Harris County District Attorney's Office Operations Manual

HARRIS COUNTY DISTRICT ATTORNEY’S OFFICE
POLICIES AND PROCEDURES MANUAL
August 2010
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HARRIS COUNTY DISTRICT ATTORNEY’S OFFICE
POLICIES AND PROCEDURES MANUAL
TABLE OF CONTENTS
CHAPTER 1 INTRODUCTION AND ORGANIZATION P. 13
CHAPTER 2 GENERAL OFFICE RULES AND POLICIES P. 17
CHAPTER 3 PUBLIC SERVICE AND INFRASTRUCTURE BUREAU

P. 96
CHAPTER 4 GOVERNMENTAL INTEGRITY BUREAU P. 132
CHAPTER 5 SPECIAL PROSECUTIONS BUREAU P. 148
CHAPTER 6 TRIAL BUREAU P. 208
CHAPTER 7 PROFESSIONAL DEVELOPMENT, ETHICS & COMMUNITY

PROTECTION BUREAU P. 242
CHAPTER 8 OFFICE OF GENERAL COUNSEL P. 277
CHAPTER 9 INVESTIGATORS DIVISION P. 311
CHAPTER 10 THE PROSECUTOR, THE DECISION-MAKING PROCESS AND

SUPERVISORY CONTROLS P. 323
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DETAILED TABLE OF CONTENTS
CHAPTER 1 INTRODUCTION AND ORGANIZATION
SECTION 1.1 INTRODUCTION
SECTION 1.2 EXECUTIVE ADMINISTRATION
CHAPTER 2 GENERAL OFFICE RULES AND POLICIES
SECTION 2.1 EMPLOYEES
SECTION 2.2 CLASSIFICATION OF EMPLOYEES
SECTION 2.3 WORK HOURS
SECTION 2.4 TEMPORARY ABSENCE
SECTION 2.5 BI-WEEKLY PAYROLL
SECTION 2.6 TIME RECORDS
SECTION 2.7 OVERTIME COMPENSATION FOR EXEMPT AND NON-

EXEMPT EMPLOYEES
SECTION 2.8 COMPENSATORY TIME AND SHORT TIME
SECTION 2.9 OFFICE DECORUM
SECTION 2.10 TELEPHONE PROCEDURES AND INFORMATION
SECTION 2.11 POLITICAL ACTIVITIES
SECTION 2.12 PRESS RELATIONS
SECTION 2.13 STANDARD OF CONDUCT
SECTION 2.14 PUBLIC SPEECHES AND APPEARANCES
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SECTION 2.15 POSTAGE AND MAIL
SECTION 2.16 SUSPENSIONS, TERMINATION OF EMPLOYMENT
SECTION 2.17 DISCIPLINARY PROCEDURES
SECTION 2.18 PROMOTIONS AND PAY RAISES
SECTION 2.19 FURNITURE AND OFFICE EQUIPMENT
SECTION 2.20 SECURITY CARD ENTRY SYSTEM
SECTION 2.21 RADIO AND TELECOMMUNICATIONS EQUIPMENT
SECTION 2.22 FIREARMS POLICY
SECTION 2.23 WITNESS RELATIONS AND COMPENSATION
SECTION 2.24 EVIDENCE
SECTION 2.25 REIMBURSEMENT FOR EXPENSES
SECTION 2.26 POLYGRAPH EXAMINATIONS
SECTION 2.27 OBTAINING PERSONS FROM OTHER JURISDICTIONS
SECTION 2.28 UNADJUDICATED OFFENSES
SECTION 2.29 EXPUNCTION OF CRIMINAL RECORDS
SECTION 2.30 USE OF COUNTY VEHICLES
SECTION 2.31 INVESTIGATOR EXTRA EMPLOYMENT
SECTION 2.32 LITIGATION AGAINST EMPLOYEES
SECTION 2.33 CRIMINAL HISTORY RECORD INFORMATION
SECTION 2.34 PRIVATE PRACTICE
SECTION 2.35 PERSONAL USE OF COUNTY FACILITIES

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SECTION 2.36 CORRESPONDENCE AND COMMUNICATIONS
SECTION 2.37 COURTESY AND VISITORS TO THE OFFICE
SECTION 2.38 MASS ARREST PROCEDURES
SECTION 2.39 PROCEDURES FOR PSYCHIATRIC EXAMINATIONS
SECTION 2.40 HOMICIDES AND SERIOUS INJURIES TO LAW

ENFORCEMENT OFFICERS BY CITIZENS
SECTION 2.41 PEN PACKETS
SECTION 2.42 REQUESTS FOR INFORMATION
SECTION 2.43 COMPUTER PROTOCOL
SECTION 2.44 ON-PREMISE CONSUMPTION OF ALCOHOL

PROHIBITED
SECTION 2.45 OFF-PREMISE OFFICE-SPONSORED FUNCTIONS
SECTION 2.46 GIFTS, AWARDS, BENEFITS
SECTION 2.47 EMPLOYEE BENEFITS
SECTION 2.48 ELECTRONIC RECORDING
SECTION 2.49 DISASTER PREPAREDNESS PLAN
SECTION 2.50 TEACHING AS A SECOND JOB
SECTION 2.51 OUTSIDE EMPLOYMENT IN THE EMPLOYEE’S OFF-

DUTY HOURS
SECTION 2.52 POLICY REGARDING AN ASSISTANT DISTRICT

ATTORNEY RECEIVING TCLEOSE CERTIFICATION
PAY
SECTION 2.53 SCHEDULED ABSENCES

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SECTION 2.54 RETAINING DOCUMENTS AS CONFIDENTIAL
SECTION 2.55 INTERVIEWING A WITNESS WHO IS REPRESENTED
SECTION 2.56 HIRING OF RELATIVES – ANTI-NEPOTISM POLICY
SECTION 2.57 ATTENTION TO DETAIL IN CASE NAMES AND CAUSE

NUMBERS
SECTION 2.58 REPORTING DISCRIM INATION IN THE WORKPLACE
SECTION 2.59 RIGHT TO DEBRIEFING ON DECISION NOT TO

PROMOTE
SECTION 3.2 INTAKE DIVISION
SECTION 3.3 JOB DESCRIPTIONS FOR INTAKE DIVISION
SECTION 3.4 INTAKE DIVISION TRAINING
SECTION 3.5 POLICE INTAKE SECTION
SECTION 3.6 COMMUNICATIONS SECTION
SECTION 3.7 JOB DESCRIPTIONS – COMMUNICATIONS SECTION
SECTION 3.8 COMMUNITY SERVICES SECTION
SECTION 3.9 JOB DESCRIPTIONS – COMMUNITY SERVICES

SECTION
SECTION 3.10 DWI TAPE/DVD/CD EVIDENCE SECTION
SECTION 3.11 JOB DESCRIPTIONS – DWI TAPE/DVD/CD EVIDENCE

SECTION
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SECTION 3.12 DIMS AND OTHER TERMINOLOGY USED AT INTAKE
SECTION 3.13 DISTRICT ATTORNEY FILE DESCRIPTION
SECTION 3.14 GENERAL PROCEDURE FOR FILING CHARGES
SECTION 3.15 VICTIMS’ RIGHTS DIVISION INTRODUCTION
SECTION 3.16 VICTIMS’ RIGHTS DIVISION JOB DESCRIPTIONS
SECTION 3.17 GENERAL POLICIES AND PROCEDURES OF THE

VICTIM’S RIGHTS DIVISION
SECTION 3.18 SPECIAL POLICIES AND PROCEDURES OF THE

VICTIMS’ RIGHTS DIVISION
SECTION 3.19 CRIME VICTIMS RIGHTS
SECTION 3.20 CHECK FRAUD DIVISION
CHAPTER 4 GOVERNMENTAL INTEGRITY BUREAU
SECTION 4.1 GENERAL
SECTION 4.2 CHIEF OF GOVERNMENTAL INTEGRITY BUREAU
SECTION 4.3 PUBLIC INTEGRITY DIVISION
SECTION 4.4 PUBLIC INTEGRITY JOB DESCRIPTIONS
SECTION 4.5 POLICE INTEGRITY DIVISION
SECTION 4.6 POLICE INTEGRITY JOB DESCRIPTIONS
SECTION 4.7 GENERAL POLICIES AND PROCEDURES
SECTION 4.8 HOMICIDES AND SERIOUS INJURIES TO CITIZENS BY

LAW ENFORCEMENT OFFICERS
SECTION 4.9 SPECIAL AREAS OF CONCERN INVOLVING PEACE

OFFICERS
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SECTION 4.10 GRAND JURY DIVISION
SECTION 4.11 GRAND JURY DIVISION JOB DESCRIPTIONS
CHAPTER 5 SPECIAL PROSECUTIONS BUREAU
SECTION 5.2 JOB DESCRIPTIONS
SECTION 5.3 GENERAL PROCEDURES
SECTION 5.4 FINANCIAL CRIMES SECTION
SECTION 5.5 MAJOR OFFENDER DIVISION
SECTION 5.6 DIGITAL FORENSICS INVESTIGATORS SECTION
SECTION 5.7 VEHICULAR CRIMES SECTION (VCS)
SECTION 5.8 COLD CASE / FUGITIVE APPREHENSION SECTION
SECTION 5.9 ANIMAL CRUELTY SECTION
SECTION 5.10 PUBLIC ASSISTANCE FRAUD DIVISION
SECTION 5.11 ENVIRONMENTAL CRIMES DIVISION
SECTION 5.12 PRESERVATION OF EVIDENCE
SECTION 5.13 SPECIAL PROSECUTIONS BUREAU EXPENDITURE
SECTION 5.14 AVAILABILITY OF PERSONNEL
CHAPTER 6 TRIAL BUREAU
SECTION 6.2 JOB DESCRIPTION OF THE CHIEF OF THE TRIAL

BUREAU
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SECTION 6.3 FELONY DIVISION

SECTION 6.6 JUVENILE DIVISION
SECTION 6.8 GENERAL POLICIES AND PROCEDURES JUVENILE

DIVISION
CHAPTER 7 PROFESSIONAL DEVELOPMENT, COMMUNITY

PROTECTION & ETHICS BUREAU
SECTION 7.2 MISDEMEANOR DIVISION
SECTION 7.4 JUSTICE OF THE PEACE SECTION
SECTION 7.6 GENERAL POLICIES AND PROCEDURES IN THE

PROFESSIONAL DEVELOPMENT, COMMUNITY
SECTION 7.7 CRIMES AGAINST CHILDREN DIVISION
SECTION 7.9 CHILD EXPLOITATION SECTION
SECTION 7.10 PROTECTION OF THE ELDERLY AND DISABLED
SECTION 7.11 MENTAL HEALTH SECTION
SECTION 7.12 FAMILY CRIMINAL LAW DIVISION (FCLD)

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CHAPTER 8 OFFICE OF GENERAL COUNSEL
SECTION 8.2 JOB DESCRIPTION OF THE GENERAL COUNSEL
SECTION 8.3 GENERAL LITIGATION DIVISION
SECTION 8.5 POLICY CONSIDERATIONS
SECTION 8.6 THE APPELLATE DIVISION
SECTION 8.9 POST CONVICTION WRITS DIVISION
SECTION 8.10 BOND FORFEITURE DIVISION
SECTION 8.12 BOND FORFEITURE PROCEDURES AND POLICIES
SECTION 8.13 ASSET FORFEITURE DIVISION
CHAPTER 9 INVESTIGATORS DIVISION
SECTION 9.1 INVESTIGATIVE OPERATIONS
SECTION 9.2 SUPERVISION OF INVESTIGATORS
SECTION 9.3 EVALUATIONS OF INVESTIGATORS
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SECTION 9.6 COMMUNICATIONS UNIT
SECTION 9.8 PROTOCOL FOR LAW ENFORCEMENT OPERATIONS
SECTION 9.9 DIGITAL FORENSIC INVESTIGATIONS UNIT
CHAPTER 10 THE PROSECUTOR, THE DECISION MAKING

PROCESS, AND SUPERVISORY CONTROLS
SECTION 10.1 WHAT WE ARE ATTEMPTING TO ACCOMPLISH – AN

INTRODUCTORY MESSAGE FROM THE DISTRICT
ATTORNEY
SECTION 10.2 INITIATION OF PROSECUTION
SECTION 10.3 BAIL RECOMMENDATIONS
SECTION 10.4 PLEA NEGOTIATIONS
SECTION 10.5 TERMINATION OF PROSECUTION
SECTION 10.6 REINSTITUTION OF CRIMINAL CHARGES
SECTION 10.7 EXTRADITION
SECTION 10.8 USE OF SPECIAL PROSECUTORS
SECTION 10.9 COMMENCEMENT OF AN INVESTIGATION
SECTION 10.10 CERTIFICATION OF JUVENILES TO BE TRIED AS

ADULTS AND FILING FOR DETERMINATE
SENTENCING
SECTION 10.11 ISSUANCE OF SUBPOENAS
SECTION 10.12 ISSUANCE OF SEARCH WARRANT OR ARREST

WARRANT FOR PURPOSE OF INVESTIGATION
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SECTION 10.13 DISCLOSURE OF EVIDENCE FAVORABLE TO THE
ACCUSED – THE BRADY POLICY
SECTION 10.14 OPEN FILE POLICY
SECTION 10.15 CONCLUSION
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CHAPTER 1 INTRODUCTION AND ORGANIZATION
SECTION 1.1. INTRODUCTION

The statutory and moral mandate of the Harris County District Attorney’s Office
is to see that justice is done. The District Attorney’s Office is the number one law
enforcement entity in the county and the responsibilities of the office are many and
complex. The office represents the State in all criminal matters, vigorously prosecuting
the guilty, while simultaneously ensuring the rights of the accused are protected, as well
as protecting the rights of victims. To serve and protect the citizenry, the office must
prevent, reduce and suppress crime. Collaborative efforts with federal, state and local
agencies and with the private sector result in the disruption, arrest and prosecution of
organized criminal gangs. Innovative programs to divert the non-violent juvenile
offenders and adults and the mentally ill from incarceration into treatment require
initiatives of this office. We have the obligation to improve the administration of
justice, consistent with due process. Performance of our duties requires professional
excellence and state of the art technology. We must see the right thing to do and do it.
The District Attorney's Office consists of six major bureaus. Within each bureau
are divisions and sections. Each bureau is headed by a Bureau Chief who reports to the
First Assistant and District Attorney and is responsible for maintaining direct
supervisory control over his/her designated area of responsibility.
The six bureaus are: 1) Public Service and Infrastructure Bureau, 2)

Governmental Integrity Bureau, 3) Special Prosecutions Bureau, 4) Office of the
General Counsel, 5) Trial Bureau, and 6) Professional Development, Community
Protection & Ethics Bureau. The office is organized, and personnel are assigned, to
achieve our objectives and maximize the potential of our extraordinary people.
In the pages that follow the organization and operation of the office will be
explained in detail, including the general functions of each division, job descriptions of
employees and the policies and procedures that guide our work.
SECTION 1.2. EXECUTIVE ADMINISTRATION
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(a) The District Attorney
The District Attorney is an elected official whose geographical jurisdiction

coincides with Harris County. The term of office is four years. It is the duty of the
District Attorney to represent the State of Texas in criminal matters. By law, the District
Attorney is responsible for the operation and policies of the entire office. She has
complete authority to hire, discharge and assign personnel and is responsible for each
and every official act of any Assistant District Attorney. Each and every action of the
Assistant District Attorneys is done in the name of the District Attorney and in her
behalf.
(b) The First Assistant District Attorney
(1) The First Assistant District Attorney is the ranking assistant within the office. In
the absence of the District Attorney the First Assistant shall be in charge. The primary
function of the First Assistant is to exercise that authority necessary to carry out the
policies and procedures of the District Attorney in discharging the obligations of the
office under law.
(2) The First Assistant supervises the Post Conviction Review Section
Post Conviction Review Section Chief
The Post Conviction Review Section Chief shall supervise all personnel assigned
to the Post Conviction Review Section and shall retain an individual docket of cases
appropriate to the section. The section chief shall oversee the production of pleadings
and other written documents filed by prosecutors assigned to section and ensure that all
assignments are properly and timely completed. The section chief shall make
recommendations to the First Assistant with regards to transfers, pay raises, and
promotions of post conviction review section personnel within the division.
The section chief shall maintain liaison with the police departments, citizens, and
all segments of the criminal justice system regarding assigned cases. The section chief
shall act as a liaison with Innocence Projects in matters of post conviction DNA testing
and/or actual innocence claims based on newly discovered DNA or victim recantation
evidence in non-capital cases. The section chief may serve as a resource person for the
bench and prosecutors in other counties with the approval of the First Assistant. The
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section chief shall inform the First Assistant of extraordinary writ, DNA, or other post
conviction matters.
The section chief shall comply with policy directives promulgated by the District
Attorney. The section chief shall inform the First Assistant of any acts or allegations of
misconduct by any prosecutor, judge, defense attorney, police officer, or public official.
Post Conviction Review Section Prosecutor
The prosecutor assigned to the Post Conviction Review Section shall monitor
requests for post conviction DNA testing in non-capital cases made pursuant to Chapter
64 of the Texas Code of Criminal Procedure. The prosecutor shall review and litigate
substantiated claims in non-capital cases of actual innocence, based on newly
discovered DNA evidence or victim recantation evidence. The prosecutor shall
properly and timely conduct necessary investigation and complete appropriate motions,
answers and any other needed pleadings for the purpose of Chapter 64 requests, actual
innocence claims, and victim recantation claims in non-capital cases. The prosecutor
shall make needed state court appearances for the assigned cases. The prosecutor shall
conduct any other needed, assigned review of post conviction matters with the approval
of the section chief. The prosecutor shall obtain the approval of the section chief and
First Assistant before requesting that relief be granted in a case.
The prosecutor shall maintain liaison with the police departments, citizens, and all
segments of the criminal justice system regarding assigned cases. The prosecutor may
serve as a resource person for the bench and prosecutors in other counties with the
approval of the First Assistant. The prosecutor shall inform the section chief and First
Assistant of extraordinary writ matters.
The prosecutor shall comply with policy directives promulgated by the District
Attorney. The prosecutor shall inform the section chief and First Assistant of any acts
or allegations of misconduct by any prosecutor, judge, defense attorney, police officer,
or public official.
(c) Executive Assistant to the District Attorney
The District Attorney employs an Executive Assistant who exercises a

combination of administrative and secretarial duties in assisting the District Attorney. In
addition to normal secretarial duties, her principal function is handling telephone calls
and assisting persons seeking appointments and coordinating the calendar of the District
Attorney. Requests for appointments shall be made through this individual.
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Additionally, this individual is responsible for disseminating memoranda and other
communications to staff members. Administrative functions include the disseminating
of routine mail and referrals and requests from the general public and staff members to
appropriate office functions.
(d) Executive Assistant to the First Assistant District Attorney
The Executive Assistant to the First Assistant handles various administrative and
secretarial duties for the First Assistant District Attorney. The key responsibilities of
the Executive Assistant include: updating and maintaining employee records; notifying
prosecutors of out-of-county bench warrant requests; notifying prosecutors of upcoming
parole hearings and assisting in the parole protest process. In addition to the foregoing
duties, the Executive Assistant supports the First Assistant in administration of the
office. This includes dispensing inmate correspondence; fielding telephone calls;
answering questions; delivery of materials to personnel within the office; and other
miscellaneous duties including: budget matters, memos, special projects and letters.
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CHAPTER 2: GENERAL OFFICE RULES AND POLICIES
TABLE OF CONTENTS
SECTION 2.1. EMPLOYEES
SECTION 2.2. CLASSIFICATION OF EMPLOYEES
SECTION 2.3. WORK HOURS
SECTION 2.4. TEMPORARY ABSENCE
SECTION 2.5. BI-WEEKLY PAYROLL
SECTION 2.6. TIME RECORDS AND RECALL INFORMATION
SECTION 2.7. OVERTIME COMPENSATION FOR EXEMPT AND NON-

EXEMPT EMPLOYEES
SECTION 2.8. COMPENSATORY TIME AND SHORT TIME
SECTION 2.9. OFFICE DECORUM
SECTION 2.10. TELEPHONE PROCEDURES AND INFORMATION
SECTION 2.11. POLITICAL ACTIVITIES
SECTION 2.12. PRESS RELATIONS
SECTION 2.13. STANDARD OF CONDUCT
SECTION 2.14. PUBLIC SPEECHES AND APPEARANCES
SECTION 2.15. POSTAGE AND MAIL
SECTION 2.16. SUSPENSIONS, TERMINATION OF EMPLOYMENT
SECTION 2.17. DISCIPLINARY PROCEDURES
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SECTION 2.18. PROMOTIONS AND PAY RAISES
SECTION 2.19. FURNITURE AND OFFICE EQUIPMENT
SECTION 2.20. SECURITY CARD ENTRY SYSTEM
SECTION 2.21. RADIO AND TELECOMMUNICATIONS EQUIPMENT
SECTION 2.22. FIREARMS POLICY
SECTION 2.23. WITNESS RELATIONS AND COMPENSATION
SECTION 2.24. EVIDENCE
SECTION 2.25. REIMBURSEMENT FOR EXPENSES
SECTION 2.26. POLYGRAPH EXAMINATIONS
SECTION 2.27. OBTAINING PERSONS FROM OTHER JURISDICTIONS
SECTION 2.28. UNADJUDICATED OFFENSES
SECTION 2.29. EXPUNCTION OF CRIMINAL RECORDS
SECTION 2.30. USE OF COUNTY VEHICLES
SECTION 2.31. INVESTIGATOR EXTRA EMPLOYMENT
SECTION 2.32. LITIGATION AGAINST EMPLOYEES
SECTION 2.33. CRIMINAL HISTORY RECORD INFORMATION
SECTION 2.34. PRIVATE PRACTICE AND EXTRA EMPLOYMENT FOR

ATTORNEYS
SECTION 2.35. PERSONAL USE OF COUNTY FACILITIES
SECTION 2.36. CORRESPONDENCE AND COMMUNICATIONS
SECTION 2.37. COURTESY AND VISITORS TO THE OFFICE
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SECTION 2.38. MASS ARREST PROCEDURES
SECTION 2.39. PROCEDURES FOR PSYCHIATRIC EXAMINATIONS
SECTION 2.40. HOMICIDES AND SERIOUS INJURIES TO LAW

SECTION 2.41. PEN PACKETS
SECTION 2.42. REQUESTS FOR INFORMATION
SECTION 2.43. COMPUTER PROTOCOL
SECTION 2.44. ON-PREMISE CONSUMPTION OF ALCOHOL PROHIBITED
SECTION 2.45. OFF –PREMISE OFFICE-SPONSORED FUNCTIONS
SECTION 2.46. GIFTS, AWARDS, BENEFITS
SECTION 2.47. EMPLOYEE BENEFITS
SECTION 2.48. ELECTRONIC RECORDING
SECTION 2.49. DISASTER PREPAREDNESS PLAN
SECTION 2.50. POLICY REGARDING TEACHING AS A SECOND JOB
SECTION 2.51. POLICY REGARDING OUTSIDE EMPLOYMENT IN THE

EMPLOYEE’S OFF-DUTY HOURS
SECTION 2.52. POLICY REGARDING AN ASSISTANT DISTRICT

ATTORNEY RECEIVING TCLEOSE CERTIFICATION PAY
SECTION 2.53. SCHEDULED ABSENCES
SECTION 2.54. RETAINING DOCUMENTS AS CONFIDENTIAL
SECTION 2.55 INTERVIEWING A WITNESS WHO IS REPRESENTED
SECTION 2.56 HIRING OF RELATIVES – ANTI-NEPOTISM POLICY
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SECTION 2.57 ATTENTION TO DETAIL IN CASE NAMES AND CAUSE
NUMBERS
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CHAPTER 2: GENERAL OFFICE RULES AND POLICIES
Employees of the District Attorney are governed not only by the rules and
policies established by the elected official as reflected herein, but also each employee is
governed by the Personnel Regulations adopted and approved by the Harris County
Commissioners Court. The Harris County Personnel Regulations are available in their
entirety at the Harris County website under the Office of Human Resources and Risk
Management. Where the policies and directives contained in the operations manual of
this office are more restrictive than those established by commissioners court, the
operations manual shall prevail. Any violation of county policies or the policies in this
operations manual is subject to discipline.
SECTION 2.1. EMPLOYEES

There is no employment tenure in County government. Employment with the
Harris County District Attorney is for an indefinite period, but in no event shall extend
beyond the current term of office of the elected District Attorney, and both the District
Attorney and the employee are free to terminate employment with or without notice at
any time for any reason. Employment with the District Attorney terminates on
December 31st of the last year of the current term of office, unless such employment
has been previously terminated by the employee or by the District Attorney.
SECTION 2.2. CLASSIFICATION OF EMPLOYEES
(a) Refer to the Harris County Personnel Regulations for classification of

employees.
(b) For classification purposes, the following personnel have been designated as
"EXEMPT EMPLOYEES":
1. All Assistant District Attorneys.

2. The Director of Victims Rights Division.
3. The Chief Investigator and Assistant Chief Investigator to the extent that
their job functions meet the criteria for exempt status.
4. The Operations Director.
5. The Executive Assistants to the District Attorney and First Assistant.
6. The Computer Systems Manager and systems analysts to the extent that
their job functions meet the criteria for exempt status.
7. Financial analysts (fraud examiners).
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8. The Family Violence Services director.
SECTION 2.3. WORK HOURS

The regular business hours of the office are from 8:00 AM to 5:00 PM, Monday through
Friday. All employees are to work these hours, with a one-hour lunch break, unless a
flex work schedule is approved by the employee’s Bureau Chief and the First Assistant
or District Attorney, or unless other work hours are specifically assigned to meet the
needs of the office (as is necessary for regular Intake personnel). A flex schedule may
start as early as 7:00 AM and no later than 9:00 AM, and should end no earlier than 4:00
PM. The regular work day consists of eight hours of actual work. A lunch period of at
least one-half hour must be taken.
Any flex schedule or assignment of work hours other than the regular business hours
must be in writing, signed by the employee and the appropriate Bureau Chief and First
Assistant or District Attorney. The schedule or assignment of hours must be filed with
the First Assistant.
In considering a flex schedule, the work needs of the office are paramount. No
employee has a right to approval of a flex work schedule. This policy does not prohibit
an employee from working longer hours where appropriate and authorized.
Examples: 7:30 AM to 4:00 PM, with ½ hour lunch

7:30 AM to 4:30 PM, with one hour lunch
8:00 AM to 5:00 PM, with one hour lunch
9:00 AM to 5:30 PM, with ½ hour lunch
9:00 AM to 6:00 PM with one hour lunch
 There is no grandfather clause in the policy that exempts prior administration

decisions regarding flex hours for some individuals. This means that this policy
applies to everyone and everyone shall follow it in the manner stated.
Remember, the needs of the office must always be met.
 The usual, and preferred, workday is over a 9 hour period (8:00 AM to 5:00 PM
with a one-hour lunch period). An employee may shorten that workday to 8½
hours by taking a ½ hour lunch because of a special circumstance, subject to
approval by the Bureau Chief.
 Example: Start work at 8:00 AM, take a ½ hour lunch and leave at
4:30 PM.
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 If an employee wants to start work at 8:00 AM, take a ½ hour lunch, work to 5:00
PM, and then claim ½ hour comp – this is not permitted. In other words, the
preferred one-hour lunch time cannot be shortened to build compensatory
time.
 Each employee should account for a 9 hour day (or 8 ½ hour day if a flex
schedule is approved). That should be 8 hours of work, with a 1 hour lunch
break (or ½ hour lunch, if approved). Taking the full one hour lunch break
generally makes one more productive.
 Rule: No comp can be earned in a 9 hour work period.
 Example: Your workload causes you to work from 8:00 AM to
6:00 PM with a 1 hour lunch break. You could then claim 1 hour
comp.
 All flex schedules that endure for more than one week need to be in writing. A
copy showing approval is kept with the First Assistant’s administrative assistant,
and the original goes in the employee’s personnel file.
 If only one employee in a given division or section is working the regular 8:00
AM to 5:00 PM schedule and another employee within the same division/section
is working a flex schedule and the regular schedule employee takes vacation, the
flex schedule employee will be notified by their supervisor that their schedule
must be altered to an 8:00 AM to 5:00 PM schedule during the vacation period so
that the office is completely covered from 8:00 AM to 5:00 PM.
 The needs of the office are always paramount to any schedule desired by any
employee.
SECTION 2.4. TEMPORARY ABSENCE
All employees are expected to keep the appropriate administrative assistant, or

whichever employee is left in charge during temporary absences, advised of their
whereabouts. Employees shall also advise these persons of their expected time of return.
This provision applies regardless of the reason for the temporary absence.
SECTION 2.5. BI-WEEKLY PAYROLL
Payroll is determined by the accurate submission by the District Attorney of time

sheet information. All employees are required to accurately prepare and submit written
time sheets.
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With the exception of time sheet corrections, payrolls are final upon the approval
of the District Attorney. Any changes that are made after approval must be submitted as
a supplemental payroll. No time sheet changes may be made unless they truly and
accurately reflect what is reported and are limited to the two preceding pay periods.
SECTION 2.6. TIME RECORDS AND RECALL INFORMATION
The District Attorney is charged by order of Commissioners Court, the funding

body for this office, to maintain a detailed, daily record of each employee's hours. The
information must include a record of hours scheduled to be worked, hours actually
worked, paid absences, and unexcused absences.
In order to fulfill the requirements of Commissioners Court, the Office of District

Attorney maintains written time sheets. These time sheets are the basis upon which the
District Attorney certifies to the Auditor the time earned by each employee. Obviously,
these records must be accurate and timely.
Time sheets are available to each employee online at

http://timesheet.dao.hctx.net/ An employee should record his or her time on a daily
basis and at the conclusion of the pay period, sign the document and submit the same to
the appropriate supervisor. The supervisor shall review the time sheet, and when
satisfied that the entries thereon accurately reflect the time for the pay period, it should
be approved by the supervisor and returned to the operations division on the date and
time reflected on the document. Failure to return the executed time sheet forms to the
Operations Division in a timely manner, may result in a delay of the employee's check.
It is strongly recommended that the forms be kept current on a daily basis. The forms
are self-explanatory; however any questions should be directed to your supervisor or the
Operations Director.
Upon accepting employment with the Harris County District Attorney’s Office,
you agree to keep this office advised of your accurate recall information for use in an
emergency or if another need to contact you should arise. This is an ongoing
responsibility of every employee, and can be accomplished by completing a form for
that purpose. The form is available through the Executive Assistant to the First
Assistant, and when completed, should be returned to the Executive Assistant.
SECTION 2.7. OVERTIME COMPENSATION FOR EXEMPT AND NON-

EXEMPT EMPLOYEES
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Based on available budgeted funds allocated to a line item for overtime
compensation, non-exempt employees shall be compensated for hours of actual work in
accordance with applicable federal and state statutes, rules, and regulations regarding
overtime compensation. In lieu of payment for overtime work, compensatory time will
be given.
No employee may incur overtime, or compensatory time allowances without the

express written authorization of the appropriate supervisor. Such authorization shall be
noted on the time sheet and the appropriate supervisor shall signify such authorization
by placing his or her signature thereon.
Hours of actual work for purposes of overtime or compensatory time shall include
the time the employee is actually on active duty. Holidays, jury duty, grand jury duty,
vacations, funeral leave, and military leave, whether with or without pay, shall not be
considered "hours of actual work" for overtime or compensatory time compensation
purposes.
SECTION 2.8. COMPENSATORY TIME AND SHORT TIME

(a) Definitions.
OVERTIME - Any amount of hours actually worked in excess of 40 hours per

workweek. In lieu of cash payment for overtime to non-exempt employees,
compensatory time may be allowed. Exempt employees do not accrue overtime.
COMPENSATORY TIME - For each workweek in which the hours actually
worked total more than 40 hours and the employee does not receive additional
pay for those hours over 40, the excess is defined as compensatory time.
SHORT TIME - For each workweek in which the hours actually worked total
less than the required hours and the employee's salary is not reduced by the value
in money for the lost time, the deficiency is defined as short time. Short time
accumulated during a payroll period is deducted from any compensatory time
balance.
(b) General rules for accrual of compensatory time - non-exempt employees.

Based on available budgeted funds allocated to a line item for overtime
compensation, non-exempt employees shall be compensated for hours of actual
work in accordance with applicable federal and state statutes, rules, and
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regulations regarding overtime compensation. In lieu of payment for overtime
work, compensatory time will be given.
After forty (40) hours worked in a week, all compensatory time accrued by
a non-exempt employee shall be calculated at the rate of one and one-half (1-1/2)
times per hour.
Generally, non-exempt employees should not have responsibilities that
require more than forty (40) hours of work per week. Emergencies may arise,
however, in which overtime for non-exempt employees is necessary in the
judgment of the employee's supervisor. In such instances, the supervisor shall
make a contemporaneous notation approving the accrual of overtime or
compensatory time. When such prior approval is impossible due to an emergency,
the written approval should be noted immediately thereafter. In either case, the
supervisor shall give written notice of this necessity, and the reason for it, to the
First Assistant as soon as possible.
In no case may a non-exempt employee incur overtime or compensatory
time without prior express authorization by the employee's supervisor.
Supervisors are strongly discouraged against permitting accrual of overtime
or compensatory time for non-exempt employees beyond the maximum amounts
discussed below. To the extent that a non-exempt employee is asked in an
emergency to work overtime beyond his or her maximum accrual balance,
supervisors shall thereafter require the employee to use the excess accrued
compensatory time as soon as possible, and optimally before the end of the work
week.
(c) General rules for accrual of compensatory time - exempt employees.

The citizens of Harris County expect the District Attorney's staff to
perform their functions at the highest levels of professionalism. Exempt
employees are therefore expected to work for as long as necessary to ensure that
justice is done, and subject to the approval of their supervisors, may accrue
compensatory time on a straight time, hour for hour basis.
Exempt employees may receive their regular salary even though their
creditable time (total of hours worked and paid absences) during any pay period
varies from their daily required time, by recording the variance as compensatory.
Upon giving notice of retirement or resignation from the office, an exempt
employee may not accrue compensatory time except upon approval of the
employee’s Bureau Chief and the First Assistant.
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(d) Maximum compensatory time balances - exempt employees
Any compensatory time in excess of 240 hours that may be accrued by an
exempt employee shall not be recognized for any purpose. Compensatory time
may be used by the exempt employee with prior approval of the supervisor.
(e) Maximum compensatory time balances - non-exempt employees
The following limits for compensatory time balances are the maximums a
non-exempt employee may accumulate. Non-exempt employees are strongly
encouraged to maintain a zero-hour balance, however.
For purposes of this section, there are two groups of non-exempt
employees:
1) Compensatory time balances for non-exempt investigators and designated
non-exempt fraud examiners, financial services personnel and information
technology personnel, as designated by the First Assistant, shall not exceed
a 200 hour maximum and shall be carried forward indefinitely, and may be
used by such non-exempt personnel with prior approval of the employee’s
supervisor.
2) Compensatory time balances for all other non-exempt personnel shall not
exceed a 24 hour maximum and shall be carried forward indefinitely, and
may be used by the non-exempt employee with prior approval of the
employee's supervisor.
Any variances in this policy must be approved in advance by the District
Attorney, First Assistant District Attorney or their designee if both are out
of the office.
(f) Other general rules for use of compensatory time
An employee may use compensatory time only with approval of the employee’s
supervisor.
No more than sixteen (16) hours of compensatory time may be used on a
continuous basis.
Compensatory time not to exceed eight (8) hours in a pay period may be accrued
from work at home with the approval of the employee’s Bureau Chief. This
compensatory time shall be noted in the Notes section of the computerized timesheet.
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Upon an employee giving notice of retirement or resignation from the office,
approval of the employee’s Bureau Chief and the First Assistant is necessary for use of
compensatory time.
Gain of compensatory time for travel to or from CLE or a similar event is limited
as stated in this paragraph. Travel during the normal 8:00 AM to 5:00 PM workday is
counted as work time. Attendance at an event involving one or more full days should be
reported on the employee’s timesheet as a regular workday, with 8 hours of work time
and 1 hour lunch period. Attendance at an approved CLE program after the normal
work hours may be counted as compensatory time. Any travel to or from CLE during
hours other than the employee’s regular work hours may be reported as compensatory
time, provided that the time is reasonable and is approved by the employee’s supervisor
who is responsible for approving the timesheet, and approved by the Bureau Chief of
the Professional Development, Community Protection and Ethics Bureau.
SECTION 2.9. OFFICE DECORUM
The workload within the District Attorney's Office is of such a magnitude that it
should not be hindered by an overabundance of formality or protocol. However, there
are a few basic rules of courtesy and common sense that will be observed by all
employees in order to engender a high degree of professionalism. Members of the
Administrative/Clerical staff and professional staff may be on a first name basis. The
nature of the prosecutor's office makes such informality a normal occurrence as
employees must have a true team effort to be effective.
It is necessary, however, that we keep in mind the fact that this is a professional
law office. Our facilities are constantly in the public's eye, as we are open to visits from
defense attorneys, civilian witnesses, police officers, members of the press and
complainants. The staff must therefore set the tone for office decorum. Specifically,
professional demeanor starts with appearance.
Normal Workdays Other Than Casual Friday
Prosecutors should look and dress like lawyers even if only other staff members
or other county employees see them.
Male lawyers shall wear dress shirts, coats and ties, dress slacks and dress shoes
or boots, whether they are going to court or not. Inappropriate attire includes shoes
without socks, tee shirts, tank tops, sweat shirts, sweat pants, shorts, athletic or hiking
shoes or boots, jumpsuits, cargo pants, and jeans of any kind, including dress jeans or
denim shirts. Jackets need not be worn when traveling from floor to floor. However,
jackets must be worn in court.
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Female lawyers shall wear professional clothing appropriate for court
appearances. Professional clothing for a female includes pants with a coordinating
jacket. It also includes skirts or slacks with a sweater set. Skirts or dresses should have a
hem length no shorter than 3 inches above the knee. Necklines should be at a
professional level. Sleeveless tops and dresses are permitted. Inappropriate attire
includes, shoes without a back strap or backless, e.g., mules, tee-shirts, tank tops, sweat
shirts, sweat pants, shorts, athletic or hiking shoes or boots, Capri-type pants, stretch
pants, shorts, jumpsuits, leggings, cargo pants, and jeans of any kind, including dress
jeans, denim shirts, denim dresses, or denim skirts. Jackets must be worn in court if
wearing pants.
Non-attorney staff members should likewise dress professionally at all times.
For males, dress shirt, dress slacks and dress shoes or boots are appropriate.
Inappropriate attire includes, shoes without socks, tee-shirts, tank tops, sweat shirts,
sweat pants, shorts, athletic or hiking shoes or boots, jumpsuits, cargo pants, and jeans
of any kind, including dress jeans or denim shirts. Jackets need not be worn when
traveling from floor to floor. However, jackets must be worn in court.
Females shall wear attire appropriate for court appearances since all office
personnel may find it necessary, from time to time, to appear in court. Females may also
wear pants. Skirts or dresses should have a hem length no shorter than 3 inches above
the knee. Necklines should be at a professional level. Sleeveless tops and dresses are
permitted. Inappropriate attire includes, shoes without a back strap or backless, e.g.,
mules, tee-shirts, tank tops, sweat shirts, sweat pants, shorts, athletic or hiking shoes or
boots, Capri-type pants, stretch pants, shorts, jumpsuits, leggings, cargo pants, and jeans
of any kind, including dress jeans, denim dresses, denim skirts, or denim shirts. Jackets
must be worn in court if wearing pants.
Occasionally, office personnel may find it necessary to engage in activities

inconsistent with this policy. Where it is necessary that staff members dress differently
than required herein, please make your supervisor aware of the perceived necessity and
receive approval for such deviation from this office's dress policy in advance of the
occasion.
Casual Friday or The Last Day of the Workweek as the Case May Be
A "Casual Friday" rule is hereby adopted. "Casual Friday" shall be the last day of
the workweek, whether or not the day of the week is actually Friday. Although casual
dress is permitted on this day, the thrust of the rule is for the employee to present a neat,
crisp, though casual appearance. Appropriate attire includes slacks or creased trousers,
with or without cuffs, sweaters, loafers, collared shirts, blouses, optional blazers, and
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sleeveless tops. Inappropriate attire includes shoes without a back strap or backless, e.g.,
mules, shoes without socks (for men), tee-shirts, tank tops, sweat shirts, sweat pants,
shorts, athletic or hiking shoes or boots, Capri-type pants, stretch pants, shorts,
jumpsuits, leggings, cargo pants, and jeans of any kind, including dress jeans, denim
shirts, denim dresses, or denim skirts.
Provided however, that if a court appearance is required, or may be reasonably

anticipated on "Casual Friday," the employee must have clothing available to wear to
court that complies in all respects with the "Normal Workday" requirement.
Employees who abuse the requirements herein will be asked to leave and return
appropriately dressed. Repeated violations of these requirements will result in more
severe sanctions. Our appearance directly affects our ability to discharge our duties.
It is equally important for the members of this staff to impart a professional

attitude to the public in our actions as well as in our appearance. Victims and witnesses
of crimes are experiencing traumatic incidents in their lives. This office must be
sensitive to their needs; often this is not an easy task as the citizen is angered, hurt and
frustrated. Courtesy, a pleasant demeanor and a desire to help are the cornerstones of a
true public servant. All citizens shall be treated with courtesy and respect, as there is no
excuse for treating fellow workers or the public we serve discourteously or
disrespectfully.
SECTION 2.10. TELEPHONE PROCEDURES AND INFORMATION
Courtesy will be extended to all telephone callers. The telephone shall be

answered "District Attorney's Office, (your name) speaking". Do not say "D.A.'s
Office." Always state your name. Anyone answering a call intended for another, shall
always offer to take any message, record the essential information and be certain it is
given to the intended recipient.
At all times, one employee will be available in each section to answer the phone.
During the noon hour, the receptionist will take all messages, and it will be the
responsibility of the appropriate administrative assistant to pick up all messages for his
or her assistants and investigators. TELEPHONE CALLS SHALL BE RETURNED AS
SOON AS POSSIBLE. All employees should strive to leave a pleasant impression with
callers by being friendly, helpful, and courteous.
Long distance calls, relating to business, should be made through the county
telephone system. Each employee must have his own private authorization code. This
code shall be requested by the Operations Director when the employee begins
employment. The length of any long distance call should be as short as possible and
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ABSOLUTELY NO LONG DISTANCE PERSONAL CALLS MAY BE MADE AT
COUNTY EXPENSE.
In conformity with the Americans with Disabilities Act, Harris County has
provided telecommunications for the deaf. These devices have been installed throughout
the county to assist with calls from the hearing impaired community. A
Telecommunications Device for the Deaf (TDD) may be recognized by a tone similar to
the sound made by a FAX machine or a modem. The sound will repeat several times.
You may transfer the TDD call to the County Operator TDD phone line at 755-5005.
This service is provided by Harris County Information Technology Center and is

a twenty-four hour, seven day a week monitored device. The Harris County ITC County
Operator will assist the TDD caller, intercept the information needed and relay it to the
proper department or court.
TDD devices are installed in other departments, as well, and the call may be
directed to other numbers where appropriate. The following Harris County Departments
have permanent TDD devices:
ITC County Operator (24 Hour)………………………..……713-755-5005

County Judge ………………………………………………...713-755-4928
Co. Judge, Ryan White Council ……………………………..713-572-2813
Commissioner Pct. 1 … .......................................................... 713-755-7715
Com. 1, Tom Bass Park ……………………………..…..…..713-738-2492
Com. & Economic. Dev., Social Services …………...………713-695-2395
Commissioner Pct. 2 .............................................................. 713-755-8919
Community Supervision & Corrections ................................. 713-755-7740
Community Supervision & Corrections OST………………..713-440-4746
Constable Pct. 1 ...................................................................... 713-755-4879
Constable Pct. 2 ……………………………………….….…713-477-2766
Constable Pct. 3 …………………………………….…….…281-427-4791
Constable Pct. 4 ………………………………………..…....281-401-6277
Constable Pct. 5 ………………………………………….….281-492-3699
Constable Pct. 6 ……………………………………………..713-923-9156
Constable Pct. 7 ……………………………………………..713-643-4052
Constable Pct. 8 ……………………………………………..281-488-4040
Fire Marshal …………………………………………………281-436-8099
Juvenile Probation …………………………………………..713-222-4874
Juvenile Probation, Burnett-Bayland ………………………..713-222-4555
Management Services ……………………………………… 713-755-6870
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Office of Emergency Management ………………………… 713-881-3099
Pretrial Services ……………………………………………. 713-755-6601
Public Health and Environmental Services, HIV Services.… 713-439-6353
Flood Control ......................................................................... 713-684-4280
County Library Baldwin Branch ............................................. 281-443-4827
Health Department ……………………………...……….…..713-439-6112
Sheriff's Office ........................................................................ 713-755-5677
Assessor & Collector of Taxes ………………………………713-755-4214
In the event a staff member needs to place a local or long distance call to a
hearing impaired person using a TDD device, communications personnel can assist in
placing the calls for county business and relay the conversations. For this service call
the County Operator at 713-755-5000.
In addition to the above procedures, Relay Texas allows you to make calls as well
as receive calls from anywhere in the United States. The Relay Texas Center is located
in Austin. There is no charge for using Relay Texas and it is available twenty four hours
a day. Direct dial, collect, third-party and credit card calls are accepted through Relay
Texas for the toll portion of the calls. Long distance calls made through Relay Texas are
billed at discounted rates to make up for additional time needed to place a relay call.
Relay users may also ask for a Spanish Speaking Relay Texas Agent or they may
request a male or a female Relay Agent. All Relay Texas calls are strictly confidential
and no records of any conversations are kept.
To use Relay Texas from a TDD device and make a call to a non-TDD user, call
1-800-735-2989.
To use Relay Texas from a non-TDD phone but you need to call a TDD user call
1-800-735-2988.
SECTION 2.11. POLITICAL ACTIVITIES
Political activities are prohibited within the office. No political literature will be
displayed within the office or mailed or emailed by an employee (or if the employee is a
candidate, by the candidate’s Campaign Treasurer, Campaign Committee, or other
representative of the candidate) to others at a District Attorney’s Office address.
Any employee may express a private opinion during off-work hours concerning
any candidate or political issue, but it should be made clear the expression is a private
opinion and in no way represents the Harris County District Attorney's Office. All
employees must take care that their activities do not compromise the integrity of this
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office in enforcing the law, or create a conflict or apparent conflict of interest with the
neutral and impartial administration of justice.
Any employee who intends to become a candidate for election to a political office
should notify the District Attorney before making a public announcement of such intent
or before taking any affirmative step toward becoming a candidate, such as designating
a campaign treasurer.
Any employee who chooses to run for political office should bear in mind that the
work duties of this office take precedence over political campaigning. Any
campaigning during the employee’s assigned work hours must be kept to a minimum
and should be reported on the employee’s timesheet as vacation or compensatory time.
An employee seeking election may request a leave of absence, which will be considered
in light of the work needs of the office.
SECTION 2.12. PRESS RELATIONS
Generally, there are three areas in which the press is interested. The first is in
facts which have occurred, such as results and testimony of a trial, whether a person is
on bond, or what motions have been filed. All personnel are urged to cooperate with the
press in obtaining an accurate account of factual matters, which are a matter of public
record. Assistants should notify the First Assistant and District Attorney’s Public
Information Office of unusual verdicts or results in cases of public interest. Always
return telephone calls, even if you intend to "have no comment." Where possible, an
Assistant who speaks with the media should first coordinate with the Public Information
Office.
No personal attack, petty criticism, or intemperate, inflammatory, or otherwise

inappropriate language, criticizing the criminal justice system or any person therein,
shall be made by any author or speaker identifying himself with this office in any
comment or correspondence with the news media as authorized herein. If there is any
question as to the propriety of the intended comment or correspondence prior to its
dissemination, consult the Public Information Office, District Attorney or First
Assistant.
The second area of press interest concerns policy pronouncements within the
office. These will only come from the District Attorney or First Assistant or their
designee.
The third category of press interest would be speculating on what will occur in
the future with regard to a given case or situation. Extreme caution should be used in
this area. No assistant should ever release any information which is not of public record,
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if that information will in any way prejudice the rights of the defendant or will hamper
his case or his investigation. For example, for one to say "the Grand Jury will hear ten
witnesses tomorrow" on a particular matter might be a safe comment, but for an
assistant to say "we will have an indictment by next week" would be an absurd
comment. A strong sense of discretion must prevail in this area. If there is any doubt
over the propriety of any statement, check with the District Attorney or the First
Assistant.
Under the above guidelines, it is generally appropriate to disclose or report the

following:
1. The accused person's name, age, residence, employment, marital status and
similar biographical information.
2. The charge.
3. The amount of bail.
4. The identity of the complaining party.
5. The identity of the investigating and arresting agency and the length of the
investigation.
6. The circumstances of arrest, including time, place, resistance, pursuit and
weapons used.
It is generally not appropriate to disclose for publication or to report prior to the

trial the following:
1. The contents or existence of any admission or confession.

2. Opinions about an accused person's reputation, guilt or innocence.
3. Opinions concerning evidence or argument in the case.
4. Statements concerning anticipated testimony or the truthfulness of
prospective witnesses.
5. The results of fingerprint, polygraph, ballistic or laboratory tests; or the
mere existence of a polygraph test.
6. Precise description of items seized or discovered during investigation until
such items are the subject of a charge.
See also Rule 3.07, Texas Disciplinary Rules of Professional Conduct.
When in doubt, always ask your supervisor’s opinion, and notify the office’s Public
Information Officer.
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SECTION 2.13. STANDARDS OF CONDUCT
No quality is more important than maintaining the highest standard of personal

integrity and professionally ethical conduct. Please refer to the Code of Judicial Conduct
and the Texas Disciplinary Rules of Professional Conduct. Each Assistant shall
maintain the highest standard of ethics commensurate with these directives.
In addition thereto, your word should be your bond. Not only should you comply
with the Disciplinary Rules, but an even higher standard of conduct is expected from an
Assistant District Attorney. The same high standard of conduct is expected of each
employee of this office. Every act done by an employee is a reflection on the office as
well as upon the individual concerned, and the highest ethical standards will be
maintained by all members of the staff.
No employee will use the name of this office for his own personal reasons. No
employee shall use his position to assist himself, his family, or friends except to refer
them to the appropriate department within the office the same as he would be expected
to do for any other citizen. Neither will this office be used to intimidate any citizen or
attorney.
A staff member who is arrested, investigated for a crime, or charged with or

convicted of a crime (other than minor traffic infractions) in this or any other
jurisdiction shall immediately report the incident to his/her Bureau Chief. An attorney
shall immediately notify his/her Bureau Chief and the General Counsel of any state bar
investigation of the attorney.
Supervisors shall refrain from engaging in a romantic, dating or sexual

relationship with a staff member under his/her supervision.
All staff members should avoid developing a romantic, dating, sexual or other
social relationship with any person with whom the office has a present professional
relationship, such as a complainant, witness, confidential informant or defendant, where
the staff member meets the person through this office.
From time-to-time, a person with whom a staff member has an existing social
relationship will become a complainant, witness or defendant, or otherwise involved in
a case this office is handling. In that circumstance, the employee should inform his/her
supervisors, who should in turn inform the First Assistant and District Attorney, so that
appropriate measures may be taken to prevent any conflict of interest.
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The District Attorney’s Office recognizes that employees may participate in
social networking sites on the internet such as MySpace, Facebook and Twitter and may
publish their own blogs. However, since any information shared online can reflect on
this office, such postings should be personal and should not discuss any official business
of the office or make reference to the office or an activity within the office. Any
posting should not purport to describe office policy, as the administration will address
office policies. You should not state your title or position in the office on any posting,
as this may imply an official statement of the office. Your online conduct should mirror
your conduct in the office. Remember – nothing online is truly anonymous.
Information that you post online is often permanent or, at the least, may remain present
for a long period of time.
All staff members should understand that all official information relating to the
District Attorney’s Office and in particular information derived from our case files, is
for official use and official purposes only. Much of this information is confidential and
should be treated as such. No official information may be used for any private or
personal purpose.
PROFESSIONALISM POLICY
We represent the State of Texas in the most important cases heard in the courts of this
County. The citizens of this County entrust us to see that justice is done in each case we
investigate or prosecute.
This trust is based, in no small measure, upon the community’s perception that we are
ethical and professional in the discharge of our responsibilities. Many of the difficult
decisions made by jurors, judges, victims, and defense lawyers in the criminal justice
system are based on the credibility of our factual representations and advocacy. On a
larger scale, the public’s perception of whether the system actually obtains just results is
colored by the public’s perception of the people engaged in the pursuit of those results.
It thus follows that unprofessional conduct by a staff member, whether in or out of the
office, necessarily impacts the public’s belief in our good faith and professionalism.
Because we accuse others of misconduct, we must be above reproach ourselves.
Accordingly, while the District Attorney has no interest whatsoever in regulating the
personal lives of the staff, the District Attorney will not tolerate unprofessional conduct
that brings disrepute to the Office. Examples of unprofessional conduct include, but are
not limited to:
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 Inappropriate social relationships with defendants, complainants, witnesses, or
informants.
The District Attorney’s Office enters into a professional relationship

with different individuals/entities to carry on the work of this office.
Anytime the office is in a professional relationship with any
individual/entity, all members of the office must likewise maintain a
professional relationship with that individual/entity.
If a member of this office has a personal relationship with an

individual/entity and subsequently, because of some situation, the
individual/entity comes into a professional relationship with this
office, the staff member must notify his or her supervisors, who must
in turn inform the First Assistant and District Attorney immediately
so that proper precautions can be taken.
 Public displays of intoxication or conflict.
 Using one’s position for private gain or for the private gain of family members or
friends.
 Using nonpublic information to advance any private interest.
 Using public property and equipment for an unauthorized purpose.
 Engaging in outside employment or activities that conflict with one’s official

duties and responsibilities.
 Intentionally or knowingly misusing anything of value belonging to the County

for the purpose of obtaining a benefit or for the purpose of harming or defrauding
another.
 Filing incorrect time sheets.
SECTION 2.14. PUBLIC SPEECHES AND APPEARANCES
All employees are encouraged to make public speeches, appear on panels, and in
the media in an effort to educate the public as to the role of the District Attorney's
Office and the problems in combating crime. The Executive Assistant to the District
Attorney shall be notified when any staff member has been invited to speak or has
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accepted an engagement by virtue of his or her employment with the Office of District
Attorney.
When an Assistant is invited to speak in his official capacity or where the subject
matter pertains to the District Attorney's Office, he or she should not express an opinion
inconsistent with the official position of the Office in any significant or controversial
issue. Before undertaking such engagement, the speaker should become informed as to
the official position by contacting the District Attorney or the First Assistant. Assistants
and investigators should be alert to the fact that when speaking on issues that are within
the purview of the District Attorney's responsibility, the public has a tendency to hold
the District Attorney responsible for the expression of his employees, regardless of the
fact that disclaimers may have been made.
There is a wealth of speech material on specialized topics within the office.

