Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

Return to Master Index
Abandoned motor vehicles seized by a county sheriff, statute governing disposition of GA-0542
Admonish arrestee, Code of Criminal Procedure article 15.17, duty of magistrate as required by, is a mandatory dutyGA-0993
Admonishments, right to receive from a magistrate under Code of Criminal Procedure article 15.17, may be waived by arrested person pursuant to Code of Criminal Procedure article 1.14(a) if done plainly, freely and intelligentlyGA-0993
Affidavits and arrest warrants, use of computer system to prepare, sign, and transfer among county offices without transferring paper copiesLO97-082
Appointment of counsel for indigent defendant, constitutionality of statutory indigency standard forJC-0549
Appointment of counsel for indigents, constitutionality of article 1.051(c) of Code of Criminal Procedure requiring that counsel for indigent criminal defendant be appointed within one day of defendant's request in populous counties and within three days JC-0549
Appointment of counsel in criminal cases for non-indigent defendantsGA-0884
Appointment to represent an indigent criminal defendant in appellate proceedings, article 26.06 of the Code of Criminal Procedure and Government Code section 82.064 appear to recognize the authority of a justice of the peace to acceptGA-0651
Arrest records expunged by court order may not be released, disseminated, or used for any purposeLO93-088
Arrest warrant, authority of constable to collect on bad checks when servingLO96-031
Arrest warrant, filing of affidavit in support by justice court does not stop running statute of limitations for class A or B misdemeanorLO95-081
Arrest warrant, sheriff of county that issues has duty to transport defendant located in different countyLO92-067
Arrestee taken into custody by city police officer for violation of state statute and committed to jail by magistrate, obligation of sheriff to acceptDM-0313
Arrests in municipal water district, authority of Water Code enforcement officers who are not peace officers to makeLO95-027
Arrests made by de facto peace officers, validity ofDM-0381
Arrests on casino boats, peace officers have authority to make arrests under state law within state's territorial waters; on high seas, beyond jurisdiction of both the State of Texas and the United States, law of ship's flag state and international lawJC-0466
Article 102.005, Code of Criminal Procedure - a defendant whose conviction from a municipal court of record was affirmed at the county-court level would not be subject to the fees imposed under article 102.005 because the conviction occurred at the municipal levelGA-1063
Article 102.005, Code of Criminal Procedure - a defendant whose conviction from a municipal court of record was affirmed at the county-court level would not be subject to the fees imposed under article 105.005 because the conviction occurred at the municipal levelGA-2014
Article 102.011(a)(2), Code of Criminal Procedure - a court may assess a separate fee for each arrest warrant issued even when multiple warrants result in only one arrest underGA-1063
Article 102.011(a)(6), Code of Criminal Procedure - a court could conclude that any commitment or release from jail after the conclusion of the case will not be a service performed in the case and that fees for those services are therefore not authorized underGA-1063
Articles 42.03 and 45.041, Code of Criminal Procedure - a court may give a defendant credit only for time served from the time of arrest and confinement until sentencing by the trial court underGA-1063
Bail bond board may not require applicant to provide title insurance or title optionLO97-102
Bail bond board, authority to dissolveGA-0663
Bail bond enforcement, in the bail bond forfeiture context a court may hold an individual surety liable on bond even though the surety did not personally sign itGA-0288
Bail bond requisites, authority of a sheriff in a county without a bail bond board to require a surety to personally sign a bond and to prohibit an attorney-in-fact from signing a bond on the surety's behalfGA-0288
Bail bonds, municipal court must require from an attorney acting as surety for a client evidence of the sufficiency of the security offered as provided by chapter 17 of the Code of Criminal ProcedureJC-0277
Bail bonds, sheriff's authority to determine sufficiency of security executed by attorney for client and to require individual surety to post collateralDM-0483
Bail bondsman licensing in county that does not have a bail bond board, sheriff is not authorized to imposeLO98-105
