|
|
Court OpinionsState LawsUS CodeUS Constitution |
Texas Code of Criminal Procedure - Chapter 45 Justice And Municipal CourtsLegal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Chapter 45 Justice And Municipal Courts Sponsored LinksThe purpose of this chapter is to establish procedures for processing cases that come within the criminal jurisdiction of the justice courts and municipal courts. ... Criminal proceedings in the justice and municipal courts shall be conducted in accordance with this chapter, including any other rules of procedure specifically made applicable ... For purposes of dismissing a charge under Section 502.407 or 548.605, Transportation Code, "day" does not include Saturday, Sunday, or a legal holiday. Added by ... The rules of evidence that govern the trials of criminal actions in the district court apply to a criminal proceeding in a justice or municipal ... (a) Notwithstanding any other provision of law, a document that is issued or maintained by a justice or municipal court or a notice or a ... (a) Notwithstanding any other law, for the purposes of this chapter a document is considered timely filed with the clerk of a court if: (1) ... (a) When a sworn complaint or affidavit based on probable cause has been filed before the justice or municipal court, the justice or judge may ... Whenever, by the provisions of this title, the peace officer is authorized to retain a defendant in custody, the peace officer may place the defendant ... The justice or judge may require the defendant to give bail to secure the defendant's appearance in accordance with this code. If the defendant fails ... (a) The justice or judge of each court, or, if directed by the justice or judge, the clerk of the court, shall keep a docket ... (a) For purposes of this chapter, a complaint is a sworn allegation charging the accused with the commission of an offense. (b) A defendant is ... (a) A complaint is sufficient, without regard to its form, if it substantially satisfies the following requisites: (1) it must be in writing; (2) it ... (a) The defendant has a right to appear by counsel as in all other cases. (b) Not more than one counsel shall conduct either the ... All pleading of the defendant in justice or municipal court may be oral or in writing as the court may direct. Acts 1965, 59th Leg., ... (a) If a defendant is younger than 17 years of age and has not had the disabilities of minority removed, the judge or justice: (1) ... (a) In this article, "child" has the meaning assigned by Section 51.02, Family Code. (b) A person convicted of not more than one offense described ... Proof as to the offense may be heard upon a plea of guilty or a plea of nolo contendere and the punishment assessed by the ... After the jury is impaneled, or after the defendant has waived trial by jury, the defendant may: (1) plead guilty or not guilty; (2) enter ... The justice or judge shall enter a plea of not guilty if the defendant refuses to plead. Acts 1965, 59th Leg., vol. 2, p. 317, ... The accused may waive a trial by jury in writing. If the defendant waives a trial by jury, the justice or judge shall hear and ... (a) A justice or municipal court may order a party who does not waive a jury trial in a justice or municipal court and who ... (a) If the accused does not waive a trial by jury, the justice or judge shall issue a writ commanding the proper officer to summon ... If, from challenges or any other cause, a sufficient number of jurors are not in attendance, the justice or judge shall order the proper officer ... In all jury trials in a justice or municipal court, the state and each defendant in the case is entitled to three peremptory challenges. Acts ... The justice or judge shall form the jury and administer the appropriate oath in accordance with Chapter 35. Acts 1965, 59th Leg., vol. 2, p. ... If the state is not represented by counsel when the case is called for trial, the justice or judge may: (1) postpone the trial to ... If, upon the trial of a case in a justice or municipal court, the state fails to prove a prima facie case of the offense ... The judge shall charge the jury. The charge may be made orally or in writing, except that the charge shall be made in writing if ... The jury shall retire in charge of an officer when the cause is submitted to them, and be kept together until they agree to a ... A jury shall be discharged if it fails to agree to a verdict after being kept together a reasonable time. If a jury is discharged ... (a) When the jury has agreed on a verdict, the jury shall bring the verdict into court. (b) The justice or judge shall see that ... A motion for a new trial must be made within one day after the rendition of judgment and sentence, and not afterward. Acts 1965, 59th ... (a) Not later than the 10th day after the date that the judgment is entered, a justice or judge may, for good cause shown, grant ... Not more than one new trial shall be granted the defendant in the same case. When a new trial has been granted, the justice or ... In no case shall the state be entitled to a new trial. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from Vernon's ... (a) The judgment and sentence, in case of conviction in a criminal action before a justice of the peace or municipal court judge, shall be ... (a) Appeals from a justice or municipal court, including appeals from final judgments in bond forfeiture proceedings, shall be heard by the county court except ... (a) If the court from whose judgment and sentence the appeal is taken is in session, the court must approve the bail. The amount of ... (a) When the appeal bond has been filed with the justice or judge who tried the case not later than the 10th day after the ... When a defendant files the appeal bond required by law with the justice or municipal court, all further proceedings in the case in the justice ... (a) A justice or judge may enter a judgment of conviction and forfeit a cash bond posted by the defendant in satisfaction of the defendant's ... (a) If the defendant is not in custody when the judgment is rendered or if the defendant fails to satisfy the judgment according to its ... (a) When a judgment and sentence have been entered against a defendant and the defendant defaults in the discharge of the judgment, the judge may ... If after a judgment and sentence is entered the defendant defaults in payment of a fine, the justice or judge may order the fine and ... (a) A defendant placed in jail on account of failure to pay the fine and costs shall be discharged on habeas corpus by showing that ... (a) A justice or judge may require a defendant who fails to pay a previously assessed fine or costs, or who is determined by the ... (a) In this article, "child" has the meaning assigned by Article 45.058(h). (b) A justice or municipal court may not order the confinement of a ... (a) On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by fine ... (a) Except as provided by Subsection (a-1), this article applies only to an alleged offense that: (1) is within the jurisdiction of a justice court ... (a) A justice or municipal court may defer proceedings against a defendant who is under the age of 18 or enrolled full time in an ... (a) On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by a ... (a) On a finding by a county, justice, or municipal court that an individual has committed an offense under Section 25.094, Education Code, the court ... (a) An individual convicted of not more than one violation of Section 25.094, Education Code, may, on or after the individual's 18th birthday, apply to ... (a) On approval of the commissioners court, city council, school district board of trustees, juvenile board, or other appropriate authority, a county court, justice court, ... (a) In this article: (1) "Child" has the meaning assigned by Article 45.058(h). (2) "Residence" means any place where the child lives or resides for ... (a) A child may be released to the child's parent, guardian, custodian, or other responsible adult as provided by Section 52.02(a)(1), Family Code, if the ... (a) A peace officer taking into custody a person younger than 17 years of age for violation of a juvenile curfew ordinance of a municipality ... (a) Except as provided by Articles 45.058 and 45.059, an individual may not be taken into secured custody for offenses alleged to have occurred before ... (a) All prosecutions in a justice court shall be conducted by the county or district attorney or a deputy county or district attorney. (b) Except ... Whenever complaint is made before any justice of the peace that a felony has been committed in any other than a county in which the ... If a criminal offense that a justice of the peace has jurisdiction to try is committed within the view of the justice, the justice may ... (a) All prosecutions in a municipal court shall be conducted by the city attorney of the municipality or by a deputy city attorney. (b) The ... (a) All process issuing out of a municipal court may be served and shall be served when directed by the court, by a peace officer ... (a) The governing body of each municipality shall by ordinance prescribe rules, not inconsistent with any law of this state, as may be proper to ... Last modified: August 11, 2007 |