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Texas Code of Criminal Procedure - CRIM P Art. § 20A.258. Examination of Accused or Suspected Person

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

(a) Before the examination of an accused or suspected person who is subpoenaed to appear before the grand jury, the person shall be:

(1) provided the warnings described by Subsection (b) orally and in writing; and

(2) given a reasonable opportunity to:

(A) retain counsel or apply to the court for an appointed attorney; and

(B) consult with counsel before appearing before the grand jury.

(b) The warnings required under Subsection (a)(1) must consist of the following:

“Your testimony before this grand jury is under oath. Any material question that is answered falsely before this grand jury subjects you to being prosecuted for aggravated perjury. You have the right to refuse to make answers to any question, the answer to which would incriminate you in any manner. You have the right to have a lawyer present outside this chamber to advise you before making answers to questions you feel might incriminate you. Any testimony you give may be used against you at any subsequent proceeding. If you are unable to employ a lawyer, you have the right to have a lawyer appointed to advise you before making an answer to a question, the answer to which you feel might incriminate you.”

(c) In examining an accused or suspected person, the grand jury shall:

(1) first state:

(A) the offense of which the person is accused or suspected;

(B) the county in which the offense is alleged to have been committed; and

(C) as closely as possible, the time the offense was committed; and

(2) direct the examination to the offense under investigation.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 20A.258. Examination of Accused or Suspected Person - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-20a-258/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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