Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.212

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure - Understanding Texas Law: Reporting Requirements for Writs of Attachment in Criminal Proceedings

Houston Criminal Defense Attorney Art. 2.212 TCCP

Introduction:

As a criminal defense attorney, it is crucial to have a comprehensive understanding of the legal landscape in which you operate. Today, we delve into a specific aspect of Texas law that deals with the reporting requirements for writs of attachment in criminal proceedings. By familiarizing ourselves with these obligations, we can ensure that we navigate the legal process effectively and protect our clients' rights. Let's explore the key provisions of Art. 2.212 and its significance for criminal defense attorneys in Texas.

Reporting Requirements for Writs of Attachment:

Art. 2.212, a statute added to the Texas Statutes in 2017, imposes reporting obligations on the clerks of district courts, statutory county courts, and county courts. Specifically, within 30 days of issuing a writ of attachment, the clerk of the court must submit a report to the Texas Judicial Council. This report must contain the following details:

1. Date of Issuance: The report should include the precise date on which the attachment was issued. This information ensures an accurate record of the legal proceedings and their timeline.

2. Criminal Proceedings Context: The second requirement is to specify whether the attachment was issued in connection with a grand jury investigation, criminal trial, or any other criminal proceeding. This information is essential as it provides crucial context regarding the nature of the case and the circumstances leading to the attachment.

3. Parties Involved: The report should clearly identify the individuals involved in the attachment. This includes the person who requested the attachment and the judge who issued it. By disclosing these details, the report fosters transparency and accountability within the legal system.

4. Statutory Authority: Lastly, the report must mention the specific statutory authority under which the attachment was issued. This requirement ensures that all writs of attachment are issued based on the appropriate legal framework, thereby upholding the rule of law.

Importance for Criminal Defense Attorneys:

Understanding and complying with these reporting requirements is essential for criminal defense attorneys in Texas. Here's why:

1. Compliance and Professional Responsibility: By familiarizing ourselves with Art. 2.212, we can fulfill our professional responsibilities as defense attorneys. Complying with reporting obligations not only ensures adherence to the law but also upholds the integrity of the judicial process.

2. Access to Information: These reports submitted to the Texas Judicial Council create a comprehensive repository of data regarding writs of attachment. This information can be a valuable resource for criminal defense attorneys when analyzing legal precedents, preparing defense strategies, or investigating similar cases.

3. Identifying Patterns and Trends: By examining the data collected through these reports, criminal defense attorneys can identify patterns and trends related to the issuance of writs of attachment. Such insights can contribute to a more informed and effective defense strategy for their clients.

4. Advocating for Clients: The reporting requirements in Art. 2.212 promote transparency and accountability in the legal system. As defense attorneys, we can utilize this information to advocate for our clients' rights, ensuring that the proper procedures were followed in their case and that their interests were protected.

Art. 2.212. WRIT OF ATTACHMENT REPORTING. Not later than the 30th day after the date a writ of attachment is issued in a district court, statutory county court, or county court, the clerk of the court shall report to the Texas Judicial Council: (1) the date the attachment was issued; (2) whether the attachment was issued in connection with a grand jury investigation, criminal trial, or other criminal proceeding; (3) the names of the person requesting and the judge issuing the attachment; and (4) the statutory authority under which the attachment was issued. Added by Acts 2017, 85th Leg., R.S., Ch. 292 (S.B. 291), Sec. 1, eff. September 1, 2017.

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