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TCLEOSE-CCP
Code of Criminal Procedure ***NOT OFFICIAL STUDY GUIDE***
| Question | Answer |
|---|---|
| Which of the following is NOT a Magistrate Recorders of Incorporated Cities, District Attorneys, Justices of the Peace or Supreme Court Justices? | District Attorneys |
| If a Peace officer refuses to execute a Legal Process direct to him by the court, he or she is liable for? | A fine of Not less than $10 or more than $200. |
| The STATE court with final appellate jurisdiction in Death Penalty cases is? | Texas Court of Criminal Appeals |
| Appeals from County Court are heard in the ____? | Court of Appeals. |
| Misdemeanor Cases to be tried in Justice Court MUST be filed in___? | The precinct where the offense occured. |
| Which of the following is correct (statute of Limitations)? Manslaughter - 20yrs Theft By Public Servant - 10yrs Burlary - 10Yrs Misdemeanor - 3yrs | Theft by Public servant (Manslaughter-None, Burglary-5yrs, Misdemeanor-2yrs) |
| When Can a Witness be committed to Jail | When they deliberately falsify an address. |
| Security given by accused person that they will appear and answer the charge before the proper court is? | Bail |
| Who is NOT competent to testify in a criminal Case? | A person diagnosed as clinically insane at time of trial. |
| What court has Original Jurisdiction in Criminal FELONY cases, Misdemeanors involving official misconduct, and properly transferred cases from other jurisdictions? | District Court |
| Which of the following is NOT true about a dying Declaration: Must come from Robbery victim, person must have no hope, person must be of sane mind, declaration must be voluntary | Declaration must come from the victim of a robbery. |
| Who is responsible for conducting an INQUEST of an alleged Suicide occuring at a private residence? | The Justice of the Peace |
| The following people can accept bail in FELONY cases except: The Sheriff, A municipal Police Officer, A DPS Trooper, A deputy Sheriff, or All of them, because only courts can accept bail. | A Municipal Police Officer. |
| what court has "Original Jursidiction ovr all misdemeanor cases (over $500) except those involving Official misconduct? | County Court. |
| Which one of the following isn't a Peace Officer: Alcoholic Beverage Commission agents, Arson investigators, Private Security officers commissioned by the Texas board of Private investigators & Security Agency, Municipal Park & Rec patrolmen and Sec OFCs | Private Security officers commissioned by the Texas board of Private investigators & Security Agency |
| What is the Highest Texas Criminal Court? | Texas Court of Criminal Appeals. |
| What is the statute of Limitations for Burglary? | Five Years. |
| Who does NOT have to be a licensed Peace officer to execute the duties of his office? | County Sheriff |
| What is the Formal Accusation of Guilt used in Misdemeanor actions? | A COMPLAINT |
| Who signs the indictment accusing aperson of a crime? | The Foreman of the Grand Jury |
| When does an Inquest NOT need to be held for a deceased person? | If the person dies while attended to by a physician and the cause of death is known. |
| Who of the following are peace officers in Texas: Apprehension specialist with TX Youth Commission, Public Junior college Officers, Texas Racing Commission Stewards & Judges, Texas Board of Pharmacy officers or ALL of them? | All of them. |
| What Article # states a Peace officers duty to prevent Injury? | Art #6.06 |
| Article 2.12 states an Officer of a water-control district is a peace officer - TRUE/FALSE? | TRUE |
| What is needed by the officer on scene to arrest an out-of-state fugative? | verification of the existence of the warrant (Via TCIC/NCIC etc...) |
| A commitment is a court order to____? | Place an accused in jail. |
| How are municipal court subpoenas executed? | The same way a Justice Court Subpoena is executed. |
| Is unlawfully seized evidence without a warrant admissible in court if obtained in good faith? | NO!!! |
| The amount of Bail an accused is required to post is dependant on? | The nature of the offense, the circumstances of the offense and the accused's ability to make bail. |
| Article 18.16 of the CCP give officers the authority to prevent____? | Consequences of theft. |
| "Against the Peace & Dignity of the State" must appear on what legal documents? | All Writs and Processes. |
