Monday, March 17, 2014

New Traffic Ticket Documents 4.

Cause No. _________

THE STATE OF TEXAS                                                      




Notice is hereby given of the process prescribed by Texas Transportation Code, Code of Criminal Procedure, and Constitution relevant to this case and summarized:
  1. Notice to appear/citation issued must show the time and place where the person arrested is to appear before a magistrate. TC Sec. 543.006; CCP Art. 14.06.
  2. The magistrate is to inform the person appearing of rights, give warnings, perform other duties related to the person appearing, make and sign an order giving the time, date, and place where the accused is ordered to appear for arraignment in the applicable justice court or municipal court.  CCP Art. 15.17.
  3. Upon completion of examining the accused the magistrate shall certify the proceedings, seal them up, and have them delivered to the clerk of the proper court, without delay.  CCP Art. 17.30.
  4. Clerks authorized to receive such proceedings are the district clerk or county clerk.  The district clerk shall deliver them to the next grand jury.  The county clerk shall immediately deliver them to the district or county attorney.  CCP Art. 17.31.
  5.  Upon receiving a complaint, attorney for the State shall prepare an information and file it in the court having jurisdiction.  CCP Art. 2.05; Tex. Const. Art. 5, Sec. 17.
  6. Upon the filing of an indictment in the district court which charges an offense over which such court has no jurisdiction, the judge of such court shall make an order transferring the same to such inferior court as may have jurisdiction, stating in such order the cause transferred and to what court transferred.  CCP Art. 21.26; Tex. Const. Art. 5, Sec. 17.
  7. If the cause is one to be tried before a justice of the peace, the district judge has discretion concerning which justice court receives the indictment.  CCP Art. 21.27; Tex. Const. Art. 5, Sec. 17.
  8. The presentment of an indictment or information to a court invests the court with jurisdiction of the cause.  Tex. Const. Art. 5, Sec. 12(b).
  9. An indictment is considered as "presented" when it has been duly acted upon by the grand jury and received by the court.  CCP Art. 12.06.
  10. An information is considered as "presented," when it has been filed by the proper officer in the proper court.  CCP Art. 12.06; Tex. Const. Art. 5, Sec. 17.
  11. If a misdemeanor indictment is quashed in the trial court and probable gilt is found for the person charged, the person shall not be discharged but may be held to answer an information or complaint.  Tex. Const. Art. 5, Sec. 17.

Respectfully submitted,


(Name and address)
I hereby certify that a true and correct copy of the foregoing Notice of Process from Citation to Arraignment has been delivered by certified mail to the office of the District Attorney of the County of Live Oak at Live Oak County Courthouse, Room 205, George West, Texas 78022-0440 on December _______, 2013.



1 comment:

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