Anyone who accepts an invitation to speak is expected to be prepared and do an
effective job in order to promote the image and role of the Office.
SECTION 2.15. POSTAGE AND MAIL
Out-going mail is to be delivered to the sixth floor mail distribution point by 4:00
PM daily.
Please be certain to put a return address or division, or your name, on the outside
of the envelope so that in the event the mail is returned for some reason we can get it
back to the correct individual. Be certain on out-going mail to put the zip code and a
complete address on the envelope. The return receipt cards must be completely filled
out to show the address, the assistants name and return address, so the card may be
properly returned. Addressing a return post card on a certified letter, for example,
without the name of the person who is sending the letter, is inconsiderate and
irresponsible. Likewise, when requesting information from other agencies, be certain
that the material is sent to you by name...not just the Office of District Attorney. It is
terribly time-consuming for someone to try and locate the correct person who requested
the information when the material is sent in that manner. More importantly, you may
not get the material at all.
SECTION 2.16. SUSPENSIONS, TERMINATION OF EMPLOYMENT
The District Attorney reserves the right to discharge any employee in the best
interest of the operation of the office. Employment with Harris County is "employment
at will." It is not possible to anticipate or list in advance every reason that a person may
be discharged from employment. Each employee serves at the pleasure of the District
Attorney, and the District Attorney has the duty and obligation to administer the office
38
in the best interest of the public. However, this office and this administration have a
history of treating all employees with dignity, fairness, and respect. It is in this spirit
that these policies concerning disciplinary procedures, procedures for judging
competency and the rights of the employee in this context are promulgated.
All employees are expected to obey and follow the laws of the United States, this
State and Municipality and the lawful orders, regulations, and policies of the Harris
County Commissioners Court and the Harris County District Attorney's Office. Such
orders, regulations, and policies of the District Attorney include those in this Operations
Manual, and the oral and written directives of the District Attorney and her duly
authorized supervisors. Such policy directives may be distributed and disseminated by
oral or written communication, including email, and by placement of such policy
directives and memoranda on the District Attorney network computer system.
Each employee is charged with knowledge of the rules, regulations, and policy
directives as distributed in the manner explained in the preceding paragraph.
Violations of any of the above mentioned provisions shall be grounds for

disciplinary action. Disciplinary action may be taken for any infraction of these rules,
laws, and policies. Disciplinary action includes discharge, suspension, demotion and/or
reduction in pay. Any willful misrepresentations made in conjunction with seeking
employment with this office or misrepresentations made in the ordinary course of
business concerning a material matter to a supervisor, shall be grounds for disciplinary
action.
Upon termination of employment with the District Attorney's Office, the

employee is required to return to the Operations Director the following items:
1. Any entry card keys for the building or garage

2. Identification folder and ID
3. Peace Officer's Badge, if originally issued, and raid jacket
4. Trial Manuals
5. Office keys
6. Harris County Photographic Identification Card
7. All publications, including but not limited to, CCP, PC, and Rules of
Evidence.
8. Any other personal property belonging to government and assigned to the
employee by virtue of his or her employment with the Harris County
District Attorney
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SECTION 2.17. DISCIPLINARY PROCEDURES
It shall be the duty of each supervisor to report by written memorandum, not

email, any serious infraction of policy, rules, regulations, or violations of law by any
employee to the appropriate Bureau Chief, with a copy to the First Assistant. This report
shall be made immediately upon the supervisor being made aware of the infraction or
suspected infraction. The supervisor shall use his/her best judgment in determining
whether the infraction is one of a serious nature. Supervisors will handle minor
infractions in a constructive but firm manner in order to prevent reoccurrence. Written
notification of the infraction and the remedy taken will be sent to the First Assistant. An
infraction will be considered serious by reason of minor infractions on a repetitive basis.
In the case of minor infractions on a repetitive basis, the supervisor shall document each
minor infraction and the action taken by the supervisor to remedy the situation. An
Employee Warning Report is available as a template in Word. This report is to be used
at the discretion of a supervisor to warn an employee of problem areas. This form
should be completed by the appropriate supervisor and the employee. The completed
form shall be forwarded to the appropriate Bureau Chief, First Assistant and District
Attorney for inclusion in the personnel file for the affected employee.
A serious infraction of the policies of this office or the law may necessitate a
temporary suspension pending investigation and a disciplinary hearing. The District
Attorney may suspend the employee, without pay, pending final disposition of the
matter. In the absence of the District Attorney, the First Assistant may exercise this
authority.
The District Attorney may, in her sole and exclusive discretion, discharge and
terminate any employee at any time without notice. The District Attorney may also
suspend an employee without pay.
SECTION 2.18. PROMOTIONS AND PAY RAISES
Promotions and pay raises are based upon merit, not longevity. Other factors
being equal, seniority may be a deciding factor.
The primary consideration for pay raises are as follows:
1. Overall value to the office (merit)

2. Position held
3. Seniority
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SECTION 2.19. FURNITURE AND OFFICE EQUIPMENT
A computerized system has been instituted to keep track of all office furniture and
equipment according to location, description, and county tag number.
No radios, automobiles or other assets of the office may be changed or reassigned

without the express consent and permission of those supervisors authorized to make
such changes. In the case of furniture the Operations Director shall be apprised of any
moves or changes in location and inventory assignment. No equipment change with
regards to automobiles or radio equipment shall be made without the knowledge and
consent of the Chief Investigator or his authorized designee.
SECTION 2.20. SECURITY CARD ENTRY SYSTEM
Upon beginning employment with the District Attorney's Office, each employee
shall be issued a security card. This card authorizes entry into and exit from the District
Attorney's office facilities. Authorizations for clearance are based upon position and
duties. Any request for a change in authorization shall be in writing by the supervisor of
the requesting employee to the District Attorney. No entry status may be changed
without the express authorization of the District Attorney, or in her absence, the First
Assistant.
Each employee is required to carry the card during working hours. Any loss of a
card shall immediately be reported to the Human Resources Section. Failure to notify
the Human Resources Section of a lost or stolen card in a timely manner may result in
disciplinary action.
SECTION 2.21. RADIO AND TELECOMMUNICATIONS EQUIPMENT
The radio system in use by the District Attorney is operated by Harris County
through the Department of Data Services and Communications.
Within the system, there is one "dispatch point" where transmissions may be
originated or received. It is as follows:
Base 1000 - This is the base station located at the Central Intake Division and is
the dispatch point for all of the District Attorneys traffic. Base 1000 accesses NCIC,
TCIC, and JIMS from this location. This station may also answer and access the
telephone patch. This station operates 24 hours per day, seven days per week.
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Base "1000" shall keep a daily log, (headed by date and operator's name),
showing all calls received as well as those dispatched, by base or unit number, time and
synopsis of each message. A copy of this log will be retained at base "1000". Any
infraction of rules pertaining to the use of the radio system shall be reported to the chief
investigator in writing.
Conformity to FCC regulations is essential to the operation of the

communications system. Violations could result in an FCC citation, a possible fine, or
even in the station being taken off the air. Caution should be exercised to avoid any of
the following violations:
FCC regulations make it unlawful to:
1. Transmit superfluous signals, messages or communications of any kind on

your radio transmitter;
2. Use profane, indecent or obscene language;
3. Willfully damage or permit radio apparatus to be damaged;
4. Cause unlawful or malicious interference.
5. Intercept and use or publish the contents of any radio message without the
express permission of the proper authorities in your department;
6. Make unnecessary or unidentified transmissions;
7. Transmit without first making sure the intended transmission will not cause
harmful interference;
8. Make any adjustments, repairs or alterations whatsoever to your radio
transmitter. It is required by law that only a professional Radio Technician,
holding a Second Class license or higher, may make adjustments and
repairs;
9. Deny access to your radio equipment if a properly identified representative
of the FCC asks to inspect it. The equipment must be made available for
inspection at any reasonable hour;
10. Transmit a call signal, letter or numeral which has not been assigned to
your station or car.
The District Attorney is capable of communicating with State, County, Local and
Federal law enforcement officers in Texas and also all other states of the United States
except Hawaii. The teletype networks that we are connected to are called The Texas
Law Enforcement Teletype System (TLETS) and the National Law Enforcement
Teletype System (NLETS). In addition, we have contact with a number of computers
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which provide vast amounts of law enforcement information. These include the
National Crime Information Center (NCIC) at FBI Headquarters in Washington, D.C.,
the Texas Crime Information Center (TCIC) at D.P.S. Headquarters in Austin, Texas,
and many others.
TLETS - NLETS is for usage only by law enforcement agencies and only in the
lawful performance of their duties.
TLETS - NLETS rules dictate that the terminal must be secure from unauthorized
use. Therefore, no one may operate the TLETS - NLETS terminal unless they have
attended an approved training program and have been authorized by the proper
authority.
This system is not intended as a public information device; therefore, the general
public should be referred to the Texas Highway Department at Austin, Texas, to obtain
vehicle registrations which may be accomplished by mail or by telephone. Driver's
license record information may be obtained from Texas D.P.S. at Austin, Texas, upon
written request.
The following types of messages and inquiries are available by calling the
communications office.
1. Administrative message - this is a manual, plain English type of message

from our agency to another agency, usually to make a request for
investigation or information. While the actual transmission time of the
message may only be seconds or minutes, you may normally expect an
answer to be returned in the time span of thirty minutes to several days,
depending upon the type of request. Common sense and reasonableness
should be used in making any request to another agency, which should be
made as briefly as possible, while making the request as clear and concise
as possible.
2. Texas Driver's License Records - this computerized return will list a
driver's name, address, race, sex, date of birth, address, physical
description, and expiration date. Additionally, a complete record of all
traffic related convictions would be included as well as the current license.
3. Texas Motor Vehicle Registration - This computer return will list the
owner's name and address as well as the previous owner's name and
address, including the vehicle identification number, title number and other
information.
4. Texas Boat Registration - this return will list the owner's name and
address as well as other information.
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5. Criminal History Request - this is a computer search of TCIC (Texas
Crime Information Center) files in Austin, Texas, and Washington, D.C.
However, when a return listing a criminal record is received, it supplies
only a summary of the arrest and conviction record. The conviction data is
many times incomplete. Also, there are many criminal records in
Washington, D.C. at NCIC which have not been computerized, which
raises the possibility that a return could state "No NCIC Record" when in
fact the person inquired about does have a criminal record.
6. Wanted person request - in this instance, the computer searches
TCIC/NCIC files to determine if the person inquired about has been
entered as being wanted for some crime. However, again in many cases the
file is incomplete because many agencies fail to enter persons wanted by
their department.
7. Out-of-state driver's license request - an inquiry may be made, which,
when returned, will list the driver's name, address and other information.
The driving record which follows will normally only list DWI convictions
and suspensions.
8. Out-of-state registration request - an inquiry may be made which, when
returned, will list the owner's name, address and other information.
9. Stolen inquiries - inquiries may also be made of NCIC/TCIC concerning
stolen vehicles, guns, securities, boats and articles.
In the future, the services of this equipment and the communications office will
probably be increased, and when they are, you will be so notified.
SECTION 2.22. FIREARMS POLICY
(a) Investigators
All employees designated and appointed as investigators are required to show

proficiency with their weapons on an annual basis. Firearms proficiency is a
requirement for employment with this office.
All district attorney investigators are on duty and subject to call 24 hours a day.
They shall wear their sidearms at all times, unless good judgment would dictate
otherwise.
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No investigator may carry a primary sidearm of caliber less than 9 mm/.38
Special while in the performance of their official duties. All investigators must qualify
with all handguns carried, on or off duty.
Service ammunition carried on duty must be of commercial variety.
Investigators must lock their service handgun in a desk or cabinet, or carry the
handgun on their person while in the office.
Shotguns or rifles carried in the vehicle must be carried on-safety and without a
live round in the chamber in accordance with good professional practice.
Every investigator is responsible for knowing the law regarding the use of force
set forth in Chapter 9 of the Texas Penal Code, and the rules promulgated by the Texas
Commission on Law Enforcement Standards and Education.
(b) Chapter 411, Subchapter H, Concealed Handgun Licensees
Staff members who are licensed to carry a concealed handgun under Chapter 411,
subchapter H, of the Texas Government Code must observe the following restrictions:
o weapons that are not actually being carried on the person of such licensee
shall be out of sight and securely locked so that visitors and other members
of the staff do not have access to such weapons;
o no prosecutor or other staff member licensed to carry a concealed handgun

(other than investigators who are licensed peace officers) shall carry on or
about his or her person a firearm in any courtroom.
(c) Evidence Weapons
Firearms and other deadly weapons which are being kept for evidence purposes
shall at all times be maintained in a safe condition. No evidence weapon shall be
displayed, kept, stored or transported in an irresponsible manner. Specifically, such
weapons shall be hidden from view and concealed except when being used for
demonstrative purposes in court, and then only when the bailiff or other courtroom
official checks the weapon as being safe for such use.
SECTION 2.23. WITNESS RELATIONS AND COMPENSATION

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Witnesses will be treated courteously at all times. Any time a case has been
disposed of, passed or reset, the witnesses subpoenaed will be notified in advance.
There is no excuse for a witness perhaps losing a day's pay to come to court because the
prosecutor forgot to notify him.
Whenever practical, witnesses, complainants, and interested parties should be

consulted and kept informed of the progress of the case. For example, when the defense
motion for continuance is granted, the state's witnesses should be told why they must
come back to court. Take time to explain that we are trying to get the case to trial as
soon as possible and that factors beyond our control (and beyond that of the court if
such is the case) prevented the case from being tried.
Always remember it is a hardship on many witnesses to appear. Whenever

possible, cooperate by placing the witness on call. Also remember that the only contact
many citizens will have with our courts is that of a witness. Take a little time to explain
why the case was passed or why probation or specific jail sentence was recommended.
It is important that citizens have confidence not only in our office, but also in the courts.
Do not subpoena media reporters as witnesses based on news stories they have
compiled. Media reporters should only be subpoenaed upon the approval of the District
Attorney or First Assistant. Articles 38.11 and 38.111, C.C.P. establish a qualified
privilege for journalists.
Out of County Witnesses
Article 35.27, C.C.P. provides for the compensation of non-resident witnesses by

the Comptroller of Public Accounts. It requires that the witness be "requested in writing
by the prosecuting attorney or the court to appear for the purpose of giving testimony in
a criminal proceeding". Any Assistant who requires the appearance of a witness under
these circumstances shall deliver a copy of the letter requesting the witness to appear to
the Bureau Chief who will approve the letter and transmit it to the Operations Director.
Such procedure shall be followed even if time strictures may actually prevent the receipt
of the letter by the witness. The letter should advise the witness of the date and time the
case is set for trial. The letter should also include information related to the statutory
reimbursement limitations related to travel and expenses, including the maximum dollar
amount for living expenses and the amount per mile for travel by personal automobile. .
The witness should also be advised that telephone contact will be maintained to give
precise time considerations or to avoid a needless trip if the case is not tried. Copies of
all correspondence should be maintained in the case file.
Harris County Witnesses
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Article 35.27, C.C.P. does not provide for the compensation of resident
witnesses by the Comptroller of Public Accounts. Therefore, transportation expenses,
living expenses, and other travel expenses will not be paid to witnesses who reside
within Harris County, Texas. However, when feasible, meals for indigent witnesses
residing within Harris County may be provided by District Attorney’s Office
investigators. Under office policy, the investigator may pay for an indigent witness’s
meals (up to $20.00 per day) on the day the witness has appeared to testify on behalf of
the State. The investigator may obtain reimbursement by submitting the original
itemized receipts for such witness meals to his or her supervising Court Chief, along
with a completed internal Harris County Witness Meal Reimbursement Request Form.
Upon approval of the Assistant District Attorney supervising Court Chief, the form and
receipt should be forwarded to the District Attorney or First Assistant for final approval.
The District Attorney or First Assistant will then forward the form and receipt to the
Operations Director. No claim for reimbursement will be allowed unless the expense
has been properly approved and there is appropriate documentation of expenditures.
Witness fees are not to be used to purchase investigator, prosecutor, county

employees, or non-indigent witness meals. Reimbursement will not be made for
vending machine purchases, telephone calls, personal items, transportation costs,
medicine, diapers, alcohol, or any other purchases.
Reimbursement may be made for the purchase of meals for children of indigent
witnesses if the witness had no child care alternatives. Children’s meals will only be
reimbursed up to $10.00 per child per day and only with proper approval and
documentation of expenditures.
SECTION 2.24. EVIDENCE
(a) Disposition of Evidence
The District Attorney's Office does not have the authority to determine the
ownership of property being held by a law enforcement agency. In disposing of the case
and after thoroughly checking to make sure that the evidence is not needed in another
case, if the Judge will consent, the assistant should attempt to get the court to enter an
order directing the police to turn the property over to the specific owner. The assistant
should then write a letter to the law enforcement agency holding the physical evidence
which reads as follows:
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"The above styled case has been disposed of (or whatever the case may be). The
property that is being held by your department in this case is no longer needed for
evidence purposes".
Possession of Items Actually or Potentially in Evidence - No employee of this

office will possess in any way for personal use property or other items:
1. Which have been or may be introduced into evidence.
2. Which have been located by or are in the custody of any law enforcement
agent or agency as a result of an official investigation.
3. Which are in custody of any court or court personnel in relation to any

criminal charges or investigation.
(b) Firearms as Demonstrative Evidence
This office has been accumulating and maintaining a collection of pistols,

revolvers, derringers and shoulder weapons which may be utilized by prosecutors as
demonstrative evidence. These are weapons that have been forfeited to the office and
are maintained in the firearms safe. Should any prosecutor require one of these weapons
for the purposes of demonstrative evidence in a criminal prosecution they should
contact the Chief Investigator or the Trial Bureau Captain.
The prosecutor requesting the weapon must make his selection from those
available in the firearms safe and sign a receipt in the ledger book. In addition to the
firearm, a photograph of the weapon will be made available so that the demonstrative
firearm may be returned to the safe and the photograph entered into evidence. DO NOT
INTRODUCE THE DEMONSTRATIVE WEAPON INTO EVIDENCE.
As soon as the case is completed, the prosecutor shall return the weapon to the
firearms safe so that it will be available as needed for future cases. The prosecutor
handling the trial of the case should be the person receiving and returning the weapon as
the custodians have been instructed to check the weapons out only to that individual. Do
not send any other person to check out a weapon.
SECTION 2.25. REIMBURSEMENT FOR EXPENSES
(a) Ordering Records
Routine certified copies of judgments, prior convictions and other records

required for enhancement purposes should be ordered as needed, and the bill for same
presented to the Operations Director for payment.
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When ordering costlier items such as a deposition, testimony from previous trials,
or any record, the matter should be submitted in writing, with an estimate of cost, for
approval by the appropriate Bureau Chief. The Bureau Chief, if he or she approves the
expenditure, will transmit it to the Operations Director, or to the First Assistant for
further approval.
(b) Travel Expenses
Any travel for which reimbursement is expected from the County must be cleared
first through the District Attorney or First Assistant. Under Commissioners Court
policy, the Court must first approve any travel expenditures before the travel has
actually occurred. It is necessary to give approximately two weeks advance notice so the
appropriate approval may be obtained from Commissioners Court. Proper receipts for
hotel bills, plane tickets, gasoline tickets and meals must be furnished to the Operations
Director. Other rules and procedures promulgated by the Harris County Auditor's Office
from time to time must likewise be followed. Be certain to consult the Operations
Director on any questions regarding travel, in advance of the proposed travel. No claim
for reimbursement will be allowed unless the expense has been properly approved and
there is appropriate documentation of expenditures.
SECTION 2.26. POLYGRAPH EXAMINATIONS
While a polygraph examination is an excellent investigative aid, Assistants in this

office will not permit the machine to make judgments on cases. The polygraph
conclusions, if any, will be weighed and evaluated in light of all other facts and
testimony. Criminal cases will not be "tried" in the office of the polygraph examiner.
Effective September 1, 1995, the Legislature added Article 15.051 to the Code of
Criminal Procedure. This Act, as amended, prohibits a peace officer from requiring a
complainant of an offense under Section 21.02, 21.11, 22.011, 22.021 or 25.02, Texas
Penal Code, to submit to a polygraph examination.
Further, a prosecutor may not request that such complainant submit to a

polygraph examination without first explaining to the complainant that such an
examination is not required, and that no complaint may be dismissed solely because a
complainant did not take a polygraph examination, nor may it be dismissed on the basis
of the results of any polygraph examination taken by the complainant. Such an
admonition must be in writing, signed by the complainant, indicating that the
complainant fully understands the explanation required under the Act.
If the complainant signs the admonition required by the Act, and submits to a
polygraph examination, a complaint may not be dismissed solely because of the results
49
of the examination, nor may a complaint be dismissed because the complainant failed to
submit to the examination.
(a) Witnesses
If facts are presented prior to trial that cast serious doubt on the credibility of the
complaining witness, a thorough investigation relative to the facts is called for. The
witness should be interviewed. If there is doubt to the extent that the prosecutor cannot
in good faith pursue the case or vouch for the credibility of the witness, the case will be
discussed with his supervisor and the chief of the affected division. If there is
concurrence as to the necessity of an examination, the witness may be requested to take
a polygraph examination, but only after complying with the provisions of Article
15.051, Code of Criminal Procedure.
(b) Defendants
Extreme caution should be exercised in agreeing to give the accused a polygraph

examination. Any positive results are inadmissible as evidence and any agreement that
the accused will plead guilty is unenforceable. Only in those instances where there is a
substantial doubt, which the results of the test may be able to correct, should the
prosecutor agree to give or cause to be given such an examination to the accused.
All requests for polygraph examinations to be given prior to indictment will be

cleared through the chief of the affected division.
After a defendant has been charged by indictment or information, an examination

will not be administered except with the approval of the chief of the court and the
affected division chief. The law enforcement agency that investigated the case will be
contacted prior to any request for such examination, and the facts or circumstances
giving rise to the request will be discussed with the investigating officer. Although the
position of the officer or the law enforcement agency will not control, the officer or his
department will be consulted, and it will be explained why a polygraph examination will
be administered to a defendant previously examined or who has previously refused a
polygraph examination.
After the chief of the affected division agrees that the test will be administered he
will contact the Division Captain of the agency from which our case emanated to
request the test. The agency will arrange for the polygraph operator to conduct the test.
If the defendant is in jail, the investigator in the court where the case is pending
will make arrangements to have the accused brought to a detention cell nearest to the
polygraph examiner where the polygraph examiner may then take custody of the
50
prisoner. After the examination is completed, the polygraph examiner will return the
prisoner to the same hold-over cell.
The defendant on bail has the right to arrange for his own polygraph test, and
through his counsel, submit findings to the trial prosecutor, who is then free to consult
our polygraph examiner. If, at this time, it is felt by our examiner that a further
polygraph by our office may be of assistance, permission may only be secured through
the chief of the affected division.
Memorandums of all requests and conversations concerning requests and

decisions for polygraph examinations shall be placed in the file by the prosecutor
assigned the case.
Even though polygraph results are inadmissible, the failure of such a test is to be
considered evidence covered by the office’s ―Brady‖ policy.
SECTION 2.27. OBTAINING PERSONS FROM OTHER JURISDICTIONS
(a) Bench Warrants
If a defendant or witness is in custody in a Texas county other than Harris County or in

the Institutional Division of the Texas Department of Criminal Justice (TDCJ), his
presence may be secured by means of a ―bench warrant.‖ A Bench Warrant is an order
from a judge of a court of record ordering the custodial agent to deliver the body of the
named individual to the law enforcement agent who is holding the bench warrant.
If a Harris County Judge orders a bench warrant for a defendant or witness that is
incarcerated in another county or in TDCJ, the coordinator of the court sends the judge’s
order to the Harris County Sheriff’s Office, Fugitive Warrants Division (HCSO). The
HCSO then coordinates travel arrangements with the county where the defendant or
witness is incarcerated.
If another Texas county is requesting a bench warrant on an inmate in the Harris County
Jail where his/her Harris County case is still pending and has a future court date, the
Texas County should call the Executive Assistant to the First Assistant and request
permission. The Executive Assistant to the First Assistant will contact the prosecutor of
the court and ask permission to allow the Texas county to borrow the inmate on the
contingency that the requesting county returns the inmate back to Harris County a few
days prior to his/her future court setting. If the prosecutor approves the request, the
Executive Assistant to the First Assistant will then contact the Harris County Sheriff’s
Office Inmate Processing Center at (713) 755-8010 and advise them of this
arrangement. Additionally, the Executive Assistant to the First Assistant will contact
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the requesting county and advise them of our answer, so that transport can be arranged.
It is the responsibility of the Executive Assistant to the First Assistant to follow-up with
that county to insure that the inmate has been returned to the Harris County Jail at the
appropriate time.
In some circumstances, the prosecutor may request that the requesting Texas County
keep the inmate until there is a disposition of the case in that county and upon
disposition, return the inmate to Harris County. However, unless the prosecutor
communicates that to the Executive Assistant to the First Assistant, the default will be to
require the requesting county to return the inmate before the next Harris County setting.
(b) State Extraditions
If an accused has an open warrant in one state (hereafter called ―demanding state‖) and
is taken into the custody of a law enforcement agency in another state (hereafter called
―asylum state‖), the only means of securing custody of the fugitive would be through
the process of extradition.
When Texas is notified by the asylum state that they have a fugitive in custody, the
Harris County Sheriff’s Office, Fugitive Warrants Division (hereafter ―HCSO‖) will
contact the Harris County District Attorney’s Office Extradition Administrator. The
Extradition Administrator will send a memorandum to the prosecutor handling the case
to review the case and make sure that the extradition is justified under the facts. Upon
receiving the memorandum back, the Extradition Administrator communicates the
intent to extradite or not to the HCSO.
The asylum state will take the fugitive to a court of record in that jurisdiction to be
advised of his/her rights as a fugitive. That fugitive may waive extradition and in
executing such waiver, is typically remanded to custody in the asylum state and the
demanding state is advised to transport the fugitive back to the demanding jurisdiction
within 10-14 days depending on the asylum state’s statutes. The fugitive also has the
choice to refuse to waive extradition thereby forcing the demanding state to proceed
with a request for Governor’s Warrant. The asylum state will then contact the HCSO
who contacts the Extradition Administrator to advise to proceed with the Governor’s
Warrant process. The asylum state court of record can choose to remand the fugitive
into custody until such time as the Governor’s Warrant is served or the court of record
may give the fugitive an opportunity to post a fugitive bond and be required to come
back to court at a set time to be served the Governor’s Warrant.
In the requisition for application of a Governor’s Warrant, the demanding state must
prove three things to the Governors of both the demanding and asylum states. (1) That
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the fugitive in custody is the fugitive that the demanding jurisdiction is seeking; (2) That
the demanding jurisdiction has proper documentation in place to charge the fugitive; (3)
That the crime the fugitive is alleged to have committed is a valid crime in the
demanding state. The demanding state has a minimum of 30 days to complete this
paperwork. The asylum state court of record can give an extension of 60 days or a
maximum of 90 days to complete the paperwork. If the demanding state can meet the
burden and a Governor’s Warrant is successfully served upon the fugitive, the asylum
state will immediately remand the fugitive and the HCSO will be notified to transport
the fugitive back to the demanding jurisdiction.
The provisions of law with regards to extradition may be found in Article 51.13 of the
Texas Code of Criminal Procedure. The statute is known as the Uniform Criminal
Extradition Act (UCEA).
It is important that each prosecutor review the case closely where extradition is the only
means for securing attendance in this state to insure that the expense of extradition is
justified. The Bond Forfeiture Division Chief approves all state extraditions. If
extradition is sought, the case is not to be dismissed unless the Division Chief of Bond
Forfeiture approves the dismissal. If a prosecutor chooses not to extradite a fugitive,
they must state a reason for the decision and await an approval from the Bond Forfeiture
Division Chief. Upon an answer of ―No‖ to extradition, the warrant must either be
dismissed or left in TCIC unless there is a valid justification for leaving it in NCIC.
That justification must be presented to the Bond Forfeiture Division Chief in writing
and approved by him/her. This procedure helps prevent an accused person from being
repeatedly arrested in states other than Texas and held for the Harris County charge,
when in fact we do not intend to extradite.
Upon return of the fugitive and disposition of his/her case, the prosecutor of the court
should seek reimbursement of extradition costs as a condition of the sentence. To find
out extradition costs, the prosecutor should call the Harris County Sheriff’s Office
Fugitive Warrants Division at 713-755-8249 and present the cost to the defense attorney
and court of record. (NOTE: If the defendant was extradited to Texas on a charge
whereby he/she bond forfeited, the prosecutor should call the Bond Forfeiture Division
PRIOR TO seeking extradition costs from the defendant. If the bondsman was required
to pay the extradition costs as a part of the civil remedies of the bond forfeiture, the
defendant shall not be asked to pay those costs.)
(c) Federal Custody
If a fugitive is found to be in the custody of a Federal Bureau of Prisons, that is, he/she
is serving a federal sentence in a federal prison or detention facility, we may be able to
53
secure custody of the prisoner by means of a Writ of Habeas Corpus ad Prosequendum.
If a witness is found to be in the custody of a Federal Bureau of Prisons or detention
facility, we can secure custody of the prisoner by means of a Writ of Habeas Corpus ad
Testificandum. (NOTE: If the fugitive is serving a federal sentence and he/she has an
open MRP or MADJ in Harris County, we can initiate a federal writ. If the fugitive is
serving a federal sentence and he/she has an untried indictment, complaint, or
information in Harris County, our jurisdiction must retrieve the prisoner via an
Interstate Agreement on Detainers. See below for that information).
If a fugitive or witness is in the custody of the U.S. Marshals, it means that there is a
pending federal case. Harris County may be able to secure custody of the prisoner or
witness by means of a Writ of Habeas Corpus ad Prosequendum or Testificandum;
however, the prosecutor will be required to seek permission from the federal prosecutor
(AUSA) handling the federal case. Once the prosecutor has received permission, they
should contact the Extradition Administrator in writing and request rendition of the
prisoner. The prosecutor should include in the writing, the name of the federal
prosecutor and contact number to reach him/her.
Regulations of the United States Marshal may require state authorities to pay not only
for the transportation and maintenance of the prisoner, but also for the U. S. Marshals
who transport the prisoner to and from court and stay with him during court
proceedings. This stipulation of the U. S. Marshals to maintain full custody and control
may be a requirement to successfully retrieve the fugitive for disposition of his/her case.
Prior to the issuance of such a procedure, authorization shall be obtained from the First
Assistant District Attorney.
Upon any request for rendition of a federal prisoner within these United States, the
Extradition Administrator shall seek approval from the Bond Forfeiture Division Chief
and proceed according to that approval.
(d) Interstate Agreement on Detainers (IAD)
If Harris County has filed a detainer with a state facility outside of the State of Texas on
a defendant and that defendant has an untried indictment, complaint or information in
Harris County, an Interstate Agreement on Detainers (hereafter IAD) may be used to
temporarily take custody of the prisoner. The same applies for any Federal Bureau of
Prisons or Detention Facility inside the United States, including Texas, whereby the
defendant is serving a federal sentence. Exceptions to this are Louisiana and
Mississippi who are not a party to the IAD Compact. The Texas statute that provides
for the IAD Compact is found in Article 51.14 of the Texas Code of Criminal
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Procedures. IAD may be initiated by either the prisoner or by the prosecutor of the
jurisdiction which requested the detainer on the prisoner.
1. IAD initiated by the prisoner
The prisoner shall initiate IAD through the Inmate Records Office of the
institution, thereby requesting disposition of his case in the state from which the
detainer(s) was issued. The prisoner cannot initiate IAD without going through
the institution in which he/she is incarcerated. Once the proper forms are
received in this office, they should be forwarded immediately to the Extradition
Administrator. The Extradition Administrator will contact the prosecuting
attorney in writing and request that they review the case to decide if the defendant
should be brought back. If they decide not to retrieve the defendant, they must
dismiss the case. The Bond Forfeiture Division Chief will approve all IAD
decisions.
Article 51.14 mandates that the prosecutor has 180 days to proceed to trial after
such request has been received by the prosecuting authority. The law requires
that the failure to prosecute within this time period will result in dismissal of the
case(s) against the prisoner. The law also allows for that time to toll under
necessary and reasonable circumstances, for instance, if defense counsel or the
defendant reset the case for non-trial settings thus delaying disposition of the
case, the prosecutor’s time would toll. Nonetheless, it is imperative that the
prosecutors determine a decision to move forward with IAD quickly because of
these time-sensitive issues. Once again, the consequences of delays in the IAD
process could result in dismissal of the case.
2. IAD initiated by the prosecutor
The prosecutor can initiate IAD without cooperation from the defendant. If a
prosecutor is interested in initiating IAD, they should contact the Extradition
Administrator in writing with a request. In the request, they should include the
whereabouts of the defendant, a projected release date, a brief statement of facts
of their Harris County case and a justification for retrieving the defendant at that
time as opposed to waiting until he/she released to the Harris County detainer. In
making the decision to initiate IAD, the prosecutor should consider the following:
(1) Travel expenses. It will be a two-way trip instead of a one-way trip if the
defendant just releases to our detainer. So the prosecutor should consider the
defendant’s projected release date from the facility before making the decision.
(2) Due diligence. Could there be a due diligence claim made by the defense
when the defendant does return to Harris County?
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(3) Ability to effectively prosecute. Are witnesses available? Is the case
prosecutable? The prosecutor should be reasonably sure they can prosecute the
case prior to the Extradition Administrator spending 3-4 months processing IAD
paperwork.
Article 51.14 mandates that the prosecutor has 120 days to proceed to trial after
they have initiated IAD. The law requires that the failure to prosecute within this
time period will result in dismissal of the case(s) against the prisoner. The law
also allows for that time to toll under necessary and reasonable circumstances, for
instance, if defense counsel or the defendant reset the case for non-trial settings
thus delaying disposition of the case, the prosecutor’s time would toll.
If the prosecutor decides that dismissal is warranted after IAD has been initiated
or the defendant has been returned to Harris County, the prosecutor shall contact
the Extradition Administrator in writing and notify him/her of the reason for that
decision and the Extradition Administrator shall seek approval from the Bond
Forfeiture Division Chief and advise the prosecutor of such approval.
The prisoner should be returned to the facility that he/she was borrowed from.
The Harris County Sheriff’s Office bears this responsibility; however, the
Extradition Administrator will be responsible for following-up with the HCSO to
insure that the prisoner is returned.
(e) International Extraditions or Deportations
If the Extradition Administrator receives information about the whereabouts of a

fugitive and those whereabouts are in another country, he/she will contact the prosecutor
assigned to the case via a memorandum and ask that prosecutor to review the case to
ascertain if international extradition is warranted. The following should be considered
in the decision to extradite a fugitive internationally: (1) The severity of the case. The
international extradition of a fugitive should be reserved for the most serious of
offenses. (2) The Death Penalty. If we are seeking death on a capital murder case and
that fugitive is in Mexico, our office has to be prepared to take the death penalty ―off the
table‖ if we are going to have any chance to extradite the fugitive. (3) The location of a
fugitive. Do we have an extradition treaty with the country whereby we are seeking
extradition? Questions about this can be directed to the Department of Justice at 202-
514-0000. (4) Witness Availability. Our office will need the cooperation of witnesses
in the extradition process; not just in the trial when the fugitive is returned, so it is
important that the witnesses are available during the extradition process.
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Upon receiving an answer from the prosecutor, the Extradition Administrator will
receive final approval to proceed from the First Assistant District Attorney. The First
Assistant District Attorney approves ALL expenditures related to international
extradition. So after initial approval to proceed with the paperwork, the Extradition
Administrator will forward all correspondence and bills related to expenditures to the
First Assistant for signatures. However, once the provisional arrest application is filed
in the foreign country and especially once the fugitive is arrested in that foreign country,
our office has obligated the United States of America to follow-through with the
extradition, so the extradition cannot be withdrawn from this point forward.
If the asylum country rejects our request for extradition, depending on the extradition
treaty with that particular country, they may be able to reserve the right to proceed with
an Article IV Prosecution without our permission. See below for an explanation of that
tool.
Deportations are much less complex than an international extradition. A deportation

occurs when a fugitive enters a foreign country illegally and that fugitive is not a
national in that country. When the fugitive is an American citizen with an open warrant
in Harris County, our office will likely be contacted by a federal authority. If the
Extradition Administrator receives word of a deportation occurring, he/she immediately
notifies the prosecutor in writing to review the case and answer whether we are
interested in prosecuting. Once the prosecutor responds, the Extradition Administrator
will seek approval from the First Assistant District Attorney and will then work directly
with federal authorities to successfully deport the fugitive back to the United States.
Most times, there are minimal to no extradition costs associated with deportations
because of the nature of the function; however, any expenditures should be forwarded to
the First Assistant District Attorney for approval.
(f) Red Notices (INTERPOL)
A Red Notice is a tool that is used to attempt to locate a fugitive whose whereabouts are
unknown. It notifies border patrols, international police agencies, and U. S. Marshals of
possible leads of a fugitive. It can also limit a fugitive’s travels.
If a prosecutor wishes to utilize this tool, they should contact the Extradition
Administrator in writing. The prosecutor should include in the writing the possible
whereabouts of the fugitive and a brief statement of facts of their Harris County case.
The Extradition Administrator will seek final approval from the First Assistant District
Attorney and upon that approval, will file the Red Notice through INTERPOL.
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In some circumstances, the Extradition Administrator may receive information from an
outside source as to possible whereabouts of the fugitive. In this instance, the
Extradition Administrator will send a memorandum to the prosecutor assigned to the
case asking if they intend to prosecute the case if the fugitive is brought back
internationally. Upon receiving an answer from the prosecutor, the Extradition
Administrator will seek final approval from the First Assistant District Attorney before
proceeding with the filing of the Red Notice.
(g) Unlawful Flight to Avoid Prosecution (UFAP)
An UFAP is a federal charge and warrant. Many times, the FBI will assist our office by
filing this federal warrant on our behalf to attempt to locate fugitives especially fugitives
that we believe have fled internationally. The FBI has access to national and
international databases that a local police agency does not, so this tool is helpful in
locating fugitives.
If a prosecutor gets a phone call from the FBI requesting a UFAP, they need to review
the case file and contact the Extradition Administrator in writing requesting the UFAP
and advising the Extradition Administrator who they talked to at the FBI and that
agent’s contact information. The Extradition Administrator will prepare the request.
The First Assistant District Attorney signs off on all UFAP requests. Upon approval of
the UFAP request, the Extradition Administrator will send the request to the FBI
contact.
If the Extradition Administrator gets contacted directly from the FBI, he/she will contact
the prosecutor assigned to the case and ask them to review the case file to ascertain if a
UFAP is warranted and will proceed with the appropriate approval and filing if the
prosecutor requests the UFAP.
(h) Article IV Prosecutions
An Article IV Prosecution is a trial in a court in Mexico for the prosecution and

sentencing of a Mexican National or defendant for a crime committed in the United
States. The defendant is prosecuted in and serves his sentence in Mexico’s jurisdiction.
The Article IV case file offered to Mexico, therefore, should be the prosecutor’s entire
case file – prepared as if the case were actually being tried before a jury in the United
States. The prosecutor must provide enough evidence to obtain a conviction – with all
the necessary documents in the case file. Even though the trial in an Article IV
Prosecution is by documentation and other evidence as opposed to live testimony, many
of the rules of evidence that U.S. prosecutors are familiar with, such as hearsay, apply in
Mexico.
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Unlike an extradition, the DA’s Office is able to submit the request and case file directly
to the Procuraduria General de La Republica (PGR) [equivalent to the US Attorney
General’s Office] instead of going through the Department of Justice in Washington
D.C.
The Extradition Administrator, under the supervision of the First Assistant, will be
responsible for the administration of all Article IV Prosecutions. If a prosecutor wishes
to pursue an Article IV Prosecution, they must submit a request in writing to the First
Assistant and meet in person with the First Assistant about pursuing an Article IV. The
First Assistant and prosecutor shall then meet with the District Attorney and upon
written approval, the case file shall be handed over to the Extradition Administrator who
will then proceed with the paperwork for the Article IV Prosecution.
After completing the affidavits and getting the documentation together, the Extradition
Administrator will submit the package to the prosecutor for review PRIOR TO
executing the affidavits and submitting the package to the PGR. It will be the
responsibility of the prosecutor to carefully review the paperwork for accuracy of facts
and record.
It should be noted that in the event that Mexico rejects an international extradition
request from the U.S., that country reserves the right to proceed with an Article IV
Prosecution on the case whereby the extradition request is rejected. Under our
extradition treaty, they do not have to get permission from the U.S. or from our agency
to proceed with an Article IV Prosecution if we have made a request for extradition and
that request has been rejected by the Mexican courts. In this event, the policy of this
office shall be to leave our warrant open in TCIC/NCIC in case the defendant should
return to the United States. If a prosecutor feels that a dismissal is warranted in this
instance, that prosecutor shall seek written approval from the First Assistant District
Attorney prior to dismissing the case(s). The prosecutor shall then forward that written
approval to the Extradition Administrator so that it may be attached to the Article IV
case file.
(i) Extradition (Texas as the Asylum State).
Extradition proceedings against subjects arrested based upon the existence of a warrant
originating from a state other than Texas are filed by the arresting officer through the
District Clerk’s Criminal Intake Division. Prosecutors within the Harris County District
Attorney’s Office are generally not involved in the initial fugitive extradition filing
process and specific authority from an individual prosecutor is not required.
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Subjects who have had a fugitive extradition proceeding filed against them are
presented to the probable cause magistrate and they are given an opportunity to enter a
waiver of extradition. The waiver is an agreement to be remanded or transferred in
custody to the demanding jurisdiction. By signing the waiver the subject is waiving the
opportunity to contest the demanding state’s request for extradition. Fugitives are
notified that the demanding jurisdiction will have at least 14 days to pick them up from
the date of the entry of the waiver.
Initial appearance in the trial court for fugitives who do not immediately bond out will
be within one or two business days. As of April 2009 all fugitive cases are assigned to
County Criminal Court-At-Law Number 10. Upon appearance in the assigned trial
court the presiding judge will confirm any waivers previously made before the probable
cause magistrate. The trial judge will admonish the fugitive subject generally as to their
rights and options in the fugitive extradition process.
If the subject decides to enter a waiver, a written waiver is filled out, signed by the
subject, and presented to the trial court judge for the judge’s signature. The fugitive
case is then reset on the court’s docket for one day beyond the time period allowed for
the demanding state to take custody of the subject pursuant to the waiver. Traditionally
in Harris County the demanding jurisdiction is given fourteen days to appear and take
custody of an inmate who has waived extradition.
(j) Fugitive Bail (Texas as the Asylum State).
The judge in a fugitive proceeding has discretion to admit the fugitive to bail by bond
unless the charged offense is punishable by death or life imprisonment under the laws of
the state in which it was committed. The assistant district attorney in the General
Litigation Division assigned to supervise the fugitive docket shall be notified of all
requests for release on bond by the interns assisting with the fugitive docket.
Reasonable attempts shall be made to determine the facts necessary and relevant for
determination of the proper bail amount. This will include a summary of the factual
allegations, the general nature and severity of the alleged crime, the defendant’s
criminal history, the procedural history including any bond forfeiture or absconding by
the defendant, the amount of restitution, and the value of any stolen property or
controlled substance alleged.
(k) Governor’s Warrant Process.
Fugitives are immediately arrested and incarcerated upon service of a Governor’s

Warrant from the demanding jurisdiction. The fugitive will be given an opportunity to
waive extradition and alternatively an opportunity to file an application for writ of
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habeas corpus within a reasonable period of time. Two weeks is the practice in Harris
County.
If the fugitive does not enter a waiver of extradition and fails to file an application for
writ of habeas corpus within a reasonable time the judge may remand the fugitive to the
demanding state.
If the fugitive does file an application for writ of habeas corpus an evidentiary hearing
must be conducted. The assistant district attorney assigned to the fugitive docket will
conduct the evidentiary hearing.
(l). Pre-Signed Waivers
Some jurisdictions include a waiver of extradition in conditions of probation or

conditions of release on parole. Upon learning of the existence of such a pre-signed
waiver the staff handling the fugitive docket shall place the fugitive’s case on the docket
as soon as possible and request an immediate remand of the fugitive to the demanding
state pursuant to the pre-signed waiver.
SECTION 2.28. UNADJUDICATED OFFENSES
From time to time requests are made to this office by other Texas prosecuting
authorities asking that we allow a local case to be included as an unadjudicated offense
in the other jurisdiction's prosecution. In such event, the prosecutor handling the Harris
County case shall base his decision on the use of the unadjudicated offense and the
subsequent dismissal (if he elects to allow the other jurisdiction to use the offense) on
the same criteria for the dismissal of cases as provided elsewhere in this manual. The
First Assistant shall always be notified prior to using this procedure.
SECTION 2.29. EXPUNCTION OF CRIMINAL RECORDS
Chapter 55 of the Texas Code of Criminal Procedure deals with the expunction of
criminal records. Since it requires the filing of a civil lawsuit in the District Court, all
such matters are handled by the General Counsel. No Assistant District Attorney, or any
other personnel of this office, may bind or obligate the office in any way as to such
expunction matters. No agreement as to the expunction of a criminal record may
become a part of any plea negotiation or restitution plan, unless specifically approved
by the District Attorney.
SECTION 2.30. USE OF COUNTY VEHICLES
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(a) General Provisions
The County provides motor vehicles to various employees for the purpose of
expediting county business and assuring that these employees can perform their jobs
efficiently. Any use of a Harris County motor vehicle to accomplish such purpose is an
"authorized use" of such equipment.
"Authorized use" includes travel to the work place from the place such vehicle is
stored during non-business hours, as well as travel back to the storage location, and any
additional use approved by the District Attorney.
In addition to the foregoing, any employee assigned a county vehicle is

responsible for complying with the following requirements:
 Storage of vehicle. The vehicle may not be stored more than fifty (50) miles from
the work place without the express prior approval of either the District Attorney
or the First Assistant, or the Chief Investigator with notice to the District
Attorney.
 Use by persons other than the department assignee. The department assignee is
authorized to use the assigned vehicle to accomplish county business. Other
Harris County employees are authorized to use the assigned vehicle to accomplish
county business if they possess the prescribed non-owned motor vehicle liability
policy described below. No other persons are authorized to operate or use Harris
County vehicles assigned to this department.
 Lawful use required. While operating the vehicle, the assigned employee must
adhere to all applicable laws pertaining to the safe operation of motor vehicles in
the State of Texas. Such laws constitute safety rules of major significance for this
department. The District Attorney’s reasonable belief that such laws have been
violated, even if there is no criminal conviction arising from the violation of such
laws, may result in the employee’s loss of vehicle privileges, suspension of the
employee with or without pay in a manner consistent with federal law, or
termination of the employee.
(b) Fuel and Maintenance Procedures
Individuals assigned county vehicles are responsible for maintaining the vehicle
in excellent condition. Maintenance is handled by the Harris County Vehicle
Maintenance Center. Significant repairs (i.e. repairs other than normal maintenance
items) shall first be authorized by the Chief Investigator or his designee.
Drivers must not knowingly operate any vehicle or equipment with safety defects.
Drivers must report all safety defects and maintenance problems to their supervisor or
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directly to Fleet Services. Vehicles with defects that can affect safe operation will be
taken out of service until repairs are made.
A preventive maintenance and safety inspection schedule will be established for

each vehicle. This schedule will be strictly adhered to. Appointments should be made in
advance with Fleet Service’s dispatch office at (713) 755-5360. Whenever safety related
wear or defects are discovered, repairs will be made before the vehicle is allowed to
return to service. Fleet Services will be the final authority in deciding when a safety
defect needs to be repaired.
Fuel is provided by the Harris County Vehicle Maintenance Center for county
business. The employee assigned the vehicle is responsible for the safekeeping of the
fuel card.
(c) Pool Vehicles
Harris County District Attorney pool vehicles are not required to be covered by
insurance. Liability of the County is addressed under the Texas Tort Claims Act. The
County reserves the right to seek contributions from its employees for any acts resulting
in liability to the County. Employees who operate county vehicles must have a valid
Texas Drivers License.
Employees must inform their supervisor if their driver’s license is suspended or

revoked, or if they received a traffic citation while driving a county vehicle. All
citations for violation of traffic laws are the responsibility of the vehicle operator.
(d) Safety and Insurance Requirements
Individuals who are assigned county vehicles must comply with State Safety
Responsibility Laws. Harris County carries no liability or property insurance coverage
on county vehicles. The personal insurance policy of an employee assigned a county
vehicle will not cover the vehicle or the user's liability while driving the vehicle unless
the user obtains an amendment to his personal policy providing extended non-owner's
coverage. Accordingly, users of county vehicles assigned to the Office of District
Attorney are required to provide, at their own expense, non-owner extended liability
coverage. This coverage should include both bodily injury and property damage in
amounts not less than:
 $100,000 for bodily injury or death of one person;

 $300,000 for bodily injury or death of two or more, and;
 $100,000 for property damage.
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(e) Procedures After Accidents, Theft or Damage
The following procedures will be followed by users of county vehicles that are
the subject of an accident, theft or damage:
 Notify the law enforcement agency with jurisdiction.
 Immediately notify Communications, who will notify the Chief Investigator.

