I have a potential Retaliation charge (at least a Terroristic Threat) and I need help. Defendant was arrested for assaulting V (wife). Defendant gets out of jail and calls V's work from his cell phone. Don't know where defendant was when he made the call, only that it was from his cell. On that phone call, defendant threatens to kill V for calling the police having him arrested on the assault. Victim gets off work and reports it to our local PD. Kicker? Victim works in another county.

Do I have jurisdiction to prosecute? Is my county the proper venue? I don't know where defendant was when he made the call, but the call was made to victim's work in another county. The underlying assault is in my county, but in the County Attorney's Office (I only have felony jurisdiction at the DA's Office - County Attorney handles misdemeanors).

I hope this makes sense. I'm having a real Monday today.

Lauren,

I would get a grand jury subpoena or court order for defendant's cell records. See Ford v. State, 477 S.W.3d 321 (Tex. Crim. App. 2015)for current law regarding 4th amendment not applying to historical cell tower location data. This should determine the location of the tower where the call was made.

Also if you are unable to determine the venue, then I would look at 13.19 CCP that allows for prosecution where defendant resides, where he is apprehended or where he is extradited to.

I hope this gives you a place to start looking.