Bail, a municipal police officer may set for an individual arrested on a misdemeanor charge; may set for a defendant arrested on a felony unless the case is pending before a courtGA-0457
Bail, amount must be determined on a case-by-case basis after the person has appeared before a magistrateDM-0057
Bail, magistrate may not require bailable defendant to provide split bond, i.e., part personal bond and part bail bondJC-0215
Bail, sheriff in a county that does not have bail bond board is not authorized to post list of preapproved bondsmen in the county jailJC-0541
Bond default in another county, sheriff in county with bail bond board may not refuse bond of bondsman licensed in the county on the basis ofJC-0019
Cash bail bond, a county is not entitled to deduct a fee for accounting and administrative expense from the return of aGA-0960
Cash bail bond, authority of district clerk to accept assignment of to pay fines and costsGA-0773
Civil asset forfeiture funds - use of to purchase property pending appealKP-200
Closed circuit video conference for court to receive defendant's plea or waiver of a right, preservation of video recording and court reporter's notes of hearing byJC-0404
Code of Criminal Procedure article 42.12 section 5(c) authorizing early termination of deferred adjudication community supervisionGA-1077
Collection of delinquent crime restitution funds under Code of Criminal Procedure article 103.0031(a)(1)(A)KP-173
Commitment order for person accused of class A or B misdemeanor, authority of municipal judge to issueDM-0313
Community supervision ends automatically at expiration of community supervision periodGA-0413
Community supervision, court may not require defendant accused of a drug-related crime who is placed on to pay a fee, part of which will go to the prosecutor's officeGA-0095
Conviction information that the Texas Youth Commission must furnish to a school district when its parolee transfers to a district in which he has not been previously enrolledGA-0860
Conviction of a felony or crime involving moral turpitude, under Government Code section 406.004 Secretary of State may not commission as a notary an individual with a Conviction of a felony or crime involving moral turpitude, Secretary of State may use as a basis, but is not required by, to initiate commission revocation proceedings against a commissioned notary publicGA-0733
County Attorney pro tem, article 2.08 of the Code of Criminal Procedure does not disqualify county attorney pro tem from representing criminal defendants in an adjoining countyGA-0241
County court at law judge may be assigned to hear pleas of guilty in felony cases filed with district courtLO90-074
Court or magistrate before which prosecution is "pending" for filing affidavit of surety to surrender bond principalLO98-066
Credit for time served in jail as result of failure to pay fine after conviction of class C misdemeanorJC-0246
Criminal docket, justice of the peace may maintain electronically in addition to or in lieu of printed paper mediaDM-0139
Criminal jurisdiction of State of Texas and its coastal counties extends three marine leagues from coastline into Gulf of MexicoJC-0466
Cumulation orders, requirements forJC-0393
Death penalty habeas corpus actions, court's power to appoint counsel inDM-0354
Default on payment of fines or costs for multiple class C misdemeanors, misdemeanant who is ordered to be confined to enforce payment serves terms of confinement concurrently if confined when order is issuedJC-0393
Defer prosecution, prosecutor generally may not in exchange for offender's monetary contribution to governmental or nonprofit organizationJC-0042
Defer prosecution, prosecutor generally may not in exchange for offender's monetary contribution to nonprofit organization incorporated by prosecutor and assistantsJC-0119
Deferred adjudication community supervision, article 42.12, section 5(h) of Code of Criminal Procedure does not authorize the state to pursue a defendant for past due fines and costs with a capias pro fine, where no motion to adjudicate was filed prior to the expiration ofGA-0396
Deferred adjudication community supervision, person who has completed and whose charges have been dismissed is ineligible for pardonDM-0349
Deferred adjudication, time payment fee does not applyDM-0464
Detention of child transferred to criminal court for prosecution who is under the age of seventeen years separately from adult detainees, article 4.19 of the Code of Criminal Procedure does not authorizeGA-0927
District attorney pro tem, district judge may appoint even when there is an assistant district attorney in placeJM-1246
Driver's license, Department of Public Safety may deny renewal of driver's license for a person who fails to pay fine and cost for any offense in any court with criminal jurisdictionGA-0479
