criminal Appeals, at its own discretions, may, on its own motion, review any decision of a court of appeals in criminal cases.

CCP 4.04 Can the Court of Criminal Appeals grant or issue, or cause to be issued writs of habeas corpus?

Yes

CCP 4.05 Which criminal cases are heard at District Courts?

Original jurisdiction w/ felony
Misdemeanors involving official misconduct
misdemeanor cases transfered to the district courts under CCP art 4.17

CCP 4.07 Which cases does the County Court have original jurisdiction?

All misdemeanors of which exclusive original jurisdiction is not given to the Justice courts.  These include Class A and B Misdemeanors or those with fines greater than $500 or jail.

4.08 What cases do the county courts have appellate jurisdiction?

Criminal cases of which justice courts and other inferior courts have original jurisdiction.

CCP 4.12 Where are misdemeanor cases be  tried?

In the precinct in which the offense was committed
In the precinct where the defendent resides
With written consent of state and defendent, in any other precinct in the county

CCP 4.14 what is the Jurisdiction of municipal courts?

Exclusive original jurisdiction within the territorial limits of the municipality in all criminal cases that:
1. arise under the ordinances of the municipality
2. are punishable by fines not to exceed: a. $2000 for fire safety, zoning or public health and sanitation
b. $4000 in cases for dumping refuse
c. $500 for all other cases.

CCP 4.17 When can a misdemeanor case punishable by jail be transfered?

If a plea of not guilty is entered and the judge is not a licensed lawyer, the state or defendent can request in writing the case be transfered to a court or judge in the county as long as the presiding judge receiving the case is a licensed lawyer.

CCP 5.01 When is an officer required to protect a victim of family violence?

The respnding law enforcement  or Judicial Officers shall protect the victim, without regard to the relationship between the alleged offender and victim.

CCP 5.02 What is the definition of family violence?

Section 71.04 of Texas family code defines family violence as an act by any member of a family or house hold against another member of the family household that is intended to result in physical bodily harm, bodily injury, assault, or sexual assault or that a threat that reasonably places the member in fear of ....

CCP 5.02 Definition of a household

Family Code 71.02 a unit composed of persons living together without regard to whether they are related.

CCP 5.02 Definition of a family?

In Family Code 71.003 includes individuals related by consanguinity or affinity and individuals who are former spouses of each other, individuals who are parents of the same child, without regard to marriage, and foster children with foster parent, without regard to whether those individuals live together.

CCP 5.02 Are people who previously lived together members of a house hold?

Yes. Family Code 71.00?

CCP 5.045 Can a peace officer provide stand by assistance?

At the discretion of a peace officer, the officer may stay with a victim of family violence to protect the victim and allow the victim to take the personal property of the victim or a child in care of the victim, to a place of safety, in an orderly fashion.

CCP 5.05 When is a peace officer required to make a report involving family violence?

When a peace officer investigates or responds to a disturbance call that may involve family violence, he shall make a report.

CCP 5.05 What must be in a family violence report?

1. Names of suspect and complainant
2. date, time and location
3. any visible or reported injuries
4. a description of the incident and statement of disposition
5. whether suspect is a member of the state military forces or serving in an armed forces of the US in an active duty status.

What is the definition of consanguinity?

Blood related.

CCP 5.04 is a peace officer investigating a family violence allegation required to advise of rights?

With A written notice The officer shall advise any possible adult victim of all reasonable means to prevent further family violence, including giving written notice of a victim's legal rights and remedies and of availability of shelter or to other community services for family violence victims.

CCP 5.05 Is a law enforcement agency required to maintain a family violence report?

Yes.  the agency must establish a departmental code for identifiing and retrieving family violence reports.

CCP 5.05 Who is entitled to retrieve family violence reports?

1. A district or county attorney or assistant district or county attourney in the county where records are kept
2. Department of Family and Protective Services is entitle to access for those over age 14.