Acting under the authority of the District Attorney, the Chief Investigator will
assign an investigator to conduct a departmental investigation, including
photographs. The investigator will notify his supervisory attorney of the
assignment.
 A complete accident report must be made and turned in to the Chief Investigator.
The report must include details of the accident, the photographs, a copy of the
investigating agency’s report, witness statements where available, and the County
Auditor’s Form 118 (supplied by the Operations Director).
(f) Proof of Liability Insurance
County vehicles do not come within the requirement that operators of motor
vehicles provide proof of liability coverage. Each county vehicle shall contain a placard
issued by the District Attorney stating the vehicle and driver are not subject to the law.
This placard is issued by the District Attorney and each user of a departmental vehicle is
responsible for determining that the placard is maintained in the motor vehicle.
Employees who regularly operate a county vehicle should obtain a non-owned

automobile policy that would cover them during times they are operating a county
vehicle outside course and scope. Employees should contact their insurance agency or
company to obtain this coverage.
Employees may also participate in a group policy for this coverage administered
through the Harris County Office of Human Resources & Risk Management if
available. The employee, through payroll deduction, pays the cost of this group
coverage. Contact the Risk Management Division at (713) 755-6606 for information.
(g) Vehicle Use Termination
Employees that terminate the use of a county vehicle by retirement, transfer of

assignments or termination shall turn the county vehicle into the Chief Investigator or in
his absence the First Assistant District Attorney.
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The employee shall turn in with the vehicle the gasoline credit card and any
vehicle parking permit, or parking garage key card.
(h) EZ Tag Use
Use of non-revenue EZ tags that may be affixed to a county vehicle for access to
the tollway system is limited to official county business only. Any employee assigned a
county vehicle with a non-revenue EZ tag attached must review the monthly usage
report for that EZ tag on a monthly basis and promptly reimburse the county for any
non-official use.
SECTION 2.31. INVESTIGATOR EXTRA EMPLOYMENT
All investigators shall comply with the following regulations regarding extra
employment. All extra employment must be approved.
(a) Responsibility
All investigators must recognize that their primary duty and responsibility is to
the Office of the District Attorney. Investigators are subject to duty call at any time for
emergency or special assignments. No extra job employment will be permitted to
infringe on this obligation. Investigators shall not become involved in any labor
controversy of any kind in connection with extra job employment. No investigator may
work an extra employment job where at least 51% of the business comes from the sale
of alcoholic beverages.
(b) Restrictions
No investigator of this office may work an extra job for compensation during the
regular workday hours of 8:00 AM to 5:00 PM, Monday through Friday of any and
every week of the year, or during other hours that have been approved as the regular
work hours of the investigator under an alternative work schedule.
Requests for extra employment jobs may be denied or revoked for any of the
following reasons:
1. Where it appears from the employees' absences, or other evidence, that

extra employment jobs may impair his health or ability to discharge
departmental duties. Investigators may not work more than 24 hours per
week extra employment during a 40 hour work week.
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2. Where extra job employment, or place where it is performed, is such as to
impair the employee's efficiency or capabilities as a member of the staff or
interfere with his response to an emergency call.
3. Where extra job employment would involve sale of intoxicating liquor,

such as a clerk or guard in a liquor store, bartender, bouncer, etc.
4. Where the extra employment job involves the collection of debts,

repossession of property, serving civil process or any type of employment
that may or could become involved in a law suit.
5. Investigators will not perform any type of extra employment work during
departmental duty hours or during special assignments.
6. No Investigator may violate a State or Federal law.
7. No investigator may use departmental equipment unless it is in an

emergency and in the best interest of public safety. The use of said
equipment must be approved by an investigator supervisor.
8. Investigators will not be allowed to enforce any rule or regulations that are
not sanctioned by State or Federal law.
9. Extra job employment is subject to conditions and limitations stated in the

employee's request or imposed by this office.
10. Violations of this policy will be grounds for disciplinary action.
(c) Permit Forms and Their Distribution
Any investigator who desires to engage in extra job employment, at any time, will
submit a "Request for Extra Employment" to their investigator supervisor. The
investigator supervisor will either approve or disapprove the request. If approved, the
supervising investigator will forward the request to the chief investigator for approval.
The chief investigator will maintain all extra employment requests. All extra job
employment must be approved by one of the following: supervising investigator,
Administrative Deputy Chief, the Chief Investigator, First Assistant District Attorney or
the District Attorney. An approved extra job request will be valid for 120 days.
(d) Supervision
The Chief Investigator, or his designee, will be charged with the supervision and
record keeping of all extra employment records.
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SECTION 2.32. LITIGATION AGAINST EMPLOYEES
Any employee of the District Attorney who is sued in his official capacity should
promptly do the following:
1. Note the date of service on the summons so that there will be no ambiguity
as to the due date of the answer.
2. Forward the complaint and summons to the General Counsel.
3. As soon thereafter as possible, deliver to the General Counsel a

memorandum including the details of the incident about which the petition
complains.
The General Counsel will represent the sued employee or arrange for outside
counsel as the nature of the case may require.
No employee shall accept service of process on civil papers, or any subpoenas

(federal or state) for another employee. The officer or designated agent attempting to
serve the instruments should be referred to the person actually named in the instrument.
SECTION 2.33. CRIMINAL HISTORY RECORD INFORMATION

This section governs the use of criminal history record information (CHRI) by
personnel of the office. This information is generally found in criminal history reports
downloaded from TCIC/NCIC, but may also be found in those parts of an offense report
that refer to such information
CHRI comes from two sources: the Texas Department of Public Safety (DPS) and
the Federal Bureau of Investigation (FBI). Each agency has its own statutes and rules
for proper use of CHRI.
(b) Use of CHRI Obtained from TCIC (DPS)
Generally. In Texas, CHRI is defined in the Government Code as ―information
collected about a person by a criminal justice agency that consists of identifiable
descriptions and notations of arrests, detentions, indictments, informations, and other
formal criminal charges and their dispositions.‖ See TEX. GOV’T CODE § 411.082(2).
Texas Government Code Section 411.081, et seq. dictates the circumstances
under which this office can use or disseminate CHRI obtained from DPS. Section
411.084 states that CHRI obtained from the Department of Public Safety is for the
exclusive use of the authorized recipient of the information, and may be disclosed or
used by the recipient only if, and only to the extent that, disclosure or use is authorized
or directed by statute or an order of a court of competent jurisdiction.
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Use for Criminal Justice Purpose. Section 411.089 states that CHRI may be
obtained by a criminal justice agency and released to any other criminal justice agency
―if such release is for a criminal justice purpose.‖
―Criminal justice purpose‖ means an activity that is included in the administration
of criminal justice, or screening of applicants for employment with a criminal justice
agency. See TEX. GOV’T CODE § 411.082(4).
―Administration of criminal justice‖ means the performance of any of the
following activities: detection, apprehension, detention, pretrial release, post-trial
release, prosecution, adjudication, correctional supervision, or rehabilitation of an
offender. The term includes criminal identification activities and the collection, storage,
and dissemination of criminal history record information. See TEX. GOV’T CODE §
411.082(1); TEX. CODE CRIM. PROC. § 60.01(1).
Disclosure to Defendant. The Attorney General has repeatedly held that this
statute does not permit disclosure of CHRI to a defendant or defense attorney
because neither individual is a ―criminal justice agency‖ and there is no other
provision for dissemination of CHRI in criminal litigation. Accordingly, under
Texas law, a defendant or defense attorney must obtain a court order before
obtaining CHRI from this office.
CAVEAT: If the CHRI is Brady information, no order is necessary prior to
disclosure of the information.
All Other Disclosures. Chapter 411.089, et seq. of the Government Code sets
forth more than fifty circumstances in which CHRI may be lawfully accessed. No staff
member may disclose CHRI under one of these exceptions to the general rule of
confidentiality without the express permission of the District Attorney, the First
Assistant, or the General Counsel.
(c) Use of CHRI Obtained from NCIC (FBI)
Generally. The National Crime Information Center (NCIC) is a nationwide

computerized information system established as a service to criminal justice agencies.
It includes a variety of information collected by criminal justice agencies including
criminal history information. As defined at section 20.3 of Title 28 of the Code of
Federal Regulations, ―criminal history information‖ includes ―identifiable descriptions
and notations of arrests, detentions, indictments, informations, of other formal criminal
charges, and any disposition arising therefrom, sentencing, correctional supervision, and
release.‖
The Interstate Identification Index (III) is an automated system to provide for the
interstate exchange of criminal history information. The III is the mechanism by which
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participating jurisdictions share criminal history information through the NCIC.
Information shared with local governments through the III is subject to the
regulations promulgated by the U.S. Department of Justice regarding its use. These
regulations, codified as Title 28, chapter 1, part 20, subparts A and C, of the Code of
Federal Regulations were promulgated "to assure that criminal history information
wherever it appears is collected, stored, and disseminated in a manner to insure the
completeness, integrity, accuracy and security of such information and to protect
individual privacy." 28 C.F.R. § 20.1.
Special care should be taken to comply with federal regulations pertaining to the
dissemination of CHRI obtained from NCIC. See generally TEX. GOV’T CODE §
411.087 (discussing access to FBI data). The FBI's exchange of criminal history
information with any other agency is subject to cancellation ―if dissemination is made
outside the receiving departments or related agencies.‖ 28 U.S.C. § 534(b).
Use for Criminal Justice Purpose. 28 CFR § 20.33(a)(1) generally permits use
of federal CHRI ―to criminal justice agencies for criminal justice purposes, which
purposes include the screening of employees or applicants for employment hired by
criminal justice agencies.‖ As with Texas CHRI, a defendant and defense attorney may
not obtain federal CHRI without a court order unless that CHRI constitutes Brady
information.
All Other Disclosures. No staff member may disclose federal CHRI for any
purpose other than a criminal justice purpose without the express permission of the
District Attorney, the First Assistant, or the General Counsel.
SECTION 2.34. PRIVATE PRACTICE AND EXTRA EMPLOYMENT FOR

ATTORNEYS
The State and County are entitled to the full time, energy, and allegiance of all
Assistant District Attorneys. The purpose of this policy is to ensure that there are no
conflicts of interest and to provide guidelines for all Assistant District Attorneys.
Private practice of law is prohibited. An Assistant may represent a member of his

or her family in an uncontested civil matter. Naturally, no indicia of private law
practice whatsoever are permitted, nor shall any of the facilities or employees of the
District Attorney's Office be used in any manner in representing a family member.
The Legislature has provided that prosecutors may provide pro bono
representation to the indigent if, "providing the services does not interfere with the
prosecutor's official duties or regularly compensated hours of employment." See Section
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41.014, Texas Government Code. Representation of any person under these
legislatively approved circumstances must have the prior approval of the District
Attorney or First Assistant.
No attorney may work an extra job unless a request to do so is submitted in

writing to the First Assistant who will present the request to the District Attorney for
approval or denial. Extra employment for compensation will not be authorized during
the hours of the regular workday, 8:00 AM to 5:00 PM, Monday through Friday of
every week of the year.
SECTION 2.35. PERSONAL USE OF COUNTY FACILITIES

As a general rule, employees may use county property only for official business.
However, in accordance with Harris County Personnel Regulations, employees are
permitted to use electronic media (including telephones, computers, e-mail and the
internet) for incidental or de minimis personal matters. Any long distance telephone
calls must be charged to a non-governmental account. This policy does not authorize
the personal use of commercial electronic databases when there is an extra cost to the
county.
Additionally, use of certain databases such as TCIC, NCIC and other law
enforcement databases, particularly including those providing access to offense reports,
is strictly limited to official law enforcement purposes only.
SECTION 2.36. CORRESPONDENCE AND COMMUNICATIONS
All correspondence addressed to this office shall be answered without delay and
there is no excuse for failing to do so. Good judgment must be exercised in any
communication or correspondence. Any correspondence to or communication with any
person, including anyone in any institution or jail, which could be construed to be
unfairly or unethically critical of a person, or an agency, will be cleared with the District
Attorney or First Assistant.
Any correspondence with the news media from a member of this office in which
the author identifies himself with this office and addresses himself to the criminal
justice system, shall be cleared with the District Attorney or First Assistant prior to its
dissemination. Any violation of these policies shall be grounds for disciplinary action.
SECTION 2.37. COURTESY AND VISITORS TO THE OFFICE
Visitors will be treated courteously at all times regardless of their rationality or

reasonableness of their requests. On each floor visitors shall remain in the reception area
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until they are escorted by a secretary, or other employee, to the proper office.
Unauthorized persons, including solicitors, shall not be permitted in any parts of the
office. If an employee encounters a visitor who becomes threatening or disruptive, the
employee should immediately contact an investigator for assistance.
All employees should be willing to help a visitor or a fellow employee in any

matter requiring assistance. We are not tied to our job descriptions in handling a request
for assistance. In dealing with such a request, your answer should never be, ―That is not
in my job description.‖
SECTION 2.38. MASS ARREST PROCEDURES
During the time of civil disorder involving the arrest of a large number of
persons, these procedures shall be implemented. Personnel of this office involved in the
implementation of these procedures should be aware that the police function is to
preserve the peace and maintain order. It is the function of the prosecutor to advise the
police on matters relating to law, and to accept arrested persons into the criminal justice
system when the evidence justifies an offense being charged. The primary consideration
is to maintain order. It is the purpose of this guideline to assist in accomplishing the
primary goal, while effectively observing the prosecution function for the subsequent
accountability of offenders.
(a) Notification
It is the responsibility of the police agency anticipating the disorder problem to

notify the District Attorney. This shall be done by contacting the Chief of the Intake
Division. The Chief of Intake Division shall immediately notify a member of the
Emergency Law Enforcement Assistance Team, the District Attorney and First
Assistant, and shall also instruct the intake log manager and Chief Felony Prosecutor
working intake, if any, to give priority to the assistant district attorneys on the scene
calling about mass arrest charges. In the event of a riot or threatened riot (as opposed to
demonstration), the Chief of the Intake Division shall notify the District Attorney and
the First Assistant immediately. Members of the team so notified shall take the
appropriate steps to insure the preparedness of this office.
(b) Relationship of Law Enforcement Officers at the Scene
The commanding officer of the patrol division of the responsible law enforcement
agency will be in charge of the scene. One, or more, of those persons on the Emergency
Law Enforcement Assistance Team shall proceed to the scene. The assigned team
member(s) shall be available at all times to advise and consult with the police agency on
the scene. Uniform officers will be provided by the Deputy Chief of the patrol bureau in
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the area of town involved. These officers will be involved in arrests, security, and
prisoner transportation. Traffic control in the area of the scene will be provided by the
Deputy Chief of the Traffic Bureau of the responsible law enforcement agency.
(c) Arrest Procedure
The decision to arrest an individual is generally made by the officer making the
arrest from circumstances seen by the officer.
SECTION 2.39. PROCEDURES FOR PSYCHIATRIC EXAMINATIONS
The Harris County Psychiatric Unit is staffed by psychiatrists and psychologists

whose duties include conducting examinations of individuals who are accused of a
criminal offense and suspected of being incompetent to stand trial or insane at the time
of the commission of the offense.
If, for any reason, the prosecutor handling a case has some question as to the
competency or sanity of a defendant or anticipates that insanity will be the defense, he
should file a motion for a psychiatric examination with the Court at the earliest possible
time. After the Court orders the examination, the prosecutor should deliver a copy of the
offense report and any other pertinent information to the Harris County Psychiatric Unit
box located in the District Clerk’s Office on the third floor of the Criminal Justice
Center. In those rare instances when the prosecutor feels that he should not release the
offense report to the doctor, he should personally contact the doctor and give him the
information that is available.
When a defendant who has been ordered to undergo a psychiatric evaluation is on

bond, the prosecutor should contact the defendant’s attorney and make arrangements for
the defense attorney to contact the Harris County Psychiatric Unit and arrange the
examination. If this agreement cannot be reached, the prosecutor should request the
court to order the defendant into custody for a period of not more than twenty-one (2l)
days for the examination.
1. Special Cases
In cases where the defendant files Notice of Intent to Raise Insanity as a Defense
pursuant to Art. 46C.051, CCP and additional psychiatric examinations may be
necessary, the matter should be brought to the attention of the District Attorney or the
First Assistant, who will authorize the necessary expense.
2. Return From State Hospitals
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When the final report from a State Hospital is received by the Court stating that a
defendant should be returned to Court, the prosecutor must immediately see that a
Bench Warrant is issued for the defendant, and see that the case is set on the docket
within fifteen (l5) days from the date of the final report. When the final report says that
the defendant is still incompetent, the Bench Warrant should specify that the defendant
be delivered to the Harris County Psychiatric Unit.
3. Subpoenas For Members of Harris County Psychiatric Unit
The prosecutor should contact the doctor(s) who is/are employed with the Harris
County Psychiatric Unit, in preparation for a competency hearing or trial. Most of the
doctors are not full time Harris County employees and should be treated as other
professional witnesses. The prosecutor should try to accommodate their schedules by
keeping them apprised of the timetable for their testimony and by placing them on call
when possible.
SECTION 2.40. HOMICIDES AND SERIOUS INJURIES TO LAW

When any law enforcement officer engaged in the performance of his official
duties is injured with a deadly weapon, seriously injured, or killed by the voluntary act
of any citizen, the following procedures shall apply:
1. When an incident involving the above situation comes to the attention of

any assistant district attorney or investigator, he/she shall report same in
writing to the Intake Bureau Chief who will note such incident and its
identifying data on the confidential morning report.
2. The assistant district attorney or investigator receiving the report of the

incident shall immediately notify the Trial Bureau Division Chief on-call at
that particular time, who shall assume responsibility for disposition of the
particular incident. The decision to go to the scene shall be made by the
Trial Bureau Division Chief after discussing the matter with Intake and the
notifying agency.
3. The Trial Bureau Division Chief shall not interfere with or interrupt the
scene investigation being conducted by the investigating agency. However,
suggestions with regard to witnesses, evidence gathering, etc. may be made
to the senior investigator of the Police Agency conducting such
investigation at the scene where required or requested.
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4. The Trial Bureau Division Chief shall begin investigation of the incident
immediately upon receipt of notice of an incident. When a law enforcement
officer is injured with a deadly weapon, seriously injured, or killed while in
the course of his/her official duties, the Trial Bureau Division Chief shall
assume full responsibility for any investigation deemed necessary in
addition to that conducted by the investigating agency, including
presentation of the case to a grand jury, and trial of the case in the event of
an indictment.
5. The Trial Bureau Division Chief shall prepare a written report for the Trial
Bureau Chief and keep the Trial Bureau Chief informed of the progress of
the case.
6. The Trial Bureau Division Chief shall conclude the investigation, including
grand jury presentation, if any, within thirty (30) days and shall proceed to
trial as soon as possible.
7. No disposition of any incident involving the killing of any law enforcement

officer shall be made without approval of the District Attorney or the First
Assistant. The Trial Bureau Division Chief shall inform the Trial Bureau
Chief of the disposition of the case.
SECTION 2.41. PEN PACKETS

A penitentiary packet (or ―pen packet‖) is a record of a prior conviction
containing a copy of the judgment and sentence in the case, the prisoner's fingerprints
and photograph taken upon admission to the prison, and a physical description of the
inmate.
A pen packet is admissible to show a defendant's prior criminal record provided
that it is properly authenticated as set forth in Texas Rule of Evidence 902.
Certification by the record clerk of the Texas Department of Criminal Justice,
Institutional Division (TDCJID) constitutes proper authentication of the copies of the
judgment and sentence found in a pen packet. See Reed v. State, 811 S.W.2d 582, 586
(Tex. Crim. App. 1991).
Prior to admission of the pen packet into evidence, it may become necessary to
excise prejudicial or inadmissible matters from within the pen packet. Caution must be
exercised so as not to offend Section 37.09(a)(2) of the Penal Code. This section does
not exempt the prosecutor, the judge or the lawyer for the accused from a possible
violation of this provision simply because the event occurred in open court.
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If our action causes the presentation of a certification that we know is no longer
literally and technically valid, the suggestion could be made that a violation of this
section has occurred. Obviously, the appearance of impropriety should be avoided.
Accordingly, any alterations required in a certified document should be handled in the
following manner:
Copy the original document and mark the copy separately.
Excise the offending matter from the copy. Never add anything to the copy.
Offer the original out of the presence of the jury and for the record only.
Offer the copy (the one that has been altered in open court by agreement)
before the jury.
2.42. REQUESTS FOR INFORMATION
For purposes of this section, a request for information is defined as an oral or

written communication from a party not associated with the District Attorney's Office
seeking information from prosecution files.
This section does not address discovery requests made by counsel for criminal
defendants on their pending cases. Such requests for information are within the
considered discretion of the prosecutor to whom the request is made and in accordance
with office policy on disclosure.
Any written request for information shall be referred to the General Counsel as
soon as received. Prompt referral is required because this office has ten days to respond
to the written request under the Texas Public Information Act. See Tex.Gov't Code
Sections 552.301 and 552.302. Otherwise, the office's right to assert privileges and
exemptions from the effect of the Act is significantly curtailed. Written requests shall
nevertheless be forwarded to the General Counsel even in those circumstances where
more than ten days have expired. An intentional, knowing, or criminally negligent
failure to respond to a Public Information Act request can be a criminal offense. See
Tex. Gov't Code Section 552.353.
Staff members shall refer any person making an oral request for information to
the General Counsel as well. This includes requests for driving records, TCIC/NCIC
information, phone numbers and addresses of witnesses, and recitations of what the
offense reports reflect. Although providing a limited amount of information to a third
party may seem harmless, such disclosure may result in, among other things (1) waiver
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of our work product privileges; (2) exposure to defamation claims and other civil
claims; and (3) violation of confidences created by statute and common law.
Texas Code of Criminal Procedure Art. 56.02 provides the information that a
victim is entitled to during the pendency of a criminal prosecution. This information
includes prospective court dates, the general procedures of the criminal justice system,
and the dates of prospective parole hearings. Further information related to the victim's
rights during the pendency of the criminal prosecution can be obtained from the director
of the Victims Rights Division.
Requests by victims for documents, evidence, or other contents of the

prosecutor's file should be referred to the General Counsel. Requests for information
from the media on pending cases is discussed in Section 2.12 of the Operation Manual.
Requests for information from the media on closed cases should be referred to the
General Counsel.
Requests for information from persons currently incarcerated in a correctional

facility, i.e. TDCJ, Harris County Jail, or a community corrections facility operated by
the probation department, should be referred to the General Counsel. Such requests may
be summarily refused. See Tex. Gov't Code Section 552.027.
SECTION 2.43. COMPUTER PROTOCOL
Computer hardware and software is provided to staff members to carry out the
duties of the office and should be used accordingly. Incidental and de minimis personal
use of the computers that does not interfere with performance of an employee’s duties is
permitted, but any use of county computers for commercial purposes is strictly
prohibited.
Use of personal codes, passwords, or encrypting of files, is permitted to facilitate

confidentiality of sensitive matters; however, no staff member may use such security
methods without first registering the password or code with the Director, Information
Systems Technology Division. No data shall be kept, stored or retained in the computer
system which is incapable of being accessed by the system manager or the District
Attorney.
The District Attorney reserves the right to monitor use of the office computer
system and to inspect any information contained therein, with or without notice.
Staff members should generate electronic mail messages with professionalism

and good taste, and all electronic mail messages should conform to the requirements set
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out in the Harris County personnel regulations. Recipients of unprofessional or
inappropriate communications via electronic mail should report such messages to their
bureau chief immediately, and inform the sender that the content of the message is
inappropriate and unwelcome.
The installation and use of software not provided by the Information Systems
Technology Division may present a threat to the entire system. Accordingly, staff
members must not install any software on the computer system except as hereafter
stated. All software on the District Attorney’s computer system must be installed by
one of the employees of the Information Systems Technology Division after being
approved by the Director, the Technology Manager, or the Software Systems Manager
of the office.
Use of personal software on the system is discouraged; however a staff member

might find that software they have used personally could benefit the entire office. In
which case, that person needs to direct his request for the software to the Director of
Information Systems Technology who will determine its viability within the office and
obtain the appropriate purchase authorization.
No staff member may violate any copyright or contractual agreement of any

vendor by the installation or use of software on the system
Any email sent office-wide that addresses a matter of policy for this office should
be first reviewed by the appropriate Bureau Chief, and then approved by either the First
Assistant or District Attorney. This policy does not affect emails seeking the location of
a file or other non-policy matters.
2.44. ON-PREMISE CONSUMPTION OF ALCOHOL PROHIBITED
Consumption of alcoholic beverages in any premises assigned to this office is

prohibited. A violation of this provision is grounds for disciplinary action.
2.45. OFF –PREMISE OFFICE-SPONSORED FUNCTIONS
When attending an off-premises office-sponsored function, such as a training

seminar sponsored by the Texas District and County Attorney’s Association, your
conduct always reflects upon this office. All employees are expected to conduct
themselves in a manner that promotes a positive outlook upon this office. A violation of
this provision is grounds for disciplinary action.
2.46. GIFTS, AWARDS, BENEFITS
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(a) Gifts, Awards, Benefits
The District Attorney's staff is discouraged from soliciting or accepting any

benefit from any person. "Benefit" means any service or property, regardless of how
seemingly insignificant, that has any discernible pecuniary value. The purpose of this
policy is to foster confidence in the integrity of the individuals who have such broad
discretionary powers in the administration of criminal justice, and to prevent the
appearance of impropriety.
All members of the staff shall be familiar with the provisions of Chapter 36 of the
Texas Penal Code and the absolute restrictions on gifts and other benefits that provide
criminal penalties.
Office policy with respect to gifts, awards and benefits is more restrictive than
Penal Code provisions, and although such violations may not be criminal, they may
result in disciplinary action, including termination.
1. Employees shall not solicit or accept any benefit because of their

official acts or duties.
2. Employees shall not solicit or accept any benefit from a complainant,

witness, or accused person or their agent or representative.
3. Employees shall not solicit or accept any benefit from opposing

counsel.
4. Employees shall not solicit or accept any benefit for the District
Attorney's office, or for Harris County, Texas, unless specifically
authorized by the District Attorney and Commissioners Court.
Any employee of the District Attorney who has reason to believe that they are
being solicited to receive or accept any benefit shall immediately report such solicitation
to the District Attorney or the First Assistant District Attorney, in the absence of the
District Attorney.
Examples of Prohibited Benefits:
1. Flowers, perishables such as food or drink, from a complainant's

family.
2. Use of a beach house, deer lease, ski lodge, etc. from a witness, party
or counsel.
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3. Any discounted service, such as car repairs, personal services, etc.
from a witness, party or counsel.
4. Food or beverages from opposing counsel during the course of a

trial.
5. Soliciting gifts or donations for employee sponsored events.
Examples of Acceptable Benefits:
1. Certificates, plaques, hats, pins, paperweights, etc. for public service

or speaking engagements, provided that the value of the benefit does
not exceed fifty dollars.
2. Food, entertainment, lodging or other benefit based on a personal

relationship that is clearly independent of the employee's status as a
member of the District Attorney's staff.
3. Reimbursement for actual expenses resulting from approved

speaking engagements on behalf of the office.
The above list is not to be considered exhaustive or exclusive, and there are other
circumstances too varied to articulate here that may be acceptable or prohibited. When
an employee has a question about whether or not a particular circumstance is a "benefit"
or whether or not such benefit falls under some legitimate exclusion from the policy,
they shall consult with their Division Chief. When a question arises, keep in mind that
the purpose of the policy is to prevent the appearance of impropriety. Chapter 36 is
sufficiently inclusive to prevent actual impropriety.
(b) Benefits for Educational Services
The staff is encouraged to provide educational services to the community,

whether by speech or written materials. A staff member who is offered a benefit for the
rendition of these educational services, however, must be cognizant of the limitations of
Section 36.07 of the Penal Code, Acceptance of Honorarium.
2.47. EMPLOYEE BENEFITS
Please refer to the Harris County Personnel Regulations for explanation of most
county benefits.
a. Worker's Compensation
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In the event of an accident, illness or injury in the course and scope of
employment, Harris County provides coverage for Workers' Compensation Benefits.
The Benefits provided shall be in accordance with the prevailing Workers'
Compensation Statute of the State of Texas.
In order to be eligible for Worker's Compensation benefits, an employee must

report an on-the-job accident, illness, or injury to the Operations Director and the
employee’s supervisor. An injured employee shall report an on-the-job accident, illness,
or injury as soon as possible after the occurrence. Failure to timely report an on-the-job
accident, illness, or injury may result in loss of or denial of Workers' Compensation
benefits.
If the employee receives worker's compensation lost time payments for any day
represented by termination benefits, the termination benefits, if any, will be considered
to be supplemental sick pay as defined in the portions of the Regulations pertaining to
workers' compensation, and shall be handled accordingly.
Questions regarding Workers' Compensation Benefits shall be directed to the

Operations Director and Risk Management.
b. Vacations
Regular Employees will be allowed absence for vacation at the employee's

regular rate of pay and according to the employee's regular schedule.
All vacations must be pre-approved by a supervisor and the appropriate Division

Chief. The employee, the supervisor, and the Division Chief shall be responsible for
scheduling vacation so that additional employees will not be needed. Subject to the
needs and the discretion of the District Attorney, a vacation may be extended by
absence chargeable to compensatory time previously accumulated.
Allowances for vacation are cumulative during the calendar year. There shall be
no payment in lieu of vacation except as part of severance pay benefits allowed a
discharged employee under the Termination of Employment provisions.
c. Military Leave
Employees who enter active military service shall be entitled to receive the
employment and re-employment benefits granted by applicable federal and state laws.
2.48. ELECTRONIC RECORDING

(1) Non-custodial situations
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In the absence of consent of one party to a conversation or the issuance of a
warrant under article 18.20 of the Code of Criminal Procedure, the recording of a
conversation of a person who is not in custody is forbidden.
A prosecutor or investigator may record a telephone conversation or an interview

with a witness or a target of an investigation, without notice to the witness or target, as
long as the prosecutor or investigator is a participant in the recorded conversation and
there is a legitimate law enforcement or prosecutorial need for the recording.
An interview with a witness or target who is accompanied by an attorney may be

recorded with the attorney’s consent. However, an interview with an individual who is
accompanied by an attorney may be surreptitiously recorded, without notice to the
attorney, only with the District Attorney’s or First Assistant’s approval.
Also, if a witness or target is not accompanied by an attorney, any surreptitious

recording must cease whenever the individual is left alone, in order to avoid recording
any telephone communications between the individual and his attorney (unless the
District Attorney or First Assistant has approved such recordings).
(2) Custodial situations

Texas law provides that a person in custody generally does not have a reasonable
expectation of privacy in his communications with others in the offices of a law
enforcement agency. Therefore, the conversations of a person in custody may be
surreptitiously monitored and recorded on the premises of the District Attorney’s office
under the following conditions: (1) no private conversation between a person in custody
and an attorney may be monitored or recorded without the express approval of the
District Attorney; (2) recordings of a person in custody must be continuously monitored,
and the monitoring and recording must immediately be discontinued if the individual
contacts an attorney, unless the District Attorney has approved the recording of
communications with an attorney.
(3) Wiretaps, pen registers and trap-and trace devices

Applications for warrants for the interception of oral, wire or electronic
communications and applications for orders permitting installation of pen registers and
trap-and-trace devices must be approved by the District Attorney.
2.49. DISASTER PREPAREDNESS PLAN
PERSONNEL FOR 12 HOUR SHIFTS

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District Attorney
First Assistant
1a. Trial Bureau Chief 1b. Governmental Affairs Bureau Chief
Intake Division Chief
(1) Intake staff to file charges (1) Intake staff to file charges
(2 Felony Chiefs) (2 Felony Chiefs)
2 Felony #2 2 Felony #2
(2) Staff to handle PC (2) Staff to handle PC

1 Felony Chief 1 Felony Chief
1 Felony #2 1 Felony #2
(3) 2 Investigators to assist above (3) 2 Investigators to assist above
(4) 4 Admin staff to assist above (4) 4 Admin staff to assist above
(5) 1 from IST staff to assist above (5) 1 from IST staff to assist above
Personnel who have agreed to be on the first response team call-up roster:
Jim Leitner cell

First Assistant
Intake qualified
Steve Morris cell

Bureau Chief
John Barnhill cell

General Counsel
Maria McAnulty blackberry

Bureau Chief cell
Intake qualified
Roger Bridgwater cell

Bureau Chief
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Lynne Parsons blackberry
Intake Chief cell
Intake qualified
Joni Vollman blackberry

cell
Division Chiefs:
Scott Durfee blackberry

cell
Karen Morris blackberry

cell
Roe Wilson blackberry

cell
Steve Baldassano cell

Intake qualified
Clint Greenwood cell

Intake qualified
Don Smyth blackberry

Intake qualified cell
Kate Dolan blackberry

Intake qualified cell
Felony Chiefs:
Colleen Barnett blackberry

Intake qualified
Darin Darby blackberry

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Intake qualified
Eric Devlin blackberry PIN

Intake qualified
Craig Feazel cell

Intake qualified
Denise Nichols cell

Speaks Spanish
Intake qualified
Connie Spence cell

Intake qualified
Donna Hawkins blackberry

Media cell
Intake qualified
Perry Jo McCollum cell

Juvenile Division
Felony #2:
Wes Rucker cell

Reads Spanish 2nd cell
Speaks Spanish
Intake qualified
Josh Hill cell

Intake qualified
Robyn Spalding cell

Intake qualified
Michael Butera cell

Intake qualified
Brad Loper cell

Intake qualified
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Gretchen Flader cell
Intake qualified
Justin Keiter cell

Speaks Spanish
Intake qualified
Jon Stephenson blackberry

Intake qualified
Jessica McDonald cell
Investigators:
Bill Jordan blackberry
Gary Johnson blackberry

Intake qualified
John Lemerond blackberry

Intake qualified
Kirk Bonsal blackberry
Linda Robinson blackberry

Intake qualified
Don Cohn blackberry

Intake qualified
John McGuire blackberry
Admin Asst:
Maria Hamilton cell

Speaks Spanish 2nd cell
Belkis Gonzalez cell

Speaks Spanish
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Michelle Permenter cell
Elsa Gonzales cell

Speaks Spanish
Intake qualified
Alma Martinez cell

Intake qualified
Jessica Sanchez cell

Intake qualified
Rebecca Zepeda cell

Intake qualified
Lisa Jasinski cell

Intake qualified
Patricia Villanueva cell

Intake qualified
2.50. TEACHING AS A SECOND JOB
The Harris County District Attorney’s Office supports and encourages our employees to
speak and teach at seminars, conferences, law enforcement academies (Sheriff’s
Department, Houston Police Department, Baytown Police Department and Pasadena
Police Department) and other training programs that are related to our criminal justice
mission. In keeping with our policy of supporting educational programs in the criminal
justice field, the following guidelines will apply, subject to approval as described below:
1. In-state programs: our services will be provided without charge for the
participant’s time; we will seek only expense reimbursement (travel, hotel, meals,
etc.). The employee’s time in preparation for and participation in in-state
programs may be counted as work time.
2. Out-of-state programs:
(a) the participant may charge for services, provided that the time in preparation
for and participation in the program is reported as vacation or compensatory
time on the employee’s timesheet;
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(b) if the participant does not charge for services or receive any monetary gratuity
other than expense reimbursement, the employee’s time in participation in the
out-of-state program may be counted as work time.
A request to teach or participate in a seminar, conference, law enforcement academy or

other training program must be submitted in writing through the employee’s
supervisor(s) to the Chief of the Professional Development, Community Protection and
Ethics Bureau at least forty-five days prior to the date of the program. The request
should state as a minimum the sponsor and title of the event, dates, location, topic to be
addressed by the employee, the time(s) and length of presentation(s) by the employee
and include either a summary of the program or have attached a schedule of events.
You should include details of estimated costs not covered by the event sponsor. The
form that follows should be used to request approval.
Upon approval, the employee may participate.
This policy does not apply to positions such as an Adjunct Professor teaching courses at
a college or university, nor to any of the police academies at Houston Community
College, North Harris Montgomery Community College or University of Houston –
Downtown, where the teaching is done outside of the employee’s regular work hours
with this office.
ANY EXCEPTION TO THIS POLICY MUST BE APPROVED BY THE FIRST

ASSISTANT.
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REQUEST FOR APPROVAL TO SPEAK OR TEACH
AT A SEMINAR, CONFERENCE, ACADEMY OR
OTHER PROGRAM
Last Name First Name Date
Name of Program
Sponsor Location
Date Time (if known) Length of Presentation Amount of Comp Time Requested
for Program, if any
Topics
Expenses not paid by Sponsor
Travel ________ Hotel ________ Meals ________ Other ___________________________________

Other details
Compensation by Sponsor No Compensation ___________________________________

Signature of Applicant
Division Chief Approved Not Approved
Division Chief Signature ____________________________________________ Date _____________

Bureau Chief Approved Not Approved
Bureau Chief Signature _____________________________________________ Date _____________

Chief, Professional Development, Community Approved Not Approved
Protection & Ethics Bureau
Chief Signature ___________________________________________________ Date _____________

Program Brochure or other description should be attached.
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2.51. OUTSIDE EMPLOYMENT IN THE EMPLOYEE’S OFF-DUTY HOURS
This policy applies to all employees other than investigators. Investigators should refer
to Section 2.31 of the Operations Manual for the office policy regarding their outside
employment.
All employees should recognize that their primary work duty and responsibility is to the
Office of the District Attorney. No outside employment should be permitted to infringe
on this obligation.
Any request to begin outside employment should be submitted on the form that follows
(Request for Approval of Outside Employment). It should be submitted through the
employee’s supervisors to the First Assistant. Upon approval, the employee may begin
the job. Whenever the employment terminates, the employee should provide notice
through his/her supervisors to the First Assistant. Any employee currently holding
outside employment should provide notice to the administration by submitting the same
form.
A request for approval of outside employment may be denied or revoked when it

appears from the employee’s absences or other evidence that the outside employment
may impair the employee’s health or his or her ability to perform their duties with this
office.
No employee is permitted to work at outside employment during the office’s regular

work hours of 8:00 AM to 5:00 PM, Monday through Friday of each week, or during
other hours that have been designated as the regular work hours of the employee under
an alternative work schedule.
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REQUEST FOR APPROVAL OF
OUTSIDE EMPLOYMENT
Location of Employment Phone No.
Name of Organization/Employer Phone No.
Name of Supervisor Phone No. of Supervisor
Dates and Hours To Be Worked
Describe Duties To Be Performed
Signature
Supervisor Recommendation:
Division Chief Approved / Disapproved Date
Bureau Chief Approved / Disapproved Date
First Assistant Approved / Disapproved Date
Investigators must comply with Section 2.47 of the Operations Manual.
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2.52. POLICY REGARDING AN ASSISTANT DISTRICT ATTORNEY
RECEIVING TCLEOSE CERTIFICATION PAY
An Assistant District Attorney who is certified by the Texas Commission on Law

Enforcement Officer Standards and Education (TCLEOSE) as a law enforcement officer
may be eligible for TCLEOSE certification pay. To be eligible for such pay, the ADA
must be assigned to a position that benefits, or have duties that benefit, substantially
from the qualifications of a certified law enforcement officer, AND, be approved by the
District Attorney or First Assistant. To receive this specialty pay, the ADA must apply
in writing to the First Assistant and describe the extraordinary circumstances of the
ADA’s position or duties that would justify the specialty pay. Upon approval, the First
Assistant will notify the Human Resource Section to process the pay adjustment. The
amount of the specialty pay is the amount approved by Commissioners Court for the
particular certification.
2.53. SCHEDULED ABSENCES
Any employee desiring to schedule an absence from duty, including for vacation,
floating holiday, scheduled sick leave (such as for doctor appointments), family illness,
jury or witness duty or use of compensatory time, shall submit the request using the
form that follows. The request should be submitted to the employee’s supervisor with
approval authority as soon as possible preceding the requested dates to be absent.
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SCHEDULED ABSENCE REQUEST
Name
Division
Date of Request
Date(s) of Absence
Hours of Absence (if less than 8) ________ Hours

From: _______________ To: _______________
Reason for Requested Absence(example vacation, etc., see below)
Please Indicate Number of Hours

________ Vacation
________ Floating Holiday
________ Sick Leave
________ Family Illness
________ Jury/Witness Duty
________ Comp. Time
________ Other (Please explain)
Requestor’s Signature
Supervisor Approved Not Approved
Supervisor Signature ______________________________________________ Date

______________
Submit original to your Supervisor with approval authority. Upon approval, give a copy to your Division Secretary
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2.54. RETAINING DOCUMENTS AS CONFIDENTIAL
The Harris County District Clerk’s Office has set up its web site, so that documents
and other records filed in the various district courts will be available online for public
viewing. It may be that, although you may intend these filed documents and other
records NOT be made available for public consumption, the Clerk’s Office may
nevertheless place these documents and records online for public viewing. Therefore,
you may wish to file a motion to have certain documents or records sealed, so that they
will not be made available for public viewing.
The information you might consider would include:
1. The names and ages of children who were victims of sexual assaults (such as
when probable cause statements include that information)
2. The names of sexual assault victims
3. Contracts with informants that we may file relative to deals we make in exchange
for testimony against a defendant
4. Medical records with sensitive information
5. Magistrate’s Orders for Emergency Protection (MOEPS).
6. Phone records
7. Detailed criminal history of criminal defendants and witnesses
8. Offers for a particular sentence in exchange for a plea of guilty on reset forms
Furthermore, from time to time, documents or records filed by a criminal defendant

and/or his attorney will become available online. It is possible that some of those
documents or records will be properly intended only for the court, and not for the Harris
County District Attorney’s Office or any of its staff. For example, the law permits
defense counsel to file an ex parte motion with a trial court in order to obtain the
assistance of an expert. See Ake v. Oklahoma, 470 U.S. 68, 82-83 (1985); Williams v.
State, 958 S.W.2d 186 (Tex. Crim. App. 1997); TEX. CODE CRIM. PROC. ANN. art.
26.052(f) (Vernon 2009). If the Harris County District Clerk’s Office has chosen to
make available online various defense documents or records to which this Office should
not have access, you should not take it upon yourselves to view or attempt to view these
documents. You should also not encourage another member of the public to gain access
to these otherwise confidential defense documents or records that are not intended for
public consumption.
2.55. INTERVIEWING A WITNESS WHO IS REPRESENTED
When interviewing a witness who is a defendant in a criminal case and the

witness is represented by counsel on that criminal case, the prosecutor should contact
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the witness’s attorney to seek permission to talk with the witness. This rule applies
whether or not the case the prosecutor is investigating is the same case in which the
witness is a defendant.
2.56 HIRING OF RELATIVES -- ANTI-NEPOTISM POLICY
It is the policy of this office to not hire relatives of a current employee of the
office if the individual is related to the employee within the third degree by
consanguinity or within the second degree by affinity, as determined in accordance with
the provisions of Chapter 573, Texas Government Code.
This policy does not prohibit the continued employment of employees who are
related within the prohibited degree, or who may become related through marriage.
2.57 ATTENTION TO DETAIL IN CASE NAMES AND CAUSE NUMBERS
We handle thousands of cases each year, and in each and every one of these cases
it is of upmost importance that we write case names and cause numbers on files and
court document correctly and legibly. Failure to do so could result in an unintended
action in a case. Each individual who handles case files is responsible to ensure that
correct names and cause numbers are written on files and documents. Prosecutors are
ultimately responsible to ensure accuracy. When in doubt, check the court’s docket
sheet, JIMS or with the Court Clerk.
2.58 REPORTING DISCRIMINATION IN THE WORKPLACE
The District Attorney has an open door policy with respect to complaints of
discrimination in the work place. This means that there is no required chain of
command in regard to a discrimination complaint.
Employees may communicate concerns regarding discrimination with their

immediate supervisor or any other person serving in a supervisory position. They
may also report their concerns regarding discrimination to the Director of Harris
County Human Resources & Risk Management. See Section 19.04, Harris County
Personnel Regulations.
All supervisors who receive a concern of discrimination must immediately

report this information to the General Counsel and the First Assistant.
2.59 RIGHT TO DEBRIEFING ON DECISION NOT TO PROMOTE
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When a staff member is not selected for an available promotion, the staff member
may request a debriefing as to the reasons why he or she did not receive the promotion.
This request should be directed through the employee’s Bureau Chief to the First
Assistant. Upon receipt of the request for a debriefing, the First Assistant will assign a
member of the Executive Leadership Team to meet with the staff member.
At this meeting, the member of the Executive Leadership Team will set out the
objective reasons, such as date of hire, level, seniority, number of trials, and other
criteria for evaluating why the staff member was not selected. During the meeting, the
member of the Executive Leadership Team and the staff member will develop an action
plan as to what steps the staff member may take to make the staff member more
qualified for promotion.
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INTRODUCTION
The Public Services and Infrastructure Bureau is composed of the Intake

Division, the Public Information Office, the Information Systems Technology Division,
Human Resource and Budget Division, Victims Rights Division and Check Fraud
Division. The responsibilities of this Bureau include: 1). the processing of charges up
through the information stage; 2). the handling of responses to inquiries from the
community regarding charges and matters concerning this office; 3). the creation and
maintenance of the information systems technology for our office as it relates to the
processing of charges and the systems of communication within our office; and, 4). the
handling of budgetary matters, human resource issues and the storage of records within
our office.
INTAKE DIVISION
SECTION 3.l. INTRODUCTION
This Division has the basic responsibility of processing cases up through the
information stage. The Division is made up of several sections to accomplish this task:
The Communications Section, Police Intake Section, Community Service Section and
the DWI Tape/DVD/CD Evidence Section.
SECTION 3.2. INTAKE DIVISION
(a) The purpose of this division is to have experienced prosecutors on duty around
the clock to accept criminal charges and to give legal assistance to law
enforcement officers in issuing arrest warrants, search warrants, and other matter
involving criminal law or procedure. The Intake Division was established to
comply with Texas law that states that only a Magistrate or an Assistant District
Attorney can accept a criminal complaint. It is also the purpose of the Intake
Division to insure that each criminal charge be supported by sufficient evidence.
The Intake Division is supervised by the Chief of Intake. All persons assigned to
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Intake, whether they work during the day or at night, shall work under the
supervision of the Intake Division Chief and the Intake Chief.
(b) General policies for off-hours Intake personnel
The working of Intake is a benefit, and not a right of regular employment.
All Attorneys, Investigators and Secretaries who agree to work extra Intake shifts
are expected to work all shifts of their shift assignments unless traded for with another
eligible employee.
(1) When an emergency or conflict arises preventing someone from

working his or her assigned Intake shift, that person is responsible for
securing a replacement. If someone becomes ill during his or her shift,
that person may secure another employee of the same Intake level to
replace him or her at the Intake assignment.
(2) Any person who repeatedly arrives late, fails to arrive at all, or cannot
perform their Intake duties competently, are subject to being removed
from the Intake list by the District Attorney or First Assistant.
(3) Any person who fails to arrive at all for an assigned Intake without
securing a replacement will be subject to discipline.
(4) Any person who is ill in the 24-hour period before the beginning of an
assigned Intake shift is precluded from working that assigned shift and
is responsible for securing a replacement, unless this individual is
physically able to work that assigned shift and permission to work the
shift is granted by the Bureau Chief of the Public Service and
Infrastructure Bureau.
(5) The use of ill time in the 24-hour period after an Intake shift should of
course only be used in the event of a genuine illness. The District
Attorney may require proof of the illness and a doctor’s permission to
return back to work.
(6) The District Attorney or First Assistant may temporarily or permanently

remove a person from the Intake list if the Division Chief of the Intake
Division determines either:
(a) The stress of working Intake caused that person to become ill
during regular working hours; or
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(b) That person has used ill time in bad faith before or after working
an Intake shift.
(7) No Attorney or Investigator will be paid for more than one Intake shift
in any 32 hour period, unless prior approval is obtained from the Public
Service and Infrastructure Bureau Chief or the Intake Division Chief.
(8) No employee will be paid for more than 4 Intake shifts in any one pay
period.
(9) No employee may take compensatory time or vacation anytime the day
following working an intake shift.
(10) Any variance in the above must be approved by either the Intake
Division Chief or the First Assistant prior to performing any Intake
shift.
SECTION 3.3. JOB DESCRIPTIONS FOR INTAKE DIVISION
(a) Intake Division Chief
This individual is a Division Chief level prosecutor and is responsible for

supervising the Chief of Intake for each shift and the overall supervision of all staff of
the division, including the Communications Unit, Community Service, and DWI Video
Evidence Custodians. This includes reviewing all declined cases and working with the
courts and all police agencies on any problems encountered. All scheduling of Intake
personnel is done under the supervision of this individual. This person reports to the
Public Services and Infrastructure Bureau Chief.
(b) Division Chief Secretary
This person performs secretarial duties for the Intake Division Chief, assists the
Intake and Community Service secretaries in secretarial duties and in processing
charges when necessary and keeps a daily Intake Log, Murder Report log, and case
decline file. Duties also include assistance to the Division Chief in scheduling Intake
personnel, secretarial, investigative and prosecutorial.
(c) Chief of Intake
This individual is at least a District Court Chief level prosecutor. The Chief of
Intake for the day shift is assigned this responsibility as a permanent position from
Monday through Friday, 8:00 AM through 5:00 PM until the Trial Bureau Chief
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reassigns this individual. The Chief of Intake during off hours assumes that
responsibility on a volunteer basis. The period of responsibility includes either an
evening shift assignment from 5pm until midnight or a midnight until 8am for each day
of the week. The duties of the Chief include screening all homicide cases and all cases
involving a death of a citizen as well as speaking with officers with reference to all
other intake matters. The Intake responsibility of the Chief who starts at 5:00 PM and
works until midnight on a Friday and a Saturday has an additional period of
responsibility that extends into the following day for an additional eight (8) hour period
from 8:00 AM until 5:00 PM. During this additional period of responsibility, the Chief
must be on call to screen all homicide cases and speak to officers with reference to
intake matters. The assignment for Chief of Intake will be conducted several times a
year. If the Chief cannot work a shift, the Chief is responsible for getting a replacement
and notifying the Division Chief of the Intake Division, in writing, of the change.
The Chief of Intake shall prepare a murder report for each homicide reported to
Intake and will present any homicide case referred directly to the grand jury during his
shift of duty.
The Chief of Intake shall insure that Intake operates properly and smoothly. The
Chief must make sure that all positions at Intake are staffed and if a person fails to show
for work, a replacement obtained.
The Chief of Intake has the authority to make temporary changes in duties of the
personnel if the work load of an individual becomes overwhelming to insure that the
case flow continues to operate properly and smoothly.
The Chief of Intake, when requested, will help the other Assistant District
Attorney’s with the charging decisions presented. The Chief of Intake has the final say
on the filing decision for all felonies and misdemeanors presented during his shift of
duty.
(d) Number 2 Prosecutor
This individual is a number 2 level prosecutor, or above, in District Court. This

prosecutor assumes that responsibility on a volunteer basis for individual Intake shifts.
During the physical absence of the Chief from Intake, the Number 2 prosecutor will
insure the proper operation of Intake. If a homicide case is presented to this prosecutor
at Intake when the Chief is not present, the prosecutor must have the case screened by
the Chief, either when the Chief returns to his desk or when the Chief responds to a call
or a page on Saturday and Sunday from 8am until 5pm. The Chief will decide what to
do with the case. When working with a prosecutor who has only misdemeanor
experience, this prosecutor will be responsible for the final decision on all felonies. If
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this prosecutor cannot work a shift, the prosecutor is responsible for getting a qualified
replacement and notifying the Division Chief of the Intake Division, in writing, of the
change.
(e) Number 2 1/2 Prosecutor
This individual is a prosecutor who has been in District Court for at least 90 days.
This prosecutor is assigned for individual Intake shifts. This prosecutor will handle any
case at Intake that the prosecutor would be capable of handling in court as a part of their
assignment or has tried first chair in court. If this prosecutor cannot work a shift, the
prosecutor is responsible for getting a similarly qualified replacement and notifying the
Chief of the Intake Division, in writing, of the change.
(f) Number 3 Prosecutor
This individual has been a prosecutor with the office for no less than 6 months, is
a #3 or #2 misdemeanor prosecutor in county court, or the equivalent level, and is
automatically assigned by the Division Chief of the Intake Division to one Intake shift
per month for at least six months. Working Intake is considered part of the training
process for young prosecutors and this person screens only misdemeanor cases. Before
working Intake for the first time, this prosecutor must attend intake training sessions,
read the Intake Training Manual and observe the operation of Intake to become familiar
with the flow of a case through the system and the paperwork required in the charging
process. When the manual is read, the training completed and the observation period
fulfilled, the prosecutor will be allowed to work at intake after hours on specific dates
assigned to that individual. If this prosecutor cannot work a shift, the prosecutor is
responsible for getting a replacement and notifying the Division Chief of the Intake
Division, in writing, of the change.
(g) Log Manager
This individual is either permanently assigned to Intake or works there on a

voluntary basis and has been trained in the Intake operation. This individual is
responsible for maintaining the flow of cases through Intake and has the additional duty
to answer the telephone, assist the individual and direct the call to the proper person.
This individual will pick up the DIMS report/criminal history packet from the
Communication Section and check the DIMS report for accuracy. If the DIMS report is
not correct or has missing information, the log manager will make a diligent effort to
obtain the correct information from the police officer. This individual will then make
sure the cases get to the assistant district attorney, then to the secretary/typist, back to
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the assistant district attorney, and then to the district clerk after each has performed
certain duties regarding the charge.
Once the district clerk issues a warrant or capias, the charge information should
be archived in DIMS by the district clerk. If the District Clerk fails to do so, the log
manager should add this information to the detail log in DIMS.
The log manager shall assist any police officer who calls regarding the status of a
charge by directing that police officer to DIMS60 or DIMS90 or by providing the
information from DIMS60 or DIMS90. Charges can be tracked through the DIMS
system by transaction number (which is the control number of the episode or event), log
number (which is attached to the defendant), name of the defendant, or name of the
officer.
If a case is declined for prosecution, the log manager will notify the officer by fax
of the occurrence, and will enter the reject reason into DIMS 60.
(h) Intake Secretary
This individual is a secretary who has been trained in the Intake operation. This
person is either permanently assigned to Intake or works there on a voluntary basis. This
person prepares the district attorney file after the case has been screened by the assistant
district attorney whether the case is filed or one going directly to the grand jury. The file
and the contents are typed and printed, and returned to the assistant district attorney for
proofreading and affixing of the proper signatures. The secretary shall assist the log
manager when asked or when the log manager is unable to do so, then assist the caller
and refer all callers to the proper person.
(i) Intern
This individual is a person who has been trained in the operation of Intake and
who works there on a permanent and voluntary basis. The permanent intern will work
the 11:00 p.m. to 7:00 a.m. shift Sunday through Thursday and the volunteer will work
the 5:00 p.m. until 11:00 p.m. shift Tuesday through Saturday and 11:00 p.m. to 7:00
a.m. on Friday and Saturday. This individual will insure that all case files are prepared
before leaving the Intake Division. This responsibility includes securing the files from
the district clerks, affixing the Cause Number and Court Number upon each felony and
misdemeanor file, printing and placing two copies of the offense reports available at the
Intake Division into each file, arranging the files chronologically or, in the case of
felonies, by court for the Preliminary Initial Appearance (PIA) docket. This
responsibility also includes printing the victim-witness report from DIMS for the
previous 24 hours, and pulling the Probable Cause Docket for each PC hearing during
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the course of that shift. The Preliminary Initial Appearance (PIA) docket is picked up
from the district clerk sometime after 2:00 AM This person also runs the misdemeanor
docket from the JIMS System and places it with the misdemeanor files. This is done
after midnight.
(j) Chief of the Hearing Court
The Chief of the Hearing Court is an assistant district attorney who has attained at
least the level of Chief of a District Court or its equivalent and has been assigned Chief
of the Hearing Court for the day shift as a permanent position from Monday through
Friday, 8:00 a.m. through 5:00 p.m. until the Trial Bureau Chief reassigns this
individual. The Chief of Intake during off hours assumes that responsibility on a
volunteer basis. This individual is responsible for representing the state in the Hearing
Court and is directly under the Division Chief of Intake. The Chief of the Hearing
Court shall be at Intake assisting in that operation when he is not preparing for, nor his
presence required at the Hearing Court.
SECTION 3.4. INTAKE DIVISION TRAINING

(a) Attorneys
At a minimum, the Assistant District Attorneys assigned to work at the Intake
Division must have read the Prosecutor’s Discretion (Chapter 10 of the Operations
Manual) and be able to do the following:
1. Evaluate whether probable cause exists for the arrest and prosecution of an
accused individual, and whether it is likely that the State will be able to
prove the accused’s guilt beyond a reasonable doubt if a criminal complaint
is filed.
2. Screen written District Attorney Intake Management System (DIMS)

materials for preparation of a criminal complaint and recommendation of a
bail amount in accordance with the judiciary’s bail schedule.
3. Write a probable cause affidavit that comports with statutory and

constitutional requirements.
4. Write a Motion for Magistrate’s Order for Emergency Protection under

Article 17.292 of the Code of Criminal Procedure.
5. Issue a grand jury subpoena.
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Accordingly, before an Assistant District Attorney’s first scheduled shift at the
Intake Division, the Assistant District Attorney shall attend an intake training class
coordinated by the Division Chief of the Intake Division and observe a full shift at
Intake, assisting the attorneys on duty, with an emphasis on observing and participating
in the above-described activities. These training activities constitute Hours Actually
Worked if completed between 8am and 5pm Monday through Friday and compensatory
time if completed during any other time period under the Harris County Personnel
Regulations.
(b) Secretaries and Interns

