Flip Cards
Part 1: Charging Instruments
1. A citizen comes to court to complain about a neighbor’s dog running at large but does not want to make a written complaint. No complaint is filed with the court. May the municipal court hear this case? Why or why not?
No, because no complaint has been filed, so the court has no jurisdiction over the case. The charging instrument must be filed with the court to vest jurisdiction of a case in the court.
2. For what Class C misdemeanor offense is an officer required to issue a citation?
An officer shall issue a citation if the offense charged is speeding or use of a wireless communication device under Section 545.4251, T.C., or violation of the open container law under Section 49.031, P.C., and the person makes a written promise to appear.
3. If a municipal court does not have a complaint or citation filed, the court may not accept a plea of guilty from the defendant.
True.
4. Municipal court defendants do not have a right to notice of the crime with which they are being charged.
False (all defendants have a right to notice).
5. Defendants are entitled to notice−a copy of the complaint−at least five days prior to trial.
False (defendants are entitled to notice not later than the day before any proceeding).
6. If a person is arrested, the officer can file a citation with the court.
False (the citation in lieu of the arrest, as a substitute for the custodial arrest).
7. The offense of public intoxication may not be filed in municipal court by citation but must be initiated by a sworn complaint.
True.
8. If a citation has been filed to initiate the proceedings in court, when does a sworn complaint have to be filed?
A sworn complaint must be filed when the defendant fails to appear or when the defendant pleads not guilty unless the defendant and prosecutor agree in writing to proceed on the citation.
9. Since the preparation of the complaint is a ministerial duty, who usually prepares the complaint?
The clerk
10. Why does the complaint have to allege the date of the offense
The defendant is entitled to notice of the charge he or she is accused of committing and knowing the date may help the defendant prepare a defense. Also, the complaint must be filed within the statute of limitations.
11. Who may administer the oath to an affiant swearing to a complaint in municipal court?
A municipal judge, court clerk, deputy court clerk, city secretary, city attorney, or deputy city attorney.
12. Define the word “jurat.”
The certificate of the person before whom the complaint is sworn. It is the clause written at the foot of a complaint stating when and before whom the complaint was sworn.
13. What words are required to be on the seal of a municipal court of record?
"Municipal Court of/in __________, Texas.”
14. May a court seal be created electronically?
Yes, under Article 45.012(g) of the Code of Criminal Procedure.
15. What is the purpose of the court seal?
To authenticate the acts of the judge and clerk.
16. List the culpable mental states from the highest to the lowest
Intentionally, knowingly, recklessly, criminal negligence.
17. If a statute does not state that a culpable mental state is required, which culpable mental state should be alleged in the complaint?
Intentionally, knowingly, or recklessly.
18. Which city ordinances must allege a culpable mental state even though the offense may not prescribe one?
If the ordinance violation is punishable by a fine exceeding $500.
19. When the sworn complaint is filed, is this a new case or the same case that was initiated by the citation?
The same case. The sworn complaint replaces the citation.
20. When may the trial be on the citation instead of the sworn complaint?
When the defendant waives the filing of a sworn complaint, the prosecutor and defendant agree in writing, and the agreement is filed with the court.
21. If a citation is filed with the court and the defendant fails to appear, what must be filed?
A sworn complaint.
22. A complaint is a charging instrument filed in municipal court.
True.
23. Citizens have the right to file a complaint with the court.
True.
24. When an officer loses a ticket and finds it three months later and then files it with the court, the court has jurisdiction to try the case.
True.
25. A complaint gives notice to a defendant of the offense with which he or she is charged so that the defendant can prepare a defense.
True.
26. A complaint must begin with the following words: “In the name and by the authority of the State of Texas.”
True.
27. A city ordinance complaint for the offense of a dog running at large may also conclude with the words “Contrary to the said ordinance.”
True.
28. A complaint does not have to state that the offense was committed in the city in which it occurred.
False (the complaint must state the offense occurred in the territorial limits of the city).
29. The specific location where an offense occurs must always be stated in the complaint.
False.
30. If a defendant’s name is misspelled on a sworn complaint, the court clerk may correct it and the prosecution may proceed on the complaint.
False.
31. Penal Code offenses do not require a culpable mental state.
False.
32. Many Transportation Code offenses do not require a culpable mental state.
True.
33. A person who recklessly damages someone else’s property even though they might not have intended to do it may be charged with a crime.
True.
