Texas Code of Criminal Procedure - Article 20.17. How Suspect Or Accused Questioned

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 20.17. How Suspect Or Accused Questioned

Art. 20.17. [389] [440] [428] HOW SUSPECT OR ACCUSED 
QUESTIONED.  (a) The grand jury, in propounding questions to the 
person accused or suspected, shall first state the offense with 
which he is suspected or accused, the county where the offense is 
said to have been committed and as nearly as may be, the time of 
commission of the offense, and shall direct the examination to the 
offense under investigation.
	(b)  Prior to any questioning of an accused or suspected 
person who is subpoenaed to appear before the grand jury, the 
accused or suspected person shall be furnished a written copy of the 
warnings contained in Subsection (c) of this section and shall be 
given a reasonable opportunity to retain counsel or apply to the 
court for an appointed attorney and to consult with counsel prior to 
appearing before the grand jury.
	(c)  If an accused or suspected person is subpoenaed to 
appear before a grand jury prior to any questions before the grand 
jury, the person accused or suspected shall be orally warned as 
follows:
	(1)  "Your testimony before this grand jury is under oath";                    
	(2)  "Any material question that is answered falsely before 
this grand jury subjects you to being prosecuted for aggravated 
perjury";
	(3)  "You have the right to refuse to make answers to any 
question, the answer to which would incriminate you in any manner";
	(4)  "You have the right to have a lawyer present outside 
this chamber to advise you before making answers to questions you 
feel might incriminate you";
	(5)  "Any testimony you give may be used against you at any 
subsequent proceeding";
	(6)  "If you are unable to employ a lawyer, you have the right 
to have a lawyer appointed to advise you before making an answer to 
a question, the answer to which you feel might incriminate you."

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.  
Amended by Acts 1989, 71st Leg., ch. 1065, Sec. 4, eff. Sept. 1, 
1989.

Texas Lawyers

• Doug Goyen Dallas - Fort Worth Injury Lawyer.
• Wigington Rumley Houston Injury Lawyer.
• JT Borah Denton Divorce Lawyer.
• Helbing Firm Dallas Business Attorney.
• Hersh Law Firm Dallas Employment Lawyer.
• Nancy Kennedy Dallas Criminal Defense Lawyer.
• John O. Kain Houston Mediator.
• Forman Law Firm Texas Securities Lawyer.
• Francisco G. Medina Houston Personal Injury Lawyer.
• Anderson & Jones Dallas Business Attorney.
• Derk A. Wadas Dallas Criminal Defense Attorney.
• J. Michael Clay San Antonio Family Lawyer.

Last modified: August 10, 2007