Chapter 4: Courts and Criminal Jurisdiction

The Code of Criminal Procedure outlines the various courts with jurisdiction in criminal actions, detailing their specific roles and functions.

Article 4.01: Jurisdiction of Courts

  • Courts with Criminal Jurisdiction: The following courts have jurisdiction in criminal actions:

    1. The Court of Criminal Appeals

    2. Courts of appeals (excluding the Fifteenth Court of Appeals District)

    3. District courts

    4. Criminal district courts

    5. Magistrates from district courts in Bexar, Dallas, Tarrant, or Travis counties, who prioritize criminal cases

    6. County courts

    7. All county courts at law with criminal jurisdiction

    8. County criminal courts

    9. Justice courts

    10. Municipal courts

    11. Magistrates from various counties such as Lubbock, El Paso, Collin, Brazoria, Tom Green, Denton, and Grayson counties

Article 4.02: Continuation of Existing Courts

  • Existing Courts: No existing courts shall be abolished, and they will continue to operate under their current jurisdiction, organization, and powers unless modified by new legislation.

Article 4.03: Courts of Appeals

  • Appellate Jurisdiction: The Courts of Appeals, except for the Fifteenth Court of Appeals District, have appellate jurisdiction in criminal cases confined to their respective districts, with certain exceptions regarding the death penalty and cases involving fines not exceeding one hundred dollars, barring constitutional challenge.

Article 4.04: Court of Criminal Appeals

  • Authority and Jurisdiction: The Court of Criminal Appeals holds the authority to issue various writs, including habeas corpus, mandamus, and certiorari. It has comprehensive appellate jurisdiction in criminal cases statewide, particularly for those involving the death penalty. The court may also review decisions of lower courts at its discretion.

Article 4.05: District Courts

  • Original Jurisdiction: District courts and criminal district courts possess original jurisdiction for felony cases, misdemeanors involving official misconduct, and specific misdemeanor cases transferred to them.

Article 4.06: Trials of Felonies Including Misdemeanors

  • Felony Trials: During a felony trial, the court can determine any included lesser offenses indicated in the indictment, regardless of whether the evidence suggests a felony or misdemeanor.

Article 4.07: County Courts

  • Original Jurisdiction: County courts have original jurisdiction over all misdemeanors not specifically assigned to justice courts, particularly when the imposed fine exceeds five hundred dollars.

Article 4.08: Appellate Jurisdiction of County Courts

  • Appeals in Criminal Cases: County courts also handle appeals from cases within the original jurisdiction of justice courts and inferior courts.

Article 4.09: Appeals from Inferior Courts

  • Transfer of Jurisdiction: If jurisdiction from a county court has been moved to a district court or county court at law, then appeals from justice or other inferior courts will be directed to the respective court.

Article 4.10: Forfeiture of Bail Bonds

  • Jurisdiction on Bail Bonds: Both county courts and county courts at law have the authority to handle forfeiture and judgment regarding bail bonds in criminal cases.

Article 4.11: Jurisdiction of Justice Courts

  • Original Jurisdiction: Justice courts hold original jurisdiction over cases punishable by fines or sanctions not involving imprisonment, including certain offenses under the Alcoholic Beverage Code. Additionally, they share concurrent jurisdiction with municipal courts on specific extraterritorial issues.

Article 4.12: Misdemeanor Trials in Justice Courts

  • Trial Locations: Misdemeanors are typically tried in the precinct where the offense occurred or where the defendant lives, with provisions for exceptions based on local magistrate availability and consent.

Additional Articles (4.13 - 4.19)

  • Articles throughout outline various powers related to bond forfeitures, concurrent jurisdiction across courts, transfer of misdemeanor cases, court capacity for scheduling hearings, agreements for concurrent jurisdiction between municipalities, and specific provisions regarding juvenile cases and any adult certification.

This section of the Code of Criminal Procedure provides a comprehensive framework for understanding the jurisdiction and responsibilities of various courts in criminal matters in Texas, as well as the processes for appeal and trial.