34. If someone swears to a complaint, he or she is declaring by oath the truth of the information contained in the complaint.
True.
35. Only the officer who personally observed an offense may be an affiant on a complaint.
False. However, there is an important notable exception "School offenses" alleged against a child require a complainant to have personal knowledge. See, Sec. 37.146(a)(1), Education Code.
36. A court clerk may not be an affiant on a complaint.
False.
37. A hearsay affiant is one who is acquainted with the facts of the case but did not personally observe the offense.
True.
38. A complaint that is not signed by the affiant is still a valid complaint
False.
39. A complaint is defective if either the affiant or the jurat stamps their signature instead of handwriting it.
False.
40. A signature of the affiant or jurat can be electronically captured.
True.
41. A person swearing to a complaint must sign his or her name in front of the person administering the oath.
True.
42. The date the complaint is sworn does not have to be noted in the jurat
False.
43. A complaint is valid as long as it has been sworn to even if the person administering the oath does not sign the jurat.
False.
44. If the prosecutor decides to file the offense of failure to appear on old cases that have already gone to warrant, the failure to appear must have occurred less than two years previously.
True.
45. If a defendant is being charged with more than one offense, the court may put all the offenses on one complaint.
False (it is not within the court's purview).
46. A defendant may plead guilty, not guilty, or nolo contendere to a filed citation.
True.
Flip Cards
Part 2: Dockets
47. When a judge or clerk enters proceedings on a docket, what is he or she doing?
The judge or clerk is noting brief entries of the proceedings in a particular case.
48. Why does the court keep a docket?
The law requires that a judge keep a docket.
49. Why may a clerk enter proceedings on a docket?
The maintenance of a docket is a ministerial duty. A clerk may enter proceedings on a docket because the law specifically states the information that must be contained in it.
50. The style and file number of each case must be entered on the docket.
True.
51. A docket does not have to include the type of offense with which the person is charged.
False.
52. When a judge issues a warrant, only the date that it is issued must be noted on the docket.
False (the docket must also contain the return date).
53. The docket must show whether the trial was conducted by the judge or by the jury.
True.
54. Who has the authority to decide whether to process and store the information on the docket electronically?
The judge.
55. If information is stored electronically, does the court still have to maintain a simultaneous record in a docket book that is a bound book?
No.
Flip Cards
Part 3: Uncontested Proceedings
56. A defendant who pleads nolo contendere will be found guilty by the court.
True.
57. A defendant involved in a collision who pleads nolo contendere to the traffic charge may have the plea held against him in a civil suit
False.
58. Pleading guilty means that a defendant admits to having committed the crime.
True.
59. What is the purpose of an arraignment?
Arraignment is the procedure where the judge identifies the defendant, explains the charge, and requests a plea. There is no specific term for this process in the procedures that government municipal courts. Consequently, “arraignment” is commonly misused to describe a defendant’s initial appearance in municipal court.
60. When a defendant delivers a plea of guilty or nolo contendere to the court, what additional information must be included with the plea?
The waiver of jury trail.
61. May the court require an adult defendant’s personal appearance if the defendant delivers the plea of guilty or nolo contendere and a waiver on or before his or her appearance date?
Generally, Art. 27.14(b) of the Code of Criminal Procedure provides for entry of a plea by mail. That subsection, however, has an important exception for a defendant charged with a misdemeanor involving family violence. In that case, the defendant is required to appear in open court to enter a plea. Further, the judge is required to admonish the defendant using specific language regarding family violence that is provided by the Code of Criminal Procedure.
62. When a defendant delivers the plea and waiver to the court and requests the amount of fine and appeal bond, what is the court required to do?
The court must give the defendant notice of any fine and costs assessed, information regarding alternatives to full payment if the defendant is unable to pay the amount, and the amount of the appeal bond that the court will approve.
63. When a defendant pays a fine and court costs without sending in a plea, the payment constitutes a plea of nolo contendere and a written waiver of jury trial.
True.
64. If a defendant’s charge is the result of having caused a traffic collision, the judge has the authority to require that person to make an appearance in open court.
False.
65. A defendant has 31 days to either pay a fine or present the court with an appeal bond from the time that he or she receives notice of the amount owed following a plea by mail.
True.
66. When a defendant mails a plea of guilty or nolo contendere and waiver of jury trial to the court, the court considers that the defendant has made an appearance.
True.