| What is an officer REQUIRED to do when investigating a Family Violence Case? | give a written notice to the alleged victim of their rights. |
| which is NOT an exception to requirements for an arrest warrant: offense reported by credible citizen, offense occuring in officers view, on the Verbal order of a Magistrate, on Probable Cause to believe a protective order violation has occured? | Any offenses reported by credible citizen. |
| Arrest warrants issued by a magistrate can be executed in any part of the state except. | Those warrants issued by Mayors of incorporated Cities (because most are not Lawyers) |
| Warrants issued to photograph a child are considered to be____? | Search warrants. (and typically require a lot of probable cause by magistrates before being signed off on) |
| which of the following statements is NOT true about search warrants: May be directed to Fire Marshal, Must be executed w/in 1wk of issuance, can be executed even if owner isn't present, officer must complete inventory of everything seized? | Must be executed within one week. (must be executed within 3days of issuance not counting day of issuance and day of execution.) |
| The end result/effect of a Capias is the same as an ____? | Arrest warrant. |
| If a person fails to appear when summond to testify by subpoena they are subject to ____? | A fine of not more than $500 in a felony case. |
| if an officer asks a civillian for assistance in effecting an arrest and the civillian refuses what penal code offense has the civillian broken? | None, no criminal offense has been committed. |
| What action should an officer take when a civillian refuses to assist in effecting an arrest? | make a report to the county or district attorney. |
| a peace officers duties are to | preserve the peace in their jurisdiction, obey orders of a magistrate and protect property and prevent injury or crime, take possession of missing or runaway child. |
| Who conducts inquests in Criminal Homicide Cases? | Justice of the Peace |
| What court has original jurisdiction for felony cases in Texas? | District courts |
| Whenever a peace officer meets a resistance in making an arrest or search the officer may | call upon as many citizens as necessary to aid in the arrest or search. |
| which of the following is NOT a Magistrate: District Attorney, Municipal Judge, Juvenile Judged, Mayor, Clerk of the Court? | District Attorney |
| which of the following isn't a Texas Peace Officer: officer at a Water control District, Officer at an Airport, Fire marshal of a Municipality, FBI Agent, Director of DPS? | FBI Agent |
| Who are declared by law as the "Conservators of the Peace" in Texas | County Sheriff |
| which of the following is a duty of EVERY peace officer: Preserver the peace, Interfere without warrant to supress/prevent crime, execute processes issued by magistrates or Give notice to Magistrate of all offenses committed in their jurisdiction? | All of them |
| What court is the highest appellate court in TX for Criminal cases? | Texas Court of Criminal Appeals. |
| What is the Highest appellate court in TX for Civil Cases? | Texas Supreme Court. |
| what court has "original jursidiction" for Class A&B misdemeanor cases? | County Court (not county court at law if its an optional answer) |
| If a Criminal case is tried in JP court and is appealed the ____ Court hears the appeal? | County Court. |
| What courts have "Original Jurisdiction" for Class-C misdemeanors? | JP courts (outside city limits but inside the county) and Municipal courts (in city limits) |
| what is an investigation int the cause and circumstances of the death of a person with a determination as to whether the death was caused by unlawful act or omission? | An inquest |
| What official is authorized by the CCP to call any military company in a county to aid in overcoming resistance and if necessary seizing/arresting persons engaged in such resistance? | County Sheriff |
| a group of people are assembled together in a manner constituting a riot. who is charged by law with causing such persons to disperse by command or arrest of those engaged with or without a warrant? | Any Peace Officer. |
| What is the Statute of Limitations for "Theft by a Public Servant of governmental property over which he exercises control in an official capacity? | 10yrs. |
| What is the Statute of Limitations for Theft, Burglary, Robbery, Kidnapping, Injury to Child or Elderly (unless F1 under PC 32.51)Child endangerment/abandoment, Insurance Fraud | 5yrs. |
