Code of Criminal Procedure · Art. 16.01

Procedure

Procedure is covered under Art. 16.01 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Pre-indictment, felony only; Magistrate determines probable cause; May adjust bail; Right cuts off when grand jury indicts.

Elements you must prove

  • Pre-indictment, felony only
  • Magistrate determines probable cause
  • May adjust bail
  • Right cuts off when grand jury indicts

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Worked examples

Worked example 1

An 'examining trial' under Art. 16 is:

  1. A trial on the merits
  2. A pre-indictment hearing in felony cases at which the magistrate determines whether probable cause exists to bind the defendant over to grand jury Correct
  3. A jury trial
  4. A bench trial
Why: An examining trial is a felony pre-indictment hearing. The magistrate determines whether probable cause supports the charge, can adjust bail, and may discharge the defendant if probable cause is lacking. The right is generally lost if an indictment is returned before the examining trial occurs.
Statute: Tex. Code Crim. Proc. art. 16.01–16.16

Statutory definitions for this topic

Examining trial Tex. Code Crim. Proc. arts. 16.01–16.16
A pre-indictment hearing in felony cases at which a magistrate determines whether probable cause exists to bind the defendant over to grand jury, may adjust bail, and may discharge the defendant if probable cause is lacking. Right cuts off when grand jury indicts.