Texas Government Code 54.2803 – Jurisdiction
(a) Except as provided by Subsection (b), the criminal law magistrate court has the criminal jurisdiction provided for magistrates by the constitution and laws of this state in all criminal cases:
(1) alleging an offense other than an offense punishable only as a Class C misdemeanor;
(2) for which a magistrate or judge has determined there is probable cause to believe the defendant committed the crime alleged;
(3) in which the defendant has been released or is confined in the Denton County jail; and
(4) in which either:
(A) the defendant has not yet been charged by information or indictment; or
(B) the judge presiding over the case has specifically authorized the criminal law magistrate to take certain actions.
(b) The criminal law magistrate court and the criminal law magistrate court associate judge do not have jurisdiction to:
(1) hear a trial on the merits of an offense, except as provided by § 54.2811(c); or
(2) take any action not specifically authorized by an order of referral from the judge presiding in a criminal case in which the defendant has been charged by information or indictment.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C misdemeanor | up to $500 |
Terms Used In Texas Government Code 54.2803
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- 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.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) The magisterial duties in a criminal case shall be transferred to the criminal law magistrate court:
(1) on request of a presiding judge in a criminal case for which the defendant has been charged by information or indictment; or
(2) after a defendant has been transferred to the custody of the Denton County jail or released from custody on bond in Denton County.