Grimes County Justice of the Peace Courts Document Filing Requirements

CRITICALCriminal cases

Applies to

Diversion agreement

A diversion agreement must be in writing.

A diversion agreement must be in writing

CRITICALCriminal cases

Applies to

Deferred disposition request

For a deferred-disposition request for failure to provide proof of financial responsibility, the defendant must present proof valid on the request date.

presents proof of Financial Responsibility, pursuant to 601, T.C., that is valid on the day of the request;

CRITICALCriminal cases

Applies to

Diversion agreement

The agreement must state the diversion period, which may not exceed 180 days.

(4) the period of the diversion: A diversion under Art. 45.309 or 45.310 may not exceed 180 days. Arts. 45.309(a), 45.310(b). C.C.P.

CRITICALCriminal cases

Applies to

Youth diversion plan

Each municipal and justice court must adopt a written youth diversion plan describing its strategies and maintain a current copy for public inspection.

Each municipal and justice court must adopt a written youth diversion plan that describes the types of strategies that will be used to implement youth diversion. A current plan must be maintained in the court for public inspection.

CRITICALCriminal cases

Applies to

Driver license

IT IS ORDERED that, pursuant to the State's Standing Motion to Dismiss, a charge of Fail to display Driver's License pursuant to section 52.025 of the Texas Transportation Code shall be dismissed if the Defendant presents to a clerk a valid Texas Driver's License that was issued to the Defendant before the time and date of the offense and appropriate for the type of vehicle being operated.

IT IS ORDERED that, pursuant to the State's Standing Motion to Dismiss, a charge of Fail to display Driver's License pursuant to section 52.025 of the Texas Transportation Code shall be dismissed if the Defendant presents to a clerk a valid Texas Driver's License that was issued to the Defendant before the time and date of the offense and appropriate for the type of vehicle being operated.

CRITICALCriminal cases

Applies to

Diversion agreement

The agreement must state its terms, including required diversions, in a clear and concise manner and identify the offense or charge being diverted.

•(I) the terns of the agreement. The terms may vary depending including one or more diversions on the circumstances of the child. required to be completed by including the child's age and the child, written in a clear and ability, the charge being diverted. concise manner and identifying or the diversion strategy used. Art. any offense or charge being 45.308(d), C.C.P.

CRITICALCriminal cases

Applies to

Dismissal request

An expired-driver's-license dismissal request must include proof of the temporary license showing renewal and the renewal date.

2. Proof of the temporary license issued by the Department of Public Safety indicating renewal of the license and the date renewed;

CRITICALCriminal cases

When the circumstances raise questions about the stop, detention, arrest, or search, the defense must file factually specific motions to suppress rather than boilerplate motions.

To file factually specific (not "boilerplate") Motions to Suppress if the circumstances surrounding the case indicate questioning the relevant stop, detention, arrest or search of the defendant.

CRITICALCriminal cases

Applies to

Proof of financial responsibility

A qualifying motor vehicle liability policy must be an owner's or operator's policy issued by an authorized insurer, benefit the named insured, and meet the stated minimum coverage requirements.

For purposes of this Standing Order, a motor vehicle liability insurance policy must be an owner's or operator's policy that (i) is issued by an insurance company authorized to write motor vehicle liability insurance in this state; (ii) is written to or for the benefit of the named insured in the policy; and (iii) meets the minimum coverage requirements (As of January 1, 2011, minimum coverage is $30,000/$60,000/$25,000).

CRITICALCriminal cases

Applies to

Dismissal request

A registration-based dismissal request must include the specified stamped tax-assessor form or receipt and proof of payment of the statutory penalty fee.

2. Proof of the following documents: a. The standard form generated by a County Tax Assessor's office stamped by the County Tax Assessor's office indicating the date and amount of payment; OR the renewed registration receipt form generated by the County Tax Assessor's office stamped by the County Tax Assessor indicating the date and amount of payment; and b. The proof that the defendant has paid the fee prescribed by Section 502.045 (Penalty fine) to the County Tax Assessor;

CRITICALCriminal cases

Applies to

Proof of financial responsibility

Proof of financial responsibility must be verified before dismissal unless the Court directs otherwise.

All proof of financial responsibility shall be verified prior to dismissal, unless directed otherwise by the Court.

CRITICALCriminal cases

Applies to

Dismissal request

A restriction-based dismissal request must include proof that the underlying physical condition was surgically or otherwise medically corrected.

