CODE OF CRIMINAL PROCEDURE
CHAPTER 28. MOTIONS, PLEADINGS AND EXCEPTIONS

Art. 28.01. PRE-TRIAL.
Sec. 1. The court may set any criminal case for a pre-trial hearing before it is set for trial
upon its merits, and direct the defendant and his attorney, if any of record, and the
State's attorney, to appear before the court at the time and place stated in the court's
order for a conference and hearing.  The defendant must be present at the arraignment,
and his presence is required during any pre-trial proceeding.  The pre-trial hearing shall
be to determine any of the following matters:
(1) Arraignment of the defendant, if such be necessary;  and appointment of counsel to
represent the defendant, if such be necessary;
(2) Pleadings of the defendant;
(3) Special pleas, if any;
(4) Exceptions to the form or substance of the indictment or information;
(5) Motions for continuance either by the State or defendant;  provided that grounds for
continuance not existing or not known at the time may be presented and considered at
any time before the defendant announces ready for trial;
(6) Motions to suppress evidence--When a hearing on the motion to suppress evidence is
granted, the court may determine the merits of said motion on the motions themselves,
or upon opposing affidavits, or upon oral testimony, subject to the discretion of the court;
(7) Motions for change of venue by the State or the defendant;  provided, however, that
such motions for change of venue, if overruled at the pre-trial hearing, may be renewed
by the State or the defendant during the voir dire examination of the jury;
(8) Discovery;
(9) Entrapment;  and
(10) Motion for appointment of interpreter.
Sec. 2. When a criminal case is set for such pre-trial hearing, any such preliminary
matters not raised or filed seven days before the hearing will not thereafter be allowed to
be raised or filed, except by permission of the court for good cause shown;  provided that
the defendant shall have sufficient notice of such hearing to allow him not less than 10
days in which to raise or file such preliminary matters.  The record made at such pre-trial
hearing, the rulings of the court and the exceptions and objections thereto shall become a
part of the trial record of the case upon its merits.
Sec. 3. The notice mentioned in Section 2 above shall be sufficient if given in any one of
the following ways:
(1) By announcement made by the court in open court in the presence of the defendant
or his attorney of record;
(2) By personal service upon the defendant or his attorney of record;
(3) By mail to either the defendant or his attorney of record deposited by the clerk in the
mail at least six days prior to the date set for hearing.  If the defendant has no attorney
of record such notice shall be addressed to defendant at the address shown on his bond,
if the bond shows such an address, and if not, it may be addressed to one of the sureties
on his bond.  If the envelope containing the notice is properly addressed, stamped and
mailed, the state will not be required to show that it was received.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1967,
60th Leg., p. 1738, ch. 659, Sec. 19, eff. Aug. 28, 1967;  Acts 1973, 63rd Leg., p. 969,
ch. 399, Sec. 2(A), eff. Jan. 1, 1974;  Acts 1979, 66th Leg., p. 204, ch. 113, Sec. 1, eff.
Aug. 27, 1979;  Acts 1979, 66th Leg., p. 453, ch. 209, Sec. 2, eff. Aug. 27, 1979.
Art. 28.02. ORDER OF ARGUMENT.  The counsel of the defendant has the right to open
and conclude the argument upon all pleadings of the defendant presented for the
decision of the judge.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 28.03. PROCESS FOR TESTIMONY ON PLEADINGS.  When the matters involved in any
written pleading depend in whole or in part upon testimony, and not altogether upon the
record of the court, every process known to the law may be obtained on behalf of either
party to procure such testimony;  but there shall be no delay on account of the want of
the testimony, unless it be shown to the satisfaction of the court that all the means given
by the law have been used to procure the same.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 28.04. QUASHING CHARGE IN MISDEMEANOR.  If the motion to set aside or the
exception to an indictment or information is sustained, the defendant in a misdemeanor
case shall be discharged, but may be again prosecuted within the time allowed by law.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 28.05. QUASHING INDICTMENT IN FELONY.  If the motion to set aside or the
exception to the indictment in cases of felony be sustained, the defendant shall not
therefor be discharged, but may immediately be recommitted by order of the court, upon
motion of the State's attorney or without motion;  and proceedings may afterward be had