CCP 5.05 Is it require to provide the Department of Public Safety with information about a filed family violence report?

Peace officer who makes reports, shall provide information concerning the incedent to the Department of Public Safety.

CCP 5.05 Is the victim of a family violence incedent allowed a copy of a filed report?

Yes. 
Any information contained in the written report.

CCP 6.01 When and Who must a magistrate notify of a threat?

Immediately to some peace officer.

CCP 6.05 What is the duty of a peace officer with regard to a threat?

To prevent the threatened injury, if within his power.

CCP 6.05 Can a peace officer call for the aide of citizens in case of threats?

Yes. 

CCP 6.06 How much force can a peace officer use to prevent injury to someone threatened or himself?

The amount of force necessary to prevent the Commision of the offense.

CCP 6.07. What is allowed conduct of a peace officer in preventing offenses about to be committed?

They are regulated by the same rules as are prescribed to the action of the person about to be injured.  They may use all force necessary to repel the aggressor.

CCP 6.08 Who is responsible for issuing a protective order?

The County Courts and District Courts. 

CCP 6.08 Who is required serve a protective notice?

The court shall require a constable to serve a protective order. 

CCP 6.08 Who must the county court forward a copy of the protective order to?

The clerk of the court shall forward a copy to the Department of Public Safety.

CCP 6.08 For an original or modified protective order, what is the time limit for entering it into the state wide system?

The law enforcement agency shall immediately, but not later than 10 days enter the required information.

CCP 7.01 When shall a magistrate issue a warrant to prevent an offense?

Whenever a magistrate is informed upon oath that an offense is about to be committed against a person or property of an informant, or of another, or that of any person has has threatened to commit an offense.

CCP 7A.01 Who can an application for protective order be filed?

A victim of an offense of assault, human trafficing, sextant assault,
Parent or guardian on behalf of someone under 17 or 18 depending on offense
A prosecuting attourney acting on behalf ...

CCP 7A.02. What is an Ex Parte Order

A temporary protective order issued without a hearing for protection of the applicant or any member of the applicants family.

CCP 7A.0? When is a protective order issued?

If a court makes a finding for a protective order, the court shall issue a protective order that includes a statement of the required findings.

CCP 7A.035 when can a child's statement be used for a protective order?

If the child is younger than 14 and who is the victim, and can describe the offense committed against the child.  This is admissible as evidence.

CCP 7A.05 What conditions can be specified in a protective order?

The court may Order the alleged offender to take action as specified by the court:
No communications directly or indirectly with the applicant or any member of the applicants family or household

Going near the residence, place of work, child care facility, school.

Engaging in conduct directed specifically at the applicant, family or house hold.

Possessing fire arm unless a peace officer

In the order, the court shall specifically describe each prohibited location and minimum distances required.

CCP 7A.06. What is  the require warning on a protective order?

Person violating the order can be fined as much as $500 or jailed for as long as 6 months

No person may give permission to anyone to ignore or violate any provision of the order

It is unlawful for other than a peace officer to possess a firearm or ammunition

Violation of the order is punishable by fine up to $4000 or jail for up to a year or both and can be processed as a seperate offense.

CCP 7A.07. What is the duration of a protective order?

It may be in effect for the lives of the offender and victim or for any shorter period stated in the order.  If a period is not specified in the order, the order is effective until the second anniversery.

CCP 7A.07 When can the order be rescinded?

If a victim 17 yrs or older  files to rescind

If a parent or guardian files for some one under 18 yrs for the order to be rescinded

If subject of a protective order is confined or imprison on the last day of the order is due to expire, it is extended 1 yr from release date.

CCP 14.01 What is offense within view?

A peace officer or witness, may without warrant, arrest an offender when the offense is committed in their presence or view if it is a felony or against public peace.

CCP 14.02 Can an arrest be made if in view of a magistrate, without warrant?

Yes.  A peace officer may arrest without warrant if the offense was in the presence or view of a magistrate and the magistrate verbally orders the arrest.