The positions of Intake Secretary and Intake Intern require special training related
to the unique responsibilities of those positions. As such, before assigning an employee
of this office to work as an Intake Secretary or Intake Intern, the Division Chief of the
Intake Division must certify that the employee has acquired the skills necessary to
effectively perform the essential functions of the position.
To acquire these skills, an employee may submit a request to the Division Chief
of the Intake Division for training as either an Intake Secretary or an Intake Intern.
There is no right to train for either of these positions: the Division Chief of the Intake
Division shall consider a request for training in the same manner as he or she would
consider a request for a lateral transfer to another position in the Office.
Training shall consist of the trainee’s observation of the Intake Secretary or

Intake Intern on duty, with an emphasis on assisting in the Intake Secretary or Intake
Intern’s activities. The training schedule will be prepared and/or approved by the
Division Chief of the Intake Division. This training period will occur after normal work
hours and constitutes Compensatory Work under the Harris County Personnel
Regulations. At the end of the training period, all trainees for Intake Secretary must take
and pass a competency test.
Trainees will also be evaluated on a periodic basis during the training process in a
manner dictated by the Division Chief of the Intake Division. At any time, the Division
Chief of the Intake Division may decline to certify a trainee as qualified to work as an
Intake Secretary or Intake Intern and discontinue that employee’s training.
(c) Investigators
The position as Intake Investigator requires special training related to the unique
responsibilities of that position. As such, before assigning an employee of this office to
work as an Intake Investigator, the Division Chief of the Intake division must certify
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that the employee has acquired the skills necessary to effectively perform the essential
functions of the position.
To acquire these skills, an employee may submit a request to the Division Chief
of the Intake Division for training. There is no right to train for this position: the
Division Chief of the Intake division shall consider a request for training in the same
manner as he or she would consider a request for a lateral transfer to another position in
the Office.
Training shall consist of the trainee’s observation of the Communications
Personnel while on duty, with an emphasis on learning all skills necessary to carry out
the duties of the position and in assisting in the completion of the assigned tasks. The
training schedule will be prepared and/or approved by the Division Chief of the Intake
Division. These training activities constitute Hours Actually Worked if completed
between 8am and 5pm Monday through Friday, and compensatory time if completed
during any other time period under the Harris County Personnel Regulations.
SECTION 3.5. POLICE INTAKE SECTION
The purpose of this section is to screen all cases brought or sent in by police
agencies or other designated persons. The senior attorney on duty has the responsibility
to insure that the cases flow through the system as smoothly as possible. During regular
office hours, three attorneys, one felony Chief, one #2 felony prosecutor and one #3
felony prosecutor, are assigned to work for specific time periods to accomplish the
above stated goal. Particular job descriptions for this section appear in Section 3.4
above. During other than regular office hours, a roster of assignment will be prepared by
the Division Chief of the Intake Division.
SECTION 3.6. COMMUNICATIONS SECTION
The purpose of this section is to receive and print the charge request made
through DIMS by police agencies, and to print the criminal record of the defendant and
attach such history to the DIMS charge request. Additionally, this section is responsible
for the operation of the District Attorney’s communications radio system.
SECTION 3.7. JOB DESCRIPTIONS – COMMUNICATIONS SECTION
(a) Communications Personnel
This position is a permanent assignment between 8:00 A.M. and 5:00 P.M.,
Monday through Friday, or as otherwise assigned, to be filled by an administrative
assistant or its equivalent. This individual is responsible for receiving and printing the
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charge request made through DIMS by police agencies. This person is also responsible
for the operation of the District Attorney’s communications system.
This individual will check the information regarding the criminal record of the
defendant, print any criminal history, and attach that history to the DIMS charge
request.
Uniform criminal history checks will consist of WNIC (LNAM PF8), plus a JIMS
criminal history. It is the duty of the arresting agency to provide the SID/FBI number(s)
and the TID number.
Intake personnel should remind officers of this policy. The investigator should
edit these numbers in DIMS20 because of CJIS and CTS. If a defendant has an alias
SPN, this information must be noted on DIMS20 because some SPN consolidation can
be done by the district clerk during the case initiation. The investigator will note the
SPN # in the appropriate blank on the descriptor sheet of the defendant which is also
included in the DIMS printout.
This individual shall assist any police officer with data entry problems into the
DIMS system.
This person will also be required to train an investigator regarding the duties set
out above at the direction of the Division Chief of the Intake Division.
(b) Investigator
This person is an investigator with the office. This position is filled on an

assigned and voluntary basis by the Chief of the Intake Division. This person has the
same responsibility as the staff member described in (a) above; but is also responsible
for armed security during his shift.
The investigator also provides armed security for Intake.
Training for this position will be mandatory for at least an 8 hour period with one
of the Communications Personnel.
SECTION 3.8. COMMUNITY SERVICES SECTION
The Community Services Section provides legal assistance to the public who
believe they have been victimized by criminal activity and who have reported such
activity to the appropriate police agency and received a written case decline from the
District Attorney's Office. The responsibility for investigating alleged criminal activity
is that of the police agencies; however, this office shall remain the last bastion of the
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public's right to have a complaint reviewed by a prosecutor. If a citizen's complaint
supports the allegations, after a responsible investigation, the appropriate criminal
charge may be filed under the policies established in Chapter 10. This Section operates
only during normal business hours.
SECTION 3.9. JOB DESCRIPTIONS - COMMUNITY SERVICES SECTION

(a) Assistant District Attorney
This individual is a #3 felony prosecutor who is assigned for a specific period of

time to be in charge of this section. This assistant will interview citizens in order to
determine if charges should be filed or other action taken. If charges were properly
declined he or she will explain that to the citizen. He will also respond to telephone
inquiries from the public. Additionally, he will assist regular police intake prosecutors
when time allows.
(b) Secretary
The secretary in this position provides the initial contact with our office for most
citizens. This individual screens the complainants and refers them to other agencies
when appropriate. The citizens are logged in and each is instructed to fill out an
information card. After the interview, the card, including the disposition and work
product of the assistant district attorney, will be maintained in a file. The secretary will
also provide general secretarial services for the division to assist the Division Chief of
Intake or the Secretary to the Division Chief of Intake when requested.
(c) Dispute Resolution Center
This is a non-profit organization that utilizes the facilities of the Community

Service Section. It is a dispute mediation program which diverts cases from the criminal
justice system. Many cases are referred to this program rather than to District Attorney
personnel. When it is obvious that the case involves a criminal offense, it should be
handled by the District Attorney personnel.
SECTION 3.10. DWI TAPE/DVD/CD EVIDENCE SECTION
The DWI Tape/DVD/CD Evidence Section provides a centralized location in our

office where DWI tapes/DVDs/CDs, that document crime scene images and Field
Sobriety Test images for DWI cases, can be stored for future use by our prosecutors
handling these cases. The section is staffed by evidence custodians under whose care,
custody and control the tapes remain unless and until a prosecutor needs such evidence,
or an order by a court of jurisdiction allows the images on the Tape/DVD/CD to be
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erased. Additionally, this section provides a public service by allowing the defendants
and/or defense attorneys to come and view the evidence with their clients and/or obtain
a copy of the DWI tape/DVD/CD. By providing this public service, this allows many
cases to be disposed through a plea bargain.
SECTION 3.11. JOB DESCRIPTIONS -DWI TAPE/DVD/CD EVIDENCE

SECTION
The DWI Tape/DVD/CD Evidence Section is staffed with two administrative
assistants, or the equivalent, hereafter referred to as the ―custodians‖, who are
responsible for receiving all evidence tapes and documenting them by number, and
maintaining care, custody and control of such evidence. The custodian may facilitate,
after presentation of appropriate authorization, the viewing and/or copying of such
evidence by the defendant or his lawyer. Additionally, such custodial duties include: 1)
the creation of a system documenting and releasing the said evidence to prosecutors
assigned to handle the case; 2) assisting prosecutors in the process of seeking orders for
the destruction of this evidence when the underlying case is finally disposed; and 3).
erasing and recycling the tape upon acknowledgement from the JIMS system that the
appropriate Judge ordered said destruction of evidence.
SECTION 3.12. DIMS AND OTHER TERMINOLOGY USED AT INTAKE
The District Attorney Information Management System (DIMS) is the computer

system within JIMS used by police agencies to file charges. The system has many uses
such as providing information regarding the present status of criminal cases and
statistics regarding criminal cases in Harris County. The following are terms used in the
DIMS system:
JIMS: Justice Information Management System
DIMS: District Attorney Intake Management System
AFIS: Automated Fingerprint Identification System.
Police officers will have to take prisoners to AFIS device prior to filing charges.
AFIS#: Temporary Identification Number created by the AFIS. Required to file

charges through DIMS.
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CJIS: Criminal Justice Information System (see Chapter 60, Texas Code of Criminal
Procedure)
CTS: Correctional Tracking System (see Chapter 60, Texas Code of Criminal
Procedure)
SID: State identification number assigned by state police. The first two letters
specify the state code.
SPN: Specific Person Number assigned by authorized JIMS user
SECTION 3.13. DISTRICT ATTORNEY FILE DESCRIPTION
(a) Misdemeanor File Contents
1. Criminal History Report - WNIC Query (TCIC/NCIC Criminal

history,TCIC/NCIC Wanted, and JIMS history. For driving offenses,
include a driver’s license history and motor vehicle registration.
2. Probable Cause Report - DIMS printout including a descriptor sheet,

charging information, and offense summary.
3. Three Informations
4. Complaint
5. Capias
6. Cover Sheet
7. Two copies of any Offense Report
(b) Felony File Contents
1. Criminal History Report (see above)
2. Probable Cause Report (see above)
3. 2 Indictments (One is the State's copy)
4. Information
5. Two Complaints (one filed; one State's copy of complainant) (Clerk will
certify a copy of the indictment for the defendant)
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6. Stipulation of Evidence (Plea of Guilty Form)
7. Warrant-Commitment
8. File Folder
9. Two copies of any Offense Report
SECTION 3.14. GENERAL PROCEDURE FOR FILING CHARGES
For any charge that has been accepted by an Assistant District Attorney, the
following filing procedure must be followed:
If a suspect has been placed in custody on the charge to be filed, the officer will
enter information into all DIMS fields, including the probable cause paragraph, put "Y"
in the custody blank, and "send" to Intake. If the defendant is already in the Harris
County jail on another charge, and the officer wants to file another charge, the officer
when completing the DIMS fields will enter "J" in the custody blank, and "send" to
Intake.
If the defendant is not in custody, the officer must personally come to Intake to
file the charge and obtain the arrest warrant. The officer may enter information in DIMS
prior to coming to Intake and retrieve the report at Intake or may enter information in
DIMS at Intake.
If the defendant has been admitted into a medical hospital and is in the custody of
an officer and the officer will remain with the defendant until his release from the
hospital, the officer will enter information into the DIMS fields, including the probable
cause paragraph, put ―H‖ in the custody blank, and ―send‖ to Intake. The officer will
also need to include the hospital name and room number for the suspect in the DIMS
probable cause paragraph. If the officer and/or his agency cannot remain with the
defendant until his release from the hospital, then the officer must personally come to
Intake to file the charge and obtain an arrest warrant at a later time.
If the defendant is in custody, is at the Neuro Psychiatric Center (NPC) for

evaluation of psychiatric issues or has been evaluated at the Neuro Psychiatric Center
(NPC), but, under either case, is not admitted into a psychiatric ward of NPC or another
Harris County Hospital District Facility, the officer will enter information into all of the
DIMS fields, including the probable cause paragraph, put ―P‖ in the custody blank, and
―send‖ to Intake. The case will then be expedited as quickly as possible.
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DIMS can be accessed from any JIMS terminal; however, approval to file the
charge must be obtained by the officer from an Assistant District Attorney before entries
are made in DIMS.
It is the duty of the law enforcement agency attempting to file a criminal

accusation to identify the person in custody. This is not the duty of the District Attorney,
nor will the Office of District Attorney assume such responsibility. Each officer should
have his prisoner checked by AFIS identification. If the prisoner refuses to participate in
the AFIS procedure for any reason, the preferred procedure would be to encourage the
police officer to let the defendant have a "cooling off" period to become less agitated or
intoxicated and then try the procedure again. If the defendant still refuses to participate
in the AFIS procedure, it is recommended that the ink rolled prints of the defendant
taken during the booking procedure be used to make AFIS identification. If a police
officer fails to identify the defendant and the communication section staff at Intake
identifies the defendant as having a record, the communication section staff will print
the criminal history found and attach it to the DIMS report.
Where an ―in custody‖ suspect’s identity cannot be confirmed through our

standard method of comparing fingerprints or palm prints due to physical alteration, the
case should be processed without an AFIS entry into DIMS by the Communications
Personnel/Investigator who shall then make a hand notation on the DIMS that the
suspect’s fingerprints have been altered and no alternative method of comparing
fingerprints or palm prints is possible. The prosecutor screening the case should
recommend ―NO BOND‖ on the case and prepare a High Bond Request stating that
identity cannot be confirmed at this time for the above reason. Once the case arrives in
the Trial Court, the court prosecutor should immediately seek a Court order to obtain a
buccal swab for DNA comparison in the state DNA database and request that the Court
maintain this individual at No Bond until a return occurs regarding the DNA
comparison.
The Intake Investigator will print one probable cause report and one criminal
history report as they appear on the DIMS pending log. The investigator will reconcile
the descriptor information on the probable cause report and the criminal history report,
i.e. SPN, SID#S etc. The investigator will then transfer the file in the computer from the
"active log" to the "archive log" and place the printed probable cause report and
criminal history report in a designated receptacle for the log manager.
The log manager shall retrieve both reports and check the probable cause report
for accuracy. If inaccuracies are found, the log manager will try to reconcile them.
If an officer calls to check his charges BEFORE the report is printed, the log
manager can view the report on the computer and make any corrections, if needed.
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If the Log Manager cannot correct a deficient report that has not been printed, the
log manager can "unsend" the report to the officer provided the "unsending" is approved
in advance by the senior assistant on duty. The officer must then correct the report and
resend it.
If inaccuracies are found AFTER the report is printed, the log manager will try to
reconcile them by calling the police officer at the number designated on the probable
cause report. Hand written corrections can be placed on the report and corrections made
in DIMS prior to sending the file to the District Clerk. If this procedure fails, then the
charge can be "unsent" as described above for the officer to correct and resend. If the
case is resent, the original printed reports must be located and destroyed to insure that
duplicate charges are not filed.
The completed reports are then transferred to the assistant district attorney who
will screen both reports, ministerially affix the proper bond in accordance with the
direct filing order, and indicate the proper pleading to be used in the charge. If the
suspect is not in custody, the assistant district attorney will prepare a probable cause
affidavit with the assistance of the affiant. The assistant district attorney will then
submit both reports to the secretary who prepares the district attorney file.
The investigator shall check whether or not the defendant has a JIMS record, and
if so, note the SPN# in the appropriate blank on the defendant descriptor sheet.
The log manager/secretary will return the district attorney file to the assistant
district attorney who will check the information and pleading information on the
charging document.
The assistant district attorney will ensure that the correct signatures are affixed to
the pleadings and that all of the authorized charges were properly prepared. The log
manager/secretary will then deliver the district attorney file to the district clerk's office
for filing and to generate a court and number assignment. The district clerk will then
return the district attorney file to the log manager after entering case information (cause
number, court assignment, NCIC code, etc) in the detail log.
When the district clerk enters this information, there are two important
consequences. First, a change is made to the archive log showing time out of the office
of the district clerk and sent to "file." Second, the computer will automatically place an
asterisk in place of the "Y" on DIMS90. These features help the log manager monitor
pending cases and check on why some charges have not been completed.
If the log manager discovers that the court and cause number were not entered by
the district clerk, the log manager shall enter those numbers on the detail log.
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The intern will assemble the district attorney file and print or attempt to print
missing HPD and HCSO offense reports. The intern will also "pull" the misdemeanor
and felony dockets for Probable Cause Hearing Court Dockets and for Preliminary
Initial Appearance Dockets (PIA).
The Investigator shall assist any officer needing help to input information on
DIMS. The Log Manager will assist any officer in retrieving and correcting DIMS
information.
3.15. VICTIMS’ RIGHTS DIVISION - INTRODUCTION
The Victims’ Rights Division of the Harris County District Attorney’s Office was
established to provide information, assistance, and support to victims of crime in Harris
County. The division serves as a communication link between crime victims and
witnesses and the assistant district attorneys. The Victims’ Rights Division offers
specialized assistance to crime victims and witnesses throughout the court process with
the goals of assisting victims, witnesses and reducing the number of cases dismissed due
to uncooperative or missing witnesses. The Code of Criminal Procedure, Chapter 56,
requires the District Attorney to provide specific services to victims.
3.16. JOB DESCRIPTIONS

(a) Director
The Director of the Victims’ Rights Division shall be a college graduate with
experience in criminal justice or a related field. The position will be responsible for
administering all daily operations of the program and will account to all granting or
government agencies.
The Director shall be the designated Victim Assistance Coordinator as outlined in

Chapter 56 of the Code of Criminal Procedure. The Director will develop printed
materials for the division and will also serve as the liaison with the Office of Attorney
General’s Crime Victim Services Division, including the Crime Victims’ Compensation
Program and the Texas Department of Criminal Justice’s Crime Victims’
Clearinghouse.
Other responsibilities include developing and maintaining a network of

community agencies for referrals, teaching agency training sessions, and informing
prosecutors about legislative changes affecting victim services and work with
prosecutors on problems that may arise with victims and witnesses. The Director shall
develop and train interpreters to assist in the needs of the office.
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The Director will represent the District Attorney at local interagency council
meetings and at victim support group meetings. In addition, the Director will also
participate in in-house committee meetings that involve victims’ rights issues. The
Director shall prepare monthly reports for the division, and report to the Public Services
and Infrastructure Bureau Chief.
(b) Assistant Director

The Assistant Director of the Victims’ Rights Division shall be a college graduate
with experience in criminal justice or a related field. The position will be responsible
for administering all daily operations of the program in the absence of the director.
Other responsibilities include developing and maintaining a network of

community agencies for referrals, assisting with teaching agency training sessions, and
informing prosecutors about legislative changes affecting victim services and work with
prosecutors on problems that may arise with victims and witnesses.
(c) Victim Assistance Coordinators
Victim Assistance Coordinators shall be college graduates with experience in the

criminal justice field or a related field. They will be responsible for contacting all
victims by mail as soon as possible after charges have been accepted by the District
Attorney’s Office. The coordinators shall assist victims with case status information
and the completion of Victim Impact Statements, Crime Victims’ Compensation
applications or Crime Loss Forms. They will also provide referrals to social services in
the community and an explanation of the criminal justice system. A coordinator will
accompany a victim to court if requested by the victim or the assistant district attorney
assigned to the case. They will attend appropriate training sessions on such topics as
crisis intervention, sexual assault, child abuse, domestic violence, elder abuse and
homicide. The coordinators are responsible for maintaining accurate statistical data and
providing the director with information for monthly reports. They will operate the
Victim Waiting Room, supervising its use and serving as a liaison between those
witnesses waiting to testify and the assistant district attorney.
The coordinators report to the Victims’ Rights Director.
d) Interpreter
The Interpreter shall be a college graduate with a degree from an accredited

college or university, having a major in Criminal Justice, Social Work, Sociology,
Psychology, English, Spanish, or a related area.
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He/she will have 2 years of interpreting or translating experience or a
considerable knowledge of written and spoken English and Spanish, both formal and
informal; good knowledge of legal terminology; knowledge of translation modes,
including simultaneous, consecutive, and sight. The Interpreter shall also have the
ability to communicate effectively verbally and in writing, and the ability to maintain
effective working relationships with co-workers and the general public.
In addition, he/she shall be certified or able to qualify for certification by the

Texas Department of Licensing and Regulations. The Interpreter will be responsible for
interpreting dialog, documents, tapes or other materials essential to the District
Attorney’s Office. He/she will assist prosecutors and/or investigators with interviewing
victims and/or witnesses. He/she will accompany Spanish speaking victims and/or
witnesses to court when needed. He/she will also assist the Victims’ Rights staff with
answering telephones, copying, locating information on JIMS for victims and witnesses,
as necessary. He/she will perform other related duties as required.
The Interpreter will also be responsible for maintaining accurate statistical data
and providing the director with information for monthly reports.
The Interpreter reports to the Victims’ Rights Director.
e) Administrative Assistant
The Victims’ Rights Division administrative assistant shall be responsible for the
day-to-day operational needs of the office. The administrative assistant will provide the
primary telephone service, direct calls to the appropriate coordinator, and will be
primarily responsible for the receipt and disbursement of restitution payments made
through the Victims’ Rights Division. The administrative assistant will also be
responsible for the division’s mail as well as maintaining an adequate supply of printed
materials and packets for the coordinators. The administrative assistant will prepare all
written reports and correspondence for the division. The administrative assistant
handles the telephone receptionist duties for the division.
3.17. GENERAL POLICIES AND PROCEDURES OF THE VICTIMS’ RIGHTS

DIVISION
The primary service the Victims’ Rights Division provides is a system of
notification and explanation at the pre-trial stage of prosecution.
(a) Initial Contact with Victims
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The screening or information sheets from all cases accepted for prosecution are
copied at the Intake Division and forwarded to the Victims’ Rights Division every
morning. The administrative assistant divides the cases among the coordinators
according to court assignment. The coordinator then sends correspondence to the victim
as soon as possible. If the case involves a crime of violence, the coordinator prepares a
packet of information for the victim as required by Chapter 56 of the Code of Criminal
Procedure. The packet includes an initial contact letter which informs the victim of the
case and court number, the defendant's name, the charge against the defendant, and
advises the victim to contact the coordinator with any questions. Also included in the
packet are a Victims’ Rights brochure, a Crime Victims’ Compensation application and
brochure and a Victim Impact Statement. If the violent crime is a homicide or child
abuse case, the victim's relative or next-of-kin is contacted. If the case involves a
property crime, the victims receive an initial cover letter, a Victims’ Rights brochure
and a Crime Loss form which the victim completes and returns to the coordinator. The
coordinator then forwards all property loss/damage information to the assistant district
attorney assigned to the case. All returned mail is checked against the original intake
information for accuracy. If no other address is available, the coordinator forwards the
returned correspondence to the assistant by attaching it to an inter-office memorandum
form. The court prosecutor should obtain a current address through his/her investigator
and provide the same to the Victims’ Rights Division.
There are several advantages in establishing early contact with the victim. First,
the coordinator serves as a consistent contact for the victim throughout the pendency of
the case. A case may have several prosecutors assigned throughout the prosecution
process, but the same Victim Assistance Coordinator will remain with the case until its
disposition. Most of the questions victims ask do not require legal advice, and the
coordinators do not offer such. Instead, they provide information about the case status,
the next scheduled setting, directions to the courthouse, Crime Victims’ Compensation
Fund, Victim Impact Statements and social service referrals. Another benefit provided
by early contact with the victim is the establishment of the coordinator as a source of
information for the victim. An assistant may be in trial, but the coordinator is available
to answer victims' questions from 8 A.M. to 5 P.M. This results in a system more
responsive to victims' needs and reduces the number of return calls the assistants must
make.
The administrative assistant or other personnel making contact with the victim
must obtain complete contact information for the victim, including address, telephone
numbers (home, cell and office), email addresses, and also names of next of kin and
complete contact information for the next of kin. This is most important in cases where
restitution may be ordered for the victim.
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(b) Juvenile Cases
The victims of juvenile offenders receive an initial contact letter from the
Victims’ Rights Division. This letter includes the petition and court number, the charge
filed, and the juvenile's name. The letter directs the victim to contact the Victim
Assistance Coordinator with any questions concerning the status of the case, Crime
Victims’ Compensation Fund, Victim Impact Statements, Crime Loss Forms, court
accompaniment or social service referrals.
3.18. SPECIAL POLICIES AND PROCEDURES OF THE VICTIMS’ RIGHTS

DIVISION
(a) Restitution
Restitution payments made through the Victims’ Rights Division must be in the
form of a lump sum payment. All restitution must be made in the form of a cashier’s
check. NO EXCEPTIONS ARE MADE. The cashier’s check must be made payable
to the complainant (an individual or a business). No cashier’s check will ever be
accepted with the payee information blank.
Two different systems exist for Restitution collected by the Office.
1) Main Restitution System

a. The Assistant District Attorney must contact the victim to obtain the
following:
i. The exact amount of restitution needed to put the victim in the
pre-crime position. This amount should include losses of
insurance companies and business interests.
ii. The current contact information, including correct
1. full name,
2. address,
3. primary contact number,
4. additional contact person name,
5. additional contact person’s relationship,
6. additional contact person’s contact number, and
7. any additional information in regards to the
case/complainant
b. The Assistant District Attorney must enter this information into the
Main Restitution System database <http://restitution.dao.hctx.net>.
c. The Assistant District Attorney must then verify the entered information
is correct and print the Defendant Bill/Instruction. Once this bill is
printed, no information on the case can be changed.
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d. Once a Defendant Bill/Instruction is printed, the Assistant District
Attorney must provide the form to either the Defense Attorney and/or
Defendant.
e. The Defendant must provide full payment in the form of a single
cashier’s check. The cashier’s check must:
i. Be made out for the exact amount of restitution
ii. Be made payable to the correct complainant
iii. Include the Cause# and Court# in the memo section
If all information is correct and the payment is accepted (subsections f through i happen
simultaneously with subsections j-q)
f. The Defendant will receive a copy of the following documents:

i. A Main System receipt (ADA copy) and a Defendant’s Receipt
Book receipt (White Copy). These will be stapled together,
provided to the Defendant who will return them to the ADA as
proof of payment, and
ii. A Main System receipt (Defendant’s copy) and a Defendant’s
Receipt Book receipt (Yellow Copy). These will be stapled
together and will provide proof of payment for the Defendant.
iii. A Main System receipt, DEEDS copy.
g. The Assistant District Attorney must staple the Main System receipt and
the Defendant’s Receipt Book receipt (White Copy) to the inside back
of the Office case file.
h. The Assistant District Attorney must indicate the amount of restitution
as well as the Receipt Book receipt number on all Motions to Dismiss
(if this is the disposition of a case).
i. The Assistant District Attorney must include the DEEDS copy of the
Main System receipt in the court documentation.
If all information is correct and payment is accepted: (subsections j through q happen

simultaneously with above subsections f through i)
j. The Victims’ Rights Administrative Assistant will handwrite a receipt

in the Defendant’s Receipt Book.
k. The Victims’ Rights Administrative Assistant will enter all information
into the Main Restitution System under the Defendant Receipt tab.
l. The Victims’ Rights Administrative Assistant will re-verify that all
information is correct.
m. The Victims’ Rights Administrative Assistant will generate the
following three documents to give to the Defendant:
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i. A Main System receipt labeled ADA Copy stapled to the White
Copy of the receipt from the Defendant’s Receipt Book.  this is
the ADA copy
ii. A Main System receipt labeled Defendant’s Copy stapled to the
Yellow Copy of the receipt from the Defendant’s Receipt Book.
 this is the Defendant copy
iii. A Main System receipt labeled DEEDS Copy. this is the
DEEDS file copy
n. The Victims’ Rights Administrative Assistant will generate a Main

System receipt labeled Victims’ Rights Copy.
o. The Victims’ Rights Administrative Assistant will generate an envelope
to store and file the negotiable instrument and the Main System receipt
labeled Victims’ Rights Copy listed above in subsection n.
p. The Victims’ Rights Administrative Assistant will generate the
complainant’s initial contact letter, restitution release affidavit, and
envelope under the Victim Contact tab.
q. The Victims’ Rights Administrative Assistant is initially responsible for
ensuring the restitution payout to the victim. This can be accomplished
via one of two ways:
i. First method is via mail delivery.

In order to issue restitution via mail:
a. The victim must return the restitution affidavit
properly completed.
b. All contact information must be verified by the
Administrative Assistant.
c. The Administrative Assistant must make two copies
of the following:
i. The negotiable instrument on the Victims’
Return Receipt, and
ii. The Main System Receipt labeled Victims’
Rights Copy.
d. The Administrative Assistant must complete a
written receipt from the Victims’ Receipt Book. The
white copy from the Victims’ Receipt Book is
stapled to the Victims’ Return Receipt.
ii. The second method is in person pick-up.

In order to issue restitution in person:
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a. The victim must display the victim’s initial contact
letter that the victim received via mail and his/her
proper identification.
b. The Administrative Assistant must verify all
information.
c. The Victim’s identification and negotiable
instrument are copied onto the Restitution Return
Receipt.
d. The victim will sign and date the Restitution Return
Receipt.
e. The handwritten receipt from the Victims’ Receipt
Book must be completed and the white copy is
stapled to the Restitution Return Receipt.
r. If after 60 days, a restitution payment is unclaimed and contact with

victim has not been successful, the responsibility of locating the victim
will transfer to the original Court/Division. The Victims’ Rights
Division will notify the Court/Division Chief as well as the Investigator
in order to facilitate contact with the victim. After a victim is contacted,
the victim will be directed to the Victims’ Rights Division for receipt of
restitution. Please note, these cases will be tracked and reported during
the office’s weekly chiefs meeting.
2) Exceptions regarding the Restitution System (includes cases handled by the

Special Prosecutions Bureau and other extraordinary situations evaluated on a
case-by-case basis).
a. A Restitution Form must be completed and signed by the assistant

district attorney. The amount on the form should be the same as the
cashier’s check. If the amount on the check differs from the amount on
the form, the form will be returned to the court for the assistant district
attorney to generate a new form. If that is not possible, the division will
not accept the restitution until a new form is completed.
b. If all of the information required on the restitution form has been
provided, a receipt and a copy of the cashier’s check will be issued to
the party paying the restitution.
c. Next, the cashier’s check and a copy of the cashier’s check will be
stapled to the Restitution Form and the receipt number will be written
on the upper right hand corner of the Restitution Form. The case
information will be logged into the restitution database and letters will
be mailed on a daily basis to complainants notifying them that the
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defendant has been ordered to pay restitution through the Victims’
Rights Division.
d. Once the case information is entered into the restitution database, a
restitution notification letter and a restitution release affidavit is mailed
to the listed complainant and the restitution is filed until picked up or
mailed via First Class United States mail. The envelope containing the
Restitution Form and the cashier’s check is filed by receipt number in
the administrative assistant’s drawer.
e. If the complainant lives outside of Harris County, restitution may be
mailed via First Class United States mail. The cashier’s check is copied
onto the top of the Restitution Return Receipt. Two (2) copies are
made: one will be mailed with the restitution via First Class United
States mail and one will be retained in the Victims’ Rights Division file.
A copy is placed in the folder marked ―PAID OUT.‖ Once the signed
Restitution Return Receipt is received, the Administrative Assistant will
attach the copy to the filed restitution form.
f. After 30 days, if the signed Restitution Return Receipt has not been
returned by the complainant, a copy is made of the receipt and a letter is
sent to the complainant requesting that the enclosed receipt be signed
and returned to the Victims’ Rights Division. A copy of the letter is
placed in a folder marked, ―Mailed Out.‖
g. If the information is returned as either ―Unclaimed‖ or ―Return to
Sender‖, an appropriate memo is completed and attached to the returned
envelope or letter and forwarded to an investigator to obtain a current
address.
h. Mailing of restitution is not limited to complainants who reside out of
county. If the complainant calls and requests that the restitution be
mailed, the complainant is informed that the cashier’s check will be
mailed via First Class United States mail upon receipt of the restitution
release affidavit.
i. If after 60 days, a restitution payment is unclaimed and contact with a
victim has not been successful, the responsibility of locating the victim
will transfer to the original Court/Division. The Victims’ Rights
Division will notify the Court/Division Chief as well as the Investigator
in order to facilitate contact with the victim. After a victim is contacted,
the victim will be directed to the Victims’ Rights Division for receipt of
restitution. Please note, these cases will tracked and reported during the
office’s weekly chiefs meeting.
(b) InterpreTalk
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InterpreTalk is a translation service that is accessed by telephone. If there is a
victim or witness the office needs to contact that is not English or Spanish speaking then
this service may be used. Basically it is a three way call between the
coordinator/assistant district attorney, the person being called, and an interpreter.
Guidelines when using this service:
 Determine what language the person speaks.

 Write down the questions that need to be asked.
 Bring the questions and telephone number to the Victims’ Rights Division (4th
Floor). The service can only be accessed from Victims’ Rights.
 Complete the InterpreTalk log.
 Someone from Victims’ Rights will access the service.
 Talk to the caller in as short of time as possible. This office is charged by the
minute once the interpreter is on the line.
 Complete the call.
 Complete the log with the estimated time of your call.
 Let Victims’ Rights know if any problems arose with the interpreter or the
service.
(c) Sign Language
The Victims’ Rights Division can assist in scheduling an interpreter when

meeting with a hearing impaired complainant. Harris County contracts with a company
that provides sign language and oral interpreters to Harris County. These services are
provided as part of the County’s compliance with the Americans with Disabilities Act
(ADA). It is essential that this Office provide reasonable accommodations for people
who are disabled, including those who are deaf or hard of hearing. Reasonable
accommodation may include the use of auxiliary aids such as assistive listening devices,
oral interpreters or sign language interpreters.
(d) Community Resources and Services
The Victims’ Rights Division assists in providing direction to community

resources and social services. These resources may range from basic needs, counseling,
dental assistance, legal assistance, shelter/residential care, health related services,
mental health services, vocational training and employment, and transportation.
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(e) ―U‖ Non-Immigrant Visa Certification
The Director of the Victims’ Rights Division is the certifying official for the
Harris County District Attorney’s Office to issue U non-immigrant status certification
on behalf of the agency.
The U visa is designed for non-citizen crime victims who (1) have suffered
substantial physical or mental abuse from criminal activity; (2) have information
regarding the criminal activity; (3) assist government officials in the investigation or
prosecution of such criminal activity; and (4) the criminal activity violated US law or
occurred in the United States (including Indian country and military installations) or the
territories and possession of the United States.
(f) Bilingual Incentive Pay Program
The Director of the Victims’ Rights Division is designated as the Bilingual

Incentive Pay Program Coordinator.
(g) Anatomical Dolls
The Victims’ Rights Division provides anatomically correct dolls to assist

prosecutors in the interview and testimony of child abuse cases.
(h) Transportation Assistance
The Victims’ Rights Division can assist complainants with transportation to and
from court by providing a metro card. The Metro Pass is available to complainants and
is a $2 money card.
3.19. CRIME VICTIMS RIGHTS

The 1985 Texas Legislature passed the first victims' bill of rights. The rights are
enumerated in Chapter 56 of the Code of Criminal Procedure, and have been expanded
in subsequent legislative sessions. Among the rights afforded victims of violent crimes
are the right to be informed about court settings and procedures in the criminal
justice system, the right to apply for Crime Victims’ Compensation benefits and the
right to complete a Victim Impact Statement (VIS). The lead prosecutor in any case
must ensure that the victim is timely notified of any court setting in the victim’s case.
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(a) Victim Impact Statements (VIS)
The current procedure for felony Victim Impact Statements is as follows:
1. When a victim returns the completed VIS, the coordinator signs and dates
the VIS indicating it has been received by the Harris County District
Attorney’s Office.
2. The coordinator prepares a VIS envelope (one labeled ―original‖ and the
other stamped ―DA COPY‖. The administrative assistant makes two
copies of the VIS. The original is enclosed in the ―original‖ VIS envelope
and the copy is enclosed in the envelope stamped ―DA COPY‖ and sent to
the trial prosecutor assigned to the case. A copy is kept in the Victims’
Rights Division.
3. If the defendant is to be sentenced by the judge, upon a plea of guilty, nolo

contendere, or finding of guilt, the prosecutor MUST present the original
VIS to the judge for inspection and he/she SHALL consider the
information provided before the imposition of sentence. Code of Criminal
Procedure, Article 56.03.
4. After the judge has imposed a prison sentence, the prosecutor gives the
original VIS to the court clerk and he/she will attach all documents to be
included in the offender’s commitment papers. The copy of the VIS
should be retained in the prosecutor’s file.
5. If the defendant is sentenced to prison by the jury, the prosecutor follows

the same steps as listed in Number 4. The jury is not permitted to see the
VIS.
6. If a probated sentence is imposed, the prosecutor gives the original VIS to

the CLO who forwards the VIS to the defendant’s probation officer. The
copy of the VIS stays in the file, which is sent to Central Records. The
retained copy of the VIS will be readily available if a probation revocation
hearing should be necessary.
7. If probation is subsequently revoked, and the defendant is sent to TDCJ,

the probation officer should give the original VIS to the prosecutor. The
prosecutor then should follow the steps as outlined in number 4. Again, the
copy of the VIS is retained in the prosecutor’s file.
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 NOTE: The victim impact statement is subject to discovery under Article 39.14
of the Texas Code of Criminal Procedure before the testimony of the victim is
taken only if the court determines that the statement contains exculpatory
material. Article 56.03(g) Texas Code of Criminal Procedure.
 It is important to follow all procedures listed above. Not only is this Victim
Impact Statement used when considering sentencing, it is utilized by the Texas
Department of Criminal Justice regarding notification to the victim when a
defendant is released or escapes. Article 56.11. Texas Code of Criminal
Procedure.
(b) Attorney General of Texas – Crime Victims’ Compensation
The Texas Crime Victims’ Compensation Fund is a State fund which offers financial
assistance to victims of violent crime who have medical or counseling expenses, funeral
expenses, child care expenses, or loss of wages as a result of the crime. No property
loss is covered by this fund. The fund’s income is derived from fines assessed against
defendants in Texas and federal courts, parolee supervision fees, donations, subrogation,
and restitution. Applications and brochures are available through the Victims’ Rights
Division, and the Victim Assistance Coordinators will assist victims in the completion
and submitting of the application form. Claims may be approved for benefits up to a
total of $50,000. An additional award of $75,000 may be paid if the victim suffers a
catastrophic injury which would create a total and permanent disability for the victim.
(c) AIDS Testing for Sexual Assault Defendants
Under Article 21.31 of the Texas Code of Criminal Procedure, a victim of SEXUAL
ASSAULT, AGGRAVATED SEXUAL ASSAULT OR INDECENCY WITH A
CHILD WITH SEXUAL CONTACT has the right to request that the defendant, once
indicted, be tested for AIDS/HIV antibodies and other sexually transmitted diseases.
(This only applies to the above listed charges and DOES NOT include Burglary
with Intent to Commit). The ONLY requirement, which must be met BEFORE
requesting the court order, is an indictment on the above listed charges. The
circumstances surrounding the sexual assault such as digital penetration, acquaintance
rape, date rape, marital rape or a prior consensual sexual relationship are not relevant to
the request for a testing order.
AIDS Testing Procedures:
1. Once sexual assault charges are accepted for prosecution the Victim Assistance
Coordinator will mail a packet of information to the victim and/or guardian of the
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victim. A cover letter gives the victim information about the case, the name of their
coordinator and explains the victim’s right to have the defendant tested. Also
included is a form the victim can complete requesting the testing. This form is
mailed back to the coordinator with their Victim Impact Statement.
2. The victim can request the testing any time but the defendant must be indicted before
an order can be signed.
3. The defendant will get a copy of the order. If the victim requests their address not be
included in the order all correspondence related to the testing will be sent in care of
their victim assistance coordinator so the defendant will not have access to their
address.
4. If the defendant is in jail he/she is tested at the Harris County Jail Medical Clinic. If
the defendant is on bond he/she is tested on the 2nd Thursday of every month at the
City of Houston Health Department’s Lyon’s Clinic. There are protocols and
safeguards in place; therefore, the testing date for bonded defendants is not flexible
and special arrangements cannot be made.
5. Once the defendant has been indicted, the coordinator will deliver to the prosecutor a
motion for AIDS testing and the necessary copies of the order. The prosecutor needs
to sign the motion and present all copies of the order to the judge for his/her
signature. Once the judge has signed all orders the prosecutor then gives the orders
to the clerk who will mail them to the people listed in the last paragraph of the order.
The defendant should be in court when the motion and orders are presented so they
can receive their copy of the order. It should also be noted that bonded defendants
need to be at the Health Department no later than 8:00 AM the day of the testing
with a photo ID.
6. The order needs to be signed at least 10 days prior to the testing date so all
appropriate people involved may receive their copy of the order before the testing
date. The Jail and Health Department Clinic cannot test the defendant without a
copy of the order.
nd
7. If there are bonded defendants scheduled for testing on the 2 Thursday of the
month, a representative from the Victims’ Rights Division and an investigator shall
go to the Health Department Clinic to ID the defendant. The investigator will take 2
pictures of the defendant – 1 for the Health Department file, 1 for the return order –
and thumbprint the defendant. The Victims’ Rights representative will copy the
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defendant’s photo ID. The return on the order will be delivered back to the
prosecutor to be kept in the case file.
8. If the defendant fails to appear at the clinic by 9:30 AM or refuses the tests, the
coordinator will notify the prosecutor so he/she can notify the judge that the
defendant did not comply with the order. If the defendant has no photo ID, the test
will be completed but the prosecutor must have the investigator pull the booking
photo and/or fingerprints to compare for identification purposes.
9. If the defendant is in jail, the Jail Clinic will ID those defendants.
(d) Procedures for Mandatory Testing – Testing Defendants who have exposed
POLICE, FIREMEN, PARAMEDICS OR CORRECTIONAL OFFICERS
to HIV, Hepatitis B, Syphilis, or Tuberculosis Section 81.050, Health and
Safety Code
1. ONLY - Officers/Firemen/Paramedics/Correctional Officers (Officer)

possibly exposed to HIV, Hepatitis B, Syphilis, or TB can request that a
person be tested for those diseases; this generally occurs during arrest
situations.
2. The officer shall contact his department liaison if he/she is concerned that
he/she may have been exposed to HIV, Hepatitis B, Syphilis, or TB by the
defendant.
3. The liaison shall instruct the officer to complete a notarized affidavit for the
appropriate health department stating the facts regarding his exposure and
his desire to have the defendant tested. The affidavit shall also describe the
specific contact that occurred between the officer and the defendant. The
liaison shall send the officer’s affidavit to the appropriate health department
(the City of Houston Health Department if the officer is employed by the
City of Houston or the Harris County Health Department if the officer is
employed by the county or any agency outside the Houston city limits). The
liaison shall also forward a copy of the affidavit to the officer’s employer.
4. The Health Department (Dr. Juanetta Mercier or her designee, City of

Houston; or Dr. Carolyn Fruthaler or her designee, Harris County) will
review the affidavit to determine if the fact pattern gives rise to a risk of the
officer contracting the above named diseases.
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5. If the Health Department determines that there was no risk of exposure, the
officer may appeal that decision by requesting the State Commissioner of
Health to conduct an independent assessment. (Address: 1100 W. 49 th
Street, Austin, Texas 78756; telephone- (512) 458-7111).
6. If the defendant is on bond or has not been charged with a crime, and a risk
of exposure to the above-mentioned diseases was determined, the Health
Department will notify the defendant. The defendant is notified by letter to
voluntarily submit to testing at 8 AM on the second Thursday of the month
at the City of Houston Department of Health and Human Services (DHHS),
Lyons Specialty Clinic, 5602 Lyons Avenue, Houston, Texas. A copy of
the letter will be sent to the Clinic Director and to the Director or designated
Victim Assistance Coordinator of the Victims’ Rights Division, Harris
County District Attorney’s Office, in order to maintain the testing schedule.
7. If the defendant is in custody, the Health Department must notify the

defendant by letter to voluntarily submit to testing in the Harris County Jail
Clinic. A copy of the letter will be sent to the Coordinator, Harris County
Jail Clinic, HIV Project, who will deliver it to the defendant.
8. If the defendant is on bond or not charged and REFUSES to voluntarily

submit to testing by failing to appear the Director, Victims’ Rights Division,
Harris County District Attorney’ Office, will notify the appropriate
prosecutor to request an order for testing. For County Court cases, he/she
will notify the Chief of the Misdemeanor Division. For District Court cases,
he/she will notify the court prosecutor assigned to the case. For cases where
no charges have been filed, he/she will notify a District Court Chief on a
rotating basis.
9. If the defendant is in custody and REFUSES to voluntarily submit to testing,

the Coordinator, Harris County Jail Clinic, HIV Project, will contact the
Director, Victims’ Rights Division, and he/she will notify the appropriate
prosecutor to request an order for testing.
10. If the defendant is on bond or has not been charged, the court will order the
defendant to be tested at 8 AM on the second Thursday of the month at the
City of Houston Department of Health and Human Services (DHHS), Lyons
Specialty Clinic, 5602 Lyons Avenue, Houston, Texas.
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11. If the defendant is in jail, the court will order the defendant to be tested at the
Harris County Jail Clinic.
12. The Court Order must be signed by a District Court Judge even if it is a
County Court case or charges have not been filed.
13. Whether the defendant submits voluntarily or is tested as a result of a court

order, the results will be made available to the officer as follows:
 By the Harris County Jail HIV Program, if the defendant is in custody,

regardless of where the officer is employed.
 By the City of Houston Health Department if the officer is a city
employee and the defendant is on bond or not charged.
 By the Harris County Health Department if the officer is a county
employee or an employee of an agency outside of the city limits and the
defendant is on bond or not charged.
(c) Victim Waiting Room
Under Article 56.02(a) (8), Texas Code of Criminal Procedure, victims of violent crime
have the right ―to be provided with a waiting area, separate and secure from other
witnesses, including the offender and relatives of the offender; if a separate waiting area
is not available, other safeguards should be taken to minimize the victim’s contact with
the offender and the offender’s relatives and witnesses before and during court
proceedings‖.
Location: 20th floor, Room 20104, 1201 Franklin, Criminal Justice Center
Hours: 9:00 AM to 4:30 PM, Monday- Friday
Telephone: 755-5458 (reserved for prosecutors only)

755-5922 (general number)
General Information:
 Staffed by a Victim Assistance Coordinator on a daily basis

 Seating for 25
 Radio, television, VCR, video games, books, magazines, board games
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 Private Restroom
PLEASE NOTE:
Children cannot be left unattended in the waiting room. An adult must remain with
them in the room at all times.
Defense Witnesses cannot use the Waiting Room.
SECTION 3.20 CHECK FRAUD DIVISION
The Check Fraud Division is responsible for coordination of all ―worthless check‖
related prosecutions, that is, theft cases in which a check has been used as the means of
deception, whether the value of the property appropriated is a misdemeanor or felony
jurisdictional amount. The division maintains an extensive history on persons who write
bad checks to secure goods or services and makes punishment recommendations for all
misdemeanor prosecutions to the Trial Bureau. It handles all felony theft by check cases
through disposition, whether by plea or trial.
(a) Division Chief
The Chief of the Check Fraud Division reports to the Chief of the Public Service and
Infrastructure Bureau. He supervises and evaluates all personnel assigned to the Check
Fraud Division. He approves all attendance reports (―timesheets‖) of those personnel
under his supervision. He approves or disapproves all matters relating to the filing of
check fraud prosecutions. He presents, or supervises the presentation of all felony check
fraud cases to the Grand Jury and provides assistance to the Trial Bureau prosecutors on
check fraud prosecutions where appropriate. He ensures that all reports, records and
statistical information relating to the operation of the division are maintained. He
represents the District Attorney’s Office in presentations and provides other assistance
to the business community.
(b) Assistant District Attorney
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The prosecutor assigned to the Check Fraud Division makes court appearances on check
fraud cases, presents felony check fraud cases to the Grand Jury, and performs other
prosecutorial duties as directed by the division chief.
(c) Investigator
The investigator assists in investigation of cases being reviewed for filing, and also
investigates cases needing further investigation after filing. The investigator assists in
the location and arrest of defendants with open warrants.
(d) Administrative Assistants
The Administrative Assistants assigned to the Check Fraud Division perform the usual
duties of legal secretaries, including acting as receptionists, typists, as well as
performing clerical activities. The duties of these secretaries include the preparation and
filing of misdemeanor complaints and information’s, preparation of felony pleadings,
interviewing and assisting complainants in the filing of criminal charges, assembly of
the daily misdemeanor docket for the Trial Bureau prosecutors. They are responsible for
the preparation of all records, reports, and other statistical information under the
direction of the chief of the division.
(e) Interns
The interns interview complainants and screen incoming cases. They assist the chief of
the division as directed in the preparation of cases for filing. In addition, the intern is to
assist the secretaries in administrative activities such as answering the telephone and
filings.
(f) Policy Considerations
In misdemeanor check cases, the Check Fraud Division will set all recommendations.
These plea recommendations are to be followed by County Court prosecutors. If there is
good reason shown for change by the trial attorney assigned to the case, then the Chief
prosecutor of that court may change the recommendation ONLY, if in his opinion there
is no other way to make the State’s case.
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If the trial prosecutor anticipates difficulty in locating a necessary witness, he shall
contact the Check Fraud Division to determine: (1) whether additional information is
available to obtain the appearance of the witness; and (2) whether or not other cases
may be filed prior to the time the defendant is released from his present bond.
When the defendant is entering a plea and the recommendation is probation, with
restitution being a condition of probation, the trial prosecutor shall do as follows:
1. Review the cover sheet of the file for a list of the complainants of which the Check
Fraud Division was aware at the time the defendant first posted bond.
2. Call the Check Fraud Division to ascertain whether the defendant has paid any
restitution during the pendency of the case, or whether other checks have been
submitted during that time. The Check Fraud Division will be able to give a list with the
most current restitution amounts for each defendant.
3. When the defendant enters his plea, this list should be given to the court with the
request that it be incorporated as a part of the judgment of conviction, and the defendant
be ordered to make payment to the Harris County Community Supervision Department.
The list will typically include an amount to be paid to the Harris County District
Attorney’s Office. This is a statutorily authorized payment pursuant to C.C.P., article
102.007. If probation is granted, the fee will become a part of the total restitution to be
made through the probation department. Do not waive the statutory fee.
In the event that a case is dismissed, the full and complete reason or reasons for the
dismissal shall be clearly explained, except in cases where the dismissal was
recommended by the Check Fraud Division.
All cases which are sent over for the daily docket must be returned to the Check Fraud
Division that day with proper notation as to disposition. Should the case be set for trial,
or should there be a task to be performed between settings that require reference to the
file, the prosecutor should copy the check fraud file for his use, thus allowing ample
time for study and issuance of subpoenas prior to trial date.
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CHAPTER 4 GOVERNMENTAL INTEGRITY BUREAU
4.1. General
The District Attorney is responsible for enforcing the criminal law statutes as they
apply to public servants acting under the color of law in the District. The Governmental
Integrity Bureau, comprised of the Public Integrity Division, the Police Integrity
Division and the Grand Jury Division, is the component of the District Attorney’s
Office charged with the responsibility of fulfilling that enforcement role on behalf of the
District Attorney. The District Attorney considers all matters that come within the
authority of the Public Integrity Division, Police Integrity Division and the Grand Jury
Division to be sensitive in nature and as such those matters will not be discussed with
anyone outside the respective Divisions unless they are specifically designated by the
District Attorney or the First Assistant District Attorney to be exempted from this
mandate. It is presumed that all individuals or entities that initiate, refer, participate in
and/or investigate matters in conjunction with the Governmental Integrity Bureau will
honor, in letter and spirit, the sensitivity mandate of the Bureau. In that regard, it is
mandatory that any statement intended to be issued by any person within the Bureau to
the general public or press release concerning any subject within the scope of
responsibility of the Bureau be in writing and approved by the Division Chief, who will
in turn refer the statement or press release to the District Attorney, the First Assistant
and the Public Information Office.
4.2. Chief of Governmental Integrity Bureau
The Chief of the Governmental Integrity Bureau exercises general control and
supervision over the daily operation of the divisions and components that comprise the
Bureau. The Bureau Chief, under the supervision of the District Attorney and the First
Assistant District Attorney, is generally responsible for initiating, conducting and/or
supervising the matters, investigations, and cases that come within the purview of the
Bureau’s responsibilities. Because of the extremely sensitive nature of the issues
involved, close consultation between the Bureau Chief, the District Attorney and First
Assistant District Attorney is of prime importance. The Bureau Chief shall direct
investigations involving public officials and other sensitive matters assigned by the
District Attorney or First Assistant District Attorney. The Bureau Chief has authority to
initiate investigations, to dismiss cases, decline matters for further investigation, oversee
recommendations in exchange for pleas of guilty in cases and insure that certain security
measures are in place to protect to the integrity of sensitive files within the Bureau. No
proactive investigations or sting investigations in the bureau shall be initiated without
the express written authorization of the Bureau Chief.
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The Bureau Chief is the immediate supervisor of the Division Chiefs in the
Bureau. The Bureau Chief shall evaluate the Division Chiefs’ performance semi-
annually and report those evaluations to the First Assistant. The Bureau Chief shall
oversee the evaluations of all personnel within the Bureau.
4.3. PUBLIC INTEGRITY DIVISION
It is the function of the Public Integrity Division to investigate and prosecute any type of
offense committed by a public official or public servant acting under color of law except
those handled by the Police Integrity Division. These crimes include, but are not limited
to, theft by a public servant, frauds, perjury, bribery, tampering with government
records, official oppression and official misconduct. The division shall be responsible
for investigation and prosecution of violations of the Election Code.
(a) Division Chief
The Division Chief directs the operations of the Public Integrity Division. The Division
Chief reports to the Governmental Integrity Bureau Chief. It is the duty of the Division
Chief to supervise the personnel in the division, direct investigations, make case
assignments, and supervise the management and prosecution of investigations and
prosecutions in the division. The Division Chief shall approve recommendations on
pleas of guilty or no contest subject to the final approval of the Bureau Chief and First
Assistant. The Division Chief shall keep the Bureau Chief informed as to the progress of
investigations and prosecutions within the division. The Division Chief shall advise the
District Attorney, First Assistant and Bureau Chief of investigations involving elected
public officials.
Assistant District Attorneys assigned to this division handle the investigation and
prosecution of any matter involving the criminal misconduct of a public official or
public servant in connection with his/her official duties. Investigations may be
conducted unilaterally within the division or in conjunction with various law
enforcement agencies throughout the county.
Attorneys are available, 24 hours a day, seven days a week to advise and assist in
investigations. Attorneys are responsible for organizing the presentation of evidence to a
grand jury, including the examination of witnesses before the grand jury. During an
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investigation, the Assistant District Attorney is responsible for securing records,
documents and other items of evidentiary value by grand jury subpoena or search
warrant as may be necessary to investigate allegations of criminal activity.
Assistants assigned to the Division must be aware of the sensitive nature of the
investigations which they are conducting and should govern their inquiries accordingly.
Assistants should carefully consider the potential public impact of any statement to the
press and follow the procedures described in Section 4.1 above.
Assistants assigned to the Division will be required to coordinate with many

governmental agencies, both in receiving complaints and in gathering information in the
investigation of complaints. Those agencies and their personnel shall be treated with
proper courtesy and respect.
The Division Chief, Bureau Chief, First Assistant and District Attorney shall be notified
of the filing of charges on any public official.
(c) Fraud Examiner
The Fraud Examiner is responsible for assisting the Assistant District Attorney who is
handling a Public Integrity Division investigation by obtaining relevant financial
information and documents (primarily through use of a grand jury subpoena),
examining that information and presenting the appropriate analysis and conclusions.
Fraud Examiners may assist the Assistant District Attorney with interviews of
complainants and targets as requested. The Fraud Examiner may also assist with the
interpretation of lengthy records such as those of cellular telephones. Finally, the Fraud
Examiner is responsible for preparing compilations and summaries as well as visual
exhibits for use in trial. The Fraud Examiner will testify as needed.
(d) Investigators
Investigators assigned to the Public Integrity Division shall be responsible for

conducting investigations, preparing and serving subpoenas, interviewing complainants
and witnesses. Investigators shall assist the Assistant District Attorney in presenting
evidence and information to a grand jury. Investigators shall assist other law
enforcement agencies who seek advice on investigations concerning public servants and
public officials.
(e) Administrative Assistant
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The Administrative Assistant shall be responsible for answering all telephone calls to
the Public Integrity Division. The Administrative Assistant shall maintain the Public
Integrity Division database by entering all investigations and pending cases and
maintaining the current status of each. The Administrative Assistant is responsible for
using the database to produce end-of-month reports for the division which shall be
distributed to the Division Chief and Bureau Chief. The Administrative Assistant is
responsible for maintaining a copy of all Grand Jury subpoenas issued by the Public
Integrity Division and the returns. The Administrative Assistant is responsible for
preparing all charges to be filed or presented to a grand jury by an Assistant District
Attorney of the Public Integrity Division.
4.5. POLICE INTEGRITY DIVISION
INTRODUCTION
The Police Integrity Division is responsible for administering the provisions of

Chapter 39 of the Penal Code and the administration of the policies and procedures of
Chapter 4 of the Operations Manual with regards to shootings or serious injuries
involving peace officers, any form of detention officer, and any person acting as a law
enforcement officer under the laws of the State of Texas.
The Police Integrity Division shall further investigate and administer the
applicable law upon any incident, or complaint, of a peace officer’s, any form of
detention officer’s, or any person acting as a law enforcement officer, under the laws of
the State of Texas, use of force, or alleged use of force, against any person.