Driver's license, Department of Public Safety may deny renewal of driver's license for person who fails to appear in justice or municipal court, but not of a person who fails to appear in county or district courtGA-0479
Electronic monitoring program separate from that established by a community supervision and corrections department under Code of Criminal Procedure article 42.035(a), a county commissioners court has no authority to establishGA-0683
Employees of bail bondsmen, board rule imposing restrictions on employment beyond those established by statute exceed authority of bail bond boardGA-0895
Execution of murderer, Board of Criminal Justice may adopt rule allowing relatives of victims to attendLO95-059
Expenses of nonresident witness in criminal proceeding, authority of prosecutor to advance without preapproval of the presiding judgeGA-0888
Expunction order, official or entity subject to must return records to court or obliterate all portions that identify petitionerLO93-088
Fee imposed on bail bond sureties for prosecutor longevity pay and indigent defense, surety's entitlement to a refund as of date prosecutor declines to prosecute or grand jury declines to indictGA-0207
Fee of $20, sheriff may not impose for release of inmate at the time a bail bond is filedJM-1172
Final say on where to land a helicopter at a traffic accident scene, a helicopter pilot rather than a sheriff’s office or fire department would always have theGA-0859
Forfeited automobiles, district attorney's authority to contract for sale by sheriff's auctionLO97-091
Forfeited property, article 59.01(7)(B) of the Code of Criminal Procedure provides for forfeiture of certain income from "the sale of tangible property the value of which is increased by the notoriety gained from the conviction of an offense by the personGA-0298
Forfeited property, article 59.06 of the Code of Criminal Procedure authorizes an attorney representing the state to transfer forfeited property to "law enforcement agencies" as defined in article 59.01(5)GA-0259
Forfeited property, the office of an attorney representing the state is a "law enforcement authority" that may receive forfeited property under article 59.06 of the Code of Criminal ProcedureGA-0259
Forfeited property, whether income from the sale of artwork by a person accused or convicted of a crime is subject to forfeiture under article 59.01(7)(B) of the Code of Criminal Procedure depends upon the resolution of fact questionsGA-0298
Forfeiture funds under Code of Criminal Procedure article 59.06(c)(1), cannot be used to pay legal fees for defense of district attorney GA-0755
Forfeiture funds, city council has only limited authority to determine how to expendDM-0072
Forfeiture funds, court would be unlikely to conclude that district attorney may use, to purchase land and building for subsequent sale or lease to other entities as such use of the property would likely not be considered an official purpose of district attorney's office under Code of Criminal Procedure article 59.06GA-1059
Forfeiture of contraband proceedings, district clerk's authority to require county to pay court costs inLO93-089
Grand Jury has no statutory authority to issue reports documenting its investigations and findings that do not constitute criminal violations reportable by indictmentKP-137
Grand jury in multicounty judicial district, authority to return indictment for an offense committed in another countyDM-0291
Grand jury subpoena duces tecum for credit union records, credit union pays cost of complying withJC-0181
Grand jury terms, Brewster County has four annualLO94-003
Guilty plea, inclusion of in pretrial diversion agreement, this office cannot advise on given lack of definitive guidance on the matterGA-0986
Habeas corpus, filing fees applicable to petition for preindictment writ ofLO96-072
Habeas corpus, prosecutor may waive service by certified mail, return receipt requested, of copy of application for writ ofJC-0044
Information, filing with supporting affidavit in court tolls statute of limitations for class A or B misdemeanorLO95-081
Inquest hearing, necessity for must be determined at time of inquest; if findings are rendered at inquest as to cause of death, justice of peace may not subsequently order inquest hearingJM-1202
Inquest procedures, whether physician who monitors treatment of ambulance patient by telemetry "attends" patient and may certify to cause of death as attending physicianLO92-063
Interpreter appointed by court in criminal proceeding is not required to provide translation services to district attorney in preparing for trialsGA-0696