CCP 14.03 What is authority of a peace officer?

A peace officer may arrest without warrant:

1. Person found in suspicious place under circumstance which reasonable show that such person may have committed a felony.
2. Person who the Peace officer reasonably believes has committed an assault causing bodily injury.
3. a person reasonable believed has committed offense defined in penal code 25.07

.....  Read the rest.

CCP 14.031 Is arrest required for public intoxication?

No.  If officer believes a penal facility is unnecessary for the protection of the individual, a peace officer may release and the individual is release to the care of an adult and verbally consents to voluntary treatment for chemical dependency.

CCP 14.031 Can a peace officer and  agency or political subdivision that employs the officer be held liable for damages for releasing some one for PI?

No.

CCP 14.04 When can a peace office arrest without warrant and has not viewed the crime?

When reasonable proof is shown with a credible witness, that a felony has been committed, and that the offender  is about to escape, so that there is no time to precursor a warrant, a peace officer may pursue and arrest the accused without warrant.

CCP 14.05. When can a peace officer enter a residence and make an arrest without a warrant?

1. A person who resides in the residence consents to entry
2. exigent circumstances require that the officer making the arrest enter the residence with or without the consent of a resident.

CCP 14.051 When can a peace officer from another state make arrests in Tx?

If the pursuit is for a felony and the officer is in fresh pursuit.

CCP 14.06 When must an arrested person be taken before a magistrate?

within 48 hours after the person is arrested

CCP 14.06 What magistrate must an arrested person be brought before?

The magistrate ordering the arrest
A magistrate in the county where the arrest was made
Any other magistrate in another county to expedite

CCP 14.06 Who brings an arrested person before a magistrate?

The Peace officer making the arrest or the person having custody of the arrested

CCP 14.06 When can a peace officer issue a citation?

When charging a person with a class c misdemeanor

CCP 15.01 What is a warrant for arrest?

A written order from a magistrate, directed to a peace officer or some other person specifically named, to take the body of the person accused of an offense, to be dealt with according to law.

CCP 15.02 What are the requisite of a warrant?

Issues in the name of "The State of Texas"
Must specify the name of the person who is being arrested if known and if unknown then some reasonable definite description
It must state that the person is accused of some offense against the laws of the state and name the offense.
Must be signed by a magistrate and his office be named

CCP 15.03 When may a magistrate issue a warrant?

1. In any case which by law he is authorized to order verbally the arrest
2. when any person shall make an oath before the magistrate that another has committed some offense against the laws of the State of Texas
3. In any case named in this code where he is specifically authorized.

CCP 15.03 What form is a summons in?

The same as a warrant.

CCP 15.03 When can a summons be issued?

In any case a warrant may be issued.

CCP 15.03 How can a summons be delivered?

Delivering a copy personally

Leaving a copy at house or abode with some person of suitable age and discretion

By mailing to last know address

CCP 15.04 What is the definition of a complaint?

An affidavit made before a magistrate or district or county attourney that charges the Commision of an offense.

CCP 15.05 What are the requisites for a complaint?

State the name of accused if known or reasonably definitive description

Must show accused committed some offense against the laws of the State

State the time and place of the Commision of the offense

Must be signed by the affiant

CCP 15.051 Can s peace officer or attourney require a polygraph by a person charged?

No

CCP 15.051 What must the Peace Officer or attourney requesting a polygraph inform the accused of about the poly?

The examination is not required
A complaint may not be dismissed soley:
1. Because a complaintant did not take poly
2. on the basis of the results of a poly examination taken by complainant

CCP 15.06 Where is a warrant applicable?

A warrant for arrest, issued by a county or district clerk or by a magistrate (except mayors), is applicable shall extend to any part of the state.

CCP 15.07 What are the restrictions on a warrant issued by a mayor?

It can not be executed in any other county than the one in which it is issued, except:
1. It be endorsed by a judge of a court of record, in which the case may be executed
2. if it is endorsed by any magistrate in any county that the accused might be found.

