Texas Code Of Criminal Procedure Title 1, Chapter 16 - The Commitment Or Discharge Of The Accused
- Texas Article 16.01 - 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...
- Texas Article 16.02 - Examination Postponed
The magistrate may at the request of either party postpone the examination to procure testimony; but the accused shall in the meanwhile be detained in...
- Texas Article 16.03 - Warning To Accused
Before the examination of the witnesses, the magistrate shall inform the accused that it is his right to make a statement relative to the accusation...
- Texas Article 16.04 - Voluntary Statement
If the accused desires to make a voluntary statement, he may do so before the examination of any witness, but not afterward. His statement shall...
- Texas Article 16.06 - Counsel May Examine Witness
The counsel for the State, and the accused or his counsel may question the witnesses on direct or cross examination. If no counsel appears for...
- Texas Article 16.07 - Same Rules Of Evidence As On Final Trial
The same rules of evidence shall apply to and govern a trial before an examining court that apply to and govern a final trial. Acts...
- Texas Article 16.08 - Presence Of The Accused
The examination of each witness shall be in the presence of the accused. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
- Texas Article 16.09 - Testimony Reduced To Writing
The testimony of each witness shall be reduced to writing by or under the direction of the magistrate, and shall then be read over to...
- Texas Article 16.10 - Attachment For Witness
The magistrate has the power in all cases, where a witness resides or is in the county where the prosecution is pending, to issue an...
- Texas Article 16.11 - Attachment To Another County
The magistrate may issue an attachment for a witness to any county in the State, when affidavit is made by the party applying therefor that...
- Texas Article 16.12 - Witness Need Not Be Tendered His Witness Fees Or Expenses
A witness attached need not be tendered his witness fees or expenses. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
- Texas Article 16.13 - Attachment Executed Forthwith
The officer receiving the attachment shall execute it forthwith by bringing before the magistrate the witness named therein, unless such witness shall give bail for...
- Texas Article 16.14 - Postponing Examination
After examining the witness in attendance, if it appear to the magistrate that there is other important testimony which may be had by a postponement,...
- Texas Article 16.15 - Who May Discharge Capital Offense
The examination of one accused of a capital offense shall be conducted by a justice of the peace, county judge, county court at law, or...
- Texas Article 16.16 - If Insufficient Bail Has Been Taken
Where it is made to appear by affidavit to a judge of the Court of Criminal Appeals, a justice of a court of appeals, or...
- Texas Article 16.17 - Decision Of Judge
After the examining trial has been had, the judge shall make an order committing the defendant to the jail of the proper county, discharging him...
- Texas Article 16.18 - When No Safe Jail
If there is no safe jail in the county in which the prosecution is carried on, the magistrate may commit defendant to the nearest safe...
- Texas Article 16.19 - Warrant In Such Case
The commitment in the case mentioned in the preceding Article shall be directed to the sheriff of the county to which the defendant is sent,...
- Texas Article 16.20 - "Commitment"
A "commitment" is an order signed by the proper magistrate directing a sheriff to receive and place in jail the person so committed. It will...
- Texas Article 16.21 - Duty Of Sheriff As To Prisoners
Every sheriff shall keep safely a person committed to his custody. He shall use no cruel or unusual means to secure this end, but shall...
- Texas Article 16.22 - Early Identification Of Defendant Suspected Of Having Mental Illness Or Mental Retardation
(a) (1) Not later than 72 hours after receiving credible information that may establish reasonable cause to believe that a defendant committed to the sheriff's...
Last modified: September 28, 2016