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T3 CCP

QuestionAnswer
A person who is not financially able to employ counsel Indigent
An appointed counsel is entitled to ___ days to prepare for a proceeding but may waive prep time with consent of the defendant. 10 days
An eligible indigent defendant is entitled to have the trial court appoint an attry in ________. A Habeas Corpus proceeding if the court concludes that the interest of justice require representation
Without basis in law or fact and not warranted by a good faith argument for the extension, modification, or reversal of existing law Groundless
A writ of rights and shall never be suspended Writ of Habeas Corpus
Senators and Reps shall (except in case of treason, felony, BofP) be privileged from arrest during sessions of Legislature, & in going to & returning from the same, allowing ___ day for every ___ miles member may reside from place which Legis is convened. 1 day for every 20 miles
Duty of magistrates Preserve peace wi jurisdiction by use of all lawful means. Issue all process intended to aid in preventing & suppressing crime. Cause arrest of offenders by use of lawful means
Who are Peace Officers (1) Sheriff. Deputy. Reserve Dep hold perm PO lic. Constable. Dep Const. Res Dep Const hold perm PO Lic. Marshal. Police. Res municipal Police hold perm PO lic. Rangers/officer under PSC & Dir of DPS. Investigators of DA, Crim DA, & County DA.
Who are Peace Officers (2) LEA of ABC. LE officers under Parks & Wildlife. Municipal Park&Rec Patrol/Security. Co Park Rangers
Who are Peace Officers (3) Officers commiss by: Water Control & Improvement District. Board of Trustees Transportation.
Who are Peace Officers (4) commissioned by Board of Mgrs of Hospital Districts? Officers commissioned by: Bexar Co Hosp Dist. Dallas Co HD. El Paso Co HD. Tarrant Co HD. Also Officer emp by Dept of State Health Serv.
Who are Peace Officers (5) commissioned by Board of Directors of Hospital Districts? Officers commissioned by: Ector Co HD. Midland Co HD. Also officers commiss by State Board of Dental Examiners
Who are Peace Officers (5) Investigator employed by TX Racing Commiss. Officers under Metro Rapid Transit Authority. Investigator under Attrny Gen. Officer appoint by Appellate Court. Sec Off & Invest commiss as PO.
Who are Peace Officers (6) Invest commiss by commiss of insurance. Apprehension Spec & Inspectors commiss by TX Juvenile Justice Dept. Officers appointed by inspector general of TDCJ. Invest commiss by TCLE. Security/Investigators commiss as PO by comptroller.
Who are Peace Officers (7) Commiss invest commissioned by TX Private Security Board. Invest commiss by Texas Juvenile Justice Dept. Officer under Education Code/Gen Services Commiss.
Who are Peace Officers (8) Airport Police/Security. Member of Arson invest unit. Officer commiss by ST Fire Marshal. Fire Marshal & any officers, inspectors, investigators commiss by Emerg Serv Dist or County.
Who are Special Investigators that have the power of arrest, search and seizure to felony offenses only but not a PO? Special Agents of the: FBI. Secret Service. US Immigration & Customs Enforcements. Bureau of ETOH, Tobacco, Firearms, & Explosives. US Drug Enforcement Administration. Criminal Invest Div of the IRS. US Dept of State, Bureaus of Diplomatic Security.
Who are Special Investigators that have the power of arrest, search and seizure to felony offenses only but not a PO? Special Agents of the: Treasury Inspector Gen for Tax Admin.Office of Inspector Gen of US SSA. Office of Inspector Gen of US Dept of VA.
Who are Special Investigators that have the power of arrest, search and seizure to felony offenses only but not a PO? Inspectors of US Postal Inspection Service. Civilian SA of US Naval Criminal Investigative SErvice. Marshals & Deputy Marshals of US Marshals Service. Po Off w Office of Security & LE of US Dept of VA.
What Special Investigators that can arrest, search, & seize but are not a Peace Officers? (1) Sec personnel working @ commercial nuclear power plant. Prsn designated as Special policeman by Fed Protective Services division of Gen Services Admin. Commiss LEO of Nat'l Park Service. SA or LEO of US Forest Service.
What Special Investigators that can arrest, search, & seize but are not a Peace Officers? (2) Customs & Border Protection Officer or Border Patrol Agent of US Customs & Border Protection or Immigration Enforcement Agent or Deport off of Dept of Homeland Sec.
