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Texas Code of Criminal Procedure - Article 16.01. Examining Trial

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 16.01. Examining Trial

Art. 16.01. [245] [292] [280] EXAMINING TRIAL.  When the 
accused has been brought before a magistrate for an examining trial 
that officer shall proceed to examine into the truth of the 
accusation made, allowing the accused, however, sufficient time to 
procure counsel.  In a proper case, the magistrate may appoint 
counsel to represent an accused in such examining trial only, to be 
compensated as otherwise provided in this Code.  The accused in any 
felony case shall have the right to an examining trial before 
indictment in the county having jurisdiction of the offense, 
whether he be in custody or on bail, at which time the magistrate at 
the hearing shall determine the amount or sufficiency of bail, if a 
bailable case.  If the accused has been transferred for criminal 
prosecution after a hearing under Section 54.02, Family Code, the 
accused may be granted an examining trial at the discretion of the 
court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.  
Amended by Acts 1987, 70th Leg., ch. 140, Sec. 4, eff. Sept. 1, 
1987.

Last modified: August 11, 2007