Fort Worth, TX asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas

Q: ipoted bail on felony andfiled motion forexaminingtrial hearing before indictment andcourt returned no actiontaken

does district courtloose jurisdiction and indictment void? denial meaningful dueprocess by prose ada defendant? texas waxahachie case 50369cr. vaccp art 16.01etseq. note tx att gen opinion june 7, 1972 opinion no. m-1151. if An Examining Trial is mandatory for juveniles that (are/had been)

certified as adults in criminal prosecutions. However, it is not mandatory for adults to

undergo an Examining Trial in Texas. It Is a Right that can be exercised by

(adults/the accused). Courts have previously delt with this issue. See: [WHITE V.


MENEFEE 561 SW2d 822 (TEX.CR.APP.1977)] ProSe Defendant, xxx,

(an adult)(had timely requested an Examining Trial before indictment), is entitled to

an examining trial before

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Under Texas law, an adult defendant does have the right to request an examining trial before indictment. If the court failed to take action on your motion for an examining trial, it could raise procedural concerns. If you believe your rights were violated, it's crucial to promptly raise these concerns in court and consider consulting with an attorney to assist you. Remember, procedural errors can impact the outcome of your case, and every defendant has the right to due process under the law.

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