CCP 15.16 How must an arrest warrant be executed?

Without unnecessary delays must take the accused before the magistrate who issued the warrant if the magistrate is in the same county where arrested.  If arrested in another county, taken before magistrate in that county without unnecessary delay.

CCP 15.17 What are the duties of an arresting officer and magistrate?

The arresting person or person holding will take the person before a magistrate within 48 hours and without unnecessary delayes.

CCP 16.20 What is the definition of Commitment

An order signed by the proper magistrate directing a sheriff to recieve and place a person in jail the person so committed

CCP 17.01 What is the definition of bail?

a security given by the accused that he will appear and answer before a proper court the accusation brought before him.

CCP 17.02 What is the definition of a bail bond?

a written undertaking entered by the defendant and defendants sure ties for the appearance of principal therein before a court or magistrate to answer a criminal accusation.

CCP 21.01 What is the definition of an indictment?

A written statement of a grand jury accusing a person therein named of some act or omission, which by law, is declared to be an offense.

CCP 21.20 What is the definition of information?

a written statement filed and presented in behalf of the State by district or county attourney, charging the defendant with an offense which may by law be so prosecuted.

CCP 21.22 How is informattion in a complaint used?

No information shall be presented until affidavit has been made by some credibility person charging the defendant with an offense. It shall be filled with the information.

CCP 23.10 What is the definition of a capias?

A Writ issued by a judge commanding  a peace officer to arrest a person accused of an offense and bring the arrested person before that court immediately

CCP 23.02 What information must a capias have?

It is run in the name of "The State of Texas"
The name of the person being arrested, but if unknown a descriotion.
Specify the offense
Name the court and time it is returnable
Be dated and attested officially by the issuing authority

CCP 24.01 What is the definition of a subpeonas?

A summons to appear before a court to testify in a criminal action at a specified term of the court or on a specified day, or
1. before an examining court
2. at coroner's inquest
3. before a grand jury
4. at habeas corpus hearing
5 any other hearing a witnesses testimony may be required.

CCP 24.02 what is a Subpoena Duces Tecum

an order to bring any instrument of writing or other thing desired as evidence.

CCP 24.04 How is a Subpoena servered?

Read it in the hearing
Delivering to a witnesses
Electronically transmitting
Mailing a copy certified to last know address

CCP 24. 04 what are the penalties for disobeying a subpoena?

For Felony case subpoena fine not exceeding $500
For For misdemeanor case fine not to exceed $100.

CCP 24.11 what is an "attachment"?

A Writ issued by a clerk of a court under seal, or by any magistrate, or by the foreman of a grand jury, commanding a peace officer to bring a witness before such court.

CCP 24.17 What is the duty of an officer recieving a subpoena?

The officer recieving the subpoena shall execute the same by delivering a copy there of to each witness therein named.
He shall make due return of said subpoena, showing name and date.
If not execute, show why not.

CCP 49.01 what is the definition of an autopsy?

The post mortem examination of the body of a person and examination of the internal organs and structure, to determine the cause of death or nature of any pathological changes that may have contributed to the death.

CCP 49.01 What is the definition of an inquest?

An investigation into the cause and circumstances of a death of a person and a determination, with or without court hearing, as to whether the death was caused by unlawful means.

CCP 49.01 What is the definition of an institution?

Any place where health care services are rendered.

CCP 49.04 When do deaths require an inquest?

Person dies in prison

A person dies from unnatural death from a cause other than legal execution

The body or a body part of a person is found and circumstances of death are unknown

Circumstances of the death indicate the cause may be from unlawful means

If a person commits suicide or circumstances indicate suicide

Person dies without being attended by a physician

... Page 627 for rest of list.

CCP 49.04 Who conducts an inquest?

Justice of the peace shall conduct

CCP 49.05 When should an inquest be performed?

Immediately or as soon as possible.

