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TCLEOSE-CCP

Code of Criminal Procedure ***NOT OFFICIAL STUDY GUIDE***

QuestionAnswer
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