(a) Chief of the Police Integrity Division
The Chief has the responsibility of executing and supervising the functions and
procedures of the division. The Chief is responsible for insuring the completion of all
investigations and trials that may result from those cases assigned to the division. The
Chief shall report to the District Attorney, the First Assistant and the Governmental
Integrity Bureau Chief and keep them advised of the status of all matters within the
Division's area of concern. The Chief shall evaluate personnel of the division and make
reports of such evaluations to the First Assistant. The Chief of the Division shall be a
member of the Emergency Law Enforcement Assistance Committee. The Chief shall
see that all Division personnel maintain current reports in file on their investigation
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activities. The Division Chief shall call on the Felony Division Chiefs for assistance or
the Chief of Investigators for additional investigative assistance if necessary.
(b) Assistant District Attorneys

The Assistant District Attorneys assigned to the Police Integrity Division shall
conduct assigned investigations and maintain up-to-date, accurate reports of their
activities. They shall keep the Division Chief advised of the status of all pending
investigations and handle grand jury presentation and trial of those matters as assigned.
They shall consult with the Division Chief on all recommendations for grand jury
action, if one is to be made.
(c) Investigator
The Investigators assigned to the Police Integrity Division shall report to the
Division Chief. They shall be responsible for conducting investigations, serving of
subpoenas, interviewing witnesses, and the general investigative functions of the
Division. They shall report to the assistant supervising the investigation the progress
being made and status of their assignments, seeking guidance as to what additional steps
should be taken. They will make certain files are complete and up-to-date by
supplementing the file with memoranda of his activities and findings. All investigative
acts shall be reduced to writing and filed with the case. They shall not proceed with an
investigation without first receiving an assignment from the Division Chief or from the
Assistant who is handling the file.
The work product of the investigators reflects directly on the Division and
ultimately on the entire office and each investigation shall be pursued diligently,
professionally and with common sense.
(d) Secretary
The secretary for the Division shall report to the Division Chief. This individual
shall be responsible for the daily operations of the office by attending to oral and written
communications with the Division, maintenance of filing systems and generally
function as a professional legal secretary. Under the direction of the Division Chief, she
is responsible for the security of files, preparation of memoranda and other documents
that comprise the investigative files, as well as routine pleadings and legal documents.
4.7. GENERAL POLICIES AND PROCEDURES

Investigations of shootings or serious injuries involving police officers will be
handled as provided in Chapter 4 of the Operations Manual.
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Complainants who contact the District Attorney's office to complain of other
conduct by peace officers will be handled in accordance with the following procedures:
(a) An interview with the complainant will be conducted by Police Integrity Division
personnel to ascertain the nature of the complaint.
(b) If the complaint deals only with violations of departmental policies of the agency
involved, the complainant will be referred to the appropriate division of that
agency and no file will be created within the Police Integrity Division.
(c) If the complaint states a violation of the law, a file will be opened and a summary
of the alleged violation shall be prepared. The summary of the alleged violation,
along with a contact letter to the agency involved, will be forwarded to the
internal investigating unit of the agency involved, and the complainant shall be
referred to that same internal investigating unit for an internal affairs
investigation, except for those instances discussed in (d) below.
(d) Some complaints may be of such a nature that the Chief of the Division may seek
the consent of the District Attorney, the First Assistant, or the Bureau Chief of
Governmental Integrity to conduct the initial investigation within the Division, in
lieu of referring the matter to the agency concerned.
(e) If the matter is referred for investigation, the prosecutor making the referral shall
require that the agency to which the matter has been referred report its findings to
this Division in a timely manner. The files shall be maintained to insure that
reports are received from the investigating agency in an appropriate and timely
fashion. When such reports are received by this Division, they shall be
supplemented with any necessary investigation by Division personnel. Upon
completion of the investigative file, action shall be taken as soon as practicable,
i.e., file closed, or grand jury presentation, where justified by the facts.
(f) During the course of the investigation by the Police Integrity Division, the
investigating police agency shall be informed of any additional witnesses,
evidence, discrepancies, or any other matters which may reflect on the integrity of
the agency's own findings. Documentary evidence, including statements, may be
made available by the Police Integrity Division to the police agency if the
Assistant District Attorney handling the investigation believes it will not interfere
with the independence of the Police Integrity Division investigation. This rule is
constrained by the limitations placed on the release of information by Stern v.
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Ansel ex Rel, 869 SW 2nd 614. See Section 20.02, Texas Code of Criminal
Procedure.
(g) In all cases involving a peace officer's criminal conduct, the "target" officer shall
in all things be treated as a defendant. In those matters requiring a grand jury
presentation, the "target" officer shall be invited to appear, and shall be accorded
all the procedural due process rights of a defendant.
(h) Peace officers who are witnesses in such investigations may be subpoenaed or
interviewed by the Assistant District Attorney in accordance with established
procedures as in the case of any witness. Should it appear from any source that
such "witnesses‖ may become "targets" they shall thereafter be treated
procedurally as "defendants.‖
(i) When a peace officer becomes a target of an investigation, and the peace officer’s
alleged conduct may have become BRADY material that should be released to
the defense on any criminal case pending that involves the target officer, the
Assistant District Attorney handling the investigation shall make a determination
if the target officer’s alleged conduct falls within BRADY,(i.e.-the target officer’s
alleged conduct may involve a crime of moral turpitude or allegations of
untruthfulness/perjury).
If an Assistant District Attorney handling the investigation makes an initial

determination that the target officer’s alleged conduct may potentially be BRADY
material, the Assistant District Attorney shall immediately notify the Police
Integrity Division Chief, the Bureau Chief of Governmental Integrity, the First
Assistant, the General Counsel and the District Attorney.
After staffing the target officer’s alleged conduct with the above administrative
personnel, the Assistant District Attorney handling the investigation shall make
the determination that the target officer’s alleged conduct falls within the
following three categories:
(1) The investigation determines that probable cause exists that the
target officer has committed a felony, a crime of moral turpitude or been
untruthful, or committed perjury;
(2) The investigation has not progressed to the point that probable cause
has developed that the target officer has committed a felony, a crime of
moral turpitude, been untruthful, or committed perjury, and the target
officer is AWARE that he/she is under investigation for the alleged
conduct;
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(3) The investigation has not progressed to the point that probable cause
has developed that the target officer has committed a felony, a crime of
moral turpitude, been untruthful, or committed perjury, and the target
officer is UNAWARE that they are under investigation for the alleged
conduct.
If the Assistant District Attorney handling the investigation determines that the
target officer’s alleged conduct falls within either (i)(1), or (i)(2), the Assistant
District attorney handling the investigation shall immediately inform all Bureau
Chiefs, the First Assistant and the District Attorney via email or interoffice memo
of the potentially BRADY material, for dissemination to the defense.
If the Assistant District Attorney cannot readily make a determination that the
target officer’s alleged conduct falls within any of the above three categories, the
Assistant District Attorney shall immediately seek guidance and counsel from the
Police Integrity Division Chief, the Governmental Integrity Bureau Chief, the
General Counsel, the First Assistant and the District Attorney
It shall be the policy of this office that the basic investigative function shall be
conducted by the responding agency; however, the ultimate disposition of the
investigation is the responsibility of the Office of the District Attorney, and that
responsibility shall be discharged in accordance with law by the Police Integrity
Division.
(j) It is mandatory that any statement intended to be issued by any person within the
Division to the general public or press release concerning any subject within the
scope of responsibility of the Division be in writing and approved by the Division
Chief, who will in turn refer the statement or press release to the District
Attorney, the First Assistant and the Public Information Office.
4.8. HOMICIDES AND SERIOUS INJURIES TO CITIZENS BY LAW

ENFORCEMENT OFFICERS
When any person is killed or seriously injured by the voluntary act of any law
enforcement officer engaged in the performance of his official duties the following
procedures shall be followed:
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(a) When the circumstances above become known to any member of the Office of
District Attorney, they shall immediately report the same to the on-duty-
investigator/dispatcher in the Communications Division of the office. This
investigator/dispatcher shall log such incident and its identifying data on a Police
Integrity Shooting Report and forward that report to the Chief of the Police
Integrity Division.
(b) The investigator receiving the report of such incident shall immediately notify the
Chief of the Police Integrity Division, or the Police Integrity Division prosecutor
who is on-call, and the Police Integrity Investigator on call. The prosecutor so
notified shall assume the ultimate responsibility for disposition of the particular
incident. The decision to go to the scene of the incident shall be made by the
Police Integrity prosecutor notified, or the Police Integrity Investigator on call, in
the event of an in custody death.
(c) Personnel from this office shall not interfere or interrupt the investigation being
conducted by the responding agency; provided however, suggestions with regard
to witnesses, evidence gathering, etc. may be made to the senior investigator of
the police agency conducting the investigation where required, or as may be
requested by such agency.
(d) No peace officer, who is acting in the course of his official duties, shall be
charged without consultation with the District Attorney, the First Assistant, the
Bureau Chief of Governmental Integrity Bureau or in their absence, the Chief of
the Police Integrity Division.
(e) During the course of the investigation by the Police Integrity Division, the
investigating police agency shall be informed of any additional witnesses,
evidence, discrepancies or any other matter which may reflect upon the integrity
of the agency's own findings. Documentary evidence, including statements, may
be made available by the Police Integrity Division to the police agency if the
Assistant District Attorney handling the investigation believes it will be not
interfere with the independence of the Police Integrity Division investigation.
There are constraints placed on this rule by Stern v. Ansel ex Rel, 869 SW2nd
614. See also Section 20.02, Texas Code of Criminal Procedure, as amended by
the 74th Legislative session.
(f) The Chief of the Police Integrity Division or the assigned Assistant District
Attorney shall begin the investigation immediately upon receipt of notice of an
incident. The assigned Assistant District Attorney shall assume full responsibility
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for the investigation, the Grand Jury presentation, and the trial of the case in the
event of an indictment.
(g) The Police Integrity Division Chief shall keep the District Attorney, First
Assistant, and the Bureau Chief of Governmental Integrity informed of the
progress of the investigation.
(h) The Police Integrity Division Chief or Assistant District Attorney handling the
investigation shall conclude the investigation, including Grand Jury presentation,
as soon as reasonably practicable.
(i) The Police Integrity Division Chief shall work closely with any investigation
being conducted by any other law enforcement agency; however, the assigned
Assistant District Attorney shall conduct his own independent investigation in
addition to any other agency’s investigative efforts. He shall obtain all
photographs, a complete autopsy report, and initiate such tests and examinations
he deems appropriate and necessary under the circumstances. A copy of all
offense reports, supplements, statements and any other relevant material will be
requested by the assigned Assistant District Attorney. The assigned Assistant
District Attorney assigned to the investigation shall interview all relevant
witnesses to the incident independently of the investigating police agency.
(j) The assigned prosecutor shall encourage the grand jury to have all eye witnesses
to the incident testify in person. This shall include law enforcement personnel
involved in the incident unless the individuals have announced their intention not
to voluntarily appear and intend to invoke their privilege not to testify under the
Constitution and laws if required to appear. It is the intention of this office not to
force a ―target" to appear knowing that the witness/target intends to invoke his or
her privilege not to testify. Obviously, the grand jury, on their own motion, may
require an appearance knowing that the witness/suspect intends to invoke a
privilege.
(k) All other rules concerning notification of the law enforcement agency, together
with policies, and practices before the Grand Jury shall be followed.
(l) At the conclusion of such investigation a written summary of the incident

including, disposition before the grand jury shall be placed in the appropriate
investigative file and the file shall be maintained by the Police Integrity Division.
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(m) The same guidelines and policies, with respect to the level of decision making in
the disposition of public officials, shall apply to all investigations conducted by
this Division.
4.9. SPECIAL AREAS OF CONCERN INVOLVING PEACE OFFICERS
In addition to the above responsibilities, the Police Integrity Division of this

office shall be responsible for those special areas of the law dealing with peace officer
licensing requirements.
4.10. GRAND JURY DIVISION
The grand jury is an independent body of citizens that are statutorily charged with the
responsibility of determining whether or not there is probable cause to believe from the
evidence that a person should be formally charged with a criminal offense. It is the
statutory duty of the district attorney to advise and counsel the grand jury in their
responsibilities. In that regard, the Grand Jury Division is the component of the District
Attorney’s Office that fulfills that responsibility on behalf of the District Attorney.
Once the prosecutor has made a full, fair and accurate presentation of the available
evidence and made his recommendation as to the return of an indictment, his task is
finished insofar as the grand jury is concerned. A well prepared assistant district
attorney and a well informed grand jury should come to the same conclusion in most
instances, however, the grand jury must make their determination independently, and
their findings may conflict with the prosecutor’s recommendation.
The independence of the grand jury and their obligation to vote in accordance to their
oath shall always be respected by the prosecutor. The demeanor of the prosecutor
should always be courteous, respectful, and businesslike. Grand juries want and deserve
facts and not opinions. The prosecutor shall be well-organized, specific and articulate in
his presentation of the cases. The prosecutor shall present the case in a clear and
understandable manner keeping in mind that most grand jurors are intelligent but not
learned in the law.
The assistant district attorney presenting cases to the grand jury must make a full and
fair disclosure of all material facts and main principles of law applicable to the case.
This includes not only incriminating evidence, but also facts and circumstances which
mitigate against the guilt of the accused.
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The prosecutor shall not misrepresent any facts. If an assistant does not know the
answer to a question propounded by one of the members of the grand jury, he shall offer
to find the answer if reasonably possible.
If an assistant considers a request unimportant or immaterial, he shall keep such opinion

to himself, unless specifically asked by the grand jury, and shall nevertheless attempt to
obtain whatever information or evidence the grand jury desires in the exercise of their
duties.
If a witness is of critical importance and information in the file is incomplete, the

prosecutor shall subpoena the witness or send an investigator to record and interview or
take a statement from the witness.
In a case where the prosecutor has a reasonable doubt as to the guilt of the accused and
where the facts or circumstances require the case be presented to a grand jury, a
defendant shall be released from custody while waiting to have their cases presented to
a grand jury.
If an investigation is complex or involved, place the lead investigating officer before the
grand jury so that they can better understand the complete investigation. Give such
officer ample time to prepare and tell the officer in advance why he is needed to
personally appear.
Discuss with the officer, in advance of his appearance, those areas with which the
officer should be generally familiar. It may be better to build a strong case, or to
dispose of a weak case by no-bill, than to waste the court’s time with a case that cannot
be sustained at trial. The grand jury may be the proper forum to determine whether or
not there is reasonable possibility of success at trial.
Fairness and objectivity is the key to any presentation that will ultimately serve the ends
of justice. The prosecutor must always be mindful that his primary goal is to see that
justice is done. Remember: 1) the defendant is not in the grand jury room, 2) the
defendant is not confronted by witnesses, 3) his attorney is not present, 4) there are no
formal rules of evidence, and 5) there is no judge to protect his rights. The prosecutor
should be interested in ascertaining the truth.
The prosecutor should encourage, not discourage, the grand jury to hear from the
defendant or any other fact witness on behalf of the defendant. Often the appearance of
a defendant or of a defense witness will result in justice being served. If the grand jury
believes the defense theory propounded by the accused, they will in all likelihood return
a no-bill. If the grand jury does not find such witnesses credible, the State will have the
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benefit of such testimony before the grand jury when it comes time for trial, and such
witnesses will be bound thereby.
An assistant shall not volunteer the prior criminal record of the accused except in a few
limited circumstances. If the prior convictions are jurisdictional (necessary for the case
to be a felony) they shall be disclosed. Further if the convictions are used for
enhancement purposes, they likewise shall be volunteered to the grand jury. In the
event that the convictions are relevant for some other reason (possible motive for felony
evading, etc.) they likewise should be disclosed to the grand jury. In most other
situations, only if the grand jury asks about prior criminal record of the accused shall we
disclose the information to the grand jury. In the latter situation, the grand jury should
be informed that the law does not allow for most prior convictions to be used for the
purpose of determining probable cause.
An assistant district attorney shall always be open and honest in his presentation of
cases, to the end that justice will be achieved from the grand jury’s deliberations.
A prosecutor shall read and follow the principals established in the grand jury manual
published by the District Attorney’s Office. Understand the function, nature and
purpose of the grand jury. Remember to explain the substantive law and the rules of
evidence the grand jury as the facts of the case. Any prosecutor presenting a case to the
grand jury shall be responsible for the correctness of the pleading, including any
enhancements thereto.
No prosecutor may re-present a case that has been previously no-billed without the
express permission of the District Attorney.
A case that has been true-billed, but is being represented because of errors in the
pleadings, shall in all things be presenting as an original case. Such a case shall be
presented to the grand jury as if no presentation had ever before been made unless the
grand jury hearing the case is the same grand jury that heard the original true-bill. The
subsequent grand jury shall be informed of the prior presentation however.
All cases presented to the grand jury, whether filed or direct, must have been first
entered into the DIMS system.
In the event that a grand jury initiates an independent investigation, the assistant shall
immediately notify the Chief of the Grand Jury. The Chief shall immediately notify in
writing the Bureau Chief of the Government Integrity Bureau as well as the First
Assistant District Attorney.
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No assistant of the Grand Jury Division shall initiate an investigation without first
notifying the Chief of the Grand Jury Division, who shall in turn notify the Bureau
Chief of the Government Integrity Bureau before any action shall commence.
The Bailiffs of the Grand Jury are not employees of the District Attorney’s Office.
They are commissioned peace officers employed by Harris County Constable Precinct
1. Their statutory duties are to obey the instructions of the foreman, to summon all
witnesses and generally, to perform such duties as the foreman may require. Bailiffs at
all times shall be accorded respect and courtesy.
It is mandatory that any statement intended to be issued by any person within the Grand
Jury Division to the general public or press release concerning any subject within the
scope of responsibility of the Division be in writing and approved by the Division Chief,
who will in turn refer the statement or press release to the District Attorney, the First
Assistant and the Public Information Office.
(a) Chief of Grand Jury
The Chief of the Grand Jury Division shall supervise the operation of the grand jury
assistant district attorneys, the Grand Jury investigator, court reporters, interns and
administrative assistants assigned to the division. The Chief shall coordinate and
supervise the scheduling of the agendas and be liaison with the Grand Juries. The Chief
shall report directly to the Bureau Chief of the Government Integrity Bureau.
The Chief of Grand Jury Division will personally present all direct-to-grand jury
homicides that come through the Intake Division. The Chief shall work closely with the
Chief of the Intake Division to make sure that the Intake Division receives the
assistance of additional prosecution personnel when needed. The Chief shall also be
responsible for training the Assistant District Attorneys assigned to the division in the
proper investigation, preparation and presentation of matters to the grand juries. The
Chief of the Division shall provide assistance to prosecutors in the Trial Bureau in the
preparation and presentation of matters to the grand juries.
The assistant district attorneys assigned to the grand jury division will present all filed
felony cases to the grand jury on a regular basis ensuring that the age of a filed case
stays to its youngest possible age. It shall be the assistant’s responsibility to monitor the
age of cases assigned to him or her and report to the Chief any issues with cases over
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sixty days old. The Chief shall immediately be informed of any cases which were
assigned to them which reach 90 days old. The grand jury prosecutors shall not present
witnesses to the grand jury but will inform the trial court prosecutor of any cases where
the grand jury has requested witnesses or where the defense has requested witnesses to
testify. Errors made by the grand jury prosecutor in the form of pleadings shall be
corrected by the grand jury prosecutor. The assistant shall supervise all work being
performed by the intern(s) assigned to them.
(c) Interns
The grand jury interns will assist the grand jury assistant district attorneys and
secretaries in the preparation and presentation of all cases assigned to the grand jury.
After the grand jury assistant district attorney has screened a case, the interns will obtain
all required and requested documents for indictment, order all laboratory reports,
offense reports, etc. and distribute all indicted cases to the District Courts after grand
jury action.
The administrative assistants shall have the responsibility of reporting the attendance for
the division personnel. The administrative assistants will receive the felony files from
the district court secretaries the day following the PIA (24 hour) hearing and will type
control index cards for each file with all pertinent information and maintain an
alphabetical card file for cases pending grand jury.
Cases will be assigned to the assistant district attorneys according to a schedule

developed by the Division Chief. This assignment will be indicated on the control card.
If a file is removed from the division, a note will be made on the control cards
indicating the same. It is the grand jury secretary who is primarily responsible for
accounting for the location of all grand jury files. The grand jury secretaries shall assist
the trial court secretaries in locating files within the grand jury division when necessary.
After receiving the prepared files from the assistant district attorneys, the secretaries
will prepare the agenda and the 15 copies, prepare the indictments for presentation to
the grand jury, and make any pleading corrections as directed by the assistant district
attorney. The secretary will take these cards from the pending file and dispose of them.
(e) Court Reporters
Court reporters are under the supervision of the Chief of the Grand Jury Division. The
courts reporters shall be responsible for recording grand jury testimony, examining trial
testimony, and any statements requested in machine shorthand fashion. Each reporter is
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responsible for the logging and safe-keeping of shorthand notes taken, the transcription
of said notes when requested, and maintain an entry book for all grand jury testimony,
and statements. The court reporters are solely responsible for operating all recording
equipment within the grand jury rooms.
The Chief of the grand jury division may appoint one of the court reporters as a
supervisor. This supervisor will ensure that all rules are followed including those
related to attendance and dress.
(f) Intern at the Institutional Division
This individual is physically located in Huntsville at the sight of the institution. This
person will obtain pen packets that are requested by personnel in this office.
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CHAPTER 5 SPECIAL PROSECUTIONS BUREAU

(a) Bureau Chief
(b) Technical Surveillance Investigator
(c) Supervising (Lieutenant) Investigator
(d) Investigators
(e) Administrative Assistant to the Special Prosecutions
Bureau Chief
SECTION 5.3 GENERAL PROCEDURES

(a) Opening an Investigation
(b) File Management
(c) Presentation before the Grand Jury
(d) Closing File
(e) Pro-Active Investigations
SECTION 5.4 FINANCIAL CRIMES DIVISION

I. Division Chief
II. White Collar Section

(a) Section Chief
(c) Fraud Examiners
1. Chief Fraud Examiner
2. Fraud Examiners
(d) Investigators
1. Lieutenant/Supervising Investigator
2. Investigators
(e) Administrative Assistants
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III. Consumer Protection Section
(a) Section Chief
(c) Investigators
(d) Fraud Examiners
(e) Paralegals
(f) Administrative Assistants
(g) Interns
IV. Identity Theft Section

(a) Section Chief
(c) Investigators

(a) Division Chief
(c) Administrative Assistants
I. Narcotics Section
(a) Section Chief
II. Special Policies and Procedures

(a) Narcotics Cases
(b) Agreements with Cooperating Individuals
(c) Trap & Trace / Pen Register / Cell Phone Orders
SECTION 5.6 Digital Forensics Investigators Section

(a) Supervising Investigator, Digital Forensic Investigations
(b) Investigator, Digital Forensics Investigations
SECTION 5.7 Vehicular Crimes Section (VCS) and Vehicular Assaults/Traffic

Safety (VATS)
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(a) Duties of VCS (all cases filed on or after June 2, 2008)
(b) Vehicular Crimes Cases to be handled by VCS
(c) Duties of Vehicular Assault/Traffic Safety Team (VATS)
(d) Trial Bureau Vehicular Crimes Cases
(e) Vehicular Crimes Section Chief
(f) Assistant District Attorney
(g) Police Liaison Investigator
(h) Administrative Assistant
(i) Interns
(j) Miscellaneous
SECTION 5.8 Cold Case/Fugitive Apprehension Section

(a) Section Chief
(b) Investigator
(c) Administrative Assistant
SECTION 5.9 Animal Cruelty Section

(a) Section Chief
(c) Investigator

(a) Division Chief
(d) Intern

(a) Division Chief
(d) Intern
SECTION 5.13 SPECIAL PROSECUTIONS BUREAU EXPENDITURES

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SECTION 5.14 AVAILABLITY OF PERSONNEL
The Special Prosecutions Bureau is the major investigative unit in the Office of the
District Attorney and is composed of the Financial Crimes Division, which include
White Collar Crimes, Consumer Protection, and Identity Theft Sections; Major
Offender Division, which includes Major Narcotics; Vehicular Crimes Section, Cold
Case/Fugitive Apprehension Section, Animal Cruelty Section; Digital Forensics
Investigation; Public Assistance Fraud Division, and the Environmental Crimes
Division. Whether an investigation originates in the office or with some other agency or
private entity, the primary function of the lawyer assigned to the particular matter is to
investigate the facts and prepare the investigation for Grand Jury presentation and trial.
The prosecutor handling the investigation is responsible for the case through Grand Jury
presentation. If the case is not handled within the Special Prosecutions Bureau after
indictment, the case must be ready for trial at the time of Grand Jury presentation and a
summary of the facts shall be prepared by the Special Prosecutions prosecutor and
included in the file prior to Grand Jury presentation.
SECTION 5.2. JOB DESCRIPTIONS
(a) Bureau Chief
The Chief of the Special Prosecutions Bureau is in charge of the overall operation of the
Bureau and supervision of each division and section within the Bureau. It is his/her
responsibility to act as the office's liaison with law enforcement and other agencies as
they relate to the prosecutor. The Bureau Chief reports to the District Attorney and First
Assistant and shall keep them informed of the Bureau's activities and operations. The
Chief shall direct investigations involving sensitive matters that may be assigned by the
District Attorney or First Assistant. The Bureau Chief will try and assist in the trial of
cases within his discretion or that may be assigned by the District Attorney. The Bureau
Chief is the chief financial administrator for the various special funds assigned to the
Bureau. The Bureau Chief is responsible for the presentation, collection and submission
of the various activity reports of the Bureau. The Bureau Chief has the authority to
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dismiss cases, oversee recommendations on pleas of guilty and make recommendations
on grants of immunity, the latter being with the consent of the District Attorney. The
Bureau Chief reviews and makes recommendations on informant contracts with the final
approval from the First Assistant or the District Attorney. The Bureau Chief ensures
that the case distribution among the lawyers in the Bureau is equitable and along with
the Division and Section Chiefs assigns some of the cases within the Bureau for
investigation and trial.
(b) Technical Surveillance Investigator
The (Captain) Investigator of the Special Prosecutions Bureau shall be assigned to the
Major Offender Division and report directly to the Bureau Chief of Special Prosecutions
Bureau. He shall be responsible for the technical surveillance function and responsible
for the proper operation, maintenance and assignment of all Special Prosecutions
Bureau equipment. It shall be his duty to ensure that adequate supplies are available to
permit immediate use of such equipment as necessary. He shall keep records as to the
use and maintenance of all equipment and shall make recommendations as to
replacement of old equipment and purchase of new equipment. This (Captain)
Investigator shall act as liaison with other area agencies on technical surveillance
matters.
It shall be the responsibility of this individual to ensure that all personnel are properly
trained in the use of equipment assigned to the Bureau and to see that no equipment is
released to any inadequately trained person. No person shall be allowed to check out
equipment except from those individuals designated by the Chief of the Major Offender
Division who shall designate persons of sufficient number to ensure availability, after
consultation with the (Captain) technical investigator as to their qualifications. All
equipment shall be checked for proper operation prior to its release and at the time of its
return by one of the designated persons. The (Captain) Technical Investigator shall
perform pro-active, undercover operations as directed or supervised by the Chief of
Major Offenders, Financial Crimes or the Bureau Chief.
(c) Supervising (Lieutenant) Investigator
The (Lieutenant) will report directly to the Chief of the Special Prosecutions Bureau and
be responsible for coordinating and reviewing any search warrant plans, pro-active
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investigations, vacations, time off, training, and any other duties required by the duties
of the investigators of the Special Prosecutions Bureau. The (Lieutenant) Investigator
will also be responsible for maintaining consistency of communications between the
Chief Investigator, bureau and division chiefs, especially regarding policy and/or
procedure changes of the District Attorney Office.
The (Lieutenant) Investigator will handle investigations as assigned by the Chief of the
Special Prosecutions Bureau, the Division Chiefs, Section Chiefs or their deemed
designee.
(d) Investigators
Investigators assigned to the Special Prosecutions Bureau shall be responsible for

conducting investigations, serving subpoenas, interviewing witnesses, and, in general,
conducting the investigative functions of the Bureau as assigned by the assistant in
charge of any special investigation. They shall report to the prosecutor supervising the
investigation and shall make periodic status reports on their assignments to ensure
progress towards the ultimate disposition of the investigation. These individuals have
the task of keeping the files complete and current by supplementing the files with
memoranda of their activities, findings and conclusions. No investigator shall proceed
with an investigation without first receiving an assignment from the prosecutor in
charge of the investigation.
Investigators shall also report any search warrant plans, pro-active investigations,
vacations, time off, trainings, and any other duties required of the Special Prosecutions
Bureau to the Lieutenant/Investigator assigned to the Bureau.
(e) Administrative Assistant to the Special Prosecutions Bureau

Chief
The Administrative Assistant in the Bureau will report to the Financial Crimes Division
Chief and the Special Prosecutions Bureau Chief. He/she will be responsible for the
daily administrative operations of the bureau and secretarial duties as needed. The
Bureau’s cases are often highly sensitive and the Administrative Assistant is expected to
keep his work confidential. Under the direction of the Division and Bureau Chief, the
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Administrative Assistant is responsible for the maintenance of personnel schedules,
maintaining monthly, semi-annual and annual statistics, preparation of case files for
grand jury and court, properly maintaining cases in the Special Prosecutions database,
and the disposition of closed and disposed cases. Additionally, they will provide
supervision as necessary for the Bureau’s administrative assistants and assist the
prosecutors in trial preparation and trial presentation as needed.
SECTION 5.3. GENERAL PROCEDURES
(a) Opening an Investigation
Case referral to the Bureau is ordinarily based upon the type of transaction involved.
Obviously, organized crime matters, killings for hire, fencing operations, complex
schemes to defraud, and major narcotics cases will be directed to the appropriate
division of the Bureau.
In addition to investigative matters, from time to time police agencies will ask for
assistance on matters that do not fall within the area of a Special Prosecutions
investigation. When the investigation involves complex legal issues, the assistant or
investigator should assist the agency with search warrants, grand jury subpoenas, court
orders, legal advice and recommendations.
Regarding financial crimes, complaints by private citizens and businesses, or their

representatives should be directed to an investigator or fraud examiner for screening if
possible. This screening assistant, investigator or examiner will conduct such
preliminary investigation as is necessary to determine whether or not it is a matter for
Special Prosecutions and if it is probable that an offense has been committed. The
screener shall then provide the complainant with a checklist of necessary documents in
order for their complaint to be reviewed for possible investigative assistance and
prosecution by our office. The Division Chief will then review the facts contained in the
checklist and assign the investigation to an assistant, investigator, or fraud examiner
within that division or make other appropriate referral.
Where it is readily determined by the screener that no action is required by Special

Prosecutions, he should advise the complainant of what alternatives may be available.
Where there is any question that our office should investigate, or where the citizen or
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agency requests review of the matter, the matter shall be referred to the Division
Chief for a final decision. If documents are accepted for review, a case will be opened
documenting the division’s activity and reason for declination of the case. If the matter
is accepted for investigation, the Division Chief will assign it to a lawyer, investigator,
or fraud examiner in the Division. If the Division Chief requires further information
in order to determine whether or not to open an investigation, he may assign the
matter to anyone in his division. Decisions with regards to opening an investigation
shall be made expeditiously.
If co-defendants are involved in an investigation where one co-defendant has been

charged or indicted, the Trial Bureau prosecutor responsible for the charged co-
defendant will have input with Special Prosecutions into decisions potentially impacting
his case if such can be reasonably accomplished.
(b) File Management
Each investigator, examiner or assistant is responsible for maintaining accurate reports

for each file reflecting all activity in connection with that investigation. Since the
personnel working on the investigation may change from time to time, it is most
important that each investigative file reflect the complete history of the investigation so
that personnel subsequently handling the matter will find the file in complete order. This
will be documented in the case file and the computerized database for the Bureau.
Each assistant, investigator or fraud examiner shall, when opening an investigation or

providing assistance to law enforcement agencies, will provide their Administrative
Assistant with all necessary information for assigning an investigation number that will
be entered into the database.
(c) Presentation before the Grand Jury
Upon making the determination to present a case to the Grand Jury, the assistant shall
make appropriate arrangements to appear and to arrange the appearance of necessary
witnesses. He shall prepare pleadings appropriate to the facts and arrange for Grand
Jury agendas, as necessary. Upon return of an indictment by the Grand Jury, the
assistant shall either transfer the case to the Trial Bureau or notify Trial Bureau
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personnel of his intention to keep the case for trial. The assistant, not the secretary, is
responsible for preparing a correct indictment.
Many of the cases presented by Special Prosecutions will require one or more witnesses
before the Grand Jury. The assistant shall schedule the presentation so as to cause as
little inconvenience to the witnesses, Grand Jury and other prosecutors presenting cases
as is reasonable under the circumstances. Immunity may only be granted with the
approval of the District Attorney; therefore, no promises will be made, either express or
implied, without prior approval.
When the State’s copy of the indictment is received in the Special Prosecutions Bureau
office, the administrative assistant of the appropriate Division shall make notation of the
indictment number, court and prosecutor assigned to the case. The administrative
assistant will also notify the Trial Bureau administrative assistant of our responsibility
for the case.
Each Assistant District Attorney in the Bureau is responsible for all court appearances
on cases assigned to that assistant.
(d) Closing Files
Once the investigation has been disposed of by trial or otherwise, the investigative file
and/or indictment file shall be given to the Administrative Assistants for proper
disposition. All information with regard to the disposal, including restitution, if any,
shall be furnished for closing the record. The responsibility for furnishing this
information is that of the assistant assigned the case. Proper documentation shall be
made on the State’s file, by memorandum or computer notation as to the final
disposition of the case and reason for closing. The Administrative Assistants will then
enter this information into the database for documentation and statistical review.
(e) Pro-Active Investigations
It is a well recognized and legitimate function of law enforcement to use pro-active

investigative techniques or ―stings‖ in order to observe and record criminal activity.
Pro-active investigations require the expertise of trained investigators, attorneys briefed
in the affected areas of the law, and suitable equipment to accurately record the
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transactions. Foremost in any operational plan will be the safety of all participants.
Prior to executing any pro-active operation, the attorney and investigator conducting the
investigation will complete an operations plan detailing the law enforcement or other
agencies involved, money or resources needed, the alleged criminal violations to be
investigated, the use of any undercover agents or cooperating individuals, personnel
required, equipment to be used, any anticipated legal issues, and any safety or security
measures needed. This written plan will be presented to the (Lt.) Supervising
Investigator for his approval, to the Division Chiefs, Bureau Chief, Chief Investigator
and First Assistant for their review. The investigator in charge of the operation will
also complete an after-arrest or after-investigation report and submit it to the Bureau
Chief for submission to the First Assistant and District Attorney.
SECTION 5.4 FINANCIAL CRIMES DIVISION
The Financial Crimes Division is responsible for the investigation and prosecution of all
types of financial crimes committed in Harris County, Texas. The Division is
comprised of three sections: White Collar, Consumer Protection and Identity Theft
Section. Each Section is described below and will be headed by a section chief whose
job description is also listed below.
I. Division Chief
The Division Chief is responsible for the operation of the Division and shall report
directly to the Special Crimes Bureau Chief. It is the duty of the Division Chief to
oversee and manage the section chiefs within the division. Although the Division Chief
is not supervising the day-to-day operations of each section (unless the Division Chief is
also a Section Chief), the Division Chief is responsible for monitoring the activities of
each section within the division. The Division Chief is also responsible for coordinating
the opening of investigations within the three sections that may overlap between
sections. Ultimate responsibility for the running of the three sections is the Division
Chief’s. The Division Chief is also responsible for overseeing the division’s financial
crime trials, as well as those cases assigned by the Bureau Chief. The Division Chief is
responsible for assisting the section chiefs in carrying out their assigned duties. The
Division Chief is responsible for maintaining the databases for seized and subpoenaed
documents and evidence.
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The Division Chief, with the concurrence of the Bureau Chief, shall establish the
priorities and direction of the Sections within the Division, and shall consult with the
section chiefs assigned to the Division concerning those priorities and directions.
The Division Chief is also responsible for hiring and supervising other agencies’
employees who are assigned to the Division informally or by Memorandum of
Understanding. The Division Chief is responsible for overseeing the preparation of all
monthly, semi-annual and yearly reports. The Division Chief, along with the section
chiefs, is responsible for making recommendations to the Bureau Chief on matters
regarding contracts and grants of immunity.
II. White Collar Section
The White Collar Section is responsible for the investigation and prosecution of all
types of ―White Collar‖ crimes, including but not limited to, mortgage frauds, bank
frauds, thefts, employee thefts, misapplications of fiduciary property, securing the
execution of documents by deception, commercial briberies, money launderings,
securities violations, trade secret violations, insurance frauds, Medicare and Medicaid
frauds, barratry, Chapter 47 seizure actions and other complex financial crimes,
excluding consumer-type frauds.
(a) White Collar Section Chief
The Section Chief of the White Collar Section may also hold the position of Division
Chief. When both positions are held by the same person, the Division Chief will also be
responsible for the duties of the White Collar Section Chief. If different, the Section
Chief shall report directly to the Division Chief. In addition to the duties described
below for assistant district attorneys, the White Collar Section Chief is also responsible
for the following duties:
 Overseeing the day-to-day operations of the Section.
 Supervising the personnel assigned to the Section, which includes the assistant
district attorneys, investigators, fraud examiners, and administrative assistants.
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 Monitoring the case load of each person in the Section.
 Maintaining a case load of White-Collar cases.
 Overseeing and assisting in all proactive and undercover investigations

conducted by the Investigators of the Section and outside law enforcement
investigators.
 Handling any assignments given by the Division Chief, Bureau Chief, First
Assistant or District Attorney.
 Overseeing the execution of search and arrest warrants.
 Making any recommendations to the Division and Bureau Chief on matters

regarding immunity.
 Notifying Asset Forfeiture upon any seizure of money or property.
Assistant district attorneys assigned to the White-Collar Section of the Financial Crimes
Division report directly to the Section Chief. The assistant district attorney is
responsible for the following duties:
 Handling intake calls and walk-ins involving law enforcement personnel and
private citizens.
 Working with other resources of the Section. In conducting white-collar

financial investigations, the assistant will be expected to call upon the various
resources of the Section, including fraud examiners, and investigators.
 Managing the docket assigned to the assistant.
 Assisting investigators in the Section and outside law enforcement agents in the
organizing and directing of proactive and undercover investigations.
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 Screening, accepting or rejecting white collar cases presented for prosecution by
local, state, and federal law enforcement agencies and private citizens.
 Preparing and presenting to the Grand Jury cases accepted for prosecution
including the presenting of witnesses, if needed.
The assistant shall consult with the Section Chief or Division Chief before final
disposition of the case if the facts of the case or the disposition are unusual or involve
sensitive matters.
Evaluating and preparing arrest and search warrants for law enforcement officers
investigating white collar cases.
Providing legal assistance to any trial bureau assistant district attorney prosecuting
white collar cases.
Providing advice, direction, and/or assistance to local, state and federal law enforcement
agencies in the investigation, arrest, charging and prosecution of white collar cases.
Providing advice, direction and/or assistance to local, state and federal agents regarding
seizure and forfeiture of assets resulting from white collar investigations.
Preparing and presenting legal motions and orders regarding property disposition and
forfeiture matters related to white collar cases.
Handling any assignments given by the Section Chief, Division Chief, Bureau Chief,
First Assistant or District Attorney.
(c) Fraud Examiners
1. Chief Fraud Examiner
The Chief Fraud Examiner reports directly to the Financial Crimes Division Chief. In
addition to the duties described below for fraud examiners, the Chief Fraud Examiner is
also responsible for the following:
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 Monitoring the activities of the fraud examiners assigned to the Financial
Crimes Division.
 Supervising the day-to-day duties of the fraud examiners assigned to the White
Collar Section. Act as Liaison with other county departments (i.e. Auditors,
Financial Services, Budget) regarding administrative issues and projects.
 Managing the business relationship with the District Attorney’s Office’s

financial institutions, namely, Amegy Bank and Wells Fargo Bank.
 Providing assistance to other resources in the Financial Crimes Division and

other Divisions, if needed.
 Preparing discretionary payments for various monthly office obligations for

special investigations.
 Handling the petty cash of Special Prosecutions Bureau.
 Reviewing and approving monthly bank account (6) reconciliations prior to

submission to the County Auditor’s Office.
 Preparing quarterly financial reports of expenses from certain discretionary cash

accounts to the District Attorney and First Assistant.
 Conducting interviews and recommendations regarding potential employees as

Fraud Examiners
 Providing investigation support and case assignments to Fraud Examiners.
2. Fraud Examiners
Fraud examiners assigned to the White Collar Section of the Financial Crimes Division
report directly to the Chief Fraud Examiner. It is the fraud examiner’s responsibility to
collect records from the reporting person and organize these records for the review of an
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attorney. The fraud examiners must also interview the reporting person in order to
identify all witnesses to the crime in question, determine the facts as known by the
reporting person, and reduce the interview to a written report. The fraud examiner may
also encourage the reporting person to hire accountants and auditors, to examine and
prepare the various documents and reports should the individual fact circumstances call
for a more exhaustive investigation. The fraud examiner will then submit the report of
the interview and the analysis of the records to the Chief Fraud Examiner. The Chief
Examiner will refer the case to the White Collar Section Chief to determine what action
will be taken on the case. If the Section Chief declines to investigate the case further,
the Section Chief will so inform the reporting party. The fraud examiner is responsible
 Handling Intake calls and walk-ins.
 Preparing investigative reports and evidentiary exhibits to assist the assistant

district attorneys in grand jury presentations and court proceedings.
 Reviewing, analyzing and documenting financial records to identify and trace

stolen proceeds.
 Providing expert testimony in criminal proceedings.
 Identifying the various criminal violations represented by the target’s activities

(knowledge of the pertinent criminal statutes and statutes of limitations) when
fielding citizen and law enforcement inquires.
 Providing assistance in organizing and analyzing records obtained by other

investigators and assistant district attorneys in the Division. This assistance is
provided on an as-needed basis and need not be arranged through the Chief of
the Section or Division.
 Obtaining continuing education in white collar investigations, fraud related

schemes, accounting and financial analysis to maintain credentials needed to
provide expert testimony.
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 Drafting affidavits and court orders for district court judges’ signatures in
criminal investigations and providing them to assistant district attorneys.
 Obtaining assistance from assistant district attorneys regarding legal advice in

connection with the fraud examiner’s investigation. This shall include advice
concerning offenses to be investigated, records to be obtained, persons to be
interviewed, as well as advice as to evidentiary concerns, etc.
(d) Investigators
Investigators assigned to the White Collar Section of the Financial Crimes Division
report directly to the (Lieutenant) Supervising Investigator and the White Collar Section
Chief.
1. (Lieutenant) Supervising Investigator
The (Lieutenant) Supervising Investigator reports directly to the White Collar Section
Chief. In addition to the duties described below for investigators, the Chief Investigator
is also responsible for the following:
 Monitoring the activities of the investigators assigned to the White Collar

Section and the Financial Crimes Division.
 Supervising the day-to-day duties of the investigators assigned to the White

Collar Section.
 Assigning white-collar type investigations to the investigators in the Section

and Division.
 Overseeing the execution of proactive investigations within the Section and

Division.
 Overseeing the execution of arrest and search warrants for defendants charged
as a result of internal investigations.
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 Completing assignments from the Section Chief, Division Chief, Bureau Chief,
First Assistant or District Attorney.
2. Investigators
The Investigators report directly to the (Lieutenant) Supervising Investigator and the
White Collar Section Chief. The investigator is responsible for the following duties:
 Screening complaints made by walk-in complainants regarding white collar

cases.
 Screening white collar cases presented for investigation and/or prosecution by

local, state and federal law enforcement agencies.
 Conducting investigations regarding white collar cases that are generated by

citizen complaints or law enforcement referrals.
 Assisting local, state and federal law enforcement agents who are investigating
financial crimes.
 Preparing and serving subpoenas, affidavits and other legal documents with the
assistance of assistant district attorneys.
 Advising local, state and federal law enforcement agents regarding seizure and
forfeiture of assets resulting from white collar investigations.
 Assisting assistant district attorneys of the White Collar Section with all matters
related to the investigation and prosecution of cases handled by the Section.
 Executing proactive investigations.
 Assisting local, state and federal agents in proactive investigations that involve
white collar cases, if requested.
 Assisting with the presentation of cases to Grand Jury, if needed.
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 Preparing search and arrest warrants for defendants charged as a result of
internal white collar investigations.
 Assisting assistant district attorneys in the interviewing of witnesses and targets.
 Arresting or facilitating the arrest of charged defendants.
Administrative Assistants assigned to the White Collar Section of the Financial Crimes
Division report directly to the White Collar Section Chief or the assistant district
attorney to whom they are assigned and shall be supervised by the Administrative
Assistant to the Special Prosecutions Bureau Chief. The administrative assistant is
 Answering all phone calls in a professional and courteous manner and

determining whether the caller has contacted the proper agency, and, if not,
referring the caller to the proper agency or party.
 Interviewing briefly all walk-in citizens to determine whether or not a report

form should be completed, and whether or not the citizen needs to be
interviewed.
 Assisting all assistant district attorneys, investigators, and fraud examiners as

requested in matters related to the proper completion of their duties.
 Preparing pleadings and agenda for all cases filed through Grand Jury by
assistant district attorneys.
 Preparing all monthly, semi-annual and yearly reports.
 Assisting other administrative assistants assigned to the Section and Division.
 Assisting law enforcement personnel in the drafting of Grand Jury subpoenas.
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 Assisting law enforcement personnel and private citizens regarding case status
and dispositions.
III. Consumer Protection Section
The Consumer Protection Section is responsible for the investigation and prosecution of
all types of financial crimes where there is to be a transfer of a good or service to a
consumer, including, but not limited to, theft, construction fraud, mortgage fraud, bank
fraud, misapplication of fiduciary property, securing the execution of documents by
deception, money laundering, securities violations: sales of unregistered securities and
sales of securities by an unregistered agent, insurance fraud, deceptive business
practices, pyramid schemes, Ponzi schemes, real estate theft, investments fraud and
other complex financial crimes that involve consumers.
(a) Section Chief
The Section Chief of the Consumer Protection Section reports directly to the Division
Chief of the Financial Crimes Division. In addition to the duties described below for
assistant district attorneys, the Consumer Protection Section Chief is also responsible
 Overseeing the day-to-day operations of the Section.
district attorneys, investigators, fraud examiners, paralegals, administrative
assistants, and legal interns.
 Overseeing the preparation of all reports and statistics for the Section.
 Supervising the assignment, management and disposition of all investigations

within the Section.
 Monitoring the case load of each person assigned to the Section
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 Maintaining a case load of investigations and pending Consumer Protection cases.
 Overseeing and assisting in all proactive and undercover investigations conducted

by the investigators of the Consumer Protection Section and coordinating with
outside law enforcement investigators.
 Handling any assignments given by the Division Chief, Bureau Chief, First
Assistant or District Attorney.
 Overseeing the execution of search and arrest warrants.
 Making any recommendations to the Division and Bureau Chiefs on matters

regarding contracts and grants of immunity.
 Overseeing the preparation of all monthly, semi-annual and yearly statistical

reports.
 Developing and maintaining relationships with consumer-oriented agencies.
Assistant district attorneys assigned to the Consumer Protection Section of the Financial
Crimes Division report directly to the Section Chief. The assistant district attorney is
 Handling intake calls and walk-in complaints from law enforcement personnel as
well as private citizens.
 Working with other resources of the Section. In conducting white collar financial
crime investigations involving consumers, assistants will be expected to call upon
the various resources of the Section, including investigators, fraud examiners,
paralegals, and legal interns.
 Managing the docket assigned to the assistant.
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 Assisting investigators in the Section, as well as outside law enforcement agents,
in organizing and directing proactive and/or undercover investigations.
 Screening, accepting or rejecting financial consumer crime cases presented for

investigation by private citizens, as well as local, state, and federal agencies
including those that do not have criminal law enforcement capability.
 Preparing and presenting to the Grand Jury cases accepted for prosecution
including the presenting of witnesses, if needed.
 Making court appearances, plea bargaining cases, preparing and presenting any
related motions to the trial court judge and trying any case, if necessary. The
assistant shall consult with the Section Chief before disposition of the case is final
if the facts of the case or the disposition are unusual or are sensitive in nature.
 Preparing arrest and search warrants for law enforcement officers investigating
financial consumer crime cases.
 Providing legal assistance to any Trial Bureau assistant district attorney

prosecuting financial consumer crime cases.
 Providing advice, direction, and/or assistance to local, state and federal law
enforcement agencies in the investigation, arrest, charging and prosecution of
financial consumer crime cases.
 Providing advice, direction and/or assistance to local, state and federal agents
regarding seizure and forfeiture of assets resulting from financial consumer crime
investigations.
 Preparing and presenting legal motions and orders regarding property disposition
and forfeiture matters related to financial consumer crime cases.
 Handling any assignments given by the Section Chief, Division Chief, Bureau
Chief, First Assistant or District Attorney.
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(c) Investigators
Investigators assigned to the Consumer Protection Section of the Financial Crimes

Division report directly to their assigned assistant district attorney, to the Section Chief
of the Consumer Protection Section and to the (Lieutenant) Supervising Chief
investigator assigned to the Special Prosecutions Bureau. The investigator is responsible
 Handling intake calls and walk-in complaints regarding financial consumer

protection cases.
 Conducting investigations regarding financial consumer crimes that are generated

by citizen complaints.
 Conducting investigations regarding financial consumer crimes that are generated

by law enforcement referrals.
financial crimes.
 Preparing and serving subpoenas and other legal documents with the assistance of
the assistant district attorneys.
forfeiture of assets resulting from financial consumer crimes investigations.
 Assisting the assistant district attorneys of the Consumer Protection Section with
all matters related to the investigation and prosecution of cases handled by the
Section.
 Assisting/Executing pro-active investigations initiated within the Financial

Crimes Division of the District Attorney’s Office.
financial consumer crimes, if requested.
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 Preparing affidavits for search and arrest warrants for defendants charged as a
result of internal financial consumer protection investigations.
 Preparing and organizing the various personnel of the Consumer Protection

Section for the proper execution of a search and/or arrest warrant that is generated
as a result of an internal investigation.
(d) Fraud Examiners
Fraud Examiners assigned to the Consumer Protection Section of the Financial Crimes
division report directly to the Chief of the Consumer Protection Section and Chief Fraud
Examiner for Financial Crimes. The fraud examiner is responsible for the following
duties:
 Handling intake calls and walk-in complaints.
 Conducting investigations regarding financial consumer crimes generated by

citizen complaints.
 Conducting investigations regarding financial consumer crimes generated by law

enforcement.
 Obtaining documentary evidence to establish the commission of a crime.
 Preparing reports to assist the assistant district attorneys in Grand Jury

presentations and court proceedings.
 Providing expert testimony in criminal proceedings.
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 Providing assistance in organizing and analyzing records obtained by other
investigators, assistant district attorneys, paralegals, or interns within the Section.
 Obtaining continuing education in financial investigations, fraud-related schemes,

accounting and financial analysis to maintain/obtain credentials needed to provide
expert testimony.
 Assisting assistant district attorneys, investigators, paralegals, and interns in

obtaining financial records.
 Completing administrative assignments requested by the Consumer Protection

Section Chief or Chief Fraud Examiner of the Financial Crimes Division.
(e) Paralegals
Paralegals assigned to the Consumer Protection Section of the Financial Crimes

Division report directly to their assigned assistant district attorney and to the Section
Chief of the Consumer Protection Section. The paralegal is responsible for the following
duties:
 Conducting basic investigations into financial consumer crimes cases which are
generated by citizen complaints.
 Conducting basic investigations into financial consumer crimes cases which are
generated by law enforcement agencies.
 Handling intake calls and walk-in complaints regarding financial consumer

crimes cases.
 Maintaining contact with complainants, witnesses and experts who are involved
in cases being handled by the assistant district attorneys, fraud examiners and
investigators in the Section.
 Preparing witness subpoenas for cases going to trial.
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 Preparing Grand Jury subpoenas to obtain documents necessary for consumer
protection case investigations.
 Handling all aspects of case preparation from initial complaint through trial as
directed by the assistant district attorney.
 Conducting legal research regarding issues in financial consumer crime cases as

needed for investigations as well as when directed by the assistant district
attorney.
 Contacting complainants in an effort to keep them apprised of the status of a case.
(f) Administrative Assistants
Administrative Assistants assigned to the Consumer Protection Section of the Financial

Crimes Division report directly to the Consumer Protection Section Chief or the
assistant district attorney to whom they are assigned. The administrative assistant is
 Answering all phone calls to the Consumer Protection Section in a professional

and courteous manner.
 Determining whether the caller has contacted the proper agency, and if no,
referring the caller to the agency or party who can best help them.
 Interviewing briefly all walk-in citizen complaints to determine whether or not

the citizen needs to be referred to the scheduled intake personnel.
 Assisting all assistant district attorneys, investigators, fraud examiners,

paralegals, and interns as requested in matters related to the proper completion of
their assigned duties.
 Preparing pleadings and Grand Jury agendas for all cases filed through the Grand
Jury by assistant district attorneys.
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 Compiling and preparing all monthly, semi-annual and yearly reports.
 Assisting law enforcement personnel in the drafting of Grand Jury subpoenas as

requested.
 Assisting law enforcement personnel and private citizens regarding case

disposition and access to prosecutors.
 The typing of all correspondence, subpoenas, memos to files, reports, warrants, or

other materials, upon request of personnel within the Consumer Protection
Section.
(g) Interns
Interns assigned to the Consumer Protection Section of the Financial Crimes Division
report directly to the Consumer Protection Section Chief or the assistant district attorney
to whom they are assigned. The intern is responsible for the following duties:
 Interviewing walk-in complaints to gather enough information in order to make

an accurate evaluation of the merit of the complaint and to determine if a
Consumer Protection complaint form should be completed.
 Gathering any materials or information for basic complaints that are filed with the
Consumer Protection Section and assigned to them.
 Reviewing assigned Consumer Protection cases with their assigned assistant

district attorney.
 Assisting the administrative assistants with answering phones, copying or any

other tasks requested by the administrative assistants that help with the daily
operations of the Consumer Protection Section.
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 Responding to inquiries from citizens who come to the Consumer Protection
Section.
 Any other duties assigned to them by the Chief of the Consumer Protection
Section or their assigned assistant district attorney.
 Researching of legal issues and preparing memorandums of law when

appropriate.
IV. Identity Theft Section
The Identity Theft Section of the Financial Crimes Division is responsible for the
investigation and prosecution of multi-defendant, multi-jurisdictional, multi-victim or
complex, Identity Theft and related cases.
(a) Section Chief
The Section Chief shall be responsible for the operation of the section and shall report
directly to the Financial Crimes Division Chief. It is the duty of the Section Chief to
supervise the activities of the personnel of the Section, to assign cases, and to coordinate
the opening of investigations within the Section.
The Section Chief, with the concurrence of the Division Chief, shall establish the
priorities and direction of the Section, and shall consult with the assistants assigned to
the Section concerning those priorities and directions.
The Section Chief, when possible, will participate in law enforcement and civilian
functions aimed at education about, and prevention of, Identity Theft.
The Section Chief will be responsible for assessing potential and existing legislation as
it relates to Identity Theft.
In addition to the above responsibilities the Section Chief will maintain a caseload with
all of the responsibilities of an Assistant District Attorney in the section.

