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BPOC #73 CCP

Code of Criminal Procedure Study Cards

QuestionAnswer
Define Indigent Unable to afford counsel/attorney
If someone is appointed counsel, how many days is the counsel entitled to prepare for trial? 10 Days
May a defendant voluntarily waive his/her right to counsel? Yes
No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the......? Due course of the law of the land
What is the purpose of the CCP? Embrace rules applicable to the prevention and prosecution of offenses against the laws of this State. Make rules of procedure in respect to the prevention and punishment of offenses
What is the effective date of the CCP? January 1, 1966
What are the 7 rights of the accused? Speedy/public trial by an impartial jury, right to know charges, right to remain silent, right to confront witnesses,obtain witnesses in his favor, right to be heard by himself or counsel, Not held to answer for a felony unless on indictment of grand jury
No person shall be held to answer for a felony unless on _________ of a ___________ Indictment, Grand Jury
The people shall be secured in their persons, houses, papers and possessions from all....? Unreasonable searches and seizures
Anyone can get bail unless it is a _______? Capitol offense where proof is evident
_________ shall never be suspended? Writ of Habeas Corpus
Along with excessive bail and fine, what else is forbidden? Cruel and unusual punishment
True or False - In a capitol felony case where the death penalty is involved, the defendant may waive his right to trial by jury? False
No person can be CONVICTED of a felony, except upon the _______ of a _________ unless the defendant _________ that right. Verdict of a Jury, waives that right
All writs and processes should be written in this style The State of Texas
Are Railroad officers peace officers under 2.12? No
Who is the conservator of the peace in each county? The Sheriff
In Texas, who has final appellate and review jurisdiction in criminal cases? The Court of Criminal Appeals
What is the venue for violation of a protective order? County for which the incident occurred, or where the victim lives
Explain when, for how long, and why a magistrate may extend a defendants detention for a family violence offense 4hrs after bond has been made, may extend for an additional 48 hours if: violence would continue when released, probable cause of offense, during 10yr period preceding the date of instant offense, arrested for family violence,any other offense with deadly
Is a security officer commissioned by the comptroller a peace officer? Yes
What is an Inquest? An investigation into the cause and circumstances of the death of a person
What is Bail? The security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond
What is a Capias? Commanding a peace officer to arrest a person accused of an offense and bring the arrested person before that court immediately or on a day at a term stated in the writ
What is a Complaint? The affidavit made before the magistrate or district or county attorney charging the commission of an offense
What are the Duties and Powers of peace officers under Art. 2.13? Interfere without warrant to prevent or suppress crime, execute all lawful processes issued, give notice to some magistrate of all offenses committed, arrest offenders without warrant in every case where the officer is authorized by law
What is the duty of the peace officer in family violence cases? Protect any potential victim of family violence, enforce the law of this state, enforce any protective order, make lawful arrests of violators. Inform victim of all reasonable means to prevent further violence
What is the duration of a protective order? Unless stated in the protective order, 2 years
What is the statue of limitations for Murder, Manslaughter, sexual assault with DNA, continuous sexual abuse of young child or children, indecency with a child, leaving the scene of an accident where death occured? No limitation
What is the statue of limitations for theft by a public servant, theft of any estate, real, personal or mixed, forgery, injury to an elderly or disabled, arson, compelling prostitution? 10 Years
What is the statue of limitations for money laundering, credit/debit card abuse, medicaid fraud, fraudulent use or possession of identifying information, false statement to obtain property or credit? 7 Years
What is the statue of limitations for theft, robbery, insurance fraud, abandoning or endangering a child? 5 Years
Statue of limitations for all other felonies not stated in 12.01? 3 years
Statue of Limitations for all Misdemeanors? 2 Years
Created by: Travis87