67. If a defendant mails the plea and waiver to the court after his or her appearance date but at least five business days before a scheduled trial date, the court may make the defendant make a personal appearance.
False.
68. A defendant who makes an appearance by mail has the right to appeal his or her case.
True.
69. When the defendant mails the money to the court, he or she is pleading guilty.
False (it is considered a no contest plea).
70. If the defendant sends in the wrong amount, the clerk must, before he or she gives the case to the judge, contact the defendant and try to get the rest of the money.
False.
71. If an adult defendant’s attorney appears in open court, the defendant must also appear in open court.
False.
72. If a judge takes a plea from a person detained in jail on a Class C misdemeanor, the judge must grant any motion for new trial if made within five days of the judgment.
False (the judge must grant the motion if made within 10 days of the judgement).
73. Mailed pleas are considered timely made if deposited in the U.S. Postal Service properly addressed and stamped on or before the appearance date.
True.
Flip Cards
Part 4: Failure to Appear
74. A defendant who has been served with a summons and then fails to appear should be charged with the offense of Failure to Appear.
False (the defendant has not been in or released from custody; custody is a required element of the offense of Failure to Appear).
75. A defendant who is released without bail and then fails to appear may not be charged with the offense of Failure to Appear.
False (the offense of Failure to Appear occurs when a person is lawfully released from custody, with or without bail, on condition that he subsequently appear, and the person intentionally or knowingly fails to appear in accordance with the terms of his release)
76. The culpable mental state of the offense of Failure to Appear is intentionally or knowingly.
True.
77. The offense of Failure to Appear is a Class C misdemeanor if the offense for which the person was required to appear is also a Class C misdemeanor.
True.
78. The maximum amount of fine that may be assessed for the offense of Failure to appear is $200.
False (the maximum fine is $500).
79. A municipal court clerk may sign as affiant on a complaint for Failure to Appear.
True.
80. The culpable mental state for the offense of Violation of Promise to Appear is willful conduct.
True.
81. If the charge for which the defendant’s appearance was required is dismissed, the offense of Violation of Promise to Appear must also be dismissed.
False (the two are separate charges).
82. When a defendant charged with the offense of Failure to Maintain Financial Responsibility fails to appear, he or she may be charged with Violation of Promise to Appear.
False (Failure to Maintain Financial Responsibility is not a Rules of the Road offense; the correct charge would be Failure to Appear).
83. The maximum fine that a court may assess for the offense of Violation of Promise to appear is $200.
True.
Flip Cards
Part 5: Warrant, Capias, Capias Pro Fine, and Summons
84. Clerks are required to have copies of warrants and affidavits on file for public viewing after the warrants have been executed.
True.
85. The amount of evidence necessary for a finding of probable cause is evidence that causes a judge to believe that a specific person has committed a crime.
True.
86. A judge does not need probable cause to issue a capias.
False.
87. Complaints alone are enough evidence to establish probable cause.
False. However, probable cause may exist if there is additional information which causes the judge to believe that this defendant has committed the crime alleged in the complaint.
88. Probable cause must always be in a separate affidavit from a complaint.
False.
89. Judges must always remain neutral when assessing probable cause.
True.
90. Why can a municipal court clerk not issue a warrant or capias?
A municipal court clerk may not issue a warrant or capias because he or she does not have the authority to determine probable cause. Only a judge or magistrate may determine probable cause.
91. When a city is situated in only one county, where may city peace officers execute municipal court warrants, summons, and capiases?
The city police officer may only serve process in the county in which the city is located.
92. When a city is situated in more than one county where may city peace officers execute warrants?
The city police officer may execute warrants throughout each county in which the city is located.
93. May a city peace officer execute a warrant of arrest in a neighboring city?
It depends on whether the neighboring city is located in the same county in which the peace officer’s city is located.
94. What kind of order is a warrant of arrest?
A written order; a writ.
95. Mayors do not have the authority to issue warrants for felonies.
False (as a magistrate, a mayor does have the authority. See Art. 2.09, C.C.P.).
96. In what name must a warrant be issued?
In the State of Texas
97. To whom is a warrant directed?
To the proper officer.
98. When a person is arrested on a warrant, where should the officer take that person?
The officer is required to bring the accused before the court if the judge issued the warrant or before the magistrate if the warrant was issued by a magistrate.
99. If the court does not know the name of the person for whom the warrant is being issued, what description must be on the warrant?
