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Family Court Karen – Bell County
Citizens Arrest via Texas penal code.
Family Court Karen – Bell County
Article 14.01 of the Texas Code of Criminal Procedure grants authority to both peace officers and other individuals to arrest an offender without a warrant if the offense is committed in their presence or within their view. This rule applies to offenses classified as felonies or offenses against the public peace (Texas Code of Criminal Procedure, Article 14.01(a), n.d.). Additionally, for peace officers, this authority extends to any offense committed in their presence or within their view (Texas Code of Criminal Procedure, Article 14.01(b), n.d.).
Article 14.02 of the same Code allows a peace officer to arrest an offender without a warrant when a felony or breach of the peace is committed in the presence or view of a magistrate, and the magistrate verbally orders the arrest (Texas Code of Criminal Procedure, Article 14.02, n.d.).
This includes aggravated perjury that meets the base of standard perjury which is a felony level crime.
Section 37.03 of the Texas Penal Code outlines the offense of aggravated perjury, which occurs when an individual commits perjury as defined in Section 37.02. For the offense to qualify as aggravated perjury, the false statement must meet two conditions: it must be made during or in relation to an official proceeding and must be material (Texas Penal Code, Section 37.03, n.d.).
This offense is classified as a felony of the third degree (Texas Penal Code, Section 37.03(b), n.d.).
According to Section 37.04 of the Texas Penal Code, the concept of materiality in perjury cases is defined. A statement is considered material, irrespective of its admissibility under the rules of evidence, if it could have influenced the trajectory or result of an official proceeding (Texas Penal Code, Section 37.04(a), n.d.).
It’s noteworthy that mistakenly believing a statement to be immaterial is not a defense in a prosecution under Section 37.03, which pertains to Aggravated Perjury (Texas Penal Code, Section 37.04(b), n.d.).
The determination of whether a statement is material in a specific factual situation is classified as a question of law (Texas Penal Code, Section 37.04(c), n.d.).
Disclaimer: This is not legal advice – Always seek the assistance of an Attorney
Reference:
Texas Code of Criminal Procedure, Article 14.01. (n.d.). Retrieved from https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm
Texas Penal Code, Title 8, Chapter 37. (n.d.). Retrieved from https://statutes.capitol.texas.gov/Docs/PE/htm/PE.37.htm#37.02