THE CRIMINAL CASE
IN JUSTICE COURT
Janet Marton
Senior Assistant County Attorney
Office of VINCE RYAN
County Attorney
713-755-7325
[email protected]
How is a case initiated?
Citation
•
Issued by authorized person
•
Name and address of accused
•
Offense charged
•
Written notice of date and
time to appear before
magistrate
How is a case initiated?
Complaint: sworn allegation charging
accused with offense
•Must be in writing
•“In the name and by the authority of the
State of Texas”
•Affiant has good reason to believe accused
committed offense
•Offense committed in Harris County
•Signed by Affiant
•“Against the peace and dignity of the State
Affidavit of Probable Cause
•Required by Constitution
•Written statement containing
enough facts about an event to
cause a judge to believe that a
crime has been committed by the
accused
VENUE
Proper place to file case
•Precinct in which offense committed
•Precinct in which defendant resides
•(Harris County) Precinct adjacent to
the precinct in which offense
committed
•(Harris County) Precinct provided by
Local Rule
Corporate Defendants
For corporations and partnerships, business
name may be used in complaint
Not necessary to state legal nature of
entity in complaint
Summons issues to require appearance
Corporation: serve registered agent
or president or vice-president
Partnership: serve partner or any
employee of suitable age at place of
business
APPEARANCE
•Defendant may appear in person
or by counsel
•Business defendant appears
through counsel
•Defendant identified
•Defendant advised of rights
•Plea heard
PLEA
Not guilty
No contest – same as a plea of
guilty but may not be used against
the defendant in a civil proceeding
arising out of the same
transaction
Guilty
TRIAL
RIGHT TO JURY TRIAL
Must be waived by defendant
Jury is composed of 6 persons
JURY CHARGE
•States offense
•Sets out definitions
•Sets out law applicable to facts
•Instructs jury about circumstances
under which accused must be
convicted or acquitted
NEW TRIAL and APPEAL
File a motion for new trial within 5
days
Post appeal bond in 2x amount of
fine and costs
Appeal to County Criminal Courts at
Law