Member
| While I cannot answer your question directly, I must say there is nothing said in Art. 15.17 about authority to dismiss a charge, except perhaps subsection (d). And Chapter 15 applies only to arrests made under a warrant.
Conceivably, Art.11.16, in conjunction with 11.09, would provide authority to consider whether there was probable cause, but generally dismissal of a pending case must be with the State's consent under 32.02 and cannot be based on a perceived lack of probable cause already assessed by the county or district attorney. While a motion to suppress can be considered before trial (based on live testimony), admissibility of evidence is normally considered upon objection at trial. So, I would hope the answer to your question is "never happens." In any event, I doubt the accused is considered to have been in jeopardy under the facts you state. |
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Member
| I am going to assume the issue may arise in connection with Arts. 17.028(a) and 17.15(a)(3); and perhaps 17.033(a). I guess the judge is being provided with the offense report in that connection (and not for determination of the validity of the arrest or things which might impact successful prosecution). I guess your judges use this as a method to clear out the jail and their docket quickly. I can't imagine the arresting officers are enthused. |
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