Texas Code of Criminal Procedure 11.09 – Applicant Accused or Convicted of Misdemeanor
(a) If the applicant is accused of committing a misdemeanor offense, whether by information, warrant, complaint, arrest, or other means, and has not been convicted of the offense, the applicant or petitioner may apply:
(1) to the judge of the court in which the information charging the applicant is pending; or
(2) if an information charging the applicant has not been filed or the judge of the court in which the information is pending is not available:
(A) to any judge of a county court with criminal jurisdiction in a county to which the writ is returnable; or
(B) if there is no judge of a county court with criminal jurisdiction available in a county described by Paragraph (A), to any judge of a county court with criminal jurisdiction who presides over a court in any county that adjoins a county described by Paragraph (A).
(b) After final conviction in any misdemeanor case, the applicant or petitioner may apply to the judge of the court in which the applicant was convicted.
Terms Used In Texas Code of Criminal Procedure 11.09
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.