The description in the complaint if the warrant is issued by a judge, or a reasonably definite description if the warrant is issued by a magistrate.
100. Must the warrant state the offense for which the person is being charged?
Yes.
101. Where must the judge’s office be named in the warrant?
Either in the body of the warrant or in connection with the judge’s signature.
102. A warrant issued by a magistrate must command that the person be brought before a magistrate.
True.
103. The officer’s first responsibility when he or she arrests a person is to take the person before the magistrate named in the warrant within 10 hours of the arrest.
False (the officer must take the person before a magistrate without unnecessary delay, but not later than 48 hours after the arrest).
104. If a person is arrested in a county other than the one from which the warrant was issued, the peace officer must transport the person immediately to the magistrate who issued the warrant.
False.
105. Who has the authority to serve a warrant issued by a magistrate or municipal judge?
Any peace officer or someone specially named in the warrant.
106. A warrant issued by a municipal judge may only be served in the county in which the city is located.
True.
107. A warrant issued by a judge must command that the person be brought before the court.
True.
108. A judge can issue a warrant of arrest for a defendant charged with a Class C or fine-only misdemeanor in the judge’s court upon the filing of a sworn complaint or probable cause affidavit.
True.
109. The judge does not need to determine probable cause before issuing the arrest warrant for a defendant who has failed to appear in the court.
False (the judge must always determine probable cause).
110. Who must endorse a warrant issued by a mayor so that it can be served in any county in the state?
Either a judge of a court of record or a magistrate in the county in which the warrant is being executed must endorse a warrant issued by a mayor.
111. What is the required wording of the endorsement?
If a magistrate endorses the warrant, the wording is “Let this warrant be executed in the County of _____.” If a judge of a court of record endorses the warrant, the wording is “Let this warrant be executed in any county of the State of Texas.”
112. All mayors have authority to issue a capias.
False (a mayor who is also the judge of the city may issue a capias; however, a capias may only be issued by a judge with authority to hear the case and not by a magistrate. In general-law cities that have not adopted an ordinance to create the position of municipal judge, the mayor is the judge).
113. A judge who has the authority to hear a case has the authority to issue a capias.
True.
114. A municipal court clerk has the authority to issue a capias.
False.
115. The court must know the name of the defendant before it can issue a capias.
False.
116. The capias does not have to state a time when it is returnable to the court.
False.
117. When a defendant is arrested on a capias, the officer must bring the person before the court immediately or on a certain day stated in the capias
True.
118. When must a court issue a capias?
A capias is required to be issued when a forfeiture of bail is declared.
119. What happens if a peace officer does not execute a capias by the date fixed in the capias?
The capias is still valid and may be executed at any time.
120. Where is a capias returned to?
The return is made to the court from which the capias was issued.
121. What information is required to be on the return when the peace officer was unable to execute the capias?
The officer must state the reason for failing to execute the warrant, and if the defendant cannot be located, what efforts have been made to find the defendant.
122. A municipal court clerk has the authority to issue a summons.
False (there is no authority for a clerk to issue a summons).
123. A municipal judge may issue a summons.
True.
124. Mayors have no authority to issue a summons.
True.
125. A municipal court summons must follow the same form and procedure of the summons issued by the district court.
False (a mayor may issue a summons as a magistrate or if the mayor is also the municipal judge, the mayor may issue the summons as a judge).
126. A summons issued by the municipal judge is supposed to be in the same form as a felony warrant of arrest.
False (in the form of a felony capias).
127. A summons for a corporation or association requires the court to wait 20 days after service on the corporation or association before requiring an appearance by counsel for the corporation or association
True.
128. The summons does not have to contain a notice in Spanish that it is an offense to intentionally influence, coerce, or harm a witness.
False.
129. A summons tells the defendant to appear in court at a stated time and place.
True.
130. The only time that a municipal judge may issue a summons is when the city prosecutor makes a request for its issuance
True.
131. A summons issued for a corporation or associate must be served in person.
True.
132. A copy of the summons must be personally delivered to a defendant.
False (in the form of a felony capias).
133. A summons may be served by mailing it.
True.
134. Municipal court clerks have the authority to serve a summons.
False.
135. What is the form of a summons issued by a magistrate?
False See, Article 15.03(b), C.C.P. A summons for an individual may be mailed to the defendant’s last known address.
136. What does a summons issued by a magistrate do?
False See, Article 15.03(b), C.C.P. A summons for an individual may be mailed to the defendant’s last known address.
