Here is the info in CCP 231, that I was wondering might included the execution of indictments, even though an indicment is not actually listed as a process that can be executed as per this section. If a jailer licensed under Chapter 1701, Occupations Code, has successfully completed a training... Read more »
The section is 2.31 of the Code of Criminal Procedure (not 231). The question as posed, "executing indictments" is confusing. Regarding indictments, Art. 25.01 provides as follows: "In every case of felony, when the accused is in custody, or as soon as he may be arrested, the clerk of the court...Read more »
In general, Sections 22.011 and 22.021 of the Texas Penal Code provides the range of punishment. Section 22.011 is entitled "Sexual Assault". Subsection (c)(1) defines "child" as a person "younger than 17 years of age."
Depending on the specific facts, an offense under Section 22.011 is...Read more »
I think you mean "civil" lawsuit (not "criminal" lawsuit). A criminal case generally begins with an indictment and is brought in the name of "The State of Texas". If you are looking to see if a civil lawsuit was filed against someone or their business, you will need to check with the Clerk's office...Read more »
No expunction under Article 55.01 of the Code of Criminal Procedure. You may be eligible for what is generally called a "deferred adjudication order of nondisclosure" pursuant to Texas Government Code Section 411.081.
The Texas Penal Code Section 38.04 entitled "Evading Arrest or Detention" provides:
(a) A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him. The ultimate issue is "intent"....Read more »
While anything is possible, it is not probable that a District Attorney's office will reduce a felony (in this case a state jail felony) to a misdemeanor. For first time offenders, you may be offered deferred adjudication on the felony offense.
In general, a Notice of Appeal must be filed within 30 days of the date the defendant was sentenced. However, if a Motion for New Trial was filed, then the appeal must be filed within 30 days after the Motion for New Trial was denied.
This appeal goes to one of the 14 Courts of Appeal in...Read more »
No. Texas Penal Code Section 12.32 provides that individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years.
The "knock and announce" rule is part of the "reasonableness" inquiry under the 4th Amendment. In general, law enforcement officers must announce their presence (i.e."knock and announce") and provide the resident(s) with an opportunity to open the door. See: Martinez v. State, 220 S.W.3d 183 (Tex....Read more »
In Texas, it's referred to as "Spousal Maintenance". Under V.T.C.A Family Code Section 8.052, a court that determines that a spouse is eligible to receive maintenance must determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors,...Read more »
Texas Rule of Civil Procedure 247 generally provides: "No cause which has been set upon the trial docket of the court shall be taken from the trial docket for the date set except by  agreement of the parties or  for good cause upon motion and notice to the opposing party." So, unless there...Read more »
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