TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Water Code Violation
Go
New
Find
Notify
Tools
Reply
  
Water Code Violation Login/Join 
Member
posted
One of our deputies wrote a ticket for violation of Tex. Water Code 29.044 which is punishable under 29.046

"A person who violates any provision of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100 nor more than $1,ooo or by confinement in the county jail for not more than 10 days or by both."

The Deputy filed this ticket with our JP but the JP is curious whether the potential jail time makes it a County Court case. I can't seem to find anything one way or the other but Penal Code 12.03 seems to say that unclassified misdemeanors in the Penal Code are to be treated as Class C.

I am inclined to treat it as a Class C under JP jurisdiction unless someone can point me to a different answer.

Thanks
 
Posts: 14 | Location: Martin County, Texas | Registered: May 19, 2003Reply With QuoteReport This Post
Member
posted Hide Post
Had a similar issue here once. Look at article 4.11 of Code of Criminal Procedure. Because conviction includes possible jail time the Justice Court does not have jurisdiction.

Better practice would be to file in County Court under article 4.07 CCP. It is a misdemeanor of which exclusive jurisdiction is not given to the justice court.
 
Posts: 6 | Location: Milam County | Registered: February 08, 2016Reply With QuoteReport This Post
Member
posted Hide Post
quote:
4.11 of Code of Criminal Procedure



Thanks
 
Posts: 14 | Location: Martin County, Texas | Registered: May 19, 2003Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Water Code Violation

© TDCAA, 2001. All Rights Reserved.