August 20, 2012, 15:44
J AnsolabehereVenue Question
I know that you can file charges for a telephone harassment case in the county where the victim received the calls (Mears). But can you also file the charges in the county where the calls originated? I have an officer who doesn't want to file the charges in the county where the victim received the harassing calls.
Janette A
August 21, 2012, 10:59
Lauren MarfinUnder CCP art. 13.18, venue is appropriate in the county where the offense was committed, if venue is not otherwise specifically provided for. The Court of Crim. Appeals explains the statute nicely in Wood v. State, 573 S.W.2d 207, 210-11, holding that venue is appropriate in any county where an element of the offense occurs. Haigood, 814 S.W.2d 262 and Salisbury, 867 S.W.2d 894, are also helpful and specifically deal with harassment.