What powers do Special Agents of the Secret Service have? Arrest, search, seizure, as to misd & criminal offenses if protecting prsn or investigating a threat against said prsn
When would a PO of an adjoining state have the same powers, duties, and immunities as a PO of this state? When the PO from the adjoining state has physical custody of inmate/defendant & is transporting from county in adjoining state that's on border or returning inmate/defendant form hospital to the county in adjoining state & maintains/regains custody
Can ppl be commissioned as PO for TX from the Alabama-Coushatta Indian Tribe? Yes
Can ppl be commissioned as Special Rangers from TX and Southwestern Cattle Raisers Association? Yes
Duties of Peace Officer Preserve the peace within the officer's jurisdiction
Agency of the state or of a county, municipality, or other political subdivision of the state, that employs POs who make MV stops in routine performance of the officers' official duties Law Enforcement Agency
An occasion in which a PO stops a MV for an alleged violation of a law or ordinance Motor vehicle stop
Of a particular descent, including Caucasian, African, Hispanic, Asian, Native American, or Middle Eastern descent Race or Ethnicity
What info should be reports to the dept when a PO stops a MV Driver's desc (gender/race). Reason for stop. If conducted search & if prsn consented. Any contraband found & descr. Reason for search. Whether arrest was made, incl if made bc violation of PC, Traf or Warrant. Apprx loc of stop. If issued warn/citation.
When PO conducts a search during a MV stop, the PO must report the reason for search, which incl: Any contraband or evidence was in plain view. Any PC or reasonable suspicion existed to perform search. Search performed as result of towing MV or arrest of any prsn in MV.
If the Chief Admin of local LE Agency intentionally fails to submit incident-based data, the agency is liable to the state for __________ Civil penalty in the amt of $1,000 for ea violation. (Art 2.1385 Civil Penalty)
If any sheriff or other officer refuses to execute any summons, subpoena or attachment for a witness or any other legal process, he shall:_______ He is liable to a fine for contempt between $10 and $200 (Art 2.16 Neglecting to Execute Process)
Each ___ shall be a ___ of the peace in his county and shall arrest all offenders against the laws of the state in his view or hearing and take them before the proper court for examination or trial Sheriff. Conservator (Art 2.17 Conservator of the Peace)
When a prisoner is committed to jail by warrant from magistrate or court, he shall be placed in jail by _____. The sheriff
When must a PO write a report Assault. Aggravated Assault. Sexual Assault. Aggravated Sexual Assault. Terroristic Threat. (Art 2.30 Report Concerning Certain Assaultive or Terroristic Offenses)
LE-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged n criminal activity Racial Profiling
What courts have jurisdiction in Criminal Actions? Court of Criminal Appeals. Courts of Appeals. County and County Criminal. Criminal District. District. Bexar, Dallas, Lubbock, Tarrant & Travis Counties. (Art 4.01 What Courts Have Criminal Juris)
When do Courts of Appeals NOT have appellate jurisdiction coextensively (limits of their districts) in criminal cases? When the criminal case is seeking the death penalty Art 4.03 Courts of Appeals)
The Court of Criminal Appeals and ea judge shall have the power to grant and cause the issuance of _______ Writs of Habeas Corpus (Art 4.04 Court of Criminal Appeals)
The Court of Criminal Appeals shall have _____ and review jurisdiction in criminal cases and its determination shall be final. Final Appellate
District courts & Criminal District courts shall have ___ jurisdiction in ___ cases of the grade of ___ of all ___ involving official misconduct and of misd cases transferred to the district court. Original. Criminal. Felony. Misdemeanor. (Art 4.05 Jurisdiction of District Courts)
The County courts shall have ___ jurisdiction of all ___ of which exclusive original jurisdiction is not given to the justice court and when the ___ to be imposed shall ________. Original. Misdemeanors. Fine. Exceed $500. (Art. 4.07 Jurisdiction of County Courts)
The County courts shall have ___ jurisdiction in ____ cases of which justice courts and other inferior courts have original jurisdiction. Appellate. Criminal (Art 4.08 Appellate Juris of County Courts)
Justices of Peace shall have __ jurisdiction in ___ cases punishable by ___ only or punishable by ___ and _______, a sanction not consisting of ____ or ____ or arising out of ___ that do not include ____. Original. Criminal. Fine only or by Fine and Authorized by statue. Confinement or Imprisonment. ABC. Confinement. (Art 4.11 Juris of Justice Courts)
A Municipal Court shall have ___ ___ jurisdiction within the territorial limits of the municipality in all criminal cases that: are punishable by ___ not to ______ that govern fire safety, zoning, or public health and sanitation; ___ in all other cases. Executive Original Jurisdiction. Fine. Exceed $2,000. $500.