| Unless otherwise stated in the CCP (for longer) the statute of limitations for felony offenses is____? | 3yrs. |
| What is the Statute of Limitations for Misedemeanors? | 2yrs. |
| which of the following's used to determine bail amounts in individual cases: High enough to ensure compliance with, The nature/circumstances the offense was committed under, proof of ability to make bail, future security of victim/community, All of above? | ALL OF THEM. |
| Who may accept bail in a misdemeanor case? | Any Peace Officer. |
| Who may accept bail in a Felony Case? | Any Peace officer except a municipal Peace Officer. |
| In a county with NO medical examiner or M.E. District, who is repsonsible for conducting investigation of cause of death when cause is not known or ascertainable by a medical doctor? | The Justice of the Peace. |
| A person charged in a death and arrested under a warrant of the Justice of the Peace May ____? | Not be removed for the officer's custody on authority of a warrant from another Magistrate (They get him after were done with him so to speak). |
| When a sheriff holding an individual in jail/prison receives a _____ , they must bring the detained person before the court and show just cause as to why the person is being held in custody? | Writ of Habeas Corpus. |
| Who isn't a peace officer: Probation Officer, Deputy Sheriff, Attorney General Investigators, Officers appointed by appellate court or officers commissioned by the State Fire Marshal? | Probation Officers |
| IAW Art #49.18, who conducts investigations to determine cause of death of a person confined to a penal institution or in the custody of a peace officer? | The Sheriff, Person in Charge of the Institution, Director of the Law Enforcement Agency the officer is a member of. (not local police detectives). |
| which court has jurisdiction over misdemeanor cases involving "official Misconduct"? | District Court. |
| if a person commits suicide, whi s charged by law to investigate the inquest if the incident occured at a private residence? | The Justice of the Peace. |
| Who can prevent "consequences of Theft"? | Department store employees, Department store customers, Owner of the Department store or a Peace Officer. |
| A Subpoena that orders a person to appear as a witness and to produce items of evidence in their possession is a ____ | Subpoena duces Tecum. |
| What is THE HIGHEST Appellate Court? | U.S. Supreme Court. |
| Which court has jurisdiction for Class A & B Misdemeanors? | County Court-at-law. |
| which of the following orders direct a peace officer to appear in court as a witness: Subpoena, Capias, Writ of Mandamus, Writ of Habeas Corpus or Warrant? | Subpoena. |
| which of the following court orders is signed by a cler of the court: Bail, Information or Indictment, Bond, Citation or Capias? | Capias. |
| Holding a person for a limited time, who is not as yet, answerable to a criminal offense is considered _____? | Temporary detention. |
| An examination of a mans house, other building, premises etc with a view to discover contraband, illicit or stolen proper or other evidence of guilt (of things not in plain view) for purpose of prosecution is a? | Search. |
| The area generally considered to be the area of open space surroinding a dwelling that is not imediately adjacent to the dwelling that is considered part of the house is called? | Curtliage. |
| The Level of Proof Needed for Conviction in a Criminal Case is___? | Proof beyond a reasonable Doubt. |
| The Level of Proof Needed for Conviction in a Civil Case is___? | Proof by a preponderance of the evidence. |
| The court having First jurisdiction is said to have _____ Jurisdiction? | Original Jurisdiction. |
| The court that adjudicates cases involving imprisonment-Felony, Official Misconduct-Class A and other referred cases from county court is the ____? | District Court. |
| The court of Jurisdiction in cases involving Jail (Class A & B Misdemeanors) as punishment is the ____? | County Court. |
| Court of Jurisdiction involving Class C Misdemeanors is the ____ Court? | Justice of the Peace AND the Municipal Courts. |
| All Death Penalty Cases require an Automatic appellate review by ____? | The Texas Court of Criminal Appeals. |
| The Affadavit made before the magistrate or district or county attorney charging the commission of an offense is called a ____? | Complaint. |
