Texas Code of Criminal Procedure – Flashcards
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The code of criminal procedure shall take effect and be in force on and after ___.
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January 1, 1966 (CCP 1.02)
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What are the objects of the CCP?
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1)to adopt measures for preventing crime 2)to exclude offender from all hope of escape 3)to insure a trial with as little delay as possible 4)to bring the investigation of each offense on the trial all the evidence to produce conviction or acquittal 5)to insure a fair and impartial trial 6)to execute the sentences of the law when declared
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What is the due course of law?
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that no citizen 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 (CCP 1.04)
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All prisoners shall be bailable unless for ______ when the proof is evident.
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capital offenses (CCP 1.07)
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A search warrant must have probable cause supported by oath or affirmation. T or F
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True (CCP 1.06)
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No person for the same offense shall be tried __ for the same offense.
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twice (CCP 1.10)
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If a defendant has been acquitted upon trial in a court having no jurisdiction of the offense, he may be prosecuted again in a court having jurisdiction. This is known as what?
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acquittal a bar (CCP 1.11)
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A person may waive his/her right to a trial by jury for any offense except a ______.
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capital felony case (CCP 1.13)
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Senators and Representatives shall, except in cases of ___,___, or ___, be privileged from arrest during the session of the legislature.
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treason, felony, breach of the peace (CCP 1.21)
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Senators and Representatives are allowed __day for every __ miles in going to and returning from legislature.
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1 day for every 20 miles (CCP 1.21)
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The proceedings and trials in all courts SHALL be ___.
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public (CCP 1.24)
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When a magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called a(n) ____ _____.
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examining court (CCP 2.11)
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The director of the Department of Public Safety may appoint up to ___ railroad peace officers who are employed by a railroad company.
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250 (CCP 2.121)
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Within counties under 200,000 population, the chief of police of a municipality or sheriff of the county, may appoint up to __ peace officers to serve a place of higher education.
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50 (CCP 2.123)
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The director of the Department of Public Safety may appoint up to __ special rangers who are employed by the Texas and Southwestern Cattle Raisers Assoc.
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50 (CCP 2.125)
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It is the duty of every peace officer to ___ within the officers jurisdiction.
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preserve the peace (CCP 2.13)
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If any officer or sheriff shall willfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process that is his duty by law to execute, he shall be liable to a fine for contempt not less than $__ nor more than $__.
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$10 nor more than $200 (CCP 2.16)
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Wherever a duty is imposed by the code of criminal procedure upon a sheriff, the same duty may lawfully be performed by his __.
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deputy (CCP 2.20)
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The court that has appellate jurisdiction within the limits of their respective districts in all criminal cases except death penalty cases is?
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courts of appeals (CCP 4.03)
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The court that has final appellate and review jurisdiction in criminal cases.
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court of criminal appeals (CCP 4.04)
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The state with final appellate jurisdiction in death penalty cases is?
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court of criminal appeals (CCP 4.04)
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The court that has original jurisdiction in felony criminal cases.
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district courts (CCP 4.05)
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The court that has original jurisdiction of all misdemeanors of which exclusive jurisdiction is not given to the justice court.
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county courts (CCP 4.07)
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What court has original jurisdiction for class A & B misdemeanors?
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county courts (CCP 4.07)
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The court that has appellate jurisdiction in criminal cases of which justice courts and other inferior courts have original jurisdiction.
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county courts (CCP 4.08)
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The court that has original jurisdiction over criminal cases punishable by a fine only or punishable by a fine and a sanction not consisting of confinement or imprisonment and deals with cases outside of a municipalities jurisdiction.
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justice courts (CCP 4.11)
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A court that has exclusive original jurisdiction within its territorial limits in all criminal cases that arise from a city ordinance, are punishable by a fine less than $2,000 or in all other cases less than $500.
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municipal court (CCP 4.14)
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In a misdemeanor case being tried in a justice court, the trial can be held where? (3 places)
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1)precinct offense was committed 2)precinct in which defendant(s) reside 3)with written consent of defendant's attorney, state, and each defendant; in any other precinct within the county (CCP 4.12)
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What is the highest appellate court in Texas for civil cases?
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Texas Supreme Court
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The court having first jurisdiction is said to have __ jurisdiction.
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original
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The primary duty of a peace officer investigating a family violence allegation or responding to a family violence call is to protect any potential ____.
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victims (CCP 5.04)
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A peace officer who investigates or respond to a family violence call shall give written notice of a victim's __ ___.
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legal rights (CCP 5.04)
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A situation in which law enforcement stands by to keep the peace during a civil dispute.
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civil standby (CCP 5.045)
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A peace officer has a duty to prevent an injury or an offense and may call on ___ for help if need be.
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citizens (CCP 6.05 & 6.06)
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Who may file an application for a protective order? (3 things)
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1)a person who is the victim 2)a parent or guardian acting on behalf of a person under 17 3)a prosecuting attorney (CCP 7a.01)
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An application for a protective order may be filed where? (2 places)
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1)the county in which the applicant resides 2)the county in which the alleged offender resides (CCP 7a.01)
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What is a temporary ex parte order?
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temporary emergency protective order (CCP 7a.02)
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Who may call any military company in the county to aid him in overcoming resistance?
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the sheriff (CCP 8.01)
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What is the statute of limitations for murder and manslaughter, sexual assault, sexual abuse of a child, indecency with a child, and leaving the scene of an accident if a death occurred.
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no limitation (CCP 12.01)
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What is the statute of limitations for theft of an estate, forgery, injury to an elderly or disabled person, and arson.
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10 years (CCP 12.01)
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What is the statute of limitations for misapplication of funds, false statement to obtain property, money laundering, or credit or debit card abuse.
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7 years (CCP 12.01)
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What is the statute of limitation for theft or robbery, abandoning or endangering a child, or insurance fraud.
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5 years (CCP 12.01)
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What time limit does a misdemeanor crime have to be prosecuted.
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2 years (CCP 12.02)
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A peace officer may arrest without warrant, when a felony or breach of the peace has occurred in the presence or within view of a ____, and such ___ verbally orders the arrest of the offender.
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magistrate magistrate (CCP 14.02)
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Where it is shown by satisfactory proof to a peace officer, upon representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, a peace officer may pursue and arrest without a warrant. T or F.
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T (CCP 14.04)
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A peace officer in fresh pursuit of a person for the purpose of arresting a person for a felony may continue into this state and arrest the person. T or F
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T (CCP 15.051)
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A written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.
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Warrant of arrest (CCP 15.01)
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What are the requisites of an arrest warrant? (4 things)
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1)It is issued in the name of "The State of Texas" 2)must specify name of person or have some reasonably definite description 3)must state that person is accused of some offense against the laws of the state and name the offense 4)must be signed by a magistrate and his office be named in the body of the warrant (CCP 15.02)
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The affidavit made before the magistrate or district or county attorney charging a person with the commission of an offense.
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complaint (CCP 15.04)
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A warrant of arrest issued by any county or district clerk, or by an magistrate (except a mayor), shall extend to ____.
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any part of the state (CCP 15.06)
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When a warrant is issued by any mayor of an incorporated city or town, it cannot be executed in another ____ other than the one in which it was issued.
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county (CCP 15.07)
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The officer or person executing a warrant of arrest shall without __ __ take the person or have him taken before a magistrate.
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unnecessary delay (CCP 15.16)
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The person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than __ hours after the person is arrested, take the person before some magistrate.
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48 hours (CCP 15.17)
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If a person is arrested and taken before a magistrate in a county other than the county in which the arrest is made, the person may be confined in a jail in the county in which the magistrate serves for no longer than __ hours.
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72 (CCP 15.19)
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If the proper office of the county where the offense is alleged to have been committed does not demand the arrested person and take charge of the arrested person before the __ day, the arrested person shall be discharged from custody.
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11 (CCP 15.21)
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What time of day or night may an arrest be made.
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any (CCP 15.23)
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In executing an arrest warrant, it shall always be make known to the accused under what ___ the arrest is made.
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authority (CCP 15.26)
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A law enforcement agency that arrests a student must notify the school superintendent of the arrest within __ hours after the arrest is made.
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24 (CCP 15.27)
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A ___ is an order signed by the proper magistrate directing a sheriff to receive and place in jail the person so committed.
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commitment (CCP 16.20)
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Security given by the accused that he will appear and answer before the proper court the accusation brought against him.
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bail (CCP 17.01)
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If a person is arrested without a warrant for a misdemeanor and is detained in jail, he must be released on bond not to exceed $___ not later than the __ hour after the arrest.
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$5,000 24th (CCP 17.033)
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If a person is arrested without a warrant for a felony and is detained in jail, he must be released on bond not to exceed $___ not later than the __ hour after the arrest.
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$10,000 48th (CCP 17.033)
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Who may request that an emergency protection order be put in place? (4 people)
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1)the victim of the offense 2)the guardian of the victim 3)a peace officer 4)the attorney representing the state (CCP 17.292)
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An emergency protection order may remain in effect up to the __ day but not less than __ days after the date of issuance.
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61st day 31 days (CCP 17.292)
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An emergency protection order may remain in effect up to the __ day but not less than __ days after the date of issuance if a deadly weapon was used.
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91st 61 days (CCP 17.292)
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A search warrant for something other than DNA must be executed within how many days?
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3 days excluding 1 day for warrants issuance and 1 day for its execution. (CCP 18.07)
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A search warrant for DNA must be executed within how many days?
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15 days excluding 1 day for warrants issuance and 1 day for its execution. (CCP 18.07)
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Who has a right to prevent the consequence of theft by seizing any property that has been stolen and bringing it, with the person suspected of theft, before a magistrate or a peace officer?
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any person (CCP 18.16)
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The written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense.
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indictment (CCP 21.01)
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A written statement filed and presented in behalf of the state by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted.
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information (CCP 21.20)
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If a witness refuses to obey a subpoena for a felony case, he may be fined an amount not to exceed $__.
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$500.00 (CCP 24.05)
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If a witness refuses to obey a subpoena for a misdemeanor case, he may be fined an amount not to exceed $__.
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$100.00 (CCP 24.05)
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A writ commanding some peace officer to take the body of a witness and bring him before such court.
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an attachment (CCP 24.11)
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The post mortem examination of the body of a person.
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autopsy (CCP 49.01)
