Texas Criminal Process Outline Arrest- Taking a Essay

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Texas Criminal Process Outline

Arrest- taking a suspect into official custody. Not all interactions with police, including interrogations, rise to the level of an arrest.

Probable cause required for an arrest

Arrests may be warrantless or with a warrant.

Once under arrest a person has several rights (known collectively as Miranda rights):

The right to remain silent;

The right to have an attorney present during questioning;

The right to an appointed attorney if unable to afford an attorney.

Booking- the process of admitting an arrested person into custody.

Fingerprinting

Basic identifying information gathering.

Photograph (mug shot)

Search of suspect and inventory and storage of personal belongings

Bringing charges: Charges in Texas can be brought in one of two ways, via information or indictment.

A. Information

"An information is a written statement presented in behalf of the state by the prosecutor, charging the defendant with the commission of an offense. An information must be based on a proper complaint and the complaint must be filed with the information" (White, N.p.)

2. Class A or B. misdemeanors

B. Indictment

1. "An indictment is a written statement of a grand jury presented to a court accusing a named person of some act or omission which, by law, is declared to be an offense" (White, N.p.)

2.

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Felonies require indictments.

3. The prosecutor goes in front of the grand jury and asks them to find whether there is sufficient evidence to require the accused to stand trial.

a. Grand jury proceedings are secret.

b. 9 of the 12 grand jurors must agree to issue an indictment, which is also known as a true bill.

c. If the grand jury does not find sufficient evidence, the case is "no-billed."

d. A no-bill does not impact double jeopardy considerations.

C. If a suspect is not currently in custody, an arrest warrant is issued pursuant to either the indictment or the information.

IV. Arraignment

A. Usually within 72 hours of arrest.

B. The judge notifies the accused of the charges.

C. The accused is no longer required to enter a plea at arraignment.

D. Bail is either set or denied at the arraignment.

1. Bail is meant to guarantee a person's presence in court, not as a punishment for the crime.

2. Three types of….....

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