Interpreters for defendants who do not speak English, chapter 57 of the Government Code establishes qualifications for spoken-language interpreters appointed in criminal cases under the authority of article 38.30 of the Code of Criminal ProcedureJC-0584
Interpreters in criminal cases, judge may not assess fees for costs or require payment of as condition of probationDM-0245
Interpreters, a county may not require a court to select an interpreter from an interpreter service under contract with the county, although a court may choose to do soJC-0584
Investigation of crime that occurs outside city limits but within county, city marshal is authorized to conductLO98-077
Judgment contents, a felony judgment must contain the information specified in article 42.01, section 1 of the Code of Criminal ProcedureGA-0220
Judgment in criminal case, court clerk may not prepare without supervision of an attorneyJC-0259
Judgment nisi, municipal judge does not have discretion to waive entry in case where attorney acts as surety for clientJC-0277
Jurisdiction over conduct occurring on the InternetDM-0500
Jurisdiction over probation defendant, court is divested of once term of community supervision has expired unless prior to expiration the processes of the court have been set in motion for revocation of probation or determination of guiltGA-0413
Jurisdiction, local rules may not affectLO97-015
Jury trial, defendant charged with misdemeanor in justice court is entitled to under article I, section 10 of Texas ConstitutionLO97-097
Justice court has jurisdiction only in criminal cases in which possible fine does not exceed five hundred dollars (Overruled by Tex. Att'y Gen. Op. No. DM-277 (1993))LO92-023
Justice of the peace, whether administering polygraph examinations for criminal district attorney's office on criminal defendants after "arraignment" and setting bond is prohibitedGA-0551
Life sentence continues until the time of convicted person's death; release on parole does not constitute completion of life sentenceDM-0104
Mandatory supervision, inmate convicted of indecency with a child not eligible for (Overruled by Court Decision, 958 S.W.2d 811)LO96-126
Misdemeanant, county that convicted need not hold for transfer to state prison for county that previously had convicted person of felonyLO96-068
Misdemeanor cases in which statutory county and district courts share jurisdiction, county clerk may not serve as clerk of both courts (Affirmed by Tex. Att'y Gen. LO-97-015)LO96-060
Misdemeanor for unauthorized practice of architecture punishable by fine, complaints may be filed in justice courtDM-0277
Money seized as contraband, authority of law enforcement agency to maintain custody of money seized as contraband or to deposit seized money in an account pending final judgmentGA-0588
Municipal judge does not have authority to examine witnesses if the state is not represented by counsel when the case is called for trialGA-0067
Nunc pro tunc, inherent power of court to enter orderDM-0393
Pardon that is not given for proof of subsequent innocence does not obliterate offense but generally absolves doer of legal consequencesJC-0396
Pardon, eligibility for when judge sets aside conviction and dismisses charges against person on "regular" or "shock" community supervisionDM-0393
Payment of fines, assessment of time payment fee does not alter court's or local government's statutory authority to enforceLO98-076
Peace officer license, constable who has not obtained a permanent peace officer license is a "peace officer" for purposes of article 2.12(2) of the Code of Criminal ProcedureJC-0522
Peace officers not authorized by articles 2.12 and 2.13 of the Code of Criminal Procedure to enforce city ordinancesDM-0318
Peace officers, city police officer acting as a drainage-district peace officer pursuant to an interlocal cooperation contract between city and drainage district is authorized by section 49.216 of the Water Code to make warrantless arrests for traffic vioJC-0530
Personal bond office, court before which case is "pending" for purpose of reportLO97-103
Personal bond, authority of personal bond office to hold personal property required by a magistrate as security onDM-0073
Petition for order of nondisclosure, proper fee forGA-0330
Petition for order of nondisclosure, trial court jurisdictionGA-0330
Polygraph examination, peace officer may not request of complainant in sexual assault caseLO96-034
Postal inspectors of the United States Postal Service, Office of the Inspector General, state powers of arrest, search, and seizureGA-0608
Pre-sentence confinement, defendant convicted of multiple offenses must be credited with time on each sentence as though sentences ran concurrentlyJC-0393