against him as if no prosecution had ever been commenced.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 28.06. SHALL BE FULLY DISCHARGED, WHEN.  Where, after the motion or exception is
sustained, it is made known to the court by sufficient testimony that the offense of which
the defendant is accused will be barred by limitation before another indictment can be
presented, he shall be fully discharged.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 28.061. DISCHARGE FOR DELAY.  If a motion to set aside an indictment, information,
or complaint for failure to provide a speedy trial is sustained, the court shall discharge the
defendant.  A discharge under this article is a bar to any further prosecution for the
offense discharged and for any other offense arising out of the same transaction, other
than an offense of a higher grade that the attorney representing the state and
prosecuting the offense that was discharged does not have the primary duty to prosecute.
Acts 1977, 65th Leg., p. 1972, ch. 787, Sec. 4, eff. July 1, 1978.  Amended by Acts 1987,
70th Leg., ch. 383, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 289, Sec. 1, eff. May 26, 1997.
Art. 28.07. IF EXCEPTION IS THAT NO OFFENSE IS CHARGED.  If an exception to an
indictment or information is taken and sustained upon the ground that there is no offense
against the law charged therein, the defendant shall be discharged, unless an affidavit be
filed accusing him of the commission of a penal offense.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 28.08. WHEN DEFENDANT IS HELD BY ORDER OF COURT.  If the motion to set aside
the indictment or any exception thereto is sustained, but the court refuses to discharge
the defendant, then at the expiration of ten days from the order sustaining such motions
or exceptions, the defendant shall be discharged, unless in the meanwhile complaint has
been made before a magistrate charging him with an offense, or unless another
indictment has been presented against him for such offense.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 28.09. EXCEPTION ON ACCOUNT OF FORM OR SUBSTANCE.  If the exception to an
indictment or information is sustained, the information or indictment may be amended if
permitted by Article 28.10 of this code, and the cause may proceed upon the amended
indictment or information.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1985,
69th Leg., ch. 577, Sec. 1, eff. Dec. 1, 1985.
Art. 28.10. AMENDMENT OF INDICTMENT OR INFORMATION.  (a) After notice to the
defendant, a matter of form or substance in an indictment or information may be
amended at any time before the date the trial on the merits commences.  On the request
of the defendant, the court shall allow the defendant not less than 10 days, or a shorter
period if requested by the defendant, to respond to the amended indictment or
information.
(b) A matter of form or substance in an indictment or information may also be amended
after the trial on the merits commences if the defendant does not object.
(c) An indictment or information may not be amended over the defendant's objection as
to form or substance if the amended indictment or information charges the defendant with
an additional or different offense or if the substantial rights of the defendant are
prejudiced.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1985,
69th Leg., ch. 577, Sec. 1, eff. Dec. 1, 1985.
Art. 28.11. HOW AMENDED.  All amendments of an indictment or information shall be
made with the leave of the court and under its direction.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 28.12. EXCEPTION AND TRIAL OF SPECIAL PLEAS.  When a special plea is filed by the
defendant, the State may except to it for substantial defects.  If the exception be
sustained, the plea may be amended.  If the plea be not excepted to, it shall be
considered that issue has been taken upon the same.  Such special pleas as set forth
matter of fact proper to be tried by a jury shall be submitted and tried with a plea of not
guilty.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 28.13. FORMER ACQUITTAL OR CONVICTION.  A former judgment of acquittal or
conviction in a court of competent jurisdiction shall be a bar to any further prosecution for
the same offense, but shall not bar a prosecution for any higher grade of offense over
which said court had not jurisdiction, unless such judgment was had upon indictment or
information, in which case the prosecution shall be barred for all grades of the offense.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 28.14. PLEA ALLOWED.  Judgment shall, in no case, be given against the defendant
where his motion, exception or plea is overruled;  but in all cases the plea of not guilty
may be made by or for him.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Our law firm has handled thousands of criminal charges including:

