Texas § CR.4.12 - MISDEMEANOR CASES

§ CR.4.12. MISDEMEANOR CASES

MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT. (a) Except as otherwise provided by this article, a misdemeanor case to be tried in justice court shall be tried: (1) in the precinct in which the offense was committed; (2) in the precinct in which the defendant or any of the defendants reside; (3) with the written consent of the state and each defendant or the defendant's attorney, in any other precinct within the county; or (4) if the offense was committed in a county with a population of 3.3 million or more, in any precinct in the county that is adjacent to the precinct in which the offense was committed. (b) In any misdemeanor case in which the offense was committed in a precinct where there is no qualified justice court, then trial shall be held: (1) in the next adjacent precinct in the same county which has a duly qualified justice court; or (2) in the precinct in which the defendant may reside. (c) In any misdemeanor case in which each justice of the peace in the precinct where the offense was committed is disqualified for any reason, such case may be tried in the next adjoining precinct in the same county having a duly qualified justice of the peace. (d) A defendant who is taken before a magistrate in accordance with Article 15.18 may waive trial by jury and enter a written plea of guilty or nolo contendere. (e) The justices of the peace in each county shall, by majority vote, adopt local rules of administration regarding the transfer of a pending misdemeanor case from one precinct to a different precinct. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1999, 76th Leg., ch. 1545, Sec. 2, eff. Sept. 1, 1999; Subsec. (d) added by Acts 2001, 77th Leg., ch. 145, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1086 (S.B. 1200 ), Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79 ), Sec. 5.05, eff. January 1, 2012.