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Attorneys assigned to the Identity Theft Section report directly to the Section Chief.
Assistants will investigate and prosecute, when appropriate, complaints received by the
Section from law enforcement, assigned to them by the Section, Division or Bureau
Chief and, when warranted, directly from a citizen.
Determination that a complaint will be investigated and/or prosecuted directly by an

Assistant assigned to the section will be determined on a case by case basis. Weight
should be given to the above description of the types of cases that will be handled by the
section. Investigation or prosecution of cases which fall outside of this description shall
be cleared with the Division Chief beforehand.
Once an investigation has been opened the assistant will be responsible for working
with the investigator or law enforcement agency investigating the case. The assistant
will be available for questions and advice regarding the development and gathering of
evidence with a goal towards establishing proof of the crime and what suspects are
involved. The assistant will advise and assist in the creation of legal documents to
advance the investigation.
Once evidence has been gathered to establish probable cause that a person has
committed the crime the assistant will be responsible for deciding that the case will be
presented directly to the Grand Jury by the assistant or filed through Intake by the
investigator. Once the case is filed or indicted the Assistant will consult with the
Section Chief if he/she decides the case should be sent to the Trial Bureau for
prosecution. If a case is maintained by an Assistant the Assistant will attend court
settings, talk with defense counsel and tend to all matters related to the prosecution of
the case through trial if necessary.
Assistants are encouraged to consult with the Section and/or Division Chief about
problematic issues in any case which is unusual or notorious.
On occasion and when resources permit investigations are undertaken and developed by
Investigators assigned to the Identity Fraud Section. The Assistant will assist the
Identity Fraud Investigator as requested when such investigations are worked.
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Because prosecutors of the Identity Fraud Section are also members of the Financial
Crimes Division, assistants assigned to the Identity Fraud Section are sometimes called
upon to assist in White Collar matters. Examples of types of cases may be Mortgage
Fraud, Engaging In Organized Criminal Activity, Tampering with a Government
Record, Forgery, etc.
(c) Investigators
Investigators assigned to the Identity Theft Section of the Financial Crimes Division
report directly to the appropriate Supervising Investigator and the Identity Theft Section
Chief.
Investigators are responsible for the following duties:
 Screening complaints made by walk-in complainants regarding identity theft

cases.
 Screening identity theft cases presented for investigation and/or prosecution by

local, state and federal law enforcement agencies.
 Conducting investigations regarding identity theft cases that are generated by

citizen complaints or law enforcement referrals.
financial crimes.
 Preparing and serving subpoenas, affidavits and other legal documents with the
assistance of assistant district attorneys.
forfeiture of assets resulting from identity theft investigations.
 Assisting assistant district attorneys of the Identity Theft Section with all
matters related to the investigation and prosecution of cases handled by the
Section.
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 Executing proactive investigations.
identity theft cases, if requested.
 Preparing search and arrest warrants for defendants charged as a result of

internal identity theft investigations.
 Arresting or facilitating the arrest of charged defendants.
Administrative Assistants assigned to the Identity Theft Section of the Financial Crimes
Division report directly to the Identity Theft Section Chief or the assistant district
attorney to whom they are assigned. The administrative assistant is responsible for the
following duties:
 Answering all phone calls to the Identity Theft Section in a professional and
courteous manner.
 Determining whether the caller has contacted the proper agency, and if no,
referring the caller to the agency or party who can best help them.
 Interviewing briefly all walk-in citizen complaints to determine whether or not

the citizen needs to be referred to the scheduled intake personnel.
 Assisting all assistant district attorneys, investigators, fraud examiners,

paralegals, and interns as requested in matters related to the proper completion of
their assigned duties.
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 Preparing pleadings and Grand Jury agendas for all cases filed through the Grand
Jury by assistant district attorneys.
 Compiling and preparing all monthly, semi-annual and yearly reports.
 Assisting law enforcement personnel in the drafting of Grand Jury subpoenas as

requested.
 Assisting law enforcement personnel and private citizens regarding case

disposition and access to prosecutors.
 The typing of all correspondence, subpoenas, memos to files, reports, warrants, or

other materials, upon request of personnel within the Identity Theft Section.
The Major Offender Division is comprised of prosecutors, investigators and support

staff working in the Major Offender Division, as well as personnel assigned to Major
Narcotics.
The functions of the Major Offender Division are to investigate and vertically prosecute
"Major Offenses or Offenders" and to provide assistance to law enforcement agencies
in significant or complicated criminal investigations. More particularly, the two-fold
objectives of the Division are as stated:
(1) To concentrate prosecutorial attention and effort on major offenders and offenses,
including: large scale narcotics traffickers, professional burglars, theft and robbery
rings, serial or multiple rapists or murderers and "criminal street gangs" and
additionally, where there is a particularly violent crime, organized criminal activity or
professional or hired killings.
(2) To provide assistance to law enforcement agencies in significant cases that

are in the investigatory or pre-filing stages and in cases that involve extraordinary
coordination among area law enforcement agencies. This objective will be as
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important as the function of vertically prosecuting the major offender. The Division
will lend assistance to law enforcement agencies in any significant case, including
capital murder cases, where continuity and availability of advice is crucial in the
investigatory stages. In order to effectuate this purpose, prosecutors in this Division
will be available on a twenty-four (24) hour basis, including weekends, to all local law
enforcement agencies, but particularly to the Homicide, Robbery, and Burglary and
Theft and Narcotics Divisions of law enforcement. Prosecutors in this Division are
expected to aid law enforcement agencies in the preparation of cases, drafting of search
and arrest warrants, court orders, wiretap orders and subpoenas as well as the
preparation for and presentation of cases to grand jury, and the filing of criminal
charges.
The Major Offender Division will intake all cases and investigations that meet the
requirements of the Division. Law enforcement agencies will be encouraged to utilize
the assistance of the Major Offender Division in all applicable cases. Also, the Intake
Division may refer cases to the Division that meet Division criteria.
(a) Division Chief
The Chief of the Major Offender Division shall direct the operations of the Division,
supervise the section chief of the narcotics section, if any, and report directly to the
Chief of the Special Prosecutions Bureau. It will be the responsibility of the Major
Offender Chief to supervise the assignment and management of all cases, to monitor
daily activities of the Assistants in the Division, and through the administrative
assistant, maintain those records necessary for the Division. The Chief shall be
responsible for the trial of cases assigned to the Division and, when necessary, shall
consult with the District Attorney and Bureau Chief on priorities of the Division. In the
interest of effective prosecution of cases within the Major Offender Division, the Chief
may assign cases within the Division to other prosecutors within the Special
Prosecutions Bureau with the approval of the Bureau Chief and the affected Division
Chief within the Special Prosecutions Bureau.
The Major Offender Assistants assigned to the Major Offender Division shall be
responsible for carrying out the listed objectives of the Division and prosecuting cases
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assigned to the Division. The Assistant will participate in the decision-making process
as to which cases the Division will accept and handle. The Assistants will as far as
possible be on-call 24 hours a day/seven days a week.
Administrative Assistants assigned to the Major Offender Division report directly to the
Major Offender Division Chief or the assistant district attorney to whom they are
assigned. The administrative assistant is responsible for the following duties:
 Answering all phone calls in a professional and courteous manner and

determining whether the caller has contacted the proper agency, and, if not,
referring the caller to the proper agency or party.
 Assisting all assistant district attorneys, investigators, and fraud examiners as

requested in matters related to the proper completion of their duties.
 Preparing pleadings and agenda for all cases filed through Grand Jury by
assistant district attorneys.
 Preparing all monthly, semi-annual and yearly reports.
 Assisting other administrative assistants assigned to the Division.
 Assisting law enforcement personnel in the drafting of Grand Jury subpoenas.
 Assisting law enforcement personnel and private citizens regarding case status
and dispositions.
I. NARCOTICS SECTION
The functions of the Narcotics Section including money laundering cases involving drug
trafficking, are to investigate and vertically prosecute major narcotics cases and to
provide assistance to law enforcement agencies in significant or complicated criminal
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investigations. An additional function will be to attempt to identify, via police
investigations, assets subject to seizure under Chapter 59 of the Texas Code of
Criminal Procedure and make that information available to the Asset Forfeiture
Division. Criminal defendants and crimes that fall within this category will be handled
from the investigatory stages to prosecution in the trial court by the assigned prosecutor
using vertical prosecution methods.
(a) Section Chief
The Section Chief assigned to Narcotics shall be responsible for the direct supervision
of the two other assistants in the section. The responsibility of the Narcotics Section
Chief are as follows: to oversee all matters directly related to the assistants assigned to
the section, to supervise the day to day investigation and prosecution of all cases in the
section and to assist in the formulation and implementation of the ―Special Policies and
Procedures‖ outlined in Sec. II.
There are three assistants assigned to this section and they are responsible for the
vertical prosecution of major narcotics cases including investigation, intake, setting
bonds and trial work. Their duties will include drafting of subpoenas, court orders,
search warrants, review of contracts with informants, providing other legal assistance,
including implementing the use of electronic surveillance as authorized by Art. 18.20
Code of Criminal Procedure. They will be responsible for liaison between local, state
and federal agencies in order to increase inter-agency cooperation and coordination.
II. SPECIAL POLICIES AND PROCEDURES
(a) Narcotics Cases
From time to time problems have developed with regards to the handling of narcotic
cases due to the large number of agencies that are working "cooperating individuals".
Frequently one agency will request special consideration on a pending narcotics case in
order to use this defendant as an informant, or ―cooperating individual". This is a well-
recognized and legitimate investigative function; however, there must be some degree
of control and coordination by this office to ensure that the criminal justice system
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will best be served in the application of this practice. In Harris County there are five
primary agencies handling narcotics investigations. They are the Houston Police
Department, The Harris County Sheriff's Office, the Department of Public Safety,
Pasadena Police Department and the Drug Enforcement Administration. In addition to
these agencies, there are many smaller municipal jurisdictions that actively investigate
narcotics transactions. In order to ensure a uniform policy by this office with regards to
these matters, the following policy shall be implemented in all narcotics cases:
(b) Agreements with Cooperating Individuals
It is the policy of the District Attorney's Office that officers who wish to use persons
who are presently charged with an offense as informants or cooperating individuals
shall contact personnel from the Major Offender Division, Narcotics Section, or the
Special Prosecutions Bureau Chief for preliminary approval. The assistant shall review
the circumstances of the case pending against the individual, his criminal record and
what benefit is to be gained from using the individual and make a preliminary decision
as to whether such agreement would be in the interests of justice. The assistant will
ensure that investigating officers from the pending case are contacted to allow their
input in this decision-making process.
If the assistant agrees to recommend some consideration on the pending case in

exchange for the defendant’s assistance, the agreement must be approved by the District
Attorney or First Assistant. The contract or agreement must be reduced to writing and
signed by the First Assistant District Attorney, the prosecutor from Major Offenders
handling the contract, the requesting officer, the defendant and his attorney. The
prosecutors assigned the pending case will be consulted and notified of any agreement.
No person who is on parole or probation will be used as an informant in this fashion
without the written approval of the Court where he is on probation or the Parole Board
through its representative, if on parole.
No agreement for consideration on a pending case will be reached where the pending
case involved any act of violence to other persons or involved the use of a deadly
weapon, unless specifically approved after full disclosure to the District Attorney. No
agreement will be made: (1) when the cooperating individual is an habitual criminal
unless approved by the District Attorney or the First Assistant; (2) when the cooperating
individual was arrested by an agency other than the agency seeking the contract, unless
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written consent of the arresting agency is obtained; (3) when the cooperating individual
has been adjudged guilty and is awaiting sentencing; or, (4) with a person who is a
fugitive from justice. No agreement will be made involving vicarious contracts (one
person cannot work off another person's case). When the pending case involves any
type of theft, appropriate restitution shall be included as a part of the agreement.
There must always be a certain limit for time of completion not to exceed ninety days
(90) unless with the approval of the First Assistant.
The Special Prosecutions Bureau shall retain the original of all agreements in a file
maintained by the Chief of the Major Offender Division. A copy will be provided to the
First Assistant.
When a contract is signed, the contracting officer must be given the form that follows
and informed that he/she must complete the form and sign it upon expiration of the
contract. The completed and signed form will be attached to the contract for review by
the Chief of Special Prosecutions Bureau and the First Assistant before any contract
case is dismissed. The contract and the reporting form will be kept locked in Major
Offender Division.
Contracts will generally be enforced as written. That is, full compliance with every
term of the contract is expected. Substantial compliance along with good faith efforts or
extenuating circumstances may be rewarded on a case-by-case basis at the discretion of
the First Assistant or District Attorney.
Every quarter the Major Offenders Division Chief shall audit all contracts and send an
update on the performance or lack of performance and final disposition of all contracts
to the First Assistant, who will maintain these records.
Deviations from the above policies may be made only by the District Attorney or as she
may delegate to the First Assistant.
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Harris County District Attorney’s Office Contract Reporting Form
Defendant: ___________________________________
Cause No./ Court ___________________________
Date Contract Signed and Duration: _________________________
Date Contract Completed by Defendant: ______________________
Certifying Officer: _________________ Agency: _________________
Officer Contact Information and supervisor: __________ _________________
Charges filed directly related to defendant’s assistance
1) __________________________________________________________________
2) __________________________________________________________________
3) __________________________________________________________________
4) __________________________________________________________________
5) __________________________________________________________________
6) __________________________________________________________________
Help provided by defendant that did not result in filed cases: _________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Extenuating Circumstances: _________________________________________________

__________________________________________________________________________________
__________________________________________________________________________________
___________________________________________________
Defendant has: Fully Complied ___ Substantially Complied ___ Not Complied ___
Officer’s Recommendation to District Attorney’s Office:

__________________________________________________________________________________
__________________________________________________________________________________
I Certify that the information supplied is true and correct based on my own personal knowledge of the
events reported:
______________________________
Reporting Officer
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(c) Trap & Trace / Pen Register / Cell Phone Orders
All requests for "trap and trace", "pen registers" and ―cell phone orders,‖ should be
funneled through the Major Offender Division of Special Prosecutions. The reason is
that we need to have a central place to keep copies of all "trap and trace" and/or "pen
register‖ applications and orders that are presented and issued. Major Offender will be
the repository for these documents. Major Offender will be responsible to ensure all is
correct before it is presented to a judge. An appellate prosecutor shall work with the
attorneys in the Major Offenders Division to insure that procedures are properly updated
in this rapidly changing area of the law.
5.6 DIGITAL FORENSIC INVESTIGATORS SECTION (DFI)
The Digital Forensics Investigations Section (DFI) is an investigative unit comprised of

Digital Forensic Investigators under the supervision of the Special Prosecutions Bureau
Chief and the Chief Investigator. The function of the Digital Forensic Investigations
Unit is to provide the Harris County District Attorney's Office with the ability to obtain
digital evidence in accordance with the Texas Code of Criminal Procedures and Rules
of Evidence.
The DFI conducts forensic data recovery and analysis of computer systems and all other
forms of digital evidence seized by the Harris County District Attorney’s Office and
other law enforcement agencies. Specifically, the DFI forensically examines all digital
storage devices including, but not limited to, computers, digital cameras, cellular
telephones or any form of external digital storage. In conducting these forensic
examinations, the DFI shall adhere to applicable U.S. Department of Justice forensic
examination guidelines and industry standard practices to ensure that all processes and
results are documented, property custody and control measures are followed, and all
findings are admissible in court.
The DFI conducts or assists in the investigation of criminal conduct involving the use of
electronic media or cyberspace (i.e. the Internet). The DFI’s investigators also assist in
the execution of search warrants and in the proper seizure and storage of all digital
evidence seized during the execution of such warrants.
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The DFI shall maintain protocols for the administration of secure storage and the
inventory of digital evidence and maintain a current and comprehensive database of all
digital evidence submitted to it.
The Digital Forensic Investigators will act as "Gatekeepers" for the acceptance or
denial of requests for forensic examinations of electronic media from an outside agency.
The following should always be considered in the acceptance or declining of these
requests:
 Priority will be given to cases generated by members of the office of the Harris
County District Attorney.
 The capability of the requesting agency to conduct its own examinations.
 The impact on the Harris County District Attorney's Office digital forensic
operation.
 Whether the forensic results are needed for the prosecution of a case in Harris
County.
The forensic examination of computers and related media is a time-consuming and

laborious task. Collaboration between the prosecutors, investigators, and the forensic
investigators is an essential element for a successful result. Therefore, regarding digital
evidence the following shall be the policy of this office:
 When possible, it is advisable that a Digital Forensic Investigator accompany

members of the District Attorney’s Office whenever a search warrant involving
any digital media is executed. However, it shall be the decision of the DFI
Supervising Investigator to determine if the situation dictates the need to send a
DFI Investigator to a scene.
 For the safety of all personnel at the execution of a warrant execution, the Digital
Forensic Investigators shall be notified as far in advance as possible so they may
attend warrant planning sessions prior to the execution of any Search & Seizure
Warrant where digital evidence is anticipated.
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All digital evidence submitted for forensic examination shall be accompanied by the
following:
 Submission form.
 Instrument authorizing the seizure of evidence and/or forensic examination. (i.e.

Search Warrant and Affidavit or Consent to Search).
 Detailed report summary, summary of facts, or offense report.
 Charging devices for Cell Phones, Blackberries, and PDA’s when these devices
are seized.
The DFI Supervising Investigator will assign cases and will decide which cases should
be expedited. Generally the priority order of cases shall be as follows:
 Cases of life and death

 Cases with a pending trial setting
 Child Exploitation cases
 All other cases
In order to preserve the integrity of digital evidence received by any member of the
Harris County District Attorney's Office and assure a thorough analysis, the following
rules of evidence shall be adhered to:
 A DFI Investigator should always be contacted as soon as digital media is seized

to insure the evidence can be transported and stored in a manner that will protect
the integrity of the data.
 The DFI Investigators shall be given sufficient time to examine the evidence
thoroughly. Due to the amount of time required to complete a digital analysis,
last minute requests, in most cases, cannot be accommodated.
(a) Supervising Investigator, Digital Forensic Investigations
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The Digital Forensic Supervising Investigator, under the supervision of the Special
Prosecutions Bureau Chief and Chief Investigator, is the primary day-to-day supervisor
of the DFI. In that capacity, the DFI Supervising Investigator shall assign investigations
and ensure that all investigations are completed properly and that he and the other
Digital Forensic Investigators follow all applicable operational guidelines.
The Digital Forensic Supervising Investigator assigned to the DFI shall be TCLEOSE
certified as a Master Peace Officer, and trained in all formats of digital forensic analysis
that are acceptable within the professional law enforcement community.
In addition to the duties assigned to all DFI Digital Forensic Investigators the Digital
Forensic Supervising Investigator shall:
 Prioritize requests for assistance made from within and without the District
Attorney’s Office.
 Review all forensic investigative reports and approve them prior to finalization
and their delivery to the submitting parties.
 Ensure that the DFI’s Investigators maintain an appropriate level of investigatory

expertise on software and hardware issues effecting digital forensics analysis.
 Receive training and resource requests from the DFI’s Digital Forensic
Investigators and submit them to the Chief Investigator for approval.
 Approve all individual purchases of less than $500.00 procured via the DFI
―Blanket P.O.s‖ set up exclusively for the purpose of purchasing critical parts,
hardware, and software needed by DFI on an immediate day-to-day basis.
 Approve and forward all forensic purchases over $500.00 to the Special
Prosecution Bureau Chief for final approval.
 Approve all time sheets and time off, and ensure that staffing is sufficient for unit
operations.
(b) Investigator, Digital Forensic Investigations
The Digital Forensic Investigators, under the supervision of the Special Prosecutions
Bureau Chief and Digital Forensic Supervising Investigator, are the primary day-to-day
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investigators of the DFI. In that capacity, the DFI Investigators shall conduct digital
forensic investigations and ensure that all investigations are completed in a timely
manner and that they follow all applicable operational guidelines.
Every Investigator assigned to the DFI shall be TCLEOSE certified as a Master Peace
Officer, and trained in all formats of digital forensic analysis that are acceptable within
the professional law enforcement community.
Each DFI Investigator will commit to attending all schools necessary to establish the
expertise required to be an ―expert‖ witness in state and federal court in the area of
digital forensics. Each DFI Investigator is responsible for attending any additional
training, at the expense of the District Attorney’s Office, necessitated by the
development of new software and forensic methods.
Each DFI Investigator shall also adhere to the training requirements set forth by the
Texas Commission on Law Enforcement Standards of Education (TCLEOSE) to
maintain their peace officer certification.
Although the Digital Forensic Investigators assigned to the DFI are part of the District
Attorney’s investigative staff subject to all Operations Manual provisions applicable to
the investigative staff, the DFI personnel have a separate track from the general
investigative staff for promotions. Hiring, transfer, and promotion decisions in the DFI
are primarily predicated on the applicant’s expertise or their interest and aptitude in the
field of digital forensic analysis.
5.7 VEHICULAR CRIMES SECTION (VCS) AND VEHICULAR

ASSAULTS/TRAFFIC SAFETY (VATS)
(a) Duties of VCS
VCS is staffed by three felony prosecutors consisting of a Section Chief and two Felony
2 prosecutors. The VCS shall be responsible for all vehicular crimes as listed below,
including juvenile certifications. Additionally, the VCS shall be responsible for all
cases and investigations currently being handled exclusively by a VATS member as
reflected below. VCS shall be responsible for the callout response, intake,
investigation, presentation to grand jury, court appearances, and handling of filed cases
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through trial. Any VCS prosecutor has authority to file, reject, or refer cases to the
grand jury subject to existing office policies. The VCS shall coordinate, staff, maintain,
and train personnel for ―No Refusal‖ DWI programs conducted by this office. The VCS
Section Chief shall compile and maintain additional procedures in reference to scene
responses, callout vehicle schedule, No Refusal, and enhanced prosecutions.
The Juvenile Division will continue to be responsible for all vehicular crimes committed
by subjects under the age of 17 unless the case is certified by that division. In any case
meeting the below guidelines, a trial court chief may also assign a prosecutor from that
court to assist in the investigation and prosecution of that case.
(b) Vehicular Crimes Cases to Be Handled By VCS
The VCS will handle and be responsible for the following cases:
Intoxication Manslaughter
Criminally Negligent Homicide (with a motor vehicle)
Manslaughter (with a motor vehicle)
Racing Fatality
Felony Murder (with a motor vehicle)
Injury to a Child (with a motor vehicle)
Additionally, the VCS will be responsible for and handle all current cases and
investigations that are assigned exclusively to a VATS prosecutor.
(c) Duties of Vehicular Assault/Traffic Safety Team (VATS Team). This includes all
crash fatality callouts.
VATS will continue to be responsible for all callouts meeting the response criteria listed
below. Except for the VCS chief, VATS is composed of the VCS prosecutors and
additional prosecutors handling active callouts by police agencies. The District
Attorney shall appoint VATS prosecutors based upon the recommendation of the VCS
Chief and the Specials Prosecutions Bureau Chief. The VCS Chief will maintain the
callout schedule and supervise the VATS team. When notified by the investigating
agency, VATS shall consult with the investigating agency and/or make the scene of all
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crashes involving deaths unless there is no possibility of criminal charges. VATS may
respond to calls for assistance on any other significant vehicular crimes cases.
(d) Trial Bureau Vehicular Crimes Cases Upon Which VCS Prosecutors May Assist
The below cases that are currently pending in the trial bureau shall continue to be the
responsibility of the Trial Bureau, but may be referred to VCS, subject to the approval
of the court chief (or trial bureau division chief) and the VCS section chief. To request
a case transfer, the prosecutor handling the case or the felony trial court chief will
prepare a memo containing a synopsis of the facts, the offense report number, the DIMS
number, and any other information deemed relevant and send the memo requesting
transfer to the VCS section chief. The trial court will maintain and handle the case file
until a decision is made regarding the transfer. Subject to the approval of the VCS
section chief, a VCS prosecutor may assist the trial bureau prosecutor in the capacity of
first chair, co-first chair, or second chair. The VCS shall accept or reject the referred
case based upon VCS caseload, trial bureau caseload, complexity of legal issues,
evidentiary issues, appellate issues, or other relevant reasons.
Intoxication Manslaughter
Intoxication Assault
Criminally Negligent Homicide (with motor vehicle)
Manslaughter (with motor vehicle)
Racing Fatality
Felony Murder (with motor vehicle)
Injury to a Child (with motor vehicle)
FSRA
Evading MV
DWI Search Warrants for: Felony DWIs, DWIs with accidents, and DWI ―total
refusals‖
Felony DWI: #3 or w/a child
(e) Vehicular Crimes Section Chief
The Section Chief reports directly to the Bureau Chief of the Special Prosecutions
Bureau. In addition to the duties described above for VCS/VATS and below for
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assistant district attorneys, the Vehicular Crimes Section Chief is also responsible for
the following duties:
 Overseeing the day to day operations of the Section.
 Overseeing VATS
district attorneys, administrative assistant, police liaison officer(s), and
intern(s).
 Overseeing the preparation of all reports and statistics for the Section.
 Supervising the assignment, management, and disposition of all investigations

within the Section including scene callouts and schedules.
 Monitoring the case load of each person assigned to the Section.
 Maintaining a case load of investigations and cases of Vehicular Crimes

incidents up to but not exceeding twenty percent of the pending investigations
and cases.
 Overseeing and assisting in any assignments given by the Bureau Chief, First
Assistant, and District Attorney.
 Overseeing the execution of search warrants, arrest warrants, download orders,

grand jury subpoenas, and other unique investigative tools related to crash
investigations and prosecution.
 Making the recommendations to the Bureau Chief and others in reference to

sentencing and immunity.
 Developing and maintaining relationships with area law enforcement agencies.
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 In addition to supervising the office policies and/or county policies, creating
and implementing procedures relating to vehicle usage, callouts, enhanced
prosecutions, No Refusals, training, and other relevant programs.
 Due to the high profile nature of almost all cases handled by the Section, the
Section Chief shall work closely with all media relations personnel.
 The Section Chief shall be responsible for all training relating to vehicular
crimes cases and all public service duties.
 The Section Chief will be responsible for all vehicular crimes cases where an
on-duty police officer in the line of duty suffers death or serious bodily injury
as a result of another’s conduct. The on-call Division Chief may assist in this
situation if necessary or requested to do so by the Section Chief.
 The Section Chief shall advise the Bureau Chief and First Assistant before
filing a felony murder case.
(f) Assistant District Attorney
A high level of specialized training and expertise is needed in this field. Assistant
District Attorneys assigned to the Vehicular Crimes Section report directly to the
Section Chief.
The Assistant District Attorney is responsible for the following duties:
 Handling intake calls and walk-in cases from peace officers. This includes the
screening of the cases with the Agency Evidence Checklist, filing or rejecting
the cases. Unless otherwise approved by the Section Chief, all cases shall be
vetted to the entire VCS group for opinions and, if necessary all VATS
members.
 Working with other resources available within the Section or throughout the
office.
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 Each prosecutor shall be responsible for managing a docket consisting of
approximately forty percent of the investigations and active cases.
 Preparing cases for grand jury as well as handling all cases through and
including trial.
 Making court appearances, plea bargaining with the consent of the section
Chief, preparing for motions, and handling the trial of all cases.
 Evaluating and preparing arrest and search warrants, subpoenas, download

orders, etc.
 Providing training and assistance to prosecutors from other bureaus who need
assistance on matters typically handled by Vehicular Crimes Section
prosecutors.
 Providing advice, direction, and/or assistance to any peace officers needing

assistance provided that the request is related to a law enforcement purpose.
 Handling any assignments given by the Section Chief or any person in the
Section Chief’s chain of command.
 Respond to traffic fatalities meeting the above guidelines in a safe and timely
manner.
 Assist the Section Chief with training and No Refusal programs.
(g) Police Liaison Investigator
Police Liaison Investigators assigned to the Section shall report directly to their
immediate supervisor at the assigning agency and also to the Section Chief.
The Police Liaison Investigator is responsible for the following duties:
 Handling intake calls and walk-in cases from all peace officers.
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 Conducting investigations for the District Attorney’s Office regarding
vehicular crimes provided that the request is from or through a Section
Prosecutor.
 Assist local law enforcement in investigating vehicular crimes cases, including

vehicular crimes not handled by the Vehicular Crimes Section. All requests
for assistance relating to crimes not covered specifically above should be
approved by the Section Chief. Examples are: DRE assistance, SFST
assistance, Intoxilyzer assistance and No Refusal assistance.
 Preparing and serving subpoenas and other legal documents necessary for the
operation of the Section.
 Maintaining a database of evidentiary vehicles stored by local agencies and

authorizing release of vehicles after consulting with Section prosecutors.
 Maintaining a database of vehicles that are subject to seizure and assist other
Bureaus and agencies in the seizure of vehicles for habitual drunk drivers,
racers causing serious bodily injury or death, and those evading the police in
motor vehicles.
 Assisting with grand jury investigations and presentations.
 Assisting with witness and suspect interviews (where appropriate).
(h) Administrative Assistant
Administrative Assistants assigned to the Vehicular Crimes Section report directly to

the Section Chief. The Administrative Assistant is responsible for the following duties:
 Answering all phone calls to the Vehicular Crimes Section in a professional

and courteous manner.
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 Determining whether the caller has contacted the proper agency and referring
them to the appropriate prosecutor, investigator, or agency.
 Interviewing and screening all walk-in requests and officer requests for a
determination of whether or not an Assistant District Attorney is needed. If
the Administrative Assistant determines that a prosecutor is not needed, then
all matters needing assistance may be completed by the Administrative
Assistant.
 Assisting all those assigned to the Section including the completion of

documents or other matters regularly needed.
 Maintaining a database of all investigations involving Vehicular Crimes cases

and No Refusal cases, statistics and results.
 Compiling and preparing all monthly, semi-annual, and yearly reports.

Maintain all investigations and No Refusal statistics in a database.
 Assisting law enforcement personnel in the drafting of Grand Jury subpoenas,

Download Orders, etc.
 Assisting police and civilians regarding case disposition and access to staff.
 Typing all correspondence, subpoenas, memos to files, reports, warrants, or

other materials upon request of the personnel of the Vehicular Crimes Section.
 Forwarding No Refusal warrants to the appropriate trial court prosecutors
(i) Interns
Interns assigned to the Vehicular Crimes Section shall report directly to the Section
Chief or any Assistant District Attorney to whom they are assigned. The Intern is
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 Gathering basic information for case investigations, compiling data relating to
traffic crashes, assist the Administrative Assistant in those duties, and perform
any research needed relating to traffic crashes.
 Reviewing cases with the Section Chief or the Assistant District Attorneys.
 Responding to inquiries from peace officers, citizens, or prosecutors in the

office.
 Monitoring all felony DWI cases (#3 or above and DWI with Child Passenger)
for the existence of search warrants per office policy.
 Completing any other duties assigned by the Section Chief or by any Assistant
District Attorney.
(j) Miscellaneous
The Vehicular Crimes Section Chief shall also be responsible for implementing
additional procedures which shall be subject to the approval of the Bureau Chief,
District Attorney or First Assistant.
The following procedures have been adopted in reference to the Vehicular Crimes
Section:
 No Refusal DWI Holiday programs are periodically conducted by the

Vehicular Crimes Section. This does not preclude the use of search warrants
by Intake prosecutors at other times where appropriate.
 In order for a prosecutor to be eligible to work a ―No Refusal DWI Holiday‖

program, a prosecutor shall:
o Have a current Intake contract on file and
o Shall be a past or present member of the VCS or VATS
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o Or, if not a past or present member of VCS or VATS, shall have
attended the DWI Search Warrant Training and worked 3 hours of
search warrant observation.
 Before accepting a Felony Murder Charge for a vehicular crime, the facts of
the case shall be reviewed by the Vehicular Crimes Section Chief. After the
Vehicular Crimes Section Chief reviews the proposed charge, the District
Attorney or the First Assistant shall be contacted for approval before the filing
of the charge. The factors that shall be considered are the extent and nature of
the actual harm to the victim, the opinions of the victim’s survivors, the
potential for a change in case law, the potential danger that the suspect’s
conduct posed to the public, the criminal history of the accused, the likelihood
that the traditional charge may result in an insufficient sentence, mitigating
evidence, future appellate issues, or other evidence deemed to be relevant to
the case and charging decision.
5.8 COLD CASE / FUGITIVE APPREHENSION SECTION (CCFAS)
The Cold Case/Fugitive Apprehension Section is responsible for identifying and

attempting to locate and coordinate the apprehension of the most serious offenders who
are fugitives or the subject of a bond forfeiture. The section shall focus its efforts on all
murder and capital murder defendants who are currently no-arrests.
(a) Section Chief
The Section Chief reports to the Chief of the Special Prosecutions Bureau. The Section
Chief is responsible for acquiring all filed fugitive murder cases from all courts, sections
and divisions, wherein the defendant has not been apprehended or has bond forfeited,
and has been a fugitive for a year or more. The Section Chief is responsible for
coordinating with various police agencies to collect information as to the efforts and
diligence expended to apprehend these fugitives and to coordinate their efforts to arrest
these fugitives.
The Section Chief is responsible for maintaining a database to document due diligence
efforts to bring the defendant into custody and for coordinating with local, State and
Federal law enforcement agencies for the sharing of information regarding service
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attempts. The Section Chief is responsible for documenting efforts through a computer
database to track all such fugitive cases to determine due diligence for arrest and later
prosecution.
The Section Chief is also responsible for researching pertinent case and Constitutional
law bearing on due diligence to arrest fugitive felons and prepare a manual to be
distributed to Assistant District Attorneys to deal with issues of diligence to arrest
fugitives so that all prosecutors will have a good source of reference to access when
faced with diligence to apprehend issues in the trial courts.
The Section Chief is responsible for reviewing the various fugitive files acquired by the
Section, to determine the actual facts of the offense and assess the actual potential for
current prosecution in the event the offender is located and apprehended.
When fugitives are located, the Section Chief initially will determine whether the case
could survive a motion to dismiss based on speedy trial and whether the case should be
prosecuted in the trial court. In evaluating these two issues, the Section Chief must
complete the following: (1) determine what evidence is still available; (2) identify and
locate any witnesses who were originally identified by the investigating agency and
determine the witnesses’ availability for trial; (3) evaluate whether the state could
survive a defense motion to dismiss based on speedy trial and whether the evidence is
sufficient to proceed with the prosecution; and (4) litigate any motion relating to the due
diligence issue.
After the above determination is made, if the Section Chief determines that the case is
makeable and could survive a motion to dismiss based on speedy trial, then the
appropriate Trial Bureau, Division Chief or District Court Chief will make the ultimate
decision as to whether to then go forward with the case in the Trial Bureau. An
exception to this would be in a situation where a CCFAS section prosecutor desires to
handle the case in Court, personally. The Section Chief may, from time to time, keep a
limited number of cases, for in court prosecution with approval from the Chief of the
Special Prosecutions Bureau and Trial Bureau Chief. Capital Murder cases require the
specific approval of the District Attorney for retention for prosecution by a section
prosecutor.
If the evaluation recommendation is to terminate prosecution, the Section Chief will

inform the Special Prosecutions Bureau Chief, the Trial Bureau Chief, and the First
Assistant.
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If the Section Chief determines that there are no leads or identifiers available to identify
and prosecute a defendant in a case, then the Section Chief will prepare a memorandum
notifying the Chief of the Special Prosecutions Bureau and the First Assistant. If both
concur with the Section Chief’s assessment, the Section Chief shall notify the
investigating law enforcement agency in writing of his intent to dismiss the case in 30
days unless additional information is obtained that enables a defendant to be identified
and prosecuted. If the law enforcement agency requests additional time to investigate
further, the Section Chief shall collaborate with the law enforcement agency to develop
a workable timetable to complete the investigation. If no additional time is requested,
the Section Chief will dismiss the case with the notation that the case could be refiled if
the defendant is later identified.
The Section Chief is to coordinate with the Extradition Administrator of the District
Attorney’s Office on Cold Case offenders who have been located in other jurisdictions,
both domestic and foreign and provide appropriate Prosecutor assistance necessary to
secure the extradition or other needed assistance. The Section Chief is also to assist the
Administrator in the initiation of Unlawful Flights to Avoid Prosecution Federal actions
necessary to secure the arrest and return of fugitives to Harris County Texas. The
Section Chief will assist the Extradition Administrator by reviewing murder and capital
murder cases where the office considers charging Flight to Avoid Prosecution to locate
those defendants internationally.
The Section Chief is responsible to periodically evaluate, as designated, the staff of the
Section for purposes of training, supervision, matters of compensation, guidance and/or
discipline and to prepare and provide written reports of the same to the Bureau Chief of
Special Prosecutions.
(b) Investigator
The investigator is responsible for reviewing the fugitive criminal files assigned to the
Section to determine if all pertinent data concerning the defendant were properly entered
into NCIC/TCIC or other pertinent criminal search databases. The investigator is to
determine and properly document all subsequent attempts to locate and apprehend the
offender, to use more recent technology to search for, locate and apprehend fugitive
offenders.
The investigator will also be responsible for identifying situations in fugitive cases
where various types of physical identifying evidence, such as DNA samples or
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fingerprints were not submitted for testing by the investigating police agency. It will be
the responsibility of the investigator to cause that evidence to then be submitted to the
appropriate laboratory including to the CODIS program and AFIS for prints.
The Administrative Assistant is responsible for answering phones, taking messages,

entering data into the Section databases necessary to track the progress on the various
files, generating regular statistical reports on the activities of the Section and doing the
various assorted work tasks normally done by Administrative Assistants and assisting
the attorneys or investigators assigned to the Section with various tasks and duties that
might be needed to accomplish Section task goals. The Administrative Assistant shall
also be responsible for learning the duties and responsibilities of the Extradition
Administrator.
5.9 ANIMAL CRUELTY SECTION
The Animal Cruelty Section is responsible for prosecuting animal-related violations

under the criminal statutes where the violations occur in Harris County. Those cases
include cruelty to animals, both livestock and non-livestock, and dog fighting. The staff
consists of a Section Chief, one assistant district attorney and an investigator who serve
under the supervision of the Section Chief.
(a) Section Chief
The Section Chief reports to the Chief of the Special Prosecutions Bureau. The Section
Chief is responsible for the review of all animal-related allegations referred to this office
by state and local agencies and where appropriate, the preparation, filing and
prosecution of all charges in the criminal courts of Harris County. The Section Chief
shall provide technical assistance to all enforcement agencies, prosecuting attorneys and
local animal welfare organizations dealing with animal cruelty matters. The Section
Chief acts as the office’s liaison with the Harris County Pit Bull Task Force. The
Section Chief shall advise the Bureau Chief of any sensitive, important, or unusual cases
in the Animal Cruelty Section. The Chief shall approve all attendance reports of all
personnel under his/her supervision, and shall evaluate personnel of the section and
make reports of such evaluations to the Bureau Chief. All necessary reports and
statistical data originating out of the section are prepared under the Section Chief’s
supervision.

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The Assistant District Attorney assigned to the Animal Cruelty Section shall handle
both misdemeanor and felony cases. The assistant is responsible for the intake of
animal-related cases during normal work hours. The assistant is also responsible for
handling cases that are filed through DA Intake. The assistant shall handle each case
from evaluation, preparation of the charge, presentment to Grand Jury and disposition of
the case in court. The assistant frequently makes on sight investigations, provides
technical assistance and coordinates efforts of investigating agencies.
(c) Investigator
The Investigator assigned to the Animal Cruelty Section shall be responsible for the
general investigative functions of the section. He/she shall obtain offense reports,
conduct background checks on criminal defendants, serve subpoenas and locate
witnesses. He/she shall report the progress being made and status of assignments, and
shall seek guidance as to what additional steps should be taken. The Investigator will
disseminate tips received from Houston Crime Stoppers to the appropriate law
enforcement agency for investigation and will follow said case to completion with
written documentation. The Investigator acts as the office’s liaison with animal cruelty
investigators from various investigative agencies and where appropriate, provides
assistance. The Investigator will make certain files are complete and up-to-date by
supplementing the file with memoranda of all activities and findings. The Investigator
shall not proceed with an investigation without first receiving an assignment from the
Section Chief or from the Assistant who is handling the file. The investigator reports to
the Section Chief.
Public Assistance Fraud cases generally involve recipients who make fraudulent claims
to the Texas Health and Human Services Commission, the Texas Workforce
Commission, the Social Security Administration, the Department of Housing and Urban
Development, and the Women, Infants, and Children Program and receive public
assistance money, medical services under the Medicaid program, and food stamp
coupons to which they are not entitled. Such cases are prosecuted under the general
Theft and Aggregate Theft statutes and in some circumstances under V.T.C.A. Human
Resources Code, Section 33.011 (Unlawful possession, redemption, use, alteration, and
transfer [sale] of food stamps). Cases that result from investigation of Public Assistance
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Fraud are prepared by investigators with the Texas Health and Human Services
Commission, the Texas Workforce Commission, the Office of Inspector General, and
the United States Department of Agriculture.
(a) Division Chief
The Division Chief of the Public Assistance Fraud Division reports to the Chief of the
Special Prosecutions Bureau and acts as a supervisor over the prosecutors, interns, and
administrative assistant in the Division. The Division Chief oversees the review of all
allegations of public assistance fraud referred to this office by the various investigating
agencies, and where appropriate, the preparation, filing and prosecution of all criminal
charges involving public assistance fraud. All necessary reports and statistical data
originating out of the division are prepared under his supervision. He shall approve all
attendance reports (―timesheets‖) of the personnel under his supervision and he shall act
as the public information source for the office in Public Assistance Fraud cases.
The assistant district attorneys in the Division are responsible for the filing and
disposition of all criminal prosecutions involving Public Assistance Fraud. They assist
their chief when necessary and are primarily responsible for trying the criminal
prosecutions that reach the trial stage.
The administrative assistant reports to the Division Chief. He/she performs the usual
duties of a legal secretary and paralegal, including acting as a typist, assisting the
assistant district attorneys in trial preparation and completing all clerical filings. The
administrative assistant maintains all records and reports as required by the Division
Chief.
(d) Intern
The intern reviews cases presented to the division by the various investigative agencies
and assists the Division Chief as well as the other Division Prosecutors in the
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preparation, filing, and disposition of the criminal prosecutions. In addition, the intern
assists the Administrative Assistant with the clerical needs of the division.
The Environmental Crimes Division is responsible for prosecuting all environmental

violations under the criminal statutes where the violations occur in Harris County. This
division should attempt to work out solutions to pollution problems to prevent the
recurrence of environmental violations. The Division is responsible for educating the
public and business community regarding environmental laws and the criminal
consequences of violating those laws.
(a) Division Chief
The Chief of the Environmental Crimes Division reports to the Chief of the Special
Prosecutions Bureau. He is responsible for the review of all criminal environmental
allegations referred to this office by Harris County Public Health & Environmental
Services, the Harris County Environmental Enforcement Division, the Houston Police
Department/Environmental Investigations Unit, the Texas Commission on
Environmental Quality, the Texas Parks and Wildlife Department, and other state, local
and federal agencies, and where appropriate, for the filing and prosecution of all such
allegations in the criminal courts of Harris County. He shall make on-sight
investigations, as necessary, and coordinate efforts of investigating agencies in pollution
prevention, control and enforcement. He acts as the office's liaison with the
environmental law section of the Harris County Attorney's Office. All necessary
division reports and statistics are prepared under his supervision. He shall act as the
public information source for the office in environmental matters.
The Assistant Prosecutors assigned to the Environmental Crimes Division report to the
Division Chief. They are responsible for the review of allegations of criminal pollution
referred to this office by all state and local agencies, as assigned to them by the Division
Chief. They are responsible for the filing and prosecution of all such allegations, where
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appropriate, in the criminal courts of Harris County. They shall make on-sight
investigations, as necessary, to fulfill these responsibilities.
The administrative assistant reports to the Chief of the Division, and works for all
prosecutors in the Division. He/she performs the usual duties of a legal secretary and
paralegal, including acting as a typist, assisting the assistant in trial preparation and
completing all clerical filings. She prepares and maintains all records and reports as
required by the Division Chief. She assists the paid intern and academic interns
assigned to the Division.
(d) Paid Intern
The paid intern reports to the Chief of the Environmental Crimes Division, but works
for all prosecutors in the Division. He is responsible for organizing and maintaining all
case files submitted for review and prosecution from the various local and state agencies
and in assisting the prosecutors in the filing and prosecution of those cases as needed.
Due to the very nature of the investigative function, it will be necessary from time to
time to seize and maintain various kinds of evidence. There are secured access rooms
provided in the Bureau for this purpose. Access to the rooms must obviously be limited.
Any evidence placed in the secured rooms must be placed there by the designated
evidence custodian who shall log that evidence in. No evidence will be stored without
properly safeguarding its custody. The Assistant assigned the case to which the evidence
relates shall obtain approval from one of the Division Chiefs or the Bureau Chief before
any contraband is stored.
SECTION 5.13 SPECIAL PROSECUTIONS BUREAU EXPENDITURE

ACCOUNTS
The Special Prosecutions Bureau maintains two confidential bank accounts used for
specific purposes. The accounts, titled Special Crimes and Special Investigations,
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respectively, have specific usages connected to criminal investigations and expenditures
associated with such investigations. Funds expended from the Special Crimes account
are specific to ongoing investigations into narcotics, stolen property, pornographic
materials, illegal gambling enterprises, prostitution activities, organized criminal
activities and white-collar crimes. These funds are used during the investigation and
should be returned for deposit once the specific purpose is complete. If the funds are
not recovered, the individual who requested such funds must notify the Bureau Chief.
Additionally, the individual must complete a sworn affidavit regarding the facts
surrounding the loss of funds. The affidavit will be kept with the request for funds and
made available for review.
Funds expended from the Special Investigations account are specific to circumstances
surrounding certain expenditures arising out of investigations, prosecutions and limited
office expenditures in the Special Prosecutions Bureau and civil ligation by the Asset
Forfeiture Division. These expenditures include but are not limited to: storage of seize
assets, property management fees, trial exhibits, parking fees, incidental equipment,
replenishment of petty cash box, etc.
To expend these funds, a request must be made to a Bureau Chief, the First Assistant or
District Attorney stating the matter under investigation or prosecution and the purpose
of the expenditure. If such expenditures are approved a request is made in writing to the
Chief Fraud Examiner of the White Collar Crime section for disbursement.
Each quarter the Chief Fraud Examiner shall submit an accounting to the Special
Prosecutions Bureau Chief, First Assistant and District Attorney regarding the
expenditures from the Special Investigations account and petty cash box. Due to the
type of expenditures and infrequent usage of, a quarterly report is unnecessary for the
Special Crimes account.
SECTION 5.14 AVAILABLITY OF PERSONNEL
Each member of the Special Prosecutions Bureau is subject to call twenty-four hours
(24) a day and seven days (7) a week. Unfortunately, many of the investigations and
assignments of the Bureau do not occur during regular business hours. Consequently,
where extra time is required on a particular assignment, the assistant or investigator
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shall maintain a record of such accumulated time and submit it on the appropriate time
sheet. Division Chiefs must approve non-emergency overtime for non-exempt
employees in advance.
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CHAPTER 6 TRIAL BUREAU
The Trial Bureau consists of the Assistant District Attorneys who are regularly
assigned to the Trial Courts and the administrative assistants, investigators and interns
assigned to those courts, and others in divisions that provide support for the trial courts.
The Trial Bureau includes the three felony divisions, the juvenile division and the
capital litigation division.
SECTION 6.2. JOB DESCRIPTION OF THE CHIEF OF THE TRIAL BUREAU
The Chief of the Trial Bureau exercises general control and supervision of all
components and divisions within the Trial Bureau. The Trial Bureau Chief is
responsible for staffing the trial courts and ensuring the State is properly represented.
The Chief shall request from the District Attorney any necessary transfers to accomplish
this purpose. Further, the Chief of the Trial Bureau shall oversee the evaluations of
personnel and semi-annual evaluations of each assistant district attorney in the Bureau.
The Chief of the Trial Bureau will evaluate each of the bureau's division chiefs at least
annually. The Chief shall oversee the Trial Court Chiefs and Division Chiefs to ensure
each is performing properly and shall act as liaison with the trial court judges. The Chief
shall participate in making recommendations for promotions to the District Attorney. He
shall be responsible for requesting prosecutor transfers after advice from the Trial
Bureau Division Chiefs. He recommends pay raises to the District Attorney.
Policies and procedures affecting the Trial Bureau and the processing of criminal
cases shall be the supervisory responsibility of the Trial Bureau Chief. Legal problems,
personnel problems, recommendations on cases, and case dispositions, shall be handled
by the Chief. The Chief shall act as liaison with other criminal justice agencies
concerning policies, procedures and individual cases within the Trial Bureau.
Allegations of misconduct made against any assistant, judge, defense attorney or public
official shall be reported by the Chief to the First Assistant and District Attorney and
shall include in his notification recommendations on the matter. Interns, administrative
assistants, and investigators within the Trial Bureau shall be assigned based upon the
input of the Chief of the Trial Bureau, the First Assistant and the Chief of the Public
Service and Infrastructure Bureau (in the case of administrative assistants).
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In capital murder cases, the Trial Bureau Chief shall review each case and make a
recommendation to the District Attorney or the First Assistant as to whether the State
should seek a capital indictment and whether or not the State should actually seek the
death penalty. As provided in Chapter 10 of this manual, the Trial Bureau Chief shall
make recommendations on pleas of guilty.
SECTION 6.3. FELONY DIVISION
The felony courts are divided into three divisions:
Felony Division A, consisting of the 174th, 176th, 177th, 178th, 179th, 180th,
182nd, and 183rd District Courts;
Felony Division B, consisting of the 184th, 185th, 208th, 209th, 228th, 230th
District Courts and Impact Court;
Felony Division C, consisting of the 232nd, 248th, 262nd, and 263rd, 337th,
338th, 339th, and 351st District Courts.
The prosecutors assigned to the Capital Litigation Division will assist the court
chiefs in the preparation and trial of capital murder cases. Each of the courts is under
the supervision of the respective Felony Division Chief, who reports to the Chief of the
Trial Bureau.