Presentence investigation report that discloses child abuse or neglect, community supervision officer who releases information contained in, may release to Department of Family and Protective Services and is immune from civil and criminal liability for doing soGA-0847
Presentence investigation report. A district judge does not have authority to order a director of a community supervisions and corrections department who does not supervise defendants to personally appear in court to present the orderedGA-0991
Presentence investigation report. A district judge does not have authority to order the director of a community supervisions and corrections department who does not supervise defendants placed on community supervision to personally conduct aGA-0991
Presentence investigation report. A district judge is not authorized to require a particular supervision officer in a community supervision department to prepare aGA-0991
Pretrial intervention program funds collected pursuant to Code of Criminal Procedure article 102.0121 - expenditures must be made in accordance with a budget approved by the commissioners court and must relate to a defendant's participation in or to administration of the programGA-1039
Pretrial intervention, community supervision and corrections department's authority to assess participant in a pretrial intervention program fees under both article 102.012 of the Code of Criminal Procedure and section 76.015(c) of the Government CodeGA-0114
Probation condition that restricts right to free expression or privacy, constitutionalityDM-0437
Probation condition, authority of district court to order convicted sex offender to post warning signDM-0437
Probation, authority to modify conditions of probation to require payment in lieu of community serviceGA-0593
Proper prosecutorial entity to prosecute a violation of a water control and improvement district ordinance under chapter 51 of the Water Code will generally depend on the court in which the citation or complaint is filedGA-0923
Restoration of civil rights forfeited by individuals convicted of federal offenseDM-0486
Salvage motor vehicle seizure provision, application to persons other than salvage vehicle dealersLO97-114
School student arrested or detained, authority of law enforcement agency to communicate information about arrest or detention to school officialsDM-0294
Security, form of collateral required to meet security amount requirements under Occupations Code section 1704.160 for bail bond surety license holders in counties with bail bond boardsGA-0977
Seventeen year old reported as missing, law enforcement officer must take possession of and return to person entitled to possession even if child has not committed a crime or does not wish to be detainedJC-0229
Sex offender registration, parole contract between parolee and Division of Pardons and Paroles does not obligate local law enforcement authority to register paroleeJC-0010
Sex offender who resides within limits of city should register with chief of police, while one who resides outside city should register with county sheriffGA-0976
Sex offender, local law enforcement authority's duty and discretion to registerJC-0129
Sex offenders, state law does not preempt a home-rule municipality's authority to adopt residence restrictions onGA-0526
Sex offenders, state law does not preempt a home-rule municipality's authority to adopt residence restrictions onGA-0526
Sheriff's authority to maintain and manage cash bail bonds for cases that were never filedJC-0195
Specific provisions of criminal law do not limit statute barring employment in certain facilities to persons convicted of certain offensesJM-1237
Statute of limitations for class A or B misdemeanor, filing of information with supporting affidavit in county court tolls, filing of affidavit in support of arrest warrant by justice court does not tollLO95-081
Subpoena duces tecum, whether Open Records Act applies to release of confidential information pursuant toLO95-025
Subpoena-execution and service pursuant to Code of Criminal Procedure article 24.01 by attorneys and employees of district attorney's officesKP-207
Teen court program, municipal court authority to impose administrative cost fee and other court costsDM-0372
Theft cases involving issuance of bad check, municipal court has jurisdiction over when property or services involved is less than $20DM-0082
Venue statutes, authority of grand jury in multicounty judicial district to return indictment for an offense committed in another countyDM-0291
Verdict has been set aside or guilty plea has been withdrawn, defendant in such case may possess firearm without regard to section 46.04 of the Penal CodeJC-0396