137. When may a magistrate issue a summons?
Anytime that he or she may issue a warrant of arrest.
138. When a defendant fails to respond to a summons issued by the court (judge), what type of order does the court issue?
A capias.
139. When a defendant fails to respond to a summons issued by a magistrate, what type of order does the magistrate issue?
A warrant of arrest.
140. Courts only collect the arrest fee when a defendant is arrested and taken to jail.
False (the arrest fee is also assessed when a defendant is issued a citation by a peace officer).
141. The arrest reimbursement fee is $5.
True.
142. The city must remit $1 of the arrest reimbursement fee to the State for every arrest that a city officer makes.
False (the city need only remit to the State when the officer is employed by the State).
143. The warrant reimbursement fee can be collected upon conviction of a defendant only when a peace officer executes the warrant.
False (the warrant reimbursement fee applies also if a peace officer processes the warrant).
144. If another law enforcement agency executes the warrant, the court is required to send the $50 warrant reimbursement fee to the other law enforcement agency even if the defendant is found not guilty.
False (the warrant reimbursement fee only is assessed upon conviction).
145. The warrant reimbursement fee must be allocated to the police department budget.
False (the warrant reimbursement fee goes into the city’s general revenue fund).
146. A search warrant is a verbal order of a magistrate.
False (it is written in order).
147. A search warrant may command a peace officer to search for and seize a person’s property.
True.
148. A municipal judge who is not a licensed attorney may issue any type of search warrant.
False.
149. After a search warrant is executed, the clerk must make a copy of the affidavit and have it available to the public.
True.
Flip Cards
Part 6: Bail & Part 7: Bond Forfeitures
150. When a defendant posts a bond with the court, he or she is promising to appear in court at a later date.
True.
151. Only a magistrate may set a bond.
False (a judge can require a defendant to post a bond in municipal court under Article 45.016, C.C.P.).
152. Defendants may not use cash as security on a bail bond.
False.
153. When the court allows a personal bond, the defendant is released from custody on the defendant’s word that he or she will appear in court without sureties or other security.
True.
154. A cash bond received by a peace officer must be deposited with the custodian of the funds of the court.
True.
155. Do defendants charged with Class C misdemeanors in municipal court have to follow the same bail rules as someone posting a bond for trial in district court?
No. See, Art. 45.016, C.C.P.
156. When a defendant complies with the conditions of a bond by making all required appearances in court, may a court keep the bond to pay the fine if the defendant is convicted?
Legally, the bond is to be refunded and fines/costs assessed against the defendant. The defendant is entitled to jail credit, so the amount held in bond and the amount owed after judgment may not match up. Legally, the bond shall be refunded, and the defendant shall pay new money to satisfy the judgment. Practically, courts convert the bond to make it easier on both the defendant and the court
157. When is the court required to forfeit a defendant’s bail?
When the defendant fails to appear.
158. When a defendant fails to appear after having posted a bond, what must the court do?
Article 22.02 of the Code of Criminal Procedure requires that the court order the defendant’s name called outside the courtroom. This is an element of the bond forfeiture lawsuit. This requirement makes sure that the defendant had notice that his or her case was being called before the court.
159. What is a judgment nisi?
A judgment nisi recites the amount of the forfeiture, who is liable for the judgment, and that the judgment will be made final unless good cause is shown as to why the defendant did not appear.
160. What is a scire facias docket?
It is a civil docket in which the court enters proceedings of a bond forfeiture
161. When may a municipal judge forfeit a cash bond for a Class C misdemeanor without going through the bond forfeiture proceedings in Chapter 22?
A judge may take a bond for the fine and costs when a defendant has entered a written and signed conditional plea of nolo contendere and a waiver of jury trial, and the defendant fails to appear according to the terms of the defendant’s release.
162. If the defendant wants a new trial, what must the defendant do?
The defendant must make a request for a new trial within 10 days from the date the judgment was entered
163. When the defendant requests a new trial, what must the court do?
The court must allow the defendant to withdraw the plea of nolo contendere and enter a plea of not guilty and reinstate the defendant’s bond.
164. When the defendant does not request a new trial, what does the court do with the bond money?
The court reports the court costs to the comptroller’s office and deposits the fine portion of the bond in the general revenue fund of the city. If the defendant has been in jail, the court is also required to give jail-time credit and may have to refund that credit to the defendant.