Texas Code of Criminal Procedure 4.12 – Misdemeanor Cases; Precinct in Which Defendant to Be Tried in Justice Court
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(a) Except as otherwise provided by this article, a misdemeanor case to be tried in justice court shall be tried:
(1) in the precinct in which the offense was committed;
(2) in the precinct in which the defendant or any of the defendants reside;
(3) with the written consent of the state and each defendant or the defendant’s attorney, in any other precinct within the county; or
(4) if the offense was committed in a county with a population of 3.3 million or more, in any precinct in the county that is adjacent to the precinct in which the offense was committed.
(b) In any misdemeanor case in which the offense was committed in a precinct where there is no qualified justice court, then trial shall be held:
Terms Used In Texas Code of Criminal Procedure 4.12
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(1) in the next adjacent precinct in the same county which has a duly qualified justice court; or
(2) in the precinct in which the defendant may reside.
(c) In any misdemeanor case in which each justice of the peace in the precinct where the offense was committed is disqualified for any reason, such case may be tried in the next adjoining precinct in the same county having a duly qualified justice of the peace.
(d) A defendant who is taken before a magistrate in accordance with Article 15.18 may waive trial by jury and enter a written plea of guilty or nolo contendere.
(e) The justices of the peace in each county shall, by majority vote, adopt local rules of administration regarding the transfer of a pending misdemeanor case from one precinct to a different precinct.