Showing posts with label Houston. Show all posts
Showing posts with label Houston. Show all posts

Thursday, January 27, 2011

ANDY NOLEN: WAIVER OF INDICTMENT FOR NONCAPITAL FELONY

indictment
Art. 1.141. WAIVER OF INDICTMENT FOR NONCAPITAL FELONY.

 A person represented by legal counsel may in open court or by written instrument voluntarily waive the right to be accused by indictment of any offense other than a capital felony. On waiver as provided in this article, the accused shall be charged by information.

Added by Acts 1971, 62nd Leg., p. 1148, ch. 260, Sec. 1, eff. May 19, 1999

Andy Nolen has practiced law for 20 years and has represented over 3000 clients and had hundreds of cases dismissed. He has successfully helped people with all types of drug cases from possession of drug paraphernalia to multi kilo cocaine case. Please call Attorney Andy Nolen to talk about your case for free at 832-480-8951

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ATTORNEY ANDY NOLEN: RIGHT TO TRIAL BY JURY

The defence restsImage by Steve Punter via Flickr
Art. 1.12. RIGHT TO JURY.  The right of trial by jury shall remain inviolate.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.13. WAIVER OF TRIAL BY JURY.  (a) The defendant in a criminal prosecution for any offense other than a capital felony case in which the State notifies the court and the defendant that it will seek the death penalty shall have the right, upon entering a plea, to waive the right of trial by jury, conditioned, however, that such waiver must be made in person by the defendant in writing in open court with the consent and approval of the court, and the attorney representing the State. The consent and approval by the court shall be entered of record on the minutes of the court, and the consent and approval of the attorney representing the State shall be in writing, signed by him, and filed in the papers of the cause before the defendant enters his plea.

(b) In a capital felony case in which the attorney representing the State notifies the court and the defendant that it will not seek the death penalty, the defendant may waive the right to trial by jury but only if the attorney representing the State, in writing and in open court, consents to the waiver.

(c) A defendant may agree to waive a jury trial regardless of whether the defendant is represented by an attorney at the time of making the waiver, but before a defendant charged with a felony who has no attorney can agree to waive the jury, the court must appoint an attorney to represent him.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.