(a) Felony Division Chief
The Felony Division Chief shall supervise all personnel assigned to his felony
division. In this capacity, the Chief shall oversee the evaluation of all personnel in the
division and shall personally evaluate each district court chief. As to the criminal district
courts in the division, the felony division chief shall act as liaison to the bench. The
Felony Division Chief shall be responsible for adequately staffing the courts and
making temporary assignments in order to guarantee the proper representation of the
State. The Division Chief shall make recommendations with regards to transfers, pay
raises, and promotions within the division, to the Chief of the Trial Bureau. The
Division Chief shall be available to counsel with felony assistants concerning cases,
individual recommendations, dispositions, legal problems, personnel problems and
training. The Division Chief shall oversee the policies, procedures, and case flow in the
courts of the division.
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The Division Chief shall maintain liaison with police departments, citizens, and
all segments of the criminal justice system regarding cases pending in the division.
The Felony Division Chief shall insure that all contested matters reports, case
disposition reports, and employee evaluations are properly and timely completed. The
Felony Division Chief shall personally observe the work of the assistants under their
supervision in the courtroom on a regular basis. The chief shall be certain the personnel
under their supervision properly handle their assigned duties and work at least forty (40)
hours per week, by approving, if correct, their bi-weekly time sheets. The Chief shall
inform the members of his division of policy directives promulgated by the District
Attorney and be certain his employees follow such directives. Regular meetings with the
Chief prosecutors shall be conducted by the Felony Division Chief. Investigators,
secretaries, and interns may be given specific assignments by the Felony Division Chief
in conjunction with the immediate supervisor.
The Felony Division Chief shall personally try any case assigned by the Chief of
the Trial Bureau or District Attorney or any case the Chief desires to pursue as other
duties permit. The Division Chief shall inform the Chief of the Trial Bureau, the First
Assistant, and the District Attorney of any acts or allegations of misconduct by any
assistant, judge, defense attorney, police officer, or public official, and make
recommendations concerning the same.
The Chief shall approve all murder recommendations in his division, and conduct
investigations of incidents involving the death or serious bodily injury of a peace officer
per the policy in Chapter 10 of this manual.
(b) Chief Prosecutor

The Chief Prosecutor of a felony district court shall closely supervise the
operation of the felony court, the assistants assigned to the court, and other personnel
assigned to the court to be certain the State is properly represented. Evaluations shall be
properly completed on all employees under the Chief's supervision and the chief shall
keep the felony division chief informed as to the performance of the employees under
the Chief's supervision. The Chief is responsible for ensuring compliance with all
directives in this manual and the Prosecutor's Discretion. The Chief is responsible for
over-seeing plea bargaining and shall strive for appropriate sentences in conformity with
office policy. The Chief shall counsel and assist the prosecutors assigned to the court
and be certain the prosecutors are properly prepared on their cases and keep abreast of
legal developments. The Chief shall be present throughout docket call to make decisions
on cases promptly and effectively.
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The Chief shall spend a significant amount of time in trial, trying all important,
serious felony cases and delegating the trial of other cases in light of the seriousness of
the case and the experience level of the assistant. Assistant District Attorneys assigned
to the court shall be supervised and counseled by the Chief in order to develop the trial
skills of each assistant under the Chief's supervision. Unusual or important cases should
be anticipated by the Chief and the Chief should be prepared on the law and facts in
order that the State be properly represented. The Chief shall ensure that only the
witnesses needed for trial are subpoenaed and to cooperate with the Victim Rights
Division to ensure all witnesses are handled efficiently and courteously. All persons,
including defense counsel, victims, and witnesses shall be treated courteously by the
chief and those under his supervision.
Acts or allegations of misconduct against any assistant, judge, defense attorney,

public official, or police officer shall be immediately reported by the chief of the court
to the Felony Division Chief, Trial Bureau Chief, First Assistant and District Attorney.
The Chief shall assign cases to each prosecutor by noting the appropriate number in the
upper right-hand corner of the file and make reassignment of cases to ensure prosecutor
development and growth. The Chief shall implement a case flow system to be certain all
cases filed in the court are reviewed and personally review those cases as required in the
Prosecutor's Discretion. The Chief shall be certain the policies in this manual and the
oral and written directives of the chief's supervisors are properly administered. The PIA
hearing shall be handled by the Chief at docket call. The Chief will check the pleading
of each case and indicate on the inside front cover any corrections to the information or
work required by the Grand Jury Division or others before presentation to a Grand Jury.
Pleadings on each case are ultimately the responsibility of the chief prosecutor and the
Chief shall be certain the assistants assigned to the court proof read all pleadings. All
case files shall be properly handled and secured from unauthorized personnel. The Chief
will contact the victim (or family) of a crime victim when the case is assigned to him.
Early disposition of cases is to be encouraged, particularly those in custody. All murder
cases in the court shall be personally presented to the Grand Jury by the Chief within 90
days of filing provided the investigation is complete. The Chief Prosecutor will review
each no-billed case, initial and date the file, and determine if further action on the case is
required.
The Chief Prosecutor shall be responsible for obtaining and approving, if correct,
time sheets from the assistants and the administrative assistant in his court and
forwarding the same to the person designated to collect the same.
(c) District Court Prosecutors, No. 2 and No. 3, Assignment
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These prosecutors shall be prompt and work forty (40) hours per week. They shall
attend docket call, be well prepared on their assigned cases, make decisions promptly,
keep abreast of the law, and be of extremely high integrity and professional demeanor;
at all times, proper respect shall be shown to the court. These prosecutors shall
encourage the early disposition of all cases and particularly when the defendant is in
custody. These prosecutors shall review their cases in advance, check all pleadings for
accuracy, timely file applications for subpoenas, and prepare and file motions promptly
and accurately. The prosecutor shall contact the crime victim or a family member when
the case is assigned to him. Courtesy shall be extended to all defense attorneys,
witnesses, victims, and other criminal justice personnel.
These assistants shall be available during working hours for consultations with
court personnel, defense attorneys, and witnesses. Each assistant shall carry out the
orders of his supervisor, the directives of this manual, and shall abide by the code of
professional responsibility. In this light, the assistant shall report any act or allegation of
misconduct by any assistant, judge, defense attorney, police officer, or public official to
his chief. At the disposition of each case, the case file shall be properly completed to
show such disposition. Further, the assistant will be responsible for the cases in his
charge and the security of the file. On cases where the defendant is sent to the Texas
Department Criminal Justice, Institutional Division, a statement of facts will be properly
and timely completed. Contested matters reports shall be properly and timely completed
and submitted to the Secretary to the Trial Bureau Chief each January 1st and July 1st.
A computer trial report is to be submitted after each trial to the Trial Bureau Chief's
administrative assistant. Both the contested matters report and the computer trial reports
are the basis for promotions and pay raises and it is absolutely essential this report be
properly completed and submitted in a timely manner. In the absence of the chief, the
No. 2 prosecutor will be in charge of the court.
(d) District Court Administrative Assistant

A district court administrative assistant has daily duties, periodic duties and
general duties. The degree of efficiency the administrative assistant is able to maintain
has a direct bearing on the performance of other personnel assigned to the court. The
administrative assistant is expected to perform the usual duties of a legal secretary and
filing clerk for the court to which she is assigned. These duties shall include typing of
motions, typing of letters, pretrial preparation if necessary, and other duties the
prosecutors and investigator may request.
1. Daily Duties
Each administrative assistant will work from 8:00 AM to 5:00 PM with a one
hour lunch break. Each morning before 8:30 AM the district court administrative
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assistant must report the attendance status of personnel assigned to the court. Each day
cases on the court's docket for the following day must be "pulled" from their respective
places in the prosecutor's office. When a copy of the docket is obtained from the court
coordinator or one of the prosecutors, the first step is to determine where the files are
located. Do this by checking the "pending" computer index card file (see 3. General
Duties below) and write the number appearing on the card (#1, #2, or #3) on the docket.
Next, retrieve files from the respective file cabinets maintained by the prosecutors. If the
card indicates the case is being handled by another bureau or division of the office,
contact that bureau or division to notify them of the setting.
New files for the 24-hour hearing, together with the docket sheet, are to be picked
up by the investigators first thing each morning from Central Records. The court
administrative assistant shall prepare a computer index file card for each of these new
cases. The files and docket sheet will be placed on the desk of the chief prosecutor to be
taken to court that morning with the regular docket cases. The cases which do not waive
indictment or request examining trial will be sent to the Grand Jury Division on the
same day as the twenty-four (24) hour docket hearing. A copy of the twenty-four (24)
hour docket sheet will be kept by the administrative assistant for her file.
The administrative assistant shall check court mail boxes and in Central Records,
at least twice a day. All outgoing mail will be delivered by 4:00 PM every day.
The Victim Impact Statement (VIS) will be placed in the appropriate case file
immediately upon receipt.
2. Periodic Duties
When a case is disposed, the administrative assistant will prepare a disposition
report. The disposition information will be entered into the DAD System in JIMS.
When preparing this report, it is necessary to record the disposition, the date and
prosecutor who handled the case in the computer index file card and place in the
disposed computer index file card. Place the files in alphabetical order, and remove the
ACCO fasteners. The disposed files will then be sent to Central Records no less than
one time a week. Keep no-billed cases separate from the other cases so that the Chief
may review them.
Once a month, the district court administrative assistant will prepare a monthly
disposition report. This report will be a combination of the above reports for each
month. One copy of this report will be sent to the Chief of the Trial Bureau, and one
copy will be kept in the administrative assistant’s file. A six month summary will be
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sent to the Chief of the Trial Bureau on July 1st, a year summary on January 1st, and a
copy of each will be kept in the administrative assistant’s file.
Every six months, the district court secretary is to obtain from the individual
prosecutors, a contested matters report. The secretary is to type a semi-annual Contested
Matters Report and a Sentence Summary Report, with one copy going to the Chief of
the Trial Bureau, one copy to the prosecutor, and one copy to the secretary's file.
3. General Duties
Each district court administrative assistant is expected to maintain a computer
index file card for the court. On all new cases being assigned to the court, the
administrative assistant is expected to type a card with the appropriate information on
the new case. This information includes the name of the defendant, the defendant's
description, the date of birth, offense, cause number, agency and incident number, date
of offense, date of charge, date sent to Grand Jury, date of action by Grand Jury, and
arraignment date. When cases are disposed of, the card must be appropriately marked
and refiled in the "disposed of" section.
The administrative assistant will type subpoenas prepared by the assistant district
attorneys. In the preparation of subpoenas, the district court administrative assistant is to
type on the appropriate forms with the following number of copies.
Two copies of the subpoena and the return are attached together. One copy goes
to the Process Server in the court. This copy can be attached to the back of the return.
The other copy of the subpoena is placed in the file. A Xeroxed copy of the subpoena
goes to Victim/Witness. If only officers are subpoenaed, Victim/Witness does not
require any copy.
Subpoenas for law enforcement personnel should include the appropriate offense
report number; for chemist, include the appropriate lab number. Additionally, Houston
police officer subpoenas should include their City of Houston employee number.
Subpoenas for the medical examiner's office should contain the autopsy case
number, the name of the deceased and the date of death.
Subpoenas for out-of-county witnesses have to be on a separate page from the

Harris County witnesses. The appropriate county should be typed on subpoena and it
should be indicated on subpoena that it is an out-of-county subpoena. Type a separate
subpoena list for each different county.
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If possible, subpoenas should be prepared and typed thirty (30) days prior to the
trial date, but in any event, not less than ten (l0) days.
The date the subpoena is typed should be in the top left hand corner and the
prosecutor's name is typed in the top right hand corner of the form.
When the probation officers prepare the Motion to Revoke Probation or Motion
to Adjudicate, then it will be necessary for the district court administrative assistant to
pull the disposed card, mark the card indicating that a MRP/MADJ has been filed, add
the date to the card, and file the card in the "pending" index card file, prepare a new
MRP/MADJ file and include a copy of the MRP/MADJ. The administrative assistant
will then order the original state’s file from Central Records so that the original file can
be returned to the court and placed in the new MRP/MADJ file.
Telephone calls should be answered promptly and courteously stating "District

Attorney's Office, (your name)". Should it be necessary to be away from the office for a
period of time, notify the receptionist assigned to the division. Advise the receptionist
of your need to be away from your desk and your whereabouts (lunch, courtroom,
Central Records, etc.). Upon returning, check with the receptionist for any messages
taken for the court personnel. Phones should be monitored at all times.
From time to time, due to mistake or lack of available information, cases are
assigned to a district court when assignment to another district court would be more
appropriate. In these situations, the case must be transferred from one court to another.
Cases can be transferred for the following reasons:
a. on probation in another court;
b. co-defendant with lower number in another court;
c. pending case with lower number in another court;
d. co-defendant on probation in another court;
e. case originally indicted in another court;
f. case pending appeal in another court;
The Court coordinator prepares all transfer orders and secures the signatures of
both judges. After the transfer order is approved, it is forwarded by the coordinator to
Central Records. Central Records then sends the order to the administrative assistant of
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both the transferring and receiving courts. The administrative assistant of the
transferring court will indicate on the file, and the indictment, the receiving court
number, and forward the file to that court. If the case is being sent from your court, it
will be necessary to access the pending computer index file card and indicate the
receiving court number and date sent. If the file is being received by your court, it will
be necessary to make a new computer index file card.
Cases just indicted by the Grand Jury will be distributed to each court
administrative assistant by Grand Jury personnel the same day of indictment. The State's
copy of each indictment will be sent to each district court administrative assistant from
the Central Records Division. It is the district court administrative assistant’s
responsibility to compare the list with the indictments to make certain all are accounted
for. Each administrative assistant will then put the indictments into the correct file
folders and note on each file that the indictment was received.
Next, the card is to be pulled from the "pending Grand Jury" computer index file
card and marked indicating the date indicted. The pending computer index file cards are
to be checked to determine if the defendant has any other cases pending in this court,
and if so, the corresponding cases will be placed together and all cases pertaining to the
defendant will be placed in the "pending" computer file index card. The files are then
delivered to the assigned prosecutor. It is the responsibility of the district court
administrative assistant to make certain that co-defendant files are together. If not,
check the disposition on the missing file or files and mark the pending file as to the
results of co-defendant cases. Sometimes, cases will be "no arrest" or "bond forfeitures".
Note this on the computer index cards and give the file(s) to the investigator. When the
administrative assistant receives information that the defendant has been arrested, he/she
shall notify the investigator and retrieve the files for court.
From time to time, the Appellate Division will send memos/emails pertaining to a
defendant to the district court in which the defendant's case was handled. When this
occurs, the administrative assistant is to check the disposed card for the named
defendant, see which prosecutor handled the file, and forward the memo/email to that
prosecutor.
On all disposed cases wherein the defendant is sentenced to penitentiary time, the
assistant shall prepare a statement of facts about the offense. The administrative
assistant will prepare a TDCJ Offense Report from the DIMS 65 screen using the
information from the original state’s file. The report should be completed within two
days of disposition. It is the administrative assistant’s responsibility to make certain
that all restitution information and victim information is entered into DIMS 65
accurately. If attorneys fees for court appointed representation are ordered, he/she shall
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make a clear indication that the money is owed to the Harris County Treasurer located at
1001 Preston, Houston, Texas and indicate the amount ordered by the court. The Board
of Pardons and Paroles will not order restitution to anyone other than a victim of the
crime.
Upon completion, the administrative assistant will print the report and provide the
Assistant District Attorney with two copies for his/her approval. Approval is given by
the assistant district attorney signing both copies.
Once the Assistant District Attorney gives approval, the administrative assistant
will approve the report in DIMS 65, which will send it electronically to the Sheriff’s
Office. The Sheriff’s Office will place a copy in the records provided to TDC J
pertaining to that defendant. The administrative assistant will maintain a copy for the
court and place a copy of the approved report in the state’s file.
The administrative assistant shall place the Victim Impact Statement (VIS) in the
appropriate case file immediately upon receipt.
Finally, each administrative assistant shall be available for any other specific
project or assignment that the Chief of the Court may assign.
(e) Investigators
The investigator shall work under the supervision and direction of the chief
prosecutor of the court. The investigator shall carry out such investigative duties as may
be given by the chief investigator, chief prosecutor as well as by the other prosecutors
assigned to the court. In the event that a problem arises between an assistant district
attorney and the investigator, the individuals involved should make every effort to
remedy the problem with the assistant and/or the chief prosecutor of the court. If in the
opinion of the investigator or assistant district attorney a workable solution cannot be
attained, then the division chief shall be made aware of the problem, and the Division
Chief will then consult with the Felony Trial Bureau Chief in order to find a workable
solution.
Investigators will not transport chief prosecutors or other assistants to and from
work or to any other locations by county vehicle except as may be required in the
discharge of the assistant's official duties.
Investigators shall project a professional image at all times. Coat and tie are
required unless a specific assignment or duties dictate a different mode of dress. Female
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investigators shall wear a dress, dress slacks or a skirt and a blouse. In lieu of the
preceding, investigators are authorized to wear their assigned uniforms.
In No Arrest or Bond Forfeiture cases, the Investigator will be responsible for

insuring that correct and accurate information concerning the defendant and the case is
entered into NCIC and TCIC databases and he/she will act as the liaison between the
court and other law enforcement agencies in an effort to apprehend the fugitive.
SECTION 6.5. GENERAL POLICIES AND PROCEDURES
(a) Parole Protest

In the appropriate case, when the disposing Assistant District Attorney feels that
a defendant who has been convicted should not be paroled, the Assistant District
Attorney will be given an opportunity to protest parole.
Each week, the District Court Chief will receive a list of the defendants convicted
in that court that are eligible for parole consideration. It is the responsibility of the
Chief in the court to review all parole notifications and respond appropriately and on a
timely basis. The administrative assistant for the Trial Bureau Chief shall maintain the
Parole Protest Database and will periodically check to ensure that a timely response has
been made. If no response is received in 60 days, the administrative assistant will notify
the Trial Bureau Chief.
If the District Court Chief or the disposing Assistant District Attorney elects to
protest the parole of a defendant, the prosecutor will draft a letter stating the reasons for
the protest. A copy of the protest letter will be maintained in the Parole Protest Data
Base. Prosecutors will also be able to access previously filed protest letters from the
Parole Protest Database.
Any letter protesting parole shall be sent to the First Assistant for approval. The
Executive Assistant to the First Assistant will forward the letter to the Board of Pardons
and Paroles after approval.
(b) Management of Felony Case Files

The Felony Division administrative assistant shall prepare a computerized record
and/or card for each case in tracking the cases prior to indictment. Cases will be
assigned to Grand Jury assistants as directed by the grand jury division chief and the
name of the Grand Jury Assistant placed on the file in the appropriate block to be later
transferred by the district court administrative assistant to the computerized record
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and/or card. If the file is pulled for an examining trial, the date, the assistant district
attorney, and the magistrate should be noted on the card and on the file. The file shall
remain in the custody of the grand jury assistant except during the examining trial.
(c) Grand Jury Presentation

All efforts shall be made to present a case to grand jury before the arraignment
setting. Upon written request by a defendant to present evidence to a Grand Jury, the
prosecutor shall notify the Grand Jury of such a request. After presentation, the true bill
files shall be delivered by the Grand Jury intern directly to the district court
administrative assistant. No-bills shall be returned to Central Records and then to the
district court administrative assistant and the administrative assistant will note the
disposition of the case on the computer card file. No-Bill case files will be reviewed by
the Court Chief before the file is returned to Central Records. The district court
administrative assistant will then return the no billed case to Central Records.
When a case has been no-billed no prosecutor may represent that case without
first checking with his supervisor and thereafter receiving the written permission of the
District Attorney or in her absence the First Assistant District Attorney. No case will be
considered for re-presentment unless there is additional evidence which was not
available to the grand jury at the initial presentment. It will be an exceptional
circumstance before the District Attorney will approve re-presentment. The writing
authorizing representation, if it is authorized, will be placed in the case file. Any Grand
Jury that hears a represented case will be told that the case is being represented after a
No-Bill and that approval has been obtained from the District Attorney to represent the
matter.
The grand jury division policy and procedures are further defined and described
in Chapter 4 of this operations manual.
(d) Misdemeanors Filed as Felonies

If it is determined that a felony complaint should have been filed as a
misdemeanor, a misdemeanor indictment should be sought. If the accused is still in
custody, the process should be accelerated to minimize pre-trial detention. Each
prosecutor should familiarize himself or herself with the policies concerning bail on
such matters.
(e) Violation of a Protective Order or Magistrate's Order Case

All cases involving a violation of a protective order or magistrate's order are to be
sent to the Family Criminal Law Division. The chief of the court shall refer the case as
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soon as it is screened for arraignment day. Those cases appearing on the morning jail
docket should be handled by court prosecutors and then referred to the Family Criminal
Law Division, unless the case was disposed of in court on the PIA docket.
(f) Maintenance of Felony File Folders

The assistant to whom the case is assigned shall indicate all action as to the case
in the appropriate place on the file folder. Dismissal of any case is to be approved by the
Chief Prosecutor, in accordance with the directives in the "Prosecutor's Discretion" in
Chapter 10 of this Operations Manual. The reasons for dismissal shall be accurately and
legibly reflected on the front of the file folder, except in those circumstances where
exceptional reasons exist, such information may be placed inside the case file folder, so
long as the outside reflects where such information may be found.
(g) Motion to Revoke Probations

The Chief Prosecutor shall check the accuracy and wording of all motions typed
by the Community Supervision and Corrections Department. Motions to Revoke or
Adjudicate will not be filed unless it is the genuine desire to see probation revoked or
guilt adjudicated. Motions to Revoke will not be filed for the purpose of seeking "jail
therapy." After the Motion has been filed, it shall be delivered to the court
administrative assistant so that a new file can be made. In cases involving felonies, the
administrative assistant should order the original file from central records so that the
original felony file folder can be sent to the prosecutor handling the case.
(h) Capital Murder
The District Attorney shall personally make the determination as to whether the
State will seek the death penalty in any case in which a capital murder indictment is
returned. In order to effectively implement this policy, the following procedures shall
be followed:
1. The Chief of Intake will make the initial determination as to whether capital
murder charges will be filed. The decision will be made based upon the
sufficiency of the evidence. If there is a prima facia capital case, it shall be
filed as a capital murder.
2. The Chief of the Court in which the case has been assigned will prepare the
case for presentation to the grand jury. The case should be given preference in
this regard and the investigation should be thoroughly completed. When the
case is ready for presentation, the Chief shall prepare a memorandum outlining
the facts of the case so that an informed decision may be made as to whether a
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capital murder indictment should be presented and whether or not the death
penalty will be sought. Assistants shall take pains to insure that the race of the
complainant or the defendant is not reflected in the memorandum. The
Division Chief, as well as the Chief of the Trial Bureau, will be available for
consultation any time during this presentation. The memorandum will be
submitted by the appropriate Felony Division Chief to the Chief of the Trial
Bureau. The Assistant, Felony Division Chief, and Trial Bureau Chief shall
make recommendations in writing as to what they believe the appropriate
results should be. The First Assistant will make the decision whether to
present the case to grand jury for a capital murder indictment based on the
memorandum and consultation with herein listed personnel. The District
Attorney will make the final decision if it is the recommendation of the First
Assistant, Felony Division Chief and the Chief of the Trial Bureau that the
State should seek the death penalty. If the death penalty is not being sought,
then the First Assistant shall authorize any punishment other than Capital Life.
3. Any discussion with defense counsel as to disposition other than by trial will
be conducted by the Assistant District Attorney in the context that the First
Assistant will make any final decision as to ultimate disposition of the case.
The Chief of the District Court will try all capital murder cases unless the
District Attorney or First Assistant District Attorney authorizes some other
prosecutor to handle the matter. In all such prosecutions, two attorneys
representing the State shall participate, one of which must be the Chief of the
Trial Court, unless the Trial Bureau Chief approves to the contrary.
4. A psychiatric examination should be considered at an early stage in all capital

murder cases.
(i) Applications For Pre-conviction Habeas Corpus Relief

When an application for habeas corpus relief is filed by an accused, it is the
responsibility of the prosecutors in whose court the petition is filed to represent the State
on any hearing set on the application. If relief is denied and an appeal taken (such as in
the case of a refusal to lower bail), the trial court prosecutor shall notify the Appellate
Division.
(j) Juvenile Certification Case Flow

When a Motion to Waive Jurisdiction (Certification) is granted by the Juvenile
Court, the District Clerk will assign a felony case and court number to that action. The
Prosecutor in whose court the case is assigned should open a file on that case by having
a felony file folder typed with the usual information including the cause and court
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number and the words "Juvenile Certification" in parenthesis under the name of the
defendant. The information card on the outside of the file should be sent to Central
Records. The case will not be filed with the District Clerk at Intake, but will be
presented by the prosecutor to the Grand Jury as if the case had already been filed
(presented directly to the Grand Jury but with the District Court cause and court number
already assigned). See also Section 6.6 et.seq. Juvenile Division.
NOTE: On any direct-to-the-Grand-Jury case, including juvenile certifications, the point

of entry for all matters will be through the District Attorney Intake Management System
(DIMS). For more on how to use DIMS see the Section on Intake.
(k) Examining Trials

No prosecutor shall present a case to the Grand jury until after an examining trial,
if one is requested by counsel for the defendant.
Exceptions to this general rule are as follows:
1. All murder cases; Solicitation of Capital Murder cases; Aggravated Controlled

Substance cases; Child Abuse cases; and any offense arising under Chapter 71
Organized Crime.
2. Cases in which the attorney for the accused agrees to waive examining trial, or is
given the opportunity to read or has read the entire state's file or has been
provided a copy of the offense report.
3. Cases in which the attorney for the accused fails to appear at an examining trial,
or otherwise unreasonably delays the examining trial process.
4. Cases involving such extraordinary circumstances that require or suggest that an

examining trial will unduly affect the ends of justice. If any assistant believes this
to be the case, prior approval of the appropriate Felony Division Chief must be
first obtained before going to the Grand Jury to avoid an examining trial.
(l) State's Right to Appeal

Effective December 1, 1987, S.B. No. 762 amended Article 44.01 of the Code of
Criminal Procedure and provided that the State has a limited right to appeal an order of
a trial court in a criminal case.
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This legislation provides that only the elected District Attorney may give notice
of appeal in behalf of the State of Texas. Pursuant to Article 44.01, C.C.P. and Rule
25.2(a)(1) of the Rules of Appellate Procedure, the District Attorney must personally
authorize a State’s appeal and personally sign the Notice of Appeal. No assistant district
attorney may authorize a State's appeal.
If any assistant believes that a trial court has erroneously:
1. Dismissed an indictment, information or complaint, or any portion thereof, or
2. Arrested or modified a judgment, or
3. Granted a new trial, or
4. Sustained a claim of former jeopardy, or
5. Granted a motion to suppress evidence, confession or an admission, or
6. Entered an illegal sentence,
that assistant shall submit a written memorandum to the General Counsel or Chief
of the Appellate Division suggesting that appeal be taken. The form for the
memorandum may be obtained on the office’s computer database, or from the
Chief of the Appellate Division. The memorandum shall include all pertinent
case law regarding why the trial court was in error and set forth, in sufficient
detail, all pertinent facts and background surrounding the request. Since the State
has only twenty (20) days to give its notice from the date of entry of the
erroneous order, ruling, or sentence, the request must be submitted in a timely
fashion. Remember too that only the District Attorney personally may give such
notice.
The Chief of the Appellate Division, upon receipt of the memorandum, shall
promptly assemble a panel composed of attorneys in the Appellate Division.
These persons shall recommend to the District Attorney, in writing, whether or

not an appeal should be taken. The decision to appeal, or not, will be made by the
District Attorney based upon the circumstances of the individual case, the legal
consequences of the effort, and the spirit of the legislation that originally gave the State
the right to appeal.
(m) Interns
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Interns shall be assigned by the Office of the General Counsel as needed in the
courts. The interns shall assist the assistants at docket call and in the office, and
generally prepare cases for trial.
Interns shall, at all times, act in a helpful and professional manner as a

representative of the office of the District Attorney and shall be persons of high
integrity. Interns with third year practice authorization are prohibited from sitting as first
chair prosecutors in any trial unless they have the full assistance of a supervisor at the
counsel table. Chief prosecutors are responsible for the conduct of their interns.
Felony non-paid interns should not participate in plea negotiations, nor should
they be used to contact a victim or survivors in lieu of a prosecutor or investigator
concerning crimes involving acts of violence.
Non-paid interns may never sit first chair in a jury trial. They may sit first chair in
felony trials before the court, provided that a Division Chief has given prior approval for
such participation in the particular case, and provided further that the Division Chief has
made arrangement for a supervising attorney to sit with the intern at all time during the
proceedings.
Non-paid interns may never sit first chair in the trial of a misdemeanor case to a
jury unless approved in advance by the Chief of the Trial Bureau. A non-paid intern
may never sit first chair in a misdemeanor trial to the court, unless approved in advance
by the Misdemeanor Division Chief or the Deputy Chief.
Paid interns only may participate as first chair prosecutors in jury and court trials,
provided that a supervising attorney is present during the proceedings at all times.
Any intern, paid or non-paid, who participates in the prosecution of a

misdemeanor or felony under the above rules must always have a supervising assistant
district attorney present in the court room during all proceedings.
(n) Resolution of Special Prosecutions - Trial Bureau Conflicts
1. Cases Originating in Special Prosecutions

Cases originating in the Special Prosecutions Bureau may be handled by Special
Prosecutions or the Trial Bureau. The final decision as to who handles a case in trial
that originated in Special Prosecutions Bureau is decided by the Bureau Chief of Special
Prosecutions Bureau.
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If multiple parties are involved in an investigation by Special Prosecutions, and
the Trial Bureau prosecutors are handling a charged defendant, Special Prosecutions
will solicit input from the Trial Bureau assistants with regards to decisions that have the
potential to impact the Trial Bureau's pending case.
2. Major Offender Division

The Major Offender Division prosecutors will have the first option to try any case
handled in the Major Offender Division. The Chief Prosecutor and the Division Chiefs
will have no right to refuse to try a case turned over to them by the Major Offender
Division. The decision as to who is responsible for the trial of a Major Offender
prosecution shall be made within one week of any indictment in such cases.
Conflicts between the Bureau Chiefs or Division Chiefs will be resolved by the
First Assistant District Attorney.
(o) Informants -- Special Consideration

Requests for special consideration for informants usually occur in one of two
situations:
One such circumstance is where a defendant has a case pending and he and his
attorney seek to have him become an informant to give future information in order to
"work off" his pending case(s). If the Trial Bureau prosecutor has no objections to this
arrangement, it should be referred to the Chief of the Major Offenders Division, or one
of that Division's members, of The Special Prosecutions Bureau for approval. If the
Special Prosecutions prosecutor enters into a contract with the defendant and his
attorney, he will inform the trial prosecutor of that circumstance and notify the trial
prosecutor on completion, or failure to complete, such a contract.
Another circumstance is where a defendant has a case pending, and a police

officer who has used the defendant as an informant in the past requests special
consideration in the form of a more lenient sentence or outcome. In such a case the
Trial Bureau prosecutor shall make the determination as to whether or not such
consideration should be given. If the Trial Bureau prosecutor decides to allow some
consideration for past service by the defendant, the following procedure shall be
followed:
The requesting officer must produce his request in writing with approval of a
supervisor of the grade of Lieutenant or above attached thereto. The Chief of Special
Prosecutions or one of the members of the Major Offenders Division must be notified to
determine if the informant has good, bad or no past history with regards to information
225
furnished. Both The Chief prosecutor in the trial court and the First Assistant District
Attorney must approve such special consideration in writing, which shall become a part
of the file. Additionally, Special Prosecutions shall log the special consideration
information. It is the Trial Bureau prosecutor's responsibility to ensure that such
information is communicated to Special Prosecutions.
All personnel of this office shall restrict their contact with informants to the
limited professional contact necessary to carry forward the reason for utilizing such
informant, and no other contact is permitted.
(p) DNA Testing

There may be occasions where either the defendant or the court requests DNA
testing.
If biological material is present and is relevant to the issue of guilt, the State shall
request DNA testing. If all of the evidence is expected to be consumed in testing, the
prosecutor should notify the defense prior to testing.
(q) Filing of Charges for Bail Jumping and Failure to Appear under Penal Code
Section 38.10
Penal Code Section 38.10 provides the elements of the offense of Bail Jumping and
Failure to Appear, along with certain defenses. One defense is that the actor had ―a
reasonable excuse‖ for his failure to appear in accordance with the terms of his release.
Therefore, before the prosecutor in a case files such charges, some investigation must be
completed. Such investigation might include:
 a physical check at defendant’s last known address;

 a check with neighbors of that address;
 a check for any forwarding address, such as at an apartment complex office;
 a conversation with defendant’s bondsman;
 a determination that the defendant personally signed a reset form and the bail
bond; and,
 a TCIC/NCIC check for arrests that indicate the defendant is in custody.
The Bond Forfeiture Division will ordinarily take a final judgment for the full
amount of the defendant’s bond within a set period of time – in a felony case, 270 days
after the date the defendant fails to appear, and in a misdemeanor case, 180 days after
the defendant fails to appear. At that time, the attorney handling the bond forfeiture
case should provide notice to the Chief of the court where the criminal case is pending.
226
The prosecutor handling the criminal case should then consider filing a charge of Bail
Jumping and Failure to Appear, if such charge has not already been filed.
In the discretion of the Chief of the court where the criminal case is pending, the
additional charge may be filed earlier. Circumstances that may justify filing charges
before the 270-day or 180-day bond forfeiture event are:
 the defendant does not appear at a jury trial date;

 the bondsman represents that defendant has absconded; and/or,
 a witness is missing in the criminal case.
(r) Obtaining Pre-Trial Rulings on Motions to Suppress
Pursuant to Code of Criminal Procedure Art. 44.01(a)(5), the State may not
appeal a trial court’s decision to suppress evidence if the ruling is made after jeopardy
has attached in the case. Thus, in every prosecution where the defense files a motion to
suppress evidence, including evidence obtained as a result of an allegedly illegal search,
arrest or detention, of an in-court or out-of-court identification, or of a statement of the
accused, the assistant handling the case shall endeavor to preserve the State’s right to
appeal a potential adverse ruling by presenting to the court a written motion for a
pretrial hearing and ruling on the issue. However, where the assistant determines that
the motion to suppress evidence is frivolous or perfunctory, or has been filed solely to
discover the testimony of the State’s witnesses, he or she may acquiesce to having the
suppression issue decided during the trial after jeopardy has attached if the assistant has
carefully considered all of the circumstances and determined that suppression is
unlikely.
A form Motion For Pre-Trial Hearing and Order follow:
227
CAUSE NO. __________
THE STATE OF TEXAS § IN THE ____ DISTRICT COURT
VS § OF
_____________________ § HARRIS COUNTY, TEXAS
STATE’S MOTION FOR PRE-TRIAL HEARING ON

DEFENDANT’S MOTION(S) TO SUPPRESS EVIDENCE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, the undersigned Assistant District Attorney and requests that the
Court determine the Defendant’s Motion(s) to Suppress Evidence prior to the
attachment of jeopardy in this cause.
In support thereof the State would show the following:
1. The Defendant has filed motion(s) seeking to suppress evidence in this cause.
2. Pursuant to Code of Criminal Procedure Art. 44.01(a)(5), the State is prohibited from
appealing a possible ruling by this Court granting the Defendant’s motion(s) to suppress
the State’s evidence if the Court’s ruling is made after the attachment of jeopardy in this
cause.
3. In order to preserve the State’s right to appeal the granting of Defendant’s motion(s)
to suppress evidence in the event the Court grants the motion(s), the issues raised by the
Defendant’s motion(s) must be determined prior to the commencement of the trial and
attachment of jeopardy in this cause.
WHEREFORE, PREMISES CONSIDERED, the State requests that the Court grant a
pretrial hearing on the Defendant’s motion(s) to suppress so that in the event the Court
suppresses the State’s evidence, the State may preserve its right of appeal under Art.
44.01(a)(5).
228
Respectfully submitted,
_________________________
___________________(print)
Assistant District Attorney
Harris County, Texas
State Bar No. ___________
CERTIFICATE OF SERVICE
I, the undersigned Assistant District Attorney, hereby certify that a true and
correct copy of the foregoing State’s Motion for Pretrial Hearing on Defendant’s
Motion to Suppress Evidence was delivered to the attorney for the defendant by
_______________ on this, the ____ day of ____________, 20__.
_________________________
___________________ (print)
229
CAUSE NO. __________
THE STATE OF TEXAS § IN THE _____ DISTRICT COURT
VS § OF
_____________________ § HARRIS COUNTY, TEXAS
ORDER
On this, the ___ day of __________, 20__, the foregoing State’s Motion for
Pretrial Hearing on Defendant’s Motion(s) to Suppress Evidence was presented to the
Court. Having considered the State’s Motion, the Court is of the opinion that the Motion
should be
_________ GRANTED
_________ DENIED.
_________________________
Judge Presiding
_____ District Court
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6.6. JUVENILE DIVISION
A juvenile case is governed by the Texas Rules of Civil Procedure, criminal
substantive law, and the Juvenile Justice Code, located in Title 3 of the Texas Family
Code. Juveniles are persons who have reached the anniversary of their tenth year but not
the anniversary of the seventeenth year, at the time of the commission of the offense.
When such a person is alleged to have committed a criminal offense a petition is filed
rather than a complaint or an indictment. The petition is based on information and belief
and must describe the alleged crime with reasonable particularity. In practice the same
form used to describe the crime if the person were an adult is used in juvenile court. The
petition must include the name and address of his parents, custodians or guardians are
included since they are considered parties to the suit.
The terminology employed reflects the use of the rules of civil procedure. The
juvenile is termed the "respondent" rather than the "defendant", and it is not a question
of whether the child is guilty but whether he or she is delinquent or in need of
supervision. Instead of a punishment phase of the trial, there is the disposition stage
where the court considers placement and not punishment (unless determinate sentencing
is sought).
A petition is filed in the juvenile court under one of two categories. The first is
delinquent conduct as defined by section 51.03 (a) of the Juvenile Justice Code, which
includes violations of the penal laws of this state punishable by imprisonment or by
confinement in jail and certain violations of disposition orders of the juvenile court. The
second is conduct indicating a need for supervision (called CHINS) as defined by
Section 51.03 (c) of the Juvenile Justice Code. This category includes truants, runaways
and habitual violators of crimes and ordinances that are not punishable by imprisonment
or by confinement in jail. The important distinction is that those juveniles declared
delinquent can be committed to the Texas Youth Commission, while those declared in
need of supervision cannot be committed.
In addition to allegations regarding the conduct of the child, all petitions must
include requests that the juvenile court order restitution to the victim, where applicable,
and court costs, probation fees, and child support if the parents, custodians or guardians
are financially able to pay said fees.
The Juvenile Division consists of the Chief of the Division, Chief Prosecutors
assigned to each of the three juvenile courts, one Chief Prosecutor of Detention Court,
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one Chief Prosecutor of the Truancy Section, assistant district attorneys, investigators
and other support personnel as assigned.
(a) Chief of the Juvenile Division

The Chief of the Division supervises all personnel within the Division and
oversees all evaluations of personnel. The Chief is responsible for semi-annual
evaluations by July 1st and January 1st of each year, or as directed by the First
Assistant, and reports to the Chief of the Trial Bureau. This person acts as liaison to the
juvenile courts and insures that they are properly staffed. This person shall make
transfers and temporary assignments as is required to maintain the staffing within the
juvenile system.
The Chief of the Division shall make recommendations to the Trial Bureau Chief
and the District Attorney for promotion of personnel to higher positions. The Chief will
be available to counsel with assistants concerning problems in the courts, cases with
individual recommendations, dispositions, legal problems and personnel problems. The
Chief shall oversee the case flow, filing procedures, special assignments of cases and
other administrative duties of all personnel within the division.
The Chief of the Division shall maintain liaison with police departments, citizen
representatives and other segments of the criminal justice system with regards to
juvenile cases. The Chief shall see that all division reports are timely filed and shall
assist the Chief of the Professional Development, Community Protection & Ethics
Bureau with the training of new assistants and assist with ideas and suggestions of
training opportunities as much as possible.
The Chief will personally try any cases assigned by the Chief of the Trial Bureau
or the District Attorney or as desired by the Chief as duties permit. Acts or allegations
of misconduct made against any assistant, judge, defense attorney or public official or
officer shall be reported by the Chief of the Juvenile Division to the Chief of the Trial
Bureau, First Assistant, or District Attorney along with any recommendations in the
matter. Also, the Chief is to report any highly unusual incidents in the same manner.
The Chief shall see that personnel do their assigned duties, work at least forty
(40) hours per week, and observe the work of the assistants in each of the juvenile
courts on a weekly basis. The Chief of the Juvenile Division shall answer and return all
phone calls, letters, prepare motions, pleadings and answers in a timely fashion and see
those assistants in the division do likewise.
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(b) Chief Prosecutors of Juvenile Courts
Chief prosecutors of juvenile courts are to supervise the assistants and any other
personnel in their charge and to make such assignments as needed concerning cases
pending in court. The Chief is to prepare evaluations of the personnel assigned to the
respective courts and keep the Chief of the Juvenile Division well informed of the
progress of the assistants in their charge and to see that the policies and rules of the
office are carried out. The Chief Prosecutors of juvenile courts are to be available to
counsel and assist the prosecutors under their supervision, to be prompt at docket call,
and remain in court throughout docket call and oversee activities of assistants under
their supervision. It shall be the responsibility of the Chief Prosecutor of the juvenile
court to make decisions on cases effectively and assist in the trial of those cases with the
assistants under their supervision. The chief prosecutor shall show proper respect to the
court and be courteous with defense counsel, victims, witnesses, and others in the
criminal justice system. Any acts or allegations of misconduct made against any
assistant, judge, defense attorney, police officer or public official shall immediately be
reported to the Chief of the Juvenile Division, the Chief of the Trial Bureau, First
Assistant or District Attorney. The Chief prosecutor shall be certain the personnel in
their charge shall follow the oral and written directives of the District Attorney, the
Operations Manual and the State Bar Disciplinary Rules. Further, all personnel under
the supervision of the Chief shall work forty (40) hours per week and the chief shall
observe personnel on a regular basis. The Chief shall assign all cases in the court and
make reassignments of cases as appropriate.
The Chief Prosecutor or the #2 prosecutor shall try all certification motions in the
juvenile court. In any case in which the District Attorney seeks proceedings under the
determinate sentence law, the Chief Prosecutor or the #2 prosecutor shall present the
case to the Grand Jury, prosecute the case, and represent the State in any subsequent
release/transfer hearing.
Each court, under the supervision of the Chief, shall have a system for reviewing
cases and making recommendations; the Chief shall review personally any unusual, or
highly publicized case. Files shall be secure from all unauthorized personnel and all
action on a file shall be appropriately noted.
The Chief of each juvenile court shall be responsible for preparing written
evaluations of the #2 prosecutor, the #3a Prosecutor, the #3b Prosecutor, and the
secretary assigned to the juvenile court.
(c) Chief Prosecutor of Detention Court
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The Chief Prosecutor of Detention Court shall oversee the juvenile intake process
and represent the State in Juvenile Detention Court during probable cause and detention
hearings. The Chief shall be responsible for pulling the morning detention docket,
preparing and maintaining prosecutor detention court files, and presenting probable
cause information during detention hearings.
Among the duties of the Chief Prosecutor of Detention Court are the handling of
intake questions from officers, assisting with the preparation of complex pleadings and
unusual cases, and acting as a liaison with the Harris County Juvenile Probation
Department regarding unusual detention situations (requests for shelter, out-of-state
warrants, CPS custody).
The Chief shall supervise the JOTS clerk and monitor all sexual assault files
submitted and logged into the Juvenile Division. The Chief shall be responsible for all
Interstate Compact requests, assist officers with directives to apprehend, and assist law
enforcement officers and prosecutors with the preparation of over-18 cases for juvenile
court proceedings.
(d) Chief Prosecutor of the Truancy Section
The Chief Prosecutor of the Truancy Section shall supervise all truancy
prosecutors and support personnel, and be responsible for evaluating the job
performance of each employee assigned to the section. The Chief Prosecutor shall
assign designated truancy prosecutors to work dockets at the Harris County Justice
Courts with pending cases filed through the District Attorney’s Office Stay in School
Program. In addition, the Chief of the Truancy Section shall prepare and disseminate
Stay in School Program memoranda of understanding, and assure compliance with those
agreements. The Chief shall assist partner agencies in preparing and administering
grants used by the Stay in School Program, report regularly to participating school
district administrations regarding Stay in School Program statistics, coordinate
information technology needs, and file and prosecute contempt of court charges in
juvenile district court.
The Chief of the Truancy Section shall coordinate the training of Stay in School
Program partners in courts and school districts, the dissemination of District Attorney
warning letters, and the compliance with the City of Houston interlocal agreement. The
Chief shall maintain relations with justices of the peace participating in the Stay in
School Program and prosecute truancy cases in justice court as needed by caseload.
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(e) Assistant District Attorneys
Assistant district attorneys assigned to the juvenile division shall work at least
forty (40) hours per week, attend docket call until the cases are disposed of, and prepare
and try cases as assigned by the chief prosecutor. The assistant district attorney shall
review and be knowledgeable about all cases on the docket. In court and in the office,
the assistant shall be respectful to the bench, court personnel, witnesses, and victims.
Each assistant shall have screening duties for the filing of juvenile charges and shall
carry out all the lawful orders of supervisors, the directives of the Operations Manual
and the State Bar Disciplinary Rules. The assistants shall immediately report any act or
allegation of misconduct against any assistant, judge, defense attorney, police officer or
public official to the Chief of the Juvenile Court, Chief of the Juvenile Division, Chief
of the Trial Bureau, First Assistant or District Attorney.
(f) Investigators
Investigators assigned to this division report directly to the Chief of the Juvenile
Division and the Trial Bureau Chief. Investigators shall perform assignments as directed
by the Chief of the Juvenile Division, other prosecutors assigned to the division, or the
Trial Bureau Chief. They are directly responsible for handling the day-to-day
investigative needs of this division.
(g) Administrative Assistants

In addition to general secretarial work for the juvenile division, including the
handling of mail, answering the phone, maintaining and filing case folders,
administrative assistants shall follow all the lawful orders of supervisors and the
directives of the Operations Manual. Duties include typing and filing pleadings after
screening by a prosecutor; preparing file folders and stipulations for each case; typing
and filing orders; maintaining records of certifications; assembling files for docket call
and filing after docket call; coordinating the filing of pleadings and orders with the
courts, clerk's office, and juvenile probation department. Finally, the administrative
assistants shall prepare the monthly report of the activities of the division. The
administrative assistants shall assist in issuing subpoenas, coordinating witnesses, and
responding to inquiries from victims as to the status of cases.
1. Juvenile Division Chief Administrative Assistant

Duties include all general secretarial duties as listed in the Operations
Manual and specific duties as outlined for the Juvenile Division which
include:
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The morning report; maintaining the juvenile certification, determinate
sentencing, intake, and Texas Youth Commission release databases;
assuming responsibilities for administrative assistants who are out of the
office; preparing semi-annual and annual reports for the division; entering
all rejections into the Juvenile Offender Tracking System (JOTS), typing
jury charges, ordering office supplies, printing/gathering all supporting
documents for Violations of Probation (VOP’s), handling all JOTS
inquiries, obtaining documents necessary for requests to seal juvenile
records; training of new administrative assistants and JOTS clerks assigned
to the Juvenile Division.
2. Juvenile Division Court Administrative Assistant
Duties include all general secretarial duties as listed in the Operations

Manual and specific duties as outlined for the Juvenile Division which
include:
Typing and mailing contact letters; typing subpoenas; maintaining a case database for
the juvenile court; typing VOP’s; typing determinate sentence paperwork and grand jury
agendas; preparing monthly reports; pulling successfully completed deferred
prosecution cases and preparing them for nonsuits (dismissal); and coordinating with
defense attorneys to view prosecution files.
3. Juvenile Offender Tracking System (JOTS) Clerk:
Duties include printing out all JOTS summaries; printing criminal histories
for JOTS screening; obtaining offense reports from police agencies;
printing master display’s and referral summaries for each juvenile from
JOTS; combining all printouts for JOTS packets and distributing them to
the appropriate prosecutors for case review; maintaining and updating a
sexual assault case log book; logging in all sexual assault cases and
distributing them to prosecutors for screening; filing felony disposed cases;
making a mail run twice a day to the Criminal Justice Center and
distributing the mail to division administrative assistants; picking up
petitions from administrative assistants and delivering them to the Harris
County District Clerk’s Office three times a day; collecting filed petitions
from the District Clerk and distributing them to the appropriate court
administrative assistants; and assisting the Chief of Detention Court in
collecting any documents needed for probable cause hearings.
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(h) Truancy Section Case Manager
The Truancy Section Case Manager shall print and mail Stay in School Program
warning letters, answer telephones for the Truancy Section, coordinate the monthly
prosecutor justice court calendar, prepare files for justice court dockets, maintain user
accounts for the Stay in School database, file Truancy Section case files, assist Stay in
School Program partners with procedures, prepare statistical reports from Information
Systems Technology, schedule training sessions for Stay in School Program partners,
sort and distribute returned Stay in School warning letters, and answer basic procedural
questions from the parents of juveniles.
6.8. GENERAL POLICIES AND PROCEDURES JUVENILE DIVISION
(a) Leaving the Office

Upon leaving the office, a prosecutor is to inform the administrative assistant of
the court where he or she may be located, and when he or she will return to the office. In
the event the administrative assistant is unavailable, the assistant should notify some
other staff member that will be present in the court unit.
(b) Filing a Case

Juvenile Division cases are filed by prosecutors in the Juvenile Division after the
JOTS printout, offense report and court investigation report (CIR) are received. The
CIR, which comes from the Juvenile Probation Department, lists previous referrals,
dates of court appearances, previous dispositions and current status of the juvenile. The
prosecutor screening a case should choose the correct pleading from the pleading
database, list the necessary information on the front page of the JOTS printout, and date
and initial the JOTS printout. The JOTS printout should then be returned to the
administrative assistant for typing and filing of a petition.
(c) Timely Filing

Cases in which a juvenile is detained in custody are given screening priority. The
initial detention hearing date is noted on the front of the JOTS printout. Local rules of
the juvenile courts require filing of detention cases within 72 hours of detention. Such
cases will be docketed by the court manager's office for a date ten (10) days after the
first detention hearing.
(d) Rejection of Charges

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Cases which the screening prosecutor declines to file should be reviewed and
initialed by that prosecutor and a Chief Prosecutor in the division. Reasons for the
rejection should be noted on the JOTS printout. If the juvenile is in detention, the
screening prosecutor shall notify a representative of the Harris County Juvenile
Probation Department that the charge is being rejected, and that the juvenile should be
released from detention. The screening prosecutor shall immediately forward the JOTS
printout regarding the rejected charge to the Juvenile Division Chief Administrative
Assistant for entry into the JOTS database.
(e) Subpoenas and Witnesses

A prosecutor shall be responsible for subpoenaing witnesses on their individually
assigned cases. Only those witnesses absolutely necessary for trial shall be subpoenaed;
witnesses shall be treated courteously and inconvenience shall be minimized.
Prosecutors shall be responsible for notifying witnesses when they need not appear and
will place witnesses on call when possible.
(f) Dismissal of Cases

The Chief Prosecutor of a court or the Chief of the Juvenile Division must
approve the dismissal or non-suit of any case. The State's file shall be appropriately
marked to reflect the reason for dismissal, the approval of the Chief, and the date of the
dismissal.
(g) Deferred Prosecution on Petitioned Cases

The Chief Prosecutor of the court shall approve the disposition of any case where
the State has agreed to deferred prosecution. The State's file shall be appropriately
marked to reflect the disposition of the case, the approval of the Chief and the date of
the disposition.
(h) Non-Petition Deferred Prosecution
With the limited exceptions listed below, juveniles charged with class A or B
misdemeanors are eligible for the non-petition deferred prosecution program. To be
eligible to participate in the program the juvenile must be a first offender with no
previous juvenile court history and not have previously participated in the program.
The following offenses are not eligible for the program: burglary of a motor
vehicle cases, offenses involving violence to a person, weapons offenses, driving while
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intoxicated, flying while intoxicated, boating while intoxicated, intoxication assault, and
intoxication manslaughter.
Juvenile prosecutors should review the JOTS printout to verify that the juvenile is
a first offender eligible for the program, that the offense has been properly classified as
a class A or class B misdemeanor, that the offense not a type ineligible for the program,
and that the charge is supported by probable cause. If a prosecutor reviews a case and
determines that a petition should be filed because the facts justify raising the charge to a
felony or the facts fit under a type of case not eligible for the program, the prosecutor
shall notify a representative of the Harris County Juvenile Probation Department prior
to filing a petition.
If a Juvenile Division prosecutor reviews a felony offense, an offense involving

violence to a person, an offense involving a weapon, or a burglary of a motor vehicle
case, and believes there are facts or circumstances that merit the juvenile being diverted
to the program, the prosecutor shall present the case to the Chief of the Juvenile
Division for approval.
(i) Filing of Certifications

The filing of Motions to Waive Jurisdiction shall be initiated by the Chief of the
Juvenile Division, the Chief Prosecutor assigned to the juvenile court, or the #2
Prosecutor assigned to the juvenile court. Any cases involving an aggravated offense
committed by a person over the age of fifteen (15) years will be screened for
certification. No waiver motion may be filed without the approval of the District
Attorney, First Assistant, or Trial Bureau Chief.
(j) Withdrawal of Certifications

No Motion to Waive Jurisdiction may be withdrawn without prior approval of the
District Attorney. Any Chief prosecutor seeking approval to withdraw a waiver motion
shall state his or her reasons in writing.
(k) Certified Juvenile Cases DIMS Assignment