Proof that the restriction or endorsement was imposed because of a physical condition that was surgically or otherwise medically corrected; and

CRITICALCriminal cases

Applies to

Deferred disposition request

For a moving-violation deferred-disposition request, the defendant must present proof of a valid driver's license.

The defendant presents proof of valid Driver's License;

CRITICALCriminal cases

Applies to

Proof of financial responsibility

Acceptable proof may be a vehicle-covering motor vehicle liability insurance policy or an insurance binder confirming compliance with Chapter 601 of the Transportation Code.

1) a copy of the motor vehicle liability insurance policy covering the vehicle; 2) an insurance binder that confirms the operator is in compliance Chapter 601, Trans. Code.

CRITICALCriminal cases

Applies to

Diversion consent

Diversion under Subchapter E requires written consent from both the child and parent.

A court may not divert a child under Art. 45.304(e). C.C.P. Subchapter E without the written consent of the child and parent.

CRITICALCriminal cases

Applies to

Diversion agreement

The diversion agreement must explain that participation is not an admission of guilt and does not require a guilty plea.

(3) an explanation that participation in a diversion is not an admission of guilt and a guilty plea is not required to participate in a diversion;

CRITICALCriminal cases

Applies to

Deferred disposition request

The defendant must present proof of financial responsibility to the Court at the end of the deferral period.

presents proof of financial responsibility to the Court at the end of the period.

CRITICALCriminal cases

Applies to

Dismissal request

The dismissal request must include a valid Texas driver's license showing the defendant's corrected address or name.

Proof of a valid Texas driver's license that indicates the address or name of the defendant has been corrected.

CRITICALCriminal cases

Applies to

Driver license copy

The clerk must retain a copy of the defendant's driver's license in the court file.

The clerk shall retain a copy of the Defendant's drivers license in the court file.

CRITICALCriminal cases

Applies to

Case file

The clerk must copy the proof-of-compliance documents for the file and present the file to the court for dismissal.

The clerk shall make a copy for the file of the documents) establishing proof of compliance and present the file to the court for dismissal of the citation.

CRITICALCriminal cases

Applies to

Diversion agreement

If the optional administrative fee will be assessed, it must be specified as a term of the diversion agreement.

If the optional administrative fee in Art. 3.112 will be assessed. then it must be specified as a term of the diversion agreement. Art. 45.312(b), C.C.P.

CRITICALCriminal cases

Applies to

Diversion agreement

The diversion agreement must state the possible outcomes or consequences of both successful and unsuccessful diversion.

(2) possible outcomes or For example, the case of a child consequences of a successful who successfully complies with diversion and an unsuccessful the terms of a diversion agreement diversion; shall be closed and reported as successful to the court. Arts. 45.309(c) and 45.310(d), C.C.P. A child who does not comply with the terms of a diversion agreement shall be referred to court for a non-adversarial hearing. Arts. 45.309(d), 45.310(e), 45.311, C.C.P.

WARNINGCriminal cases

Applies to

Motion

Boilerplate motions addressing any part of the matters covered by the order will be disregarded.

Any "boilerplate" motions filed including (even in part) matters referred to above shall be wholly disregarded.

WARNINGCriminal cases

Applies to

Dismissal request

The clerk may process and dismiss the listed cases after proof of compliance.

IT IS ORDERED that a Clerk may accept for processing and dismissal, after proof of compliance, the following cases: 1. Display Expired License Plates (registration) (T.C. 502.407(b)) 2. Expired Texas Driver's License (T.C. 521.026) 3. Fail to Change Address/Name on Driver's License (T.C. 521.054) 4. Violation of Driver's License Restriction or Endorsement (T.C. 521.221(d))

WARNINGCriminal cases

Applies to

Proof of financial responsibility

A clerk may accept a fleet policy for dismissal if the defendant presents qualifying proof and evidence of authorization to drive the covered vehicle.

Fleet policies may be accepted by a Clerk for dismissal if the defendant presents valid proof consistent with the criteria above and indicia of authorization to drive the covered vehicle.

WARNINGCriminal cases

Applies to

Formal discovery document

The State need not furnish a formal discovery document if its open-file policy satisfies the order's requirements.

To the extent an open file policy satisfies the above requirements; the State is not required to furnish a formal discovery document.

WARNINGCriminal cases

Applies to

Proof of financial responsibility

Premium notices, payment receipts, and handwritten documents do not qualify as proof of financial responsibility.

Premium notices, payment receipts and/or handwritten documents are not "acceptable proof" of financial responsibility.