Typical Felony Caseflow Appointment of Counsel CCP 26.04 Duties of Magistrate Appointing authority must appoint counsel or deny request in accordance with CCP 15.17 county s financial standard as listed in the * Indigent Defense Plan. * Magistrate defendant within 48 hrs. of arrest * Setting of Bond Indigent Determination CCP 1.051 * Advise defendant of rights, including right to Incident Arrest or Detention Persons in Custody - Upon receipt of request, appointing authority must request appointed counsel determine indigence & appoint counsel or deny request within: *Advise defendant of procedures on requesting Detention *1 working day - Persons in Custody (Counties 250,000 +) / counsel and record whether counsel was *3 working days – Persons in Custody (Counties less than 250,000) requested Warrant Persons out of Custody – Counsel must be appointed at first appearance or * Transfer request to appointing authority within when the adversarial judicial proceedings are initiated, whichever is first. Arrest CCP Art. 15.03 24 hrs. of request being made. Persons Arrested on Out-of-County Warrants - Arresting county must transfer *Early ID of defendant with mental illness within request to warrant-issuing county within 24 hrs. of request being made. 12 hours after custody. CCP 16.22 Examining Trial Arraignment Pre Trial Motions Requested CCP Chapter 26 CCP 28.01 Plea by Defendant * No earlier than 2 days after * Attack sufficiency of Charge Pre Trial Conference CCP 27.13 indictment is served, unless * Review Mental Condition CCP 28.01 waived or on bond * Review Bail * Simplify Issues Examining Trial * Identity established and * To suppress evidence *Review DCM compliance CCP 16.01 Indictment or charges read * If court is on DCM, assign track for * Exchange witness lists * Determine Probable Cause Information * Advised of rights discovery deadlines and trial or, *Investigate plea Trial * Bind over or Dismiss CCP 21.01, 21.20 *Right to counsel and assign scheduling order. possibility CCP Chapter 33-38 *Bail may be reviewed procedures for requesting *Address expert needs and reports *Confirm Trial date * Jury Selected & Sworn Court counsel * Change of Venue * Opening Statements * Review Bail * Motion for Continuance * State s Case * If counsel validly waived, * Motion for Directed Verdict Pretrial and Trial and Pretrial plea may be entered * Defendant s Case * Entry of Plea CCP26.13 Discovery * State s Rebuttal CCP Art 39.14 * Motions for Directed Verdict Including State s disclosure of * Closing Arguments exculpatory, impeachment or * Instructions to Jury mitigating evidence that tends to * Jury Deliberations negate guilt or reduce punishment. * Verdict or Findings Presentence Investigation Motion for CCP 42A.252 New Trial Plea of Guilty or CCP Chapter 40 Judgment and Collateral Attack on Conviction * Filed no later than 30 Appeal Sentence Sentence days after sentence. CCP Chapter 44 CCP Chapter 42 CCP Chapter 11 * Deemed denied if not Victim Impact ruled by court within Post TrialPost Statement 75 days. CCP 56.03(e) PSI or Victim Impact Statement NOT ordered. Texas Indigent Defense Commission – Indigent Defense Plan Office of Court Administration, 5/23/2018.