| The security Given by the accused that they will appear and answer before the court in regards to the accusations brought against them is call? | Bail. |
| Which of the following is NOT a Magistrate: Master appointed by a District Judge of Lubbock County, City Mayor, Recorder of an incorporated City/town, A district Attorney or Texas Supreme Court Justice? | A district Attorney. |
| An Alcohol, tobacco and Firearms Agent is? | NOT a Texas Peace Officer! |
| What is the Highest appelate Court for Civil Cases in Texas? | Texas Supreme Court. |
| which of the following is NOT a Texas Peace Officer: Officer of a water control district, Officer at an Airport, Fire Marshal (Municipal), FBI Agent, or Director of TX DPS. | FBI Agent. |
| Which of the Following is not a Magistrate: county Clerk, Masters appointed by Statutory Probate Court Judges, Mayors or Recorders of the Municipal Court? | County Clerk. |
| According to the CCP, who is NOT a magistrate: Recorder of Incorporated Cities, Justice of Peace, Supreme Court Justice or District Attorneys? | District Attorneys. |
| Which of the following are not Texas Peace Officers: District Attorney Investigators, TABC Agents, Arson Investigators, or ATF Agents? | ATF Agents. |
| According to the CCP the Court of Criminal Appeals does NOT ____? | Review Decisions of Civil Cases. |
| According to the CCP, _____ Courts have original jurisdiction of all Misdemeanors of which exclusive Jurisdiction isn't given to the Justice Court when Fines exceed $500? | County. |
| According to the CCP, A peace officer investigating a Family Violence incident/allegation shall advise any adult victim of reasonable means to prevent further violence how? | Giving Written Notice of a Victim's Legal Rights. |
| According to the CCP, which of following isn't a Use of Force option to disperse riots: Commands to disperse, Arrest with warrant, Arrest without warrant or Any degree of Force. | Any Degree of Force. |
| An affadavit made before a Magistrate charging the commission of an offense is called a | Complaint. |
| The Security Given by an Accused person that they will appear and answer as to the accusations against them is known as ____? | Bail. |
| A written statement of a Grand Jury accusing a person of an offense is an? | Indictment. |
| A person is arrested when the person has been ____? | Taken into Custody. |
| W written statement filed and presented on behalf of the "State of Texas" by a District Attorney charging a person with an offense that may be prosecuted according to law is called an | "Information" |
| A peace officer from another state MAY pursue a fleeing person into Texas and arrest them here, IF the person is suspected of committing a ____? | Felony Offense in the other state. |
| The time allowed for the execution of a search warrant shall be ____ whole days excluding the day of issuance and the day of execution? | 3days. |
| Which court has original jurisdiction over ALL Felony Cases? | District Court. |
| What is a Writ issued by a court directing any peace officer in the state commanding him to arrest a person accused of an offense and bring him before the court IMMEDIATELY called? | a CAPIAS. |
| Appeals from the justice Court are heard by the ____ Court? | County. |
| what is a written order from a Magistrate directed to a peace officer commanding them to take a person accused of an offense TO BE DEALT WITH ACCORDING TO LAW. | Arrest warrant. |
| A Law Enforcement initiated action based on an individual's ethnicity or national origin, vs their behavior is ____? | Racial Profiling. |
| Whenever a peace officer meets with resistance in discharging his duty, he _____ command a sufficient number of citizens of his county to overcome the resistance. | SHALL. |
| According to the CCP a Magistrate may extend the detention period on a person arrested in the prevention of family violence by a period NOT to excede ____ Hours? | 48hrs. |
| A peace officer _____ arrest without a warrant a person the officer has PC to believe has violated a protective order, if the offense is committed in the presence of the officer? | SHALL. |
| According to the CCP a Peace officer MAY request a magistrate order for Emergency protection at a defendants appearance before a magistate after an arrest for____? | an offense involving Family Violence. |
Created by:
wagner.jeff.m
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