THE CRIMINAL CASE IN JUSTICE COURT Janet Marton Senior Assistant County Attorney Office of VINCE RYAN County Attorney

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