CCP 49.05 Where is an inquest conducted?

1. where the death occurred
2. where the body was found
3. at any other place determined to be reasonable by the justice.

What was the effective date of CCP?

Jan 1, 1966

What is the objective of CCP?

Prevention of and prosecution of crimes against the state.

Make rules of procedure in respect to prevention and punishment intelligible to officers enforcing them and rights of persons affected by them.

Indigent means a person who;

Is not financially able to employ counsel.

A defendent may waive a jury trial regardless of being represented by counsel when ?

charged with a Misdemeanor

No person can be convicted of a felony unless:

The state shows specific evidence of guilt.

Who are Conservator of the Peace through out the state?

Justices of the Tx Supreme Court

Justices of the Court of Appeals

Justices of District Courts

Justices of the Court of Appeals

Quiz 7 Which are not magistrats

Magistrates in general are Judges and Mayors

Quiz 8 Which are the duties of magistrate:

Preserve the Peace within jurisdiction by use of all lawful means

issue all processes intended to aid in preventing and suppressing crime

cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment.

A threat, however communicated:

A. To commit an offense

B. To inflict bodily injury

C. To accuse a person of any offense

D. To expose a person to hatred , contempt or ridicule

E. To harm the credit or business reput of any personF. To take or withhold actionas a publlic servant, or to cause a public servant to take or withhold action

Heatlthy and Safety Code 481.002

A substance, including a drug, an audulterant, and a dilutant. Includes the aggregated weight of any mixture, solution, or other substance containing a controlled substance.

Penal Code 6.03 D pg 10 Penal Code

A person acts with criminnal negligence, or is criminaly negligent, with respect to circumstances surrounding theri conduct or result of their conduct whey they ought to be aware od substantial and unjustifiable risk that the circumstances exist or results will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from standard of care an ordinary person would exercise under all circumstances as viewed from the actors point.

PC 3.01 Criminal Episode

Commission of 2 or more offenses, regardless of whether the harm is directed towards or inflicted upon more than one person or item or property.

A. A firearm or anything manifestly designed, made, or adapted for the purpose of infliction death or serious bodily injury

B. Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury

Includes consent by a person legally authorized to act for the owner. Consent is not effective if;

A. Induced by force threat or fraud

B. Given by a person the actor knows is not leagally authorized to act for the owner

C. Given by a person who by reason of youth, mental disease or defect, or intoxication is know by the actor to be unable to make reasonable dcisions

D. Given soley to detect the commision of an offense.

A. the forbidden conduct

B. the required culpability

C. and required result

D. the negation of any exception to the offense

A. a state

B. a county, municipality, or political subdivision of the state

C. any branch or agency of the state, a county, municipality, or political subdivision

Penal Code 6.03 (a)

A person acts intentionally or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

A person who:

A. has title to the property, possession of the property whether leagal or not, or greater right to possession of the property than the actor

B. Is a holder in due course of a negotiationable instrument

A person elected, selected, appointed, employed, or otherwise designated as one of the following, even if theyy have not quallified for office or assumed there duties:

A. an officer, employee, or agent of gov.

B.a juror or grand juror

C. An arbitrato, refereee, or other personwho is authorized by law or private written agreement to here or determine a cause or controversy

D, an attourny at law or notary public when participating in the performance of a governmental function

E A candidate for nomination or election to a public office

F. A person who is performing a governmental function under claim of right although they are not legally qualified to do so.

A municiple or county jail

A confinement facility operated by or under contract with any division of the TDCJ.

To restrain a person with intent to prevent there liberation by;

A. Secreting or holding them in a place where they are not likely to be found

B. using or threatening to use deadly force

PC 8.04 What is the definition of intoxication?

Means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.

PC 38.01 Custody

A. under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state, another state or the US.
B. under restraint by an agent or employee of a facility that is operated by or under contract with the US and confines persons arrested for, charged with or convicted of a criminal offense.