Understanding the Criminal Code
Updated: Oct 10
In Texas, a prosecutor must follow the code of criminal procedure in order to prosecute an individual(s) for an alleged crime. In other words, they must follow the law. This is one of the reasons why, an individual hires a criminal defense attorney, in order to help them with their case, so that the playing field is leveled. The code is full of intricacies that most individuals will not notice, unless they themselves have studied it. Highly unlikely!
One of those intricacies comes in article section 16.01, which is most commonly known as the "examining trial," and it has its legal implications on both the accused and prosecution. Here is what it says, "...the accused in any felony case shall have the right to an examining trial before indictment in the county having jurisdiction of the offense, whether he be in custody or on bail..." again, this has some implications for those facing indictment.
This has Sixth Amendment analysis implications, and it is a crucial stage in the prosecution of any case. This gives the accused the opportunity to examine all of the evidence that the State has against him/her. Can you see how this is crucial? If you have been wrongfully accused of a crime, you want to have an examining trial at your disposal. Did you know that you had that ability?
Whether you have been accused of murder, manslaughter, DWI, aggravated assault, Drug charges, prostitution, sex crimes, white collar crimes, burglary, theft or any other serious crimes in San Antonio or in Texas, The Law Office of E.R. Báez is here to help. Mr. Báez will personally handle your case, and he will tell you the options that you have as it relates to the prosecution of your case.
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