What are the primary duties of a PO who investigates a family violence allegation or who responds to a disturbance call that may involve family violence? Protect any potential victim. Enforce protective order. Determine if address of call matches foster home. Advise adult victim of means to prevent further violence. Must give written notice of legal rights & remedies & avail shelter/comm service. (A 5.04)
______ of a PO the officer ___ stay with a victim of fam violence to protect the victim & allow the victim to take personal property in care of the victim to place of safety in orderly manner. In the discretion. May. (Art 5.045 Standby Assistance; Liability)
A PO who investigated a fam violence incident shall __________. Make a written report (Art 5.05 Reports and Records)
When investigating fam violence, the PO must write a report and the report must include: Names of suspect & complainant. Date, time, & loc. Injuries. Descr of incident & statement of disposition. Suspect member of military/active duty. (Art 5.05 Reports and Records)
When investigating fam violence, a report must be made to ___ if the location of the call matches the address of a foster home. The Dept of Fam and Protective Services (Art 5.05 Reports and Records)
How long does a PO have to file a report with the Dept of Fam & Protective Services when a fam violence call is made at a foster care add? Within 24 hrs of the beginning of the investigation or receipt of the disturbance call (Art 5.05 Reports and Records)
What must ea protective order have on it in bold capital letters? A warning to a person who violates the order (Art 7A.06 Warning on Protective Order)
What is the duration of a Protective Order? Under Abuse, Sexual Assault, Stalking or Trafficking, the protective order is lifetime. If a period is not stated on the Pro Order, it is effective for 2 yrs. (Art 7A.07 Duration of Protective Order)
When calling for aid, any officer may call on who for assistance? Who may the sheriff call? PO may call on any citizens of the county. Sheriff may call any military company in the county. (Art 8.01 Officer May Require Aid)
When dispersing a riot, who may the Officer call for aid? The power of the county (Art 8.05 Officer May Call Aid)
Which Felonies do not have a time limitation? Murder and Manslaughter. Sexual Assault if DNA comes back unidentifiable. Sexual Assault of a child. Cont Sexual Abuse of Young Child. Indecency with a Child. Trafficking. Leaving Scene. (Art 12.01 Felonies)
Which Felonies have a 10 yr limitation from the date of the commission of the offense? Forgery. Theft of estate w I to defraud heir. Theft by Pub Serv of govt property. Sexual Assault. Injurty to Elderly or Disabled punishable by 1st deg felony. Trafficking. Compelling Prostitution. Arson. (Art 12.01 Felonies)
Which Felonies have a 7 yr limitation from the date of the commission of the offense? CC or DC abuse. Money laundering. Misapplication of fiduciary property. Securing execution of doc by deception. False statement to obtain property or credit. Fraudulent use of ID info. Medicaid fraud. Bigamy. Felony violation. (Art 12.01 Felonies)
Which Felonies have a 5 yr limitation from the date of the commission of the offense? Theft/Robb. Kidnapp. Burglary. Injury to elderly or disabled that's not punishable as a 1st deg felony. Abandoning/Endangering child. Insurance fraud. (Art 12.01 Felonies)
Which Felonies have a 20 yr limitation from the 18th bday of the victim if the victim < 17 yrs at time of offense? Sexual Performance by a Child. Aggravated Kidnapping if I to abuse sexually. Burglary if I to Sexually Abuse child or Cont Sex Abuse of Young Child. (Art 12.01 Felonies)
Which Felonies have a 10 yr limitation from the 18th bday of the victim if the victim < 17 yrs at time of offense? Bigamy. Compelling Prostitution. Injury to a Child. Trafficking of Persons. (Art 12.01 Felonies)
Which Felonies have a 3 yr limitation from the 18th bday of the victim if the victim < 17 yrs at time of offense? All other felonies (Art 12.01 Felonies)
What's the time limitation for an ____ or information for any Class A or B Misd? Indictment. Within 2 years from date of commission of offense (Art 12.01 Misdemeanors)
What's the time limitation for a ____ or information for Class C Misd? Complaint. Within 2 years from date of commission of offense (Art 12.01 Misdemeanors)
The limitation period for Criminal Attempt is ____as that of the offense attempted. Same. (Art 12.03 Aggravated Offenses, Attempt, Conspiracy, Solicitation, Organized Criminal Activity)
The limitation period for Criminal Conspiracy or Organized Criminal Activity is the ____ as that of the most serious offense that is the object of the conspiracy or the organized criminal activity. Same. (Art 12.03 Aggravated Offenses, Attempt, Conspiracy, Solicitation, Organized Criminal Activity)
The limitation for Criminal Solicitation is the ___ as that of the ___ solicited. Same. Felony. (Art 12.03 Aggravated Offenses, Attempt, Conspiracy, Solicitation, Organized Criminal Activity)
Who can file for a Protective Order? Victim of: Cont. Sex Abuse of Child, Indecency with Child, Sexual Assault, Aggravated Sexual Assault.. Trafficking, Compell Pros. Parent acting behalf prsn <17 victim part1. Parent acting behalf <18 victim part2. Prosecut attny acting behalf. (Art7A.01 App of ProOr)
Created by: elizabeth-mcw