Juvenile Law, Family Violence, Assault, Drug Charges, Theft,

Shoplifting, Possession of Marijuana, Felonies, Misdemeanors,

Failure to Stop and Give Information, Reckless Driving,

Possession of a Controlled

Substance, Possession of Cocaine, Motions to Revoke Probation or

Deferred Adjudication, Burglary of a Building or Habitation, Runaway,

Truancy, Vandalism.

We have helped thousands of people get their cases dismissed, reduced,

or kept off their records and

we can help you.



Please call today  713-697-4373
.b
.
Code of Criminal Procedure Ch 1
Code of Criminal Procedure Ch 2
Code of Criminal Procedure Ch 3
Code of Criminal Procedure Ch 4
Code of Criminal Procedure Ch 5
Code of Criminal Procedure Ch 6
Code of Criminal Procedure Ch 7
Code of Criminal Procedure Ch 8
Code of Criminal Procedure Ch 9
Code of Criminal Procedure Ch 10
Code of Criminal Procedure Ch 11
Code of Criminal Procedure Ch 12
Code of Criminal Procedure Ch 13
Code of Criminal Procedure Ch 14
Code of Criminal Procedure Ch 15
Code of Criminal Procedure Ch 16
Code of Criminal Procedure Ch 17
Code of Criminal Procedure Ch 17a
Code of Criminal Procedure Ch 18 1
Code of Criminal Procedure Ch 18 2
Code of Criminal Procedure Ch 18 3
Code of Criminal Procedure Ch 18  4
Code of Criminal Procedure Ch 18  5
Code of Criminal Procedure Ch 18  6
Code of Criminal Procedure Ch 18  7
Code of Criminal Procedure Ch 18 8
Code of Criminal Procedure Ch 18 9
Code of Criminal Procedure Ch 18  10
Code of Criminal Procedure Ch 18  11
Code of Criminal Procedure Ch 19
Code of Criminal Procedure Ch 20
Code of Criminal Procedure Ch 21
Code of Criminal Procedure Ch 22]
Code of Criminal Procedure Ch 23
Code of Criminal Procedure Ch 24
Code of Criminal Procedure Ch 25
Code of Criminal Procedure Ch 26 1
Code of Criminal Procedure Ch 26  2
Code of Criminal Procedure Ch 26  3
Code of Criminal Procedure Ch 27
Code of Criminal Procedure Ch 28
Code of Criminal Procedure Ch 29
Code of Criminal Procedure Ch 30
Code of Criminal Procedure Ch 31
Code of Criminal Procedure Ch 32
Code of Criminal Procedure Ch 32a
Code of Criminal Procedure Ch 33
Code of Criminal Procedure Ch 34
Code of Criminal Procedure Ch 35 - 1
Code of Criminal Procedure Ch 35 - 2
Code of Criminal Procedure Ch 36 - 1
Code of Criminal Procedure Ch 36 - 2
Code of Criminal Procedure Ch 37 - 1
Code of Criminal Procedure Ch 37 - 2
Code of Criminal Procedure Ch 37 - 3
Code of Criminal Procedure Ch 38 - 1
Code of Criminal Procedure Ch 38 - 2
Code of Criminal Procedure Ch 38 - 3
Code of Criminal Procedure Ch 38 - 4
Code of Criminal Procedure Ch 39
Code of Criminal Procedure Ch 40
Code of Criminal Procedure Ch 42-1
Code of Criminal Procedure Ch 42-2
Code of Criminal Procedure Ch 42-3
Code of Criminal Procedure Ch 42-4
Code of Criminal Procedure Ch 42-5
Code of Criminal Procedure Ch 42-6
Code of Criminal Procedure Ch 42-7
Code of Criminal Procedure Ch 42-8
Code of Criminal Procedure Ch 42-9
Code of Criminal Procedure Ch 42-10
Code of Criminal Procedure Ch 43-1l
Code of Criminal Procedure Ch 43-2
Code of Criminal Procedure Ch 44-1
Code of Criminal Procedure Ch 44-2
Code of Criminal Procedure Ch 45-1
Code of Criminal Procedure Ch 45-2
Code of Criminal Procedure Ch 45-3
Code of Criminal Procedure Ch 45 - 4
Code of Criminal Procedure Ch 45-5
Code of Criminal Procedure Ch 45-6
Code of Criminal Procedure Ch 46
Code of Criminal Procedure Ch 46a
Code of Criminal Procedure Ch 46b-1
Code of Criminal Procedure Ch 46b-2
Code of Criminal Procedure Ch 46b-3
Code of Criminal Procedure Ch 46b-4
THE TEXAS
CONSTITUTION

