Terms Used In Texas Code of Criminal Procedure 45.0241

  • 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.

A justice or judge may not accept a plea of guilty or plea of nolo contendere from a defendant in open court unless it appears to the justice or judge that the defendant is mentally competent and the plea is free and voluntary.


Text of article effective until January 01, 2025