Texas Code of Criminal Procedure 11.08 – Applicant Accused of Felony
Terms Used In Texas Code of Criminal Procedure 11.08
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
If the applicant is accused of committing a felony offense, whether by indictment, information, warrant, 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 indictment or information charging the applicant is pending; or
(2) if an indictment or information charging the applicant has not been filed or the judge of the court in which the indictment or information is pending is not available:
(A) to any judge with felony jurisdiction in a county to which the writ is returnable; or
(B) if there is no judge with felony jurisdiction available in a county described by Paragraph (A), to any judge with felony jurisdiction who presides over a court in any county that adjoins a county described by Paragraph (A).