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Texas Criminal Procedure
South Texas College of Law Houston
Crump, Susan Waite

TEXAS CRIMINAL PROCEDURE CRUMP
Spring 2016
 
 
GENERAL OVERVIEW
 
Branches
HPD
jurisdiction
state crimes—anything deemed illegal by legislative code
abilities à arrest for felonies and misdemeanors within city limits (not exclusive but by informal agreement)
of Police: Charles McClellan
wide jurisdiction—take care of Harris county excluding Houston
JX with HPD
by precinct elections
Canallcrimeswithin
County Sheriff: Adrian Garcia
wide precinct elections
one per county
Candoaofficersheriffcando&criminalcivil
of Public Safety (“road guys”)
and Speeding tickets & can still make arrests on felonies and misdemeanors
Thearethe
 
Branches
General
the state in SCOTUS when the constitutionality of a state statute is at issue
state agencies in civil suits
written opinions on TX law (non-binding precedent)
child support, consumer protection, child abuse etc.
office
Fileisisdone
an element or show probable cause
suppress facts or secrete witnesses  3.    Brady Rule: must turn over exculpatory evidence
4.     Harris County DA: Mike Anderson
AssistantDa-s
 
bargain, dismiss & try cases
Specialized Agencies:
and Wildlife
 
AlcoholCommission(TABC)
Policy:isalotofoverlap
Advantagesoversightan
—too many cooks in the kitchen but at least no one is fighting over cases
 
you get a Defense Attorney
 
usually the start of the adversarial process
Usuallyan
retained (out of pocket) or court appointed (paid by the court) if indigent
appointments can have political motives or there’s just a set amount hired per court
Nowthereisaofficecanmisdemeanor,
 
—ability to hear a case
of the Peace
JX with municipal courts
punishable by fine or fine + admin. Sanction (suspension of license etc.)
ClassCfineto$500
 
impose any legal disability or disadvantage
has to be authorized by a statute
doesn’t have to be a lawyer
Noevidenceandusually
in this court, just because it affects another entity/agency in your life does NOT change the original JX
Courts
that arise under the ordinance of the municipality AND with punishments not exceeding $500 OR
of fire safety, zoning, public health or sanitation not exceeding $2K
Class C misdemeanor; forfeiture and final judgement of bail bonds or personal bonds taken in criminal cases of which the court has original JX
Court
JX over class A & B misdemeanor
ClassAayearfine
ClassBto180daysfine
JX in criminal cases in which JP or other inferior courts have original JX
Court
JX over felonies—including state jail felonies and misdemeanors involving official misconduct
instead focusing on jail time based on degree
à life without parole or death penalty
has to be told either of these punishments are mandatory if found guilty
st Degree à prison for 5-99 years or life and may be subject to a fine up to 10K
is so great to account for special circumstances where there may be mitigating factors
jury ability to look at the facts, prior convictions &

uspicion a crime is about to be committed or has been
under restraint
Nolinebetweenformalandstop
if there is not a warrant, there must be probable cause in order for the arrest to be valid
of circumstances to be considered
considered:
—not always definitive
mostly definitive
 
Warrants
Tomakeanyouneed3
à sworn and notarized statements filled out by the officer who wants to make the arrest
facts the officer knows personally or multiple levels of hearsay
must add up to probable cause
à name of person & what crime they are suspected of committing
 
NeitherTXnorlawrequireforBUTTX
th amend. Merely provides that warrants cannot be issued without probable cause, not that the warrant was required
BUTCANNOTarrestinhomea
circumstances and there is no time to get one
There
—written order from a magistrate directed to a peace officer, commanding him to take the body of the accused to be dealt with by the law
in the name of the State of TX
the name of the person or some reasonably definite description
 
the offense accused
by magistrate
à SCOTX, Criminal Appeals, COA, Dist. Cts., and those appointed by judges of Bexar, Dallas, Tarrant and Harris county