When a juvenile is certified to be tried as an adult, the Juvenile Division
prosecutor shall be responsible for inputting DIMS information and data on the DIM 12
screen. This is the same procedure that is used when an adult case is sent directly to the
Grand Jury. This information will then be available to the District Clerk when cause
number and court assignments are made.
(l) Directives to Apprehend

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Any requests for directives to apprehend made by a representative of the Juvenile
Probation Department or a law enforcement agency will be screened for approval by a
Chief Prosecutor.
(m) Access to Juvenile Computer System

All prosecutors, not just those assigned to the Juvenile Division, have access to
the juvenile records computer system beginning in July of 1995. The system may be
accessed through any personal computer or terminal through which you are presently
accessing JIMS. There are confidentiality restrictions on this information.
This system covers Harris County juvenile records only. Most of the juvenile
offenders are purged from the records keeping computer shortly after the anniversary of
their eighteenth year. The system is not infallible and there are errors found from time to
time. Try and cross check your data whenever possible.
To access these records you must first enter the JIMS system. Next type "JJSG"
then press <enter>. To check a juvenile record by name press "PF1". This will allow
you to enter a name for the person you are inquiring about. There is a search option.
Under this option selecting search option "1" causes the system to search for phonetic
similarities of the name you entered. Selecting "2" checks only those names that you
have exactly spelled as they were entered.
When you find a possibility, i.e. a name and DOB match, enter that line number
to retrieve the information. There are several screens (noted on a menu at the bottom of
the screen once you actually retrieve a name). "PF5" (Master File) contains
demographic information such as last known address, phone number, parents' names,
social security number, last school attended, etc.
"PF4" (court activity) tracks all the court action on a juvenile, with filing
information, petition numbers, and disposition.
"PF6" (referral summary) lists all referrals (arrests) that a juvenile has had from
any agency in the county, with a decision on the referral noted.
It is also possible to get offense report numbers for the various arrests. To do this,
activate the "PF5" screen, and the press <enter> to retrieve consecutive screens.
To search by incident number type "JJSG" <enter>. Next type the incident
(offense report) number beside "Juv. No:" on the main menu. Tab to "Ref. No:" and
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type "inv", then enter "PF10". This will retrieve a name index of all juveniles referred
(arrested) under this incident number.
Juvenile court records and the fact charges have been filed ARE NOT MATTERS
OF PUBLIC RECORD. That circumstance changes, however, if the juvenile is
transferred to criminal court under a certification proceeding, or is transferred to prison
under the determinate sentencing. Transferred means just what it says. It means that the
individual is in prison, as opposed to being ordered sent there.
Juvenile record information may be disclosed to the juvenile's attorney of record.
Juvenile courts have given permission to use juvenile record information in

criminal court on hearings, bonds etc.
Juvenile records may be lawfully shared with a juvenile justice agency or a law
enforcement agency pursuant to Section 58.007(e) of the Juvenile Justice Code. The
Juvenile Division staff should make every effort to advise those individuals who are
lawfully entitled to receive such information that juvenile records are subject to special
rules of confidentiality. Any other dissemination of juvenile record information is a
violation of office policy and may also be unlawful.
(n) Filing for Determinate Sentencing

The filing of a petition which seeks grand jury approval for a trial under the
determinate sentencing law shall be initiated by the Chief of the Juvenile Division, the
Chief Prosecutor assigned to the juvenile court, or the #2 Prosecutor assigned to the
juvenile court.
All cases involving the offenses of capital murder, attempted capital murder,
murder, aggravated kidnapping, aggravated sexual assault, or deadly assault on a law
enforcement officer, corrections officer, or court participant, committed by a juvenile
ten years of age or older, shall be screened for filing under the determinate sentencing
law, Section 53.045 Juvenile Justice Code, by the Chief of the Juvenile Division, or a
Chief Prosecutor in the Juvenile Division.
If the case is approved for grand jury presentation, the screening assistant shall
prepare and file the petition with the assistance of the court secretary.
Any decision to proceed other than under the determinate sentencing law shall be
approved by the Chief of the Juvenile Division.
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CHAPTER 7 PROFESSIONAL DEVELOPMENT, COMMUNITY
The Professional Development, Community Protection and Ethics Bureau

[hereinafter referred to in this Chapter as ―the Bureau‖] consists of the Assistant District
Attorneys, Investigators, Social Workers, Caseworkers, Paralegals, Administrative
Assistants and Interns who are assigned to the:
A. Misdemeanor Division;
B. Justice Court Section;
C. Crimes Against Children Division;
D. Child Exploitation Section;
E. Family Criminal Law Division;
F. Protection of the Elderly and Disabled Section; and
G. Mental Health Section.
The Bureau Chief exercises general supervisory control over the Bureau. His
duties include:
1. to see that each division within the bureau is properly staffed;
2. to be available for consultation concerning legal procedures and personnel;
3. to accumulate and be familiar with evaluation reports and performance
records of personnel within the Bureau;
4. to review requests for equipment, expenditures and personnel; and
5. to evaluate the performance of the division and section chiefs within the
Bureau.
Additionally, The Bureau Chief serves as the Training Coordinator for the office. As
such he shall:
6. Conduct a comprehensive annual spring prosecutor's school, as well as
periodic classes and seminars for the education of the prosecutors
throughout the year;
7. Maintain communication with the Continuing Legal Education Section of
the State Bar of Texas in order to ensure that the prosecutors receive
appropriate CLE. All training activities shall be under his direction;
8. Review for approval any invitation for an ADA to teach or participate in a
seminar, conference, law enforcement academy or other training program.
Refer to Section 2.50 TEACHING AS A SECOND JOB and the form
following that section to be used in requesting approval; and
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9. Review for approval all ADA requests to attend out of office CLE
programs and seminars. Such request should be made by using the form
that follows. The request should be submitted by the ADA to their
supervisor(s) for approval and then given to the Bureau Chief of the
Professional Development, Community Protection and Ethics Bureau for
final approval.
Name of CLE
Sponsor Location
Dates of CLE Date(s) /Time Requested to be absent from Office Date /return to
office
To to
Topics
Expenses not paid by Sponsor
Travel ________ Hotel ________ Meals ________ Other ___________________________________

Other details
Division Chief Approved Not Approved
Division Chief Signature ____________________________________________ Date _____________

Bureau Chief Approved Not Approved
Bureau Chief Signature _____________________________________________ Date _____________
Chief, Professional Development, Community Approved Not Approved
Protection & Ethics Bureau
Chief Signature ___________________________________________________ Date _____________

Program Brochure or other description should be attached.
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Travel to and from CLE during the normal 8:00 AM to 5:00 PM workday is
counted as work time. Attendance at an event involving one or more full days should be
reported on the employee’s timesheet as a regular workday, with 8 hours of work time
and 1 hour lunch period. Attendance at an approved CLE program after the normal
work hours may be counted as compensatory time. Any travel to or from CLE during
hours other than the employee’s regular work hours may be reported as compensatory
time, provided that the time is reasonable and is approved by the employee’s supervisor
who is responsible for approving the timesheet, and approved by the Bureau Chief of
the Professional Development, Community Protection and Ethics Bureau.
SECTION 7.2. MISDEMEANOR DIVISION

The purpose of this Division is to represent the State in misdemeanor cases in the
County Criminal Courts at Law and the Justice of the Peace Courts. The staff consists of
the lawyers, investigators, clerical, and intern personnel, who serve under the direct
supervision of the Chief of the Misdemeanor Division who is supervised by the Bureau
Chief of the Professional Development, Community Protection and Ethics Bureau.
All prosecutors assigned to the Misdemeanor Division shall be prompt and work
forty (40) hours per week. They shall attend docket call, be well prepared on their
assigned cases, make decisions promptly, keep abreast of the law, and be of extremely
high integrity and professional demeanor; at all times, proper respect shall be shown to
the court.
These prosecutors, keeping within the mandate and admonishments contained in

Chapter 7 and Chapter 10 of the Operations Manual, are encouraged to facilitate the
early disposition of all cases and particularly those persons in custody. These
prosecutors shall review their cases in advance, check all pleadings for accuracy, timely
file applications for subpoenas, and prepare and file motions promptly and accurately.
The prosecutor shall contact the crime victim or a family member when the case is
assigned to him. Courtesy shall be extended to all defense attorneys, witnesses, victims,
and other criminal justice personnel.
These prosecutors shall be available during working hours for consultations with
court personnel, defense attorneys, and witnesses.
Each assistant shall carry out the orders of his supervisor, the directives of this
manual, and shall abide by the Texas Disciplinary Rules of Professional Conduct. In this
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light, the prosecutor shall report any act or allegation of misconduct by any assistant,
judge, defense attorney, police officer, or public official to the Division Chief or Deputy
Division Chief.
At the disposition of each case, the case file shall be properly completed to show
such disposition and further the prosecutor will be responsible for the cases in his
charge and the security of the file.
A computer trial report is to be submitted after each trial to the Trial Bureau
Chief's administrative assistant. Both the contested matters report and the computer trial
reports are to be considered in determining promotions and pay raises and it is
absolutely essential this report be properly completed and submitted in a timely manner.

(a) Chief of the Misdemeanor Division
The Chief of the Misdemeanor Division shall be a Division or Court Chief felony
level prosecutor. The Chief will supervise all personnel assigned to the Misdemeanor
Division. It is the Chief’s responsibility to oversee all evaluations of personnel in the
division. The Chief shall turn in semi-annual evaluations by July 1st and January 1 st, or
as directed by the First Assistant. This person acts as liaison to the County Criminal
Courts at Law Judges. The semi-annual evaluations shall be delivered to the Bureau
Chief in a timely fashion.
The Chief shall insure that all courts are staffed as adequately as is possible and to
make temporary transfers when necessary or temporary assignments in order to
guarantee the representation of the State in all misdemeanor trials.
This person shall make recommendations to the Chief of the Professional

Development, Community Protection, and Ethics Bureau, First Assistant, and the
District Attorney for promotion of personnel to higher positions within the
Misdemeanor Division or to other positions in the office.
One of the primary duties of the Chief is to consult with the misdemeanor
prosecutors and advise them concerning various problems that arise from time to time in
the misdemeanor courts. The Chief shall be available to consult with the prosecutors
concerning individual recommendations, dispositions, legal problems, personnel
problems and the filing and re-filing of misdemeanor cases. The Chief shall oversee the
case flow, filing procedures and special assignments of cases and other administrative
duties of all personnel within the divisions. Further the Chief shall act as liaison with
245
other law enforcement agencies and the judiciary. Training shall be a primary concern
of the Chief and in this capacity the Chief shall work closely with the Chief of the
Professional Development, Community Protection, and Ethics Bureau, any training
committee authorized by the Bureau Chief, and the Co-Deputy Chiefs of the
misdemeanor division.
The Chief shall make certain that interns are properly supervised at all times in
accordance with the State Bar rules. Interns are not to be left unsupervised in the courts
at any time.
The Chief of the Misdemeanor Division shall immediately report to the Chief of
the Professional Development, Community Protection, and Ethics Bureau, First
Assistant, and District Attorney any acts or allegations of misconduct made against any
assistant, judge, police officer, defense attorney, or other public official. Further, the
chief shall make a recommendation as to the disposition of such matter.
The Chief shall be certain the employees of the Misdemeanor division carry out
their assigned duties and work forty (40) hours per week. The Chief shall make duty
assignments for administrative assistants, investigators and interns and shall be certain
the justice courts are properly staffed.
The Chief of the Misdemeanor Division shall be responsible for the handling of
cases referred to this office by agencies and boards wherein violation of such
regulations and statutes provide criminal penalties. The Chief shall supervise the
investigation and prosecution of such cases and act as liaison with the various agencies
and boards with regards to such violations.
(b) Co-Deputy Chief of Misdemeanor Division

There will be two Deputy Chiefs of the Misdemeanor Division and they shall be
referred to as Co-Deputy Chief. The Co-Deputy Chief of the Misdemeanor Division
shall be a Felony Court Level 2 ADA. The Misdemeanor Division will be divided into
two groups, Group A and Group B. Group A will consist of Courts 1-7 and Group B
will consist of Courts 8-15. Each Group will be supervised by one of the two Co-
Deputy Chiefs. Each Co-Deputy Chief is to assist the Chief of Misdemeanor Division
in the management and supervision of the Division. Each Co-Deputy Chief of the
Division shall assist the Division Chief with personnel assignments and transfers, advise
assistants and interns pertaining to prosecution of their cases, insure that the courts are
properly staffed, act as liaison with the courts and law enforcement agencies, visit with
the courts on a regular basis and prepare evaluations of the employees assigned to the
Division. The Co-Deputy Chiefs will report any acts or allegations of misconduct made
246
against any assistant, judge, defense counsel, police officer, or other public official to
the Chief of the Misdemeanor Division, the Chief of the Professional Development,
Community Protection, and Ethics Bureau, the First Assistant and the District Attorney.
The Senior Co-Deputy Chief will assume all other enumerated duties of the Chief
of the Misdemeanor Division in the absence of the Chief of the Division.
The Each Co-Deputy Chief, under the oversight of and assignment of the Bureau
Chief, has the responsibility for the coordinating and/or developing in-house training
programs.
Each Co-Deputy Misdemeanor Chief reports to the Chief of the Misdemeanor

Division and ultimately to the Bureau Chief of the Professional Development,
Community Protection, and Ethics Bureau.
Each Co-Deputy Chief shall spend a significant amount of time observing the
prosecutors assigned to their respective group in trial. Additionally, prosecutors
assigned to Group A or B shall be supervised and counseled by their respective Co-
Deputy Chief in order to develop the trial skills of the assistant district attorneys under
their supervision. Unusual or important cases should be anticipated by each Co-Deputy
Chief to ensure the prosecutor assigned the noted case is prepared on the law and facts
in order that the State be properly represented.
(c) Chief Prosecutor of County Court

It shall be the duty of the Chief Prosecutor of county court to closely supervise
the assistants and any other personnel assigned to the court. The Chief Prosecutor shall
actively assist in the trial of all cases tried in their county court by the prosecutors
assigned to that court and make suggestions to help those assistants to develop their trial
skills. The Chief may on occasion sit first chair on a case involving unusual importance
or complexity; however, the Chief’s primary responsibility will be to aid and assist the
other prosecutors and interns in the preparation and trial of their cases.
The Chief will make written and verbal evaluations concerning the assistant or
intern's performance in the trial of each case immediately following the same. It is the
Chief's responsibility to insure that subpoenas are timely issued on all cases, that all
witnesses are notified prior to trial, and only those necessary witnesses are subpoenaed.
The Chief shall make sure that witnesses are not unduly inconvenienced and that
persons are placed on-call where appropriate.
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The Chief shall make sure that the assistants are prepared on all cases and that
they are kept abreast of new law, both statutory and judicial. Each Chief shall review all
new cases before court each morning and shall place suggested plea recommendations
on the front of each file. The Chief is responsible for reviewing all new cases assigned
to the court and informing the Misdemeanor Division Chief or the Deputy Chief of any
sensitive, important, or unusual cases, as well as the rate of progress and performance of
the assistants assigned to his court unit.
The Chief shall become familiar with the provisions of this manual and
particularly Chapter 10 pertaining to the control of recommendations and dismissals.
The Chief shall insure that each recommendation made by the assistants is in
accordance with the policy directives contained in this manual and supplementing
memo.

sent to the Family Criminal Law Division. The Chief of the court shall refer the case as
Law Division.
The Chief prosecutor in the misdemeanor courts shall review all cases that are to
be re-filed from misdemeanors to felonies. The Chief shall obtain permission of the
Misdemeanor Division Chief, or their Co-Deputy Chief, before re-filing any
misdemeanor case as a felony. The Chief shall make certain that interns are properly
supervised at all times in accordance with the State Bar rules. Interns are not to be left
unsupervised in the courts at any time. The Chief shall oversee pleas and shall strive for
appropriate and just sentences in accordance with this manual. Decisions on cases shall
be made promptly and effectively. The Chief shall be present in court throughout docket
call and shall be available to counsel and assist the prosecutors both in the court and in
the office.
The Chief shall be courteous with judges, defense counsel, victims, witnesses and
other individuals in the criminal justice system and shall insure the assistants working in
the court conduct themselves in a similar manner.
The Chief prosecutor shall report to the Chief of the Misdemeanor Division,
Chief of the Professional Development, Community Protection, and Ethics Bureau,
First Assistant, and District Attorney any acts or allegations of misconduct on the part of
any assistant district attorney, defense counsel, judge, police officer, or any other public
official.
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The Chief shall be certain that personnel under his direction perform their
assigned duties and work forty (40) hours per week. The Chief shall insure that all files
are properly handled and that they are secure from unauthorized personnel. The Chief
shall see that all files have clearly marked thereon the action taken by all personnel in
his court unit.
The Chief shall, within the mandate and admonishments of Chapter 7 and Chapter
10 of the Operations Manual, encourage early disposition of all cases and particularly
those persons in custody and shall answer any letters or inquires of persons as soon as
possible. The Chief shall set an example of good character, work habits, and
professional demeanor for those under his supervision. The Chief shall comply with and
enforce the rules, policies and regulations of the Operations Manual, the oral and written
directives of office supervisors, the cannons of professional ethics and the personnel
regulations of Harris County, Texas.
The Chief is the person ultimately responsible to the Bureau Chief for insuring
the recommendations and dismissals that occur in his/her court, regardless if made by
the Chief, 2, 3, or another prosecutor acting in their court, strictly adhere to the intent,
instructions, and policies set out in this Operations Manual and supplemental emails and
amendments.
Additionally, prosecutors assigned to the Division shall be supervised and

counseled by the Chief in order to develop the trial skills of each assistant under the
Chief's supervision. Unusual or important cases should be anticipated by the Chief and
the Chief should insure the prosecutor assigned the noted case is prepared on the law
and facts in order that the State be properly represented.
The Chief shall insure that only the witnesses needed for trial are subpoenaed and
to cooperate with the Victim Rights Division to insure all witnesses are handled
efficiently and courteously. All persons, including defense counsel, victims, and
witnesses shall be treated courteously by the chief and those under his supervision.
The Chief shall assign cases to each prosecutor by noting the appropriate number
in the upper right-hand corner of the file and make reassignment of cases to insure
prosecutor development and growth. The Chief shall implement a case flow system to
be certain all cases filed in the court are reviewed and to personally review those cases
as required in the Prosecutor's Discretion. The Chief shall be certain the policies in this
manual, and the oral and written directives of the chief's supervisors are properly
administered.
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Pleadings on each case are ultimately the responsibility of the Chief and the
Chief shall be certain the assistants assigned to the court proof read all pleadings. All
case files shall be properly handled and secured from unauthorized personnel.
The Chief shall be responsible for timely obtaining and approving, if correct, time
sheets from the assistants and the administrative assistants in his/her court and
forwarding the same to the person designated to collect the same.
(d) Assistant District Attorneys

Assistant District Attorneys assigned to the Misdemeanor Division shall prepare
and properly handle each case assigned to their respective courts.
Such assistants shall, at all times, act in a helpful and professional manner as a
representative of the State of Texas and this Office.
Each assistant shall work forty (40) hours per week and shall be available in court
or in their office during normal working hours to assist the public, the other members of
the staff and their supervisors.
The assistants shall keep his or her supervisor informed with regard to the cases
and the progress of work. The assistant will contact the victim (or family) of a crime
victim when the case is assigned to him or her, and make comprehensive notes
regarding the communication.
He shall answer correspondence and telephone messages promptly. Each assistant

shall respond to memos, emails, and other directives as received and directed. Each
Assistant shall become familiar with the general office policies and the policies
pertaining to pleas and dismissals as contained in this manual. Each assistant shall keep
abreast of changes in the law, the rules of evidence and the cases construing the same.
The assistant shall attend docket call each day and remain until all cases have
been disposed. The assistant shall make bona fide efforts to quickly and fairly dispose of
the cases on the court's docket each day, by pleas or trials and attempt to limit the
number of unnecessary delays.
Assistants shall attempt to make early recognition of those cases which may or
will probably be disposed of by trial. Pleading should be checked for accuracy and to
insure that cases are properly pled and enhanced when appropriate. Additional facts and
information should be assembled by the assistant alone or with the aid of an
250
investigator. The necessary witnesses should be timely subpoenaed, and interviewed
preferably prior to the day of trial.
The assistant shall present his or her case in an organized straight-forward

manner. Assistants will do their best to improve their trial skills and will discuss areas
for improvement with their court chief, Co-Deputy Chief, or Division Chief.
The assistant shall treat the court, the jury, opposing counsel, victims, witnesses
and the court personnel courteously at all times. Assistants shall prepare and file
motions and plea papers promptly and accurately.
Assistants will maintain the security of all files in their charge and will make
written memorandum concerning disposition of all cases. The assistants shall report to
their Chief and the Chief of the Misdemeanor Division, Chief of the Professional
Development, Community Protections, and Ethics Bureau, First Assistant and the
District Attorney any acts or allegations of misconduct made against any assistant,
judge, defense counsel, public official or police officer, and shall also report his findings
and recommendations in the matter. The assistant shall maintain the highest moral
integrity and shall act with professional demeanor. The assistant shall not get personally
or emotionally involved in any case. The assistant shall carry out the lawful orders of
his supervisors and be held accountable for the rules and regulations in this manual and
the cannons of professional ethics, as well as the personnel regulations of Harris
County, Texas.
(e) Investigators and Administrative Assistants

These employees are under the general supervision of the Chief of the
Misdemeanor Division who will provide specific job assignments. Duties to be
performed by investigators will be received from the prosecutors in written form and
will be completed in a timely fashion and returned to the assistant in written form.
Investigators shall locate witnesses, gather offense reports, assemble additional facts
when required, take photographs, assist in the determination of criminal histories, and
generally assist in the preparation of cases for trial. The provisions covering
investigators assigned to the felony court shall also be applicable to investigators
assigned to the Misdemeanor Division.
The administrative assistants assigned to the Misdemeanor Division are expected

to perform the usual secretarial duties and filing requirements expected in a large law
office. The functions are provided for the personnel assigned to the administrative
assistant’s court unit. Each administrative assistant is expected to maintain the court
files in an orderly manner, file offense reports, pull dockets, type legal documents,
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motions and correspondence, attend to telephone requests, take messages, and maintain
a good working relationship with the public, the prosecutors, and other staff members.
SECTION 7.4. JUSTICE SECTION

The purpose of the Justice Section is to represent the State of Texas in the
misdemeanor criminal cases in the Justice Courts of Harris County. The staff consists of
the assistant district attorneys, interns, investigators and administrative assistants who
serve under the Chief of the Misdemeanor Division. There are 16 Justice of the Peace
Courts, two in each of the 8 Precincts.
(a) Chief Prosecutor

It shall be the duty of the Chief Prosecutor of the Justice of the Peace Section to
closely supervise the assistants and any other personnel assigned to the section. The
Chief shall assist in the trial of cases when required and make suggestions to help those
assistants in his or her charge develop trial skills. It shall be the duty of the Chief to
prepare evaluations of the personnel assigned to the section and to keep the Chief of the
Misdemeanor Division well informed of the progress of the personnel assigned to the
section. The Chief of the Misdemeanor Division shall be advised of any sensitive,
important, or unusual cases in the Justice Courts. The Chief shall be available to counsel
and assist the prosecutors in the courts. It is the Chief's responsibility to insure that the
assistants are prepared on their cases and are kept abreast of legal developments. The
Chief shall make himself or herself available to the prosecutors assigned to the Justice
Section should any question or problems arise during their assignments. The Chief shall
periodically drive to the individual courts and assist and observe the prosecutors.
Decisions on cases should be made promptly and effectively. He or she shall at least
once, and preferably more often, observe each assistant in a complete jury trial.
The Chief shall keep in contact with the Justices of the Peace to insure a good
working relationship between the courts and the office of District Attorney. The Chief
shall assist the Justices in resolving any legal questions that may arise and make himself
available to the Justices for consultation. The Chief shall advise the Justices of any
changes in the Justice of the Peace Section policies.
The Chief shall be courteous with defense counsel, victims, witnesses, and other
individuals in the criminal justice system. The Chief shall report to the Chief of the
Misdemeanor Division, the Chief of the Professional Development, Community
Protection, and Ethics Bureau, the First Assistant, and/or the District Attorney any acts
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or allegations of misconduct on the part of any assistant, defense attorney, judge, police
officer, or any other public official.
The Chief shall be certain that the personnel under his direction perform their
assigned duties and work their respective 40, 30, or 20 hours per week. The Chief shall
establish a system in the section to review cases and to personally review any highly
unusual case or publicized case to be certain that the State is properly represented.
The Chief shall be certain all files are properly handled, that files are secure from
unauthorized personnel and that action on each case is appropriately noted on the file.
The Chief shall encourage early disposition of all cases and particularly those persons in
custody and answer any letters or inquiries of persons in jail, as soon as possible. The
Chief shall insure that all courts are staffed as adequately as possible and to make
temporary assignments when required to guarantee the representation of the State in all
criminal matters in the Justice Courts.
The Chief will personally handle dockets whenever all his or her personnel have
previous assignments. The Chief shall supervise the revision of Justice Court pleadings
to insure they are legally adequate and uniform. The Chief shall set a good example of
character, work habits and professional demeanor for those in his charge. The Chief
shall comply with and enforce the rules and regulations of this Operations Manual, the
oral and written directives of the various supervisors, and the cannons of professional
ethics of the State Bar of Texas. The Chief shall act as liaison to the Justice of the Peace
training school and represent the office as may be required.
(b) Assistants Assigned To the Justice Section

It shall be the duty of all assistant district attorneys assigned to the Justice of the
Peace Section of the office to be prompt and to work the hours per week for which they
were hired.
Each assistant shall attend docket call and remain until all cases have been
disposed. All assistants shall show proper respect to the court and shall be courteous
with defense counsel, witnesses, victims, and other personnel of the criminal justice
system at all times.
All assistants shall make decisions promptly, be prepared on potential law

questions and do their best to improve their trial skills. Assistants are expected to be
available during working hours for contact by court personnel, defense counsel, and
witnesses. All assistants shall prepare and file motions promptly and accurately.
Assistants are expected to make written memorandum of disposition of all cases in their
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charge. They will maintain the security of all files in their custody. Assistants shall
review cases in advance and check to insure that pleadings are accurate.
Assistants shall report to the Chief of the Section, the Chief of the Misdemeanor
Division, the Chief of the Professional Development, Community Protection, and Ethics
Bureau, the First Assistant, or the District Attorney any acts or allegations of
misconduct on the part of any assistant, defense attorney, judge, police officer, or any
other public official. Assistants shall be of the highest moral integrity and shall act with
professional demeanor and remain free from emotional or personal involvement with
any case.
The assistants shall carry out the lawful orders of their supervisors and be held
accountable for the rules and regulations in this Operations Manual, and the cannons of
ethics of the State Bar of Texas.
Justice of the Peace prosecutors are responsible for the disposition of class C
misdemeanor cases that are filed in the Justice of the Peace Courts of Harris County to
which they are assigned. Each assistant will report promptly to the specific court to
which he or she is assigned for any given day. Upon arrival to his or her assignment,
and before departure, each assistant will contact the Chief of the Section or the
designee. As some assistants may not be in the office for several days at a time, it is
necessary for each assistant to keep in contact with the Justice Section offices in case of
schedule change and to insure that each assistant is receiving their messages.
Each assistant is to remain at his assignment until a disposition has been reached
on all docketed cases. Assistants shall submit copies of all dockets, which will include
the disposition of each case on the docket, to the secretary of the Justice of the Peace
Section. An assistant in the Justice Section will complete trial reports for jury trials that
he or she has prosecuted.
Assistants assigned to the Justice of the Peace Section shall have a good working
knowledge of all Class C misdemeanors, including, but not limited to, the Penal Code,
Uniform Traffic Code, the Parks and Wildlife Code, and the Alcoholic Beverage Code.
If an assistant has no docket set in one of his or her assigned Justice Courts, that
assistant shall be available to assist in the county courts or the complaint desk, as may
be required.
SECTION 7.6. GENERAL POLICIES AND PROCEDURES IN THE

PROFESSIONAL DEVELOPMENT, COMMUNITY PROTECTION & ETHICS
BUREAU
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(a) Leaving the Office between 8:00 AM and 5:00 PM
Before leaving the office between the hours of 8:00 AM and 5:00 PM, staff
members are to inform the administrative assistant of their court, where they are going
and when they will return to the office. In the event the court administrative assistant is
unavailable, the assistant should provide the same information to another staff member
that will be present in the court unit. If no other person is available, contact the
receptionist on your floor, or if that receptionist is not available, the receptionist on the
6th floor, providing the appropriate information. Upon return to the office the staff
member should notify the person they previously informed of their departure.
(b) Transfer of Cases

Either an assistant district attorney or the court coordinator may initiate a transfer
of a case from one court to another. If the assistant initiates the transfer he or she will
inform the coordinator, who will begin the transfer order with the court clerk and notify
the coordinator in the court to which the case will be transferred of the transfer. The
prosecutor shall notify the court administrative assistant of the transfer so that it can be
noted. The prosecutor in the court where the case is transferred from is responsible for
insuring that the court receiving the transfer obtains physical possession of the
transferred case file.
(c) Notations on Files

Full information concerning recommendations, plea agreements, disposition,
resets (and reasons for the reset), transfers (and reasons for the transfer) and any unusual
circumstances or comments particular to that case is to be written on the cover sheet of
the prosecutor's file by the Chief of the court or by the assistant actually handling the
case. The person making the entries shall legibly sign their first and last name. If the
signature is not legible, then the first and last name should be printed under the
signature.
A file shall clearly reflect whether the plea was made with or without a
recommendation (and what the recommendation was, if any), or without an agreed
recommendation from the state (and what the State's position was, although not agreed
to), and whether or not the recommendation of the state was followed shall be indicated
on the file.
If a person receives a jail sentence and a fine, and either or both are probated, it
shall be indicated on the file which part of the sentence or fine, if any, is probated.
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The notation ―see State’s file‖ on a dismissal requires a notation on the file. The
notation should clearly and succinctly state the reason for the dismissal.
(d) Enhancing Charges from Misdemeanor to Felony

Whenever it is determined that a charge that has been filed as a misdemeanor
should be charged as a felony, the following procedure should be followed:
1. Obtain permission from the Chief of the Misdemeanor Division, the Co-
Deputy Chief or the Division Chief of the Division handling the case to
upgrade the charge to a felony from the facts made the basis of your
misdemeanor case.
2. The case file (which includes the offense report, the arrest record, and the
intake information sheet), and a copy of the judgment and sentence for
each prior conviction to be used in the enhancement, if any, shall be sent to
the administrative assistant for preparation of the necessary indictment and
felony file folder. If the assistant is going to present the matter personally
to the Grand Jury, the administrative assistant shall also prepare an agenda
and contact the Grand Jury Division for a date.
3. Take the items discussed in (2) above to the Grand Jury Division to be
logged in and entered in the District Attorneys Intake Management System
(DIMS). The prosecutor seeking the change in charges should prepare the
DIMS before or during the time the administrative assistant is typing the
new pleadings. No case may be presented direct to the Grand Jury without
being entered in DIMS first. See the intake portion of this manual for
additional details on DIMS.
Common courtesy suggests and it is the prosecutor’s duty, to contact the lawyer
for the defendant and advise him that a case will be presented to the Grand Jury for a
felony indictment in what had previously been a misdemeanor information. Extend the
lawyer the opportunity to present evidence, including his client, if he desires to do so.
Be certain to review that portion of this Operations Manual with regards to bail in
matters that are refiled.
Do not dispose of the misdemeanor case until the felony is true billed and a
warrant is issued and executed. Set the misdemeanor case on a docket and inform the
court bailiff of the felony warrant. After the arrest or bail of the defendant, dismiss the
misdemeanor.
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(e) Misdemeanor Policy Where Felony Pending
Before resetting misdemeanor cases because of a pending felony, ascertain
whether or not the felony and the misdemeanor both arose from the same transaction. If
they did not arise from the same transaction, attempt to handle the misdemeanor in a
routine manner and dispose of it as soon as possible. If the misdemeanor did arise from
the same transaction as the felony, contact the felony prosecutor in writing, inform him
of the pending misdemeanor and request his assistance or advice on the proper
disposition of the pending misdemeanor. Do not pass for the felony if it is not
absolutely necessary.
(f) Investigator Request Forms

The investigation request form is to be executed when requesting offense reports,
lab reports, scene photographs, or any other investigative assistance. This form is to be
submitted to the division investigator, who in turn will submit the request to the
appropriate agency. Before a prosecutor requests either criminal history or offense
reports, be certain that a companion case or file which will have a copy of these
documents does not exist.
(g) Stopping Witnesses

When cases are set for trial and it is learned prior to the date of trial that the case
is going to be reset, or for any reason the witnesses are not going to be needed at court,
all reasonable steps shall be taken to stop the state's witnesses from coming to court.
Houston Police Officers can be stopped by personally calling them, or by requesting the
HPD court liaison officer to do so. The liaison office is presently located at Criminal
Justice Center, 1201 Franklin, 1st floor. The telephone number is 713-755-5878.
(h) Pleas Taken in Absence of Defendant Prohibited

No assistant district attorney may participate in the disposition of a criminal case
where a lawyer or any other individual is attempting to plead a defendant guilty where
the defendant is not physically present in court. In the event this circumstance is
observed, it should immediately be brought to the attention of a supervisor and the
assistant shall refuse to participate in a disposition without the presence of the accused.
Note however, there are circumstances under the provisions of 42.12 Section
24(a) V.A.C.C.P. where a person may plead to a motion to revoke, or a motion to
adjudicate, and not be physically present in the disposing court. Prior to participating in
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such a disposition, an assistant must insure that all of the provisions of 42.12 have been
satisfied. Forms are available through your Bureau Chief.
Additionally, Article 27.14, V.A.C.C.P., provides specific circumstances in cases

involving fine-only offenses where a plea may be entered in the absence of the
defendant.
(i) Participation in Non-Misdemeanor Trials

No assistant district attorney assigned to the Misdemeanor Division may
participate, or otherwise become involved, in a trial in any court other than one of the
County Criminal Courts at Law, or the Justice Courts without first obtaining the express
permission of the Chief of the Misdemeanor Division.
(j) Misdemeanor Defendants Without Lawyers

No Assistant District Attorney shall discuss the disposition of a criminal case
with any accused without first informing the accused that he is an assistant district
attorney and represents the State of Texas and not the accused. The assistant must also
insure that the judge has admonished the accused in accordance with the provisions of
V.A.C.C.P. Article 15.17. No prosecutor shall treat the disposition of a criminal case
differently than he would if the accused was represented by counsel. Extreme caution
should be used here to insure that the prosecutor conducts himself ethically and in
accordance with recognized standards. Do not under any circumstances assist a
defendant in filling out or otherwise executing applications for probation or any other
file document.
(k) Reporting Results of Trials

Each assistant district attorney in the Misdemeanor Division shall report the
results of all his trials, either to the court or to a jury, by using the appropriate trial
report form. The long, detailed trial report, which includes the evaluation section, shall
be submitted to the misdemeanor filing secretary who keeps the trial report book. The
short, computer report form, shall be delivered to the secretary of the Chief of the Trial
Bureau. This report will be entered into the computer. Each trial assistant should
periodically check with the filing administrative assistant to see that the book is current
and accurate. Justice Court assistants and Juvenile Court assistants should hand-carry
their trial reports to the filing administrative assistant and the administrative assistant of
the Chief of the Trial Bureau. Justice Court prosecutors are not required to report trials
to the court without a jury; however jury trials shall be reported.
(l) Unsolicited letters from Defendants on Bond, in Jail or From Prison Inmates
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Letters from defendants on bond or in jail or prison inmates are to be handled
immediately upon their receipt. The letter, when received, is to be initialed and dated
with the date the letter was received. The file is to be located immediately and the letter
placed in the file. The status of the case is to be determined and, if need be, the case is to
be placed on the next available docket. Jail letters when received, should be referred to
the Chief Prosecutor in the Court for their immediate attention.
(m) Control of Recommendations and Dismissals
1. Punishment Recommendations Requiring Approval

The following recommendations must have the approval of the persons indicated:
a. All offers of deferred adjudication - Court Chief or the Division or

Section Chief over which the case is assigned, such as FCLD or Mental
Health
b. Cases eligible for DIVERT Pretrial Intervention—Court Chief
c. Pornography or Sexually Oriented Business cases - Court Chief
d. Cases filed by specialty divisions or sections—Court Chief
e. Violence against Peace Officers - Court Chief
f. Gambling cases – Court Chief
g. Cases involving great public interest or notoriety or cases involving

lengthy investigations or "stings" - Division Chief
h. Cases for Pre-trial intervention - Division Chief or the Division

Chief of the Division that is handling the case
2. Dismissals
The following cases will not be dismissed without approval of the persons
designated:
a. Public officials/Official Misconduct – Chief of the Professional
Development, Community Protection, and Ethics Bureau who will
review the matter with the First Assistant and the District Attorney
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b. Title 8 Offenses (Coercion of and gifts to public servant). Unlawful
Practice of Medicine, offenses of substantial notoriety or public
controversy, gambling cases (not handled by Special Prosecutions
Bureau) – Chief of the Misdemeanor Division.
c. Cases filed by or handled by a Specialized Section or Division –

Special Prosecutions Bureau or Division Chief of the respective
Division.
d. All others—Chief Prosecutor or the division to which the case is

assigned; provided however, if the Chief is unavailable, the
prosecutor is to contact their Division Chief, Co-Deputy Chief or
another Court Chief.
(n) Narcotics, Gambling, Sexually Oriented Business, Obscenity, and TABC or

other such specialty divisions of law enforcement agencies.
1. Many cases in the above areas are the result of a great deal of time, effort and
expense on the part of law enforcement officers in the investigation of these complex
offenses. If there are problems with this type of case, such as arrest or search questions,
it is essential that the police agency working the case be advised and the interested
officers contacted and conferred with prior to any disposition. These cases are very
often complicated and it is suggested that pre-trial conferences be scheduled with these
officers. Each prosecutor should familiarize himself with the provisions of Chapter l8
V.A.C.C.P. with regards to the disposition of gambling proceeds. In all cases, where
there is a plea of guilty, or a finding of guilty, the prosecutor should request the
disposing judge to enter an order finding that the money seized is gambling proceeds (if
the facts call for such a finding) and forfeiting said monies to the District Attorney's
Office. Forms for this purpose, and guidance and assistance, may be found from the
personnel in the Special Prosecutions Bureau and the Asset Forfeiture Division. Each
prosecutor should familiarize himself with those portions of the Operations Manual
dealing with "Special Considerations" in gambling and narcotics cases that may be
found in the Special Prosecutions Bureau portion of the Operations Manual.
2. From time to time problems have developed with the disposition of gambling
cases due to the number of individuals and agencies working informers in this area of
criminal investigation. Frequently, one agency or officer will request special
consideration on a pending gambling case in order to use a defendant as an informant,
or ―cooperating individual‖. This is a well recognized and legitimate investigative
function; however, there must be some degree of control and coordination by this office
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to ensure that the criminal justice system will best be served in the application of this
practice.
Additionally, this office is concerned with the forfeiture of gambling devices and
proceeds from gambling enterprises as provided by Article 18.18 of the Code of
Criminal Procedure. In order to ensure a uniform policy by this office with regards to
these matters, the following procedure shall be implemented:
Any other requests for special consideration on a pending case will be referred to a
Major Offenders Division Chief or the Bureau Chief.
The prosecutor shall notify the Asset Forfeiture Division immediately upon disposition
of the gambling case.
It shall be the responsibility of the Asset Forfeiture prosecutor to ensure that forfeiture
action against all gambling proceeds or devices are initiated where evidence justifies
such a position. This shall be done in accordance with Article 18.18 of the Code of
Criminal Procedure. Assistance in this regard may be requested of the Financial Crimes
Division for the investigation and prosecution of forfeiture matters.
It shall be the policy of this office to aggressively prosecute all gambling cases, and
those offenders that have a significant impact on such unlawful activity. Major
gamblers are a significant economic blight and such enterprises directly contribute to
the operation of organized criminal activity. This office shall use all lawful means to
bring the offenders to justice.
(o) Restitution: refer to Section 3.18(a) of the Operations Manual
(p) Check Fraud Cases: refer to Section 3.20 of the Operations Manual
(q) Violation of a Protective Order or Magistrate's Order Case

sent to the Family Criminal Law Division. The chief of the court shall refer the case as
Law Division, unless the case was disposed of in court during the 24 hour hearing
docket.
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SECTION 7.7 CRIMES AGAINST CHILDREN DIVISION
The Crimes Against Children Division is responsible for prosecuting cases involving
felony level physical or sexual assaults on children where the victim was under six years
of age at the time of the last reported offense and where the testimony of the victim is
needed in court for conviction; or, when there is alleged sexual abuse and the child is
currently 13 years-old or younger at the time of the offense and a law enforcement
officer assigned to the Harris County Children’s Assessment Center is the case
investigator; or in all Super Aggravated Sexual Assault of a Child or Continuous Sexual
Abuse cases.
Any child abuse case which is not included in the above category, as well as cases
involving multiple child victims of which any victim is six years of age or older, shall
be the responsibility of the Trial Bureau.
Any case involving the death of a child of any age or serious physical abuse of a child
who is 6 years of age or younger is the responsibility of the Trial Bureau, unless the
Crimes Against Children Prosecutor has worked extensively with the law enforcement
agency or Children’s Protective Services during the investigation of the case.
The Crimes Against Children Division consists of an Assistant District Attorney who
serves as the Division Chief, (seven) assistant district attorneys, of which three are
Felony Court Chief level and four are Felony #2 Level, three district attorney
Investigators, three paraprofessionals, two administrative assistants, two paid law
student interns with multiple academic interns.
(a) Division Chief
This individual is responsible for the general supervision of the caseload, personnel, and
daily operations of the division which practices in the 22 felony criminal district courts.
This prosecutor is responsible for supervising the trial attorneys in the division who are
the primary trial attorneys for child abuse cases, as well as supervising the screening and
presenting to the grand jury cases involving abuse of children. The Division Chief is
responsible for reviewing cases of school personnel where a child has been abused or
neglected, regardless of the age of the child. The Division Chief is responsible for
assisting law enforcement in investigating unusual and/or difficult cases, for serving on
Advisory Committees at the Children's Assessment Center and various other
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committees. Further responsibilities include providing advice and consultation to all
local law enforcement agencies, prosecuting attorneys and social service agencies
dealing with matters affecting child abuse.
(b) Assistant District Attorneys (Three District Court chief level and four Felony #2
level)
These individuals shall function as the primary trial lawyers for the Crimes Against
Children Division. These individuals shall also assist in screening charging of cases,
grand jury presentations and providing technical assistance to law enforcement and
social service agencies. They shall provide technical assistance to other prosecuting
attorneys within the office handling matters involving child abuse in an effort to
coordinate the disposition of cases not handled directly by the Crimes Against Children
Division. Further, they supervise the Crimes Against Children Division staff in the
absence of the Division Chief, attend monthly Child Sexual Abuse Review Team
meetings and serve as the Children’s Assessment Center Intake prosecutor for one week
each month.
(c) Investigator
These individuals perform the general duties of an Investigator assigned to the Trial
Bureau as set forth in this manual. These individuals assist in the preparation and
service of grand jury subpoenas, search and arrest warrants, and in the obtaining and
evaluating of information relating to both victims and the accused through the
procurement of medical, psychological and Children’s' Protective Services reports.
These individuals shall also be responsible for doing background investigations on
criminal defendants and the coordination of information relevant to police investigations
of child abuse both prior to and after the filing of formal charges. These individuals
work special assignments and projects as needed. They report to the chief of this
division.
(d) Paralegal
These individuals are responsible for reading, screening and preparing all case files that
will be handled by Crimes Against Children Division prosecutors. They ensure that all
information is present in the files by order/request/subpoena. Further, they are
responsible for the arrangement and coordination of victim services which includes the
scheduling of appointments of the prosecutors with witnesses and other agencies. The
paralegal participates in and takes notes in child and family interviews. The paralegal
prepares subpoenas, motions and notices for trial. During trial, they assist the prosecutor
with note taking and witness coordination. They serve as a liaison with Children’s
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Protective Services, the Children’s Assessment Center, law enforcement and other
victim service agencies. They provide assistance with grant writing. The paralegal is
responsible for the division administrative assistant duties in their absence and work
special assignments and projects as needed.
(e) Administrative Assistant(s)
These individuals shall provide the traditional secretarial services for the division.
These individuals shall process telephone calls to and from the personnel in the division,
including taking messages when necessary. They are to report attendance to the
Operations Division each morning before 8:40 A.M.
These individuals maintain the database for all cases assigned to the Crimes Against
Children Division, including pending cases, all new incoming cases, and the
dispositions of these cases. If a defendant received penitentiary time then the
appropriate TDC Offense Report is done in DIMS. These individuals are then
responsible for getting these disposed files to Central Records.
Maintaining the database includes all pending cases, no arrests cases and bond forfeiture
cases. These individuals are responsible for keeping up with all the court dates, printing
the dockets for each day and distribution of those dockets.
These individuals prepare (for Assistant District Attorneys to review) grand jury
subpoenas for officers that are conducting investigations in accordance with general
office policies. They maintain a log of grand jury presentations by the prosecutors in
the division, prepare pleadings if changes are needed or should new cases need to be
filed, schedule grand jury dates for the prosecutors, and prepare the grand jury agendas.
When cases are set for trial sometimes it is necessary to transcribe tapes of interviews
for these cases. They are responsible for replenishing office supplies, update the contact
list of division’s staff, talk to intern applicants and set appointments, organize the
children’s play/waiting room, greet patrons, answer questions and provide directions
whether it is to another area of the office or directions to the office. They are to retrieve
files for defense attorneys when they come in to review a file or a video, etc.
These individuals are responsible for ordering CPS records for the entire office, Medical
records from the Children’s Assessment Center and the forensic videos. They are also
responsible for the preparation of the statistical data for the divisional statistics,
maintain the database of passwords for The Children’s Assessment Center site access,
update the Children’s Assessment Center’s Case Tracking System with JIMS
information on child abuse cases. There is also a non-keeper database that they are
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responsible for entering all the information. They work on special assignments and
projects as needed.
(f) Law Student Interns
These individuals provide the same function as the paralegals in the division. They may
also be assigned special projects which may include research of case law.
SECTION 7.9 CHILD EXPLOITATION SECTION
The Child Exploitation Section handles cases involving the sexual exploitation of
children with an emphasis on those cases involving cyberspace, including cases
concerning Possession of Child Pornography, Promotion of Child Pornography, Sexual
Performance of a Child, Sale or Purchase of a Child for Sexual Purposes, and Online
Solicitation of a Minor.
(a) Section Chief
This individual is responsible for the supervision and administration of the section. He
or she is involved in the prosecution of felony sexual exploitation of child cases and
participation in the various task force groups (including Houston Metro Internet Crimes
Against Children Taskforce) involved in investigating cyber exploitation of children.
This prosecutor is involved in the preparation of search warrants, court orders, and
grand jury subpoenas as well as providing advice on investigations of child exploitation
crimes. They are involved in case screening of child exploitation cases and
determination of charges. This individual also participates in educational events
involving cybercrimes of children.

This individual is responsible for handling individual cases that are filed within the
Child Exploitation Section including arraignment, grand jury presentation, plea
negotiations, and disposition of those cases. Additional responsibilities include
assisting officers with child exploitation investigations, including preparation of grand
jury subpoenas, search warrants, and other matters, including call outs.
(c) Investigator
There is one investigator assigned to the Child Exploitation Section to perform the
general duties of an Investigator assigned to the Trial Bureau as set forth in this manual.
These individuals assist in the preparation and service of grand jury subpoenas, search
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and arrest warrants, and in the obtaining and evaluating of information relating to both
victims and the accused through the procurement of medical, psychological and
Children’s Protective Services reports. These individuals shall also be responsible for
doing background investigations on criminal defendants and the coordination of
information relevant to police investigations of the Section both prior to and after the
filing of formal charges. These individuals work special assignments and projects as
needed. They report to the chief of this section.
SECTION 7.10. PROTECTION OF THE ELDERLY AND DISABLED
This section provides special assets and expertise in the prosecution of those who prey
on the most vulnerable in our community – seniors and other adults requiring assistance
and support.
Crimes may range from neglect to abuse and financial fraud perpetuated by strangers or
even relatives violating the trust of these often isolated victims. The potential for these
crimes increases with the aging of the population. This section focuses on those who
view dependent adults as easy targets for fraud. It will also educate the public on how to
detect or prevent such abuse.
SECTION 7.11 MENTAL HEALTH SECTION
This section was established to work toward a community based partnership that would
provide meaningful counseling and help for qualified, non-violent defendants with
serious mental disabilities. District Attorney Lykos created it to break the constant cycle
of prosecution and incarceration for minor offenders with mental impairments.
Jail cells are not designed to provide treatment and therapy. These defendants would
instead be diverted to secure treatment centers where professionals can help them regain
their lives. Along with humanitarian considerations, diversion would ease jail crowding
and the significant costs to taxpayers for imprisoning those with mental disabilities.
SECTION 7.12 FAMILY CRIMINAL LAW DIVISION (FCLD)
With a primary focus on criminal prosecution1 and civil representation for protective
orders, FCLD utilizes the professions of legal, law enforcement, and social work to
provide a multi-disciplinary approach to address domestic violence. The primary goals
of the FCLD are increased victim safety and offender accountability.
1
Court prosecutors refer the majority of criminal cases handled by FCLD.
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FCLD prosecutors are trained to handle domestic violence cases with or without the
participation of the complainant. They receive additional training in risk assessment
and legal techniques and skills in order to properly dispose of these potentially lethal
cases. Legal interns (2nd and 3rd year law students) assist the prosecutors with criminal
cases and protective order filings and hearings.
FCLD social service staff includes licensed social workers, and bachelor’s level
caseworkers. All have extensive experience with domestic violence issues.
Caseworkers research criminal cases,2 meet with complainants, conduct lethality
assessments and provide reports to prosecutors.3
Complainants receive crisis counseling, assistance with crime victim’s compensation,

and community and legal resource referrals. In reviewing a criminal case, caseworkers
may request prosecutors to ask for emergency protective orders, no contact orders, and
other safety measures. They can alert prosecutors about issues for legal consideration.
They can work with prosecutors to determine appropriate community supervision
conditions, especially when mental health issues are present. Caseworkers are also
available for expert witness testimony in court, which can include bond hearings in
which the safety of the victim is a concern.
The caseworker staff and legal staff work together to file and obtain 2-year protective
orders. A 2-year protective order requires the filing of a lawsuit in family court, much
like filing for a divorce. Social service staff provides the initial intake and case review.
The legal staff reviews and files protective order applications and represents protective
order applicants in family court.
FCLD Investigators have extensive experience in domestic violence cases. They are
proficient at locating witnesses (who may not want to be found) and know how to obtain
evidence that is needed for successful domestic violence prosecution.
Administrative assistants organize the division, including keeping track of a large

number of criminal and protective order cases. Often they are the front line crisis
worker as they talk with complainants when they come to the FCLD and when they call
on the phone.
2
Case research includes searching criminal histories, obtaining all previous offense reports and calls for service, searching
civil histories, and obtaining copies of previous divorces, child custody cases, and/or protective orders. It may involve
contacting previous victims or other witnesses as necessary.
3
Reports include a brief social history of the parties in the criminal case, lethality assessment, updated contact information,
information about previous violence, substance abuse, and mental health issues. Detailed notes are given regarding the
caseworker’s session with the complainant. Caseworkers may make a case disposition suggestion, which may include jail
time for the safety of the victim or counseling recommendations if the defendant is offered probation.
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SECTION 7.13 JOB DESCRIPTIONS—LEGAL STAFF
(A) Division Chief
The Division Chief is responsible for the general supervision of the caseload, personnel
and daily operations of the Family Criminal Law Division. This individual supervises
the intake of cases from trial court prosecutors, the filing of criminal charges and
protective orders and the prosecution of criminal cases. The Chief is responsible for
the various reports and statistical data required on a monthly basis. The Chief screens
warning letters sent from this division and approves criminal case dismissals. The
Chief is responsible for screening cases involving interference with child custody,
bigamy, and criminal non-support. This Chief serves as a liaison to various domestic
violence organizations. The Chief also reviews legislation that involves family criminal
law matters. The Division Chief reports directly to the Chief of the Professional
Development, Community Protection and Ethics Bureau.
(B) Criminal Court Prosecutors
FCLD prosecutors are responsible for all pretrial hearings and trials of cases referred to
this division. The cases referred to this division are generally cases where victims have
recanted or are not cooperating with prosecution. Felony prosecutors handle high-risk
cases that involve the use of deadly weapons or where there is a history of family
violence. Felony 2 Prosecutors handle murders and sexual assaults of intimate partner
cases. Felony prosecutors are also responsible for aiding misdemeanor prosecutors
assigned to this division. They should consult with the Division Chief prior to
dismissing a case. They are responsible for turning in a Weekly Case Disposition
Report to the Division Chief. They report to the Division Chief.
(C) Protective Order/Family Violence Intake Prosecutor
This prosecutor is responsible for the screening of all Family Violence Protective
Orders filed by this office; reviewing and discussing information obtained by social
service staff to make a determination of the eligibility of victims of family violence to
obtain a protective order (under Chapter 71 and 85 of the Family Code); for the drafting
of all protective orders and legal documents relating to the prosecution of such orders;
and for representing these victims in court during protective order hearings. This
prosecutor also acts as a complaint desk for citizens who are dissatisfied with the
investigation of or denial of charges relating to family violence. This prosecutor works
closely with family violence law enforcement units and handles training and public
speaking for various private and government groups on the issue of family violence and
protective orders. This prosecutor reports to the Division Chief.
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(D) Legal Interns
Legal interns assist the prosecutors with the protective order and criminal cases. Interns
holding a third year bar card may file the protective order, accompany