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Texas Code of Criminal Procedure - CRIM P Art. 11.06. Where Writ Is Returnable in Cases Not Involving Felony Conviction

Current as of January 01, 2024 | Updated by FindLaw Staff

(a) If the applicant has not been formally charged by indictment or information, the writ must be made returnable to the county in which:

(1) the applicant is confined to the custody of the sheriff or other authority;

(2) the applicant is alleged, by any means including the issuance of a warrant for the applicant's arrest or the applicant's arrest pursuant to Chapter 14, to have committed a criminal offense that provides the basis for the restraint from which the application seeks relief; or

(3) if neither Subdivision (1) nor (2) applies, the action imposing a restraint on the applicant's liberty occurred.

(b) After the applicant has been charged by indictment or information, and before any conviction of the applicant, the writ must be made returnable to the county in which the indictment or information is pending.

(c) After final conviction in any misdemeanor case, the writ must be made returnable to the county in which the applicant was convicted.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 11.06. Where Writ Is Returnable in Cases Not Involving Felony Conviction - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-11-06/

Read this complete Texas Code of Criminal Procedure - CRIM P Art. 11.06. Where Writ Is Returnable in Cases Not Involving Felony Conviction on Westlaw. Westlaw subscription required.

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