FREEDOM AND SOVEREIGNTY
OF STATE
REPUBLICAN FORM OF
GOVERNMENT
EQUAL RIGHTS
EQUALITY UNDER THE LAW
RELIGIOUS TESTS
RELIGIOUS BELIEFS; OATHS
AND AFFIRMATIONS
FREEDOM OF WORSHIP
APPROPRIATIONS FOR
SECTARIAN PURPOSES
FREEDOM OF SPEECH AND
PRESS; LIBEL
SEARCHES AND VIOLATION OF
CONDITION OF RELEASE
PENDING TRIAL; DENIAL OF
BAIL, SEIZURES
RIGHTS OF ACCUSED IN
CRIMINAL PROSECUTIONS
BAIL
MULTIPLE CONVICTIONS;
DENIAL OF BAIL
VIOLATION OF AN ORDER FOR
EMERGENCY PROTECTION
INVOLVING FAMILY VIOLENCE
HABEAS CORPUS
EXCESSIVE BAIL OR FINES;
CRUEL AND UNUSUAL
PUNISHMENT; REMEDY BY
DUE COURSE OF LAW
DOUBLE JEOPARDY
RIGHT OF TRIAL BY JURY
COMMITMENT OF PERSONS OF
UNSOUND MIND
BILLS OF ATTAINDER; EX POST
FACTO OR RETROACTIVE
LAWS; IMPAIRING
OBLIGATION OF CONTRACTS
DAMAGING, OR DESTROYING
PROPERTY
DEPRIVATION OF LIFE,
LIBERTY, ETC.; DUE COURSE OF
LAW
RIGHT TO KEEP AND BEAR
ARMS
RIGHT OF ASSEMBLY;
PETITION FOR REDRESS OF
GRIEVANCES
RIGHTS OF CRIME VICTIMS
COMPENSATION TO VICTIMS OF
CRIME
MARRIAGE
DIVISION OF POWERS
LEGISLATIVE DEPARTMENT
JUDGE OF QUALIFICATIONS
RULES OF PROCEDURE
VACANCIES; WRITS OF
ELECTION
PRIVILEGED FROM ARREST
DISRESPECTFUL OR
DISORDERLY CONDUCT
COLLECTORS OF TAXES
Texas Ethics Commission
HOUSE OF REPRESENTATIVES
Senators and Representatives
LAWS PASSED BY BILL
DEFEATED BILLS AND
RESOLUTIONS
EFFECT OF LAWS;
EMERGENCIES
REVISION OF LAWS
CHANGE OF VENUE IN CIVIL
AND CRIMINAL CASES
LOTTERIES AND GIFT
ENTERPRISES; BINGO GAMES
EMERGENCY SERVICES
DISTRICTS
JAIL DISTRICTS
Texas State Debt
COMPTROLLER OF PUBLIC
ACCOUNTS
VETERANS' HOUSING
ASSISTANCE FUND
VETERANS' LAND BOARD;
BOND ISSUES
The Houston, Texas,  law firm of Andy Nolen,  represents people who have been accused of a state crime in Texas, including in communities such as
League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River Oaks, West
University, and Bellaire. Counties that this firm serves include: Galveston County • Fort Bend County • Montgomery County • Brazoria County • Harris
County.  Cases handled include: Domestic Violence, Theft, Shoplifting, Drunk Driving, Evading Arrest.  All misdemeanors including DWI, also called DUI
and all Felonies.
ARE YOU FACING A
CRIMINAL CHARGE?

If so, you need a lawyer
with experience in
criminal courts.

Houston Criminal
Attorney Andy Nolen has
over 17 years criminal
defense experience.
ANDY NOLEN HOUSTON CRIMINAL LAWYER
OVER 17 YEARS  CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT