109 Questions
When did the Code of Criminal Procedure become effective?
January 1, 1966
What does Art. 1.025 address?
Severability
According to Art. 1.026, how should the articles in Chapter 722 be construed?
As a continuation of former laws
What is the purpose of Art. 1.03?
To govern all criminal proceedings
According to Art. 1.02, when does the procedure prescribed in the Code govern criminal proceedings?
On and after January 1, 1966
What is the main purpose of the Code of Criminal Procedure mentioned in the text?
To provide guidelines for the prevention and prosecution of offenses in the state
What is the meaning of 'indigent' as mentioned in the Code of Criminal Procedure?
A person who is not financially able to employ counsel
According to the text, what is the right of an accused individual in a criminal prosecution?
The right to consult in private with counsel sufficiently in advance of a proceeding
What is the time frame for appointing counsel for an indigent defendant arrested in a county with a population of less than 250,000?
Within 3 working days after the date of arrest
What is the responsibility of the trial court regarding an eligible indigent defendant in appellate and postconviction habeas corpus matters?
To appoint an attorney if it would serve the interests of justice
What is the right of an accused individual with regard to giving evidence against themselves?
They have the right to refuse giving evidence against themselves
In what circumstances is an indigent defendant entitled to have an attorney appointed to represent them?
If they are financially unable to employ counsel
What does 'due course of law' refer to according to Art. 1.04?
The process of deprivation of life, liberty, or property
What is the role of appointed counsel in representing an eligible indigent defendant?
To ensure adequate preparation for all proceedings
What is meant by 'RIGHT TO REPRESENTATION BY COUNSEL' as per Art. 1.051?
Right to consult in private with counsel sufficiently in advance of a proceeding
What does Art. 1.04 aim to achieve by adopting measures for preventing the commission of crime?
To ensure all offenders are excluded from any hope of escape
According to the text, which group of officials is privileged from arrest during the session of the Legislature?
Senators and Representatives
What is the primary duty of all prosecuting attorneys according to the text?
To see that justice is done
According to the text, what kind of trials shall be public?
All trials
Which group of officials shall be conservators of the peace throughout the State?
Justices of the Supreme Court
According to the text, what is the style of all writs and process?
"The State of Texas"
Which article prohibits the conviction of a person for treason except on specific conditions?
Art. 1.21
According to the text, what should district attorneys represent in all criminal cases in the district courts?
"The State"
According to the text, who shall represent the State in all criminal cases under examination or prosecution in a county below the grade of district court?
County Attorneys
According to the text, what is the style used in all prosecutions?
"The State"
What is prohibited by Article 1.19 according to the text?
Outlawry and transportation
According to the text, who may offer assistance to a county or district attorney in prosecuting an offense involving a victim younger than 17 years?
Attorney General
According to the Texas Code of Criminal Procedure, when can a court appoint new counsel for an indigent defendant?
When the defendant is subsequently charged with an offense different from the initial charge, and good cause to appoint new counsel is stated on the record.
In the Texas Code of Criminal Procedure, who must sign any pleading, motion, or other paper filed for or on behalf of a defendant who is represented by an attorney?
The attorney of record only.
Under the Texas Code of Criminal Procedure, what constitutes a violation if a pleading, motion, or other paper is not signed?
The court will impose an appropriate sanction.
According to the Texas Code of Criminal Procedure, what does 'groundless' refer to in relation to pleadings, motions, or other papers?
Documents without a basis in law or fact and not warranted by a good faith argument.
Under the Texas Code of Criminal Procedure, what is considered when determining a defendant's ability to pay for any purpose?
The defendant's present ability to pay.
According to the Texas Code of Criminal Procedure, what are people secure from?
Unreasonable seizures and searches.
What does Article 1.07 of the Texas Code of Criminal Procedure state regarding bail eligibility?
"Any person shall be eligible for bail unless denial of bail is expressly permitted by law."
"The writ of habeas corpus is a writ of right and shall never be suspended." What does this statement refer to in the Texas Code of Criminal Procedure?
The right to challenge unlawful detention or imprisonment.
What does Article 1.11 state regarding acquittal and a second trial?
An acquittal exempts from being prosecuted again unless no jurisdiction was present during the initial trial.
What does Article 1.12 guarantee under the Texas Code of Criminal Procedure?
The right to trial by jury.
According to Article 1.13, under what condition can a defendant waive trial by jury?
If allowed by law and with consent of both parties involved in the case.
What is the requirement for the court to proceed with a matter for a nonindigent defendant who appears without counsel at a proceeding after having been given a reasonable opportunity to retain counsel?
Providing 10 days' notice to the defendant of a dispositive setting
What is the condition under which the court may proceed with the matter for an indigent defendant who has refused appointed counsel?
After obtaining a waiver of the right to counsel
Under what condition is a waiver of the right to counsel presumed invalid?
If obtained in violation of subsection (f-1)
What must the court advise the defendant of before proceeding with a trial without appointed counsel?
The dangers and disadvantages of self-representation
When may a defendant withdraw a waiver of the right to counsel?
At any time but is not entitled to repeat a proceeding previously held
What are the requirements for appointing counsel for an indigent defendant in a county with a population of less than 250,000?
Immediate appointment following the expiration of three working days after receiving the defendant's request
What is the exception for appointment of counsel if an indigent defendant is released from custody prior to their first court appearance?
Appointment is not required until the defendant's first court appearance or when adversarial judicial proceedings are initiated
When can the court direct or encourage the defendant to communicate with the attorney representing the state?
Only after advising the defendant of the right to counsel and providing a reasonable opportunity to request appointed counsel
In what situation can an attorney representing the state communicate with a defendant who has requested appointed counsel?
(A) After denying the request for appointed counsel and if the defendant has been given a reasonable opportunity to retain private counsel or waived the opportunity to retain private counsel, (B) At any time during the proceedings
What must be filed with and become part of the record of proceedings if a defendant voluntarily and intelligently waives their right to counsel?
A statement indicating their understanding of their right to representation by counsel and their decision to waive that right
When can an attorney representing the state initiate or encourage an attempt to obtain from a defendant who is not represented by counsel a waiver of their right to counsel?
Never, it is prohibited by law
What must be advised if an indigent defendant wishes to waive their right to counsel for purposes of entering a guilty plea or proceeding to trial?
The nature of the charges against them and, if proceeding to trial, the dangers and disadvantages of self-representation
In a capital felony case in which the state notifies the court and the defendant that it will seek the death penalty, can the defendant waive the right to trial by jury?
Yes, with consent from the attorney representing the State in writing and in open court
When can a defendant waive the right of trial by jury in a criminal prosecution for any offense other than a capital felony case?
Upon entering a plea, with consent and approval of the court and the State attorney
Can a defendant charged with a felony who has no attorney agree to waive a jury trial?
No, the defendant must be represented by an attorney at the time of making the waiver
What must be done if the defendant does not object to a defect, error, or irregularity in an indictment or information before the date on which the trial on the merits commences?
The defendant forfeits the right to object to the defect, error, or irregularity and may not raise the objection on appeal
According to Article 1.141, who may voluntarily waive the right to be accused by indictment of any offense other than a capital felony?
A person represented by legal counsel in open court or by written instrument
Under what circumstances can a person be convicted of a felony without a jury verdict?
If the defendant has waived his right of trial by jury in writing and in open court
What is the short title of the Code of Criminal Procedure?
Code of Criminal Procedure
When did the Code of Criminal Procedure become effective?
January 1, 1966
What does Art. 1.025 address?
Severability of provisions
What does Art. 1.026 state regarding the articles in Chapter 722?
They are not a continuation of former laws
What is the main purpose of the Code of Criminal Procedure mentioned in the text?
To govern all criminal proceedings
Under what condition can a defendant waive trial by jury?
Only in capital felony cases
When can a defendant voluntarily and intelligently waive the right to counsel?
Only if they have been given a reasonable opportunity to request appointed counsel
Under what circumstances is a waiver of the right to counsel presumed invalid?
If obtained in violation of specific subsections
What is required for a defendant to withdraw a waiver of the right to counsel?
The court’s discretion
In what type of judicial proceeding may the court proceed with the matter without securing a written waiver or appointing counsel for an indigent defendant?
Adversarial judicial proceeding that may result in punishment by confinement
Who is responsible for appointing counsel for an indigent defendant in a county with a population of less than 250,000?
The court's designee authorized under Article 26.04
Under what circumstances can an attorney representing the state initiate or encourage an attempt to obtain a waiver of the right to counsel from a defendant?
When the defendant has refused appointed counsel
What is the primary aim of the Code of Criminal Procedure mentioned in the text?
To adopt measures for preventing the commission of crime
What is guaranteed to an accused individual in all criminal prosecutions as per the text?
Right to demand the nature and cause of the accusation against them
According to Article 1.051, what is the main right provided to a defendant in a criminal matter?
Right to representation by counsel
What does 'indigent' mean as per Article 1.051 of the Code of Criminal Procedure?
A person who is not financially able to employ counsel
What is the time frame for appointing counsel for an indigent defendant arrested in a county with a population of less than 250,000?
At the end of the third working day after receiving the defendant's request for appointment of counsel
What is one of the rights provided to an accused individual in all criminal prosecutions?
Right to have compulsory process for obtaining witnesses in their favor
What is meant by 'RIGHT TO REPRESENTATION BY COUNSEL' as per Art. 1.051?
A defendant's right to be represented by counsel in an adversarial judicial proceeding
What is guaranteed under Article 1.04 of the Code of Criminal Procedure?
To adopt measures for preventing the commission of crime
Under what condition is a waiver of the right to counsel presumed invalid?
If an eligible indigent defendant does not have an attorney appointed to represent them
"According to Art. 1.02, when does the procedure prescribed in the Code govern criminal proceedings?"
At every stage from accusation through appeal
"What must be advised if an indigent defendant wishes to waive their right to counsel for purposes of entering a guilty plea or proceeding to trial?"
That they are entitled to appointed counsel if they cannot afford one
"What must be filed with and become part of the record of proceedings if a defendant voluntarily and intelligently waives their right to counsel?"
An affidavit affirming their waiver decision
According to the text, what is prohibited by Article 1.19?
Transporting a person out of the state for any offense committed within the same
What is the primary duty of all prosecuting attorneys according to the text?
To see that justice is done
According to the text, what does 'due course of law' refer to?
A public trial
In what situations are legislators privileged from arrest according to the text?
During the session of the Legislature and in going to and returning from the same
What does Article 1.21 specify regarding conviction of treason?
No person shall be convicted of treason except on the testimony of two witnesses to the same overt act
According to the text, what are district attorneys required to do in criminal cases?
Represent the State in all criminal cases and see that justice is done
What does Article 1.23 specify regarding legislators during the session of the Legislature?
They are privileged from arrest except in cases of treason
What does Article 1.26 state regarding the construction of the Code?
The provisions of this Code shall be narrowly construed to attain the objects intended by the Legislature
'The State of Texas' shall be used as the style for what, according to the text?
All writs and process
What does Article 1.25 specify regarding trials?
Trials shall be public
According to Article 1.27, what governs if this Code fails to provide a rule of procedure?
The rules of common law shall apply and govern
What does Art. 1.07 of the Texas Code of Criminal Procedure state regarding bail eligibility?
Any person is eligible for bail, unless expressly denied by law or Texas Constitution.
Under the Texas Code of Criminal Procedure, what constitutes a violation if a pleading, motion, or other paper is not signed?
The court will strike it unless signed promptly after the omission is brought to attention.
According to the text, what is meant by 'RIGHT TO REPRESENTATION BY COUNSEL' as per Art. 1.051?
Defendants have the right to court-appointed legal representation.
What must be advised if an indigent defendant wishes to waive their right to counsel for purposes of entering a guilty plea or proceeding to trial?
The consequences and risks of self-representation.
What is the primary duty of all prosecuting attorneys according to the text?
To ensure fair trials and protect defendants' rights
What is prohibited by Article 1.19 according to the text?
Excessive bail and fines
"The writ of habeas corpus is a writ of right and shall never be suspended." What does this statement refer to in the Texas Code of Criminal Procedure?
"Habeas corpus" protection against unlawful detention
According to the text, what does Article 1.12 guarantee under the Texas Code of Criminal Procedure?
"Right to trial by jury"
Under what condition can a defendant waive trial by jury according to Article 1.13?
Voluntarily and intelligently
What must the court advise the defendant of before proceeding with a trial without appointed counsel?
The consequences and risks of self-representation
What does 'groundless' mean in relation to pleadings, motions, or other papers as per the Texas Code of Criminal Procedure?
Without basis in law or fact and not warranted by good faith argument
In a criminal prosecution for any offense other than a capital felony case, when can the defendant waive the right of trial by jury?
Upon entering a plea, in person, in writing, in open court with the consent and approval of the court and the attorney representing the state
In a capital felony case where the state will not seek the death penalty, how can the defendant waive the right to trial by jury?
In writing and in open court with the consent of the attorney representing the State
When can a defendant charged with a felony agree to waive a jury trial?
Regardless of whether they are represented by an attorney at the time of making the waiver
Under what condition can a defendant in a criminal prosecution for any offense waive any rights secured by law?
Except that a defendant in a capital felony case may waive the right of trial by jury only in the manner permitted by law
If a defendant does not object to a defect, error, or irregularity in an indictment or information before the date on which the trial on the merits commences, what happens?
They waive and forfeit the right to object to the defect, error, or irregularity and cannot raise it on appeal or in any other postconviction proceeding
What does Art. 1.141 allow regarding waiving indictment for noncapital felony?
A person represented by legal counsel may voluntarily waive being accused by indictment and be charged by information
What is required for a person to be convicted of a felony according to Art. 1.15?
The verdict of a jury duly rendered and recorded unless they have waived their right of trial by jury as per Articles 1.13 and 1.14
This quiz covers the right of a defendant in a criminal prosecution to waive the right of trial by jury, as outlined in the legal framework. It includes the conditions and procedures for the waiver, and the necessary consents and approvals involved.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