Victim's name, address, or other identifying information appearing both in felony judgment and a victim impact statement, Public Information Act makes such information in the judgment confidential and not subject to disclosureGA-0220
Violation of community supervision, court having geographical jurisdiction where defendant resides or where violation occurs may issue warrant and set bail for defendantLO98-021
Warrantless administrative searches, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent toJC-0021
"Reportable conviction or adjudication" under Code of Criminal Procedure chapter 62 includes a deferred adjudication regardless of whether it was terminated early, completed, or revokedGA-1077
"Forensic analysis" from a crime laboratory that is neither accredited by the Forensic Science Commission nor exempt from accreditation by statute or administrative rule is inadmissible in a criminal action in a Texas court under Code of Criminal Procedure article 38.35(d)(1), a court would likely conclude thatKP-127
A contract that provides a criminal district attorney's office with unfettered access to inmate telephone call recordings would likely be considered by a court as evidence in support of the criminal district attorney's office having possession, custody, or control of the recordings under article 39.14, Code of Criminal Procedure.KP-2015
A court likely lacks authority to order the destruction of blood evidence related to misdemeanor cases that have been finally resolvedGA-0992
A determination about the admissibility of the Science Advisory Workgroup's findings or the weight they are to be given by a judicial tribunal is for the tribunal.GA-1048
Admissibility of forensic analysis of physical evidence, Code of Criminal Procedure article 38.35(d)(1) prevails over Texas Rule of Evidence 702 to extent of conflictKP-127
Brady v. Maryland and its progeny do not impose a general duty upon a prosecutor to listen to all recordings of inmate telephone calls held by the county telecommunications provider to search for exculpatory evidence for a defendant if the prosecutor would not do so otherwise.KP-041
Brady v. Maryland imposes a duty to discover whether the investigators and employees who listen to recorded inmate telephone calls find evidence favorable to a defendant in the recordings and, if so, to disclose that evidence to the defendant.KP-041
Crime laboratory must report professional negligence or professional misconduct pertaining to forensic analysis in all disciplines - not just those that are accredited - to the Forensic Science Commission pursuant to Code of Criminal Procedure article 38.01, subpart 4(a)(2), a court would likely concludeKP-127
Emergency medical records, justice of the peace may subpoena when required to perform an inquestLO97-033
Evidence tested or offered into evidence prior to effective date of enabling Act (Sept. 1, 2005), the Forensic Science Commission may conduct investigations of incidents that occurred before Act’s effective date but it is prohibited from consideringGA-0866
Evidentiary provisions of article 38.01, Code of Criminal Procedure, do not limit a report of the Science Advisory Workgroup created by the State Fire Marshal's Office.GA-1048
Forensic analysis that is neither expressly included nor excluded by the Act or DPS rule, but that falls under the generic definition of "forensic analysis" found in section 38.35(a)(4), is generally subject to FSC investigation, assuming all other statutory requirements are satisfiedGA-0866
Forensic Science Commission's accreditation authority over postmortem toxicological analysisKP-188
Forensic Science Commission, in its reasonable discretion, may refrain from granting an exemption from accreditation under Code of Criminal Procedure article 38.01, subpart (4-d)(c), a court would likely concludeKP-127
Forensic Science Commission’s investigative authority is limited to those laboratories, facilities, or entities that were accredited by the Department of Public Safety at the time forensic analyses took placeGA-0866
No statute or common-law cause of action, or any other legal authority of which we are aware empowers a court to order the destruction of evidence related to misdemeanor cases over which the court otherwise lacks jurisdictionGA-0992
Under Code of Criminal Procedure article 39.14(h), the Texas Forensic Science Commission has no duty to notify relevant parties of exculpatory, impeachment, or mitigating information.KP-055
"Forensic analysis" has the precise meaning specified in the statutory language of article 38.35, Code of Criminal ProcedureGA-0866