Texas Code of Criminal Procedure 11.06 – Where Writ Is Returnable in Cases Not Involving Felony Conviction
(a) If the applicant has not been formally charged by indictment or information, the writ must be made returnable to the county in which:
(1) the applicant is confined to the custody of the sheriff or other authority;
(2) the applicant is alleged, by any means including the issuance of a warrant for the applicant’s arrest or the applicant’s arrest pursuant to Chapter 14, to have committed a criminal offense that provides the basis for the restraint from which the application seeks relief; or
(3) if neither Subdivision (1) nor (2) applies, the action imposing a restraint on the applicant’s liberty occurred.
(b) After the applicant has been charged by indictment or information, and before any conviction of the applicant, the writ must be made returnable to the county in which the indictment or information is pending.
Terms Used In Texas Code of Criminal Procedure 11.06
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) After final conviction in any misdemeanor case, the writ must be made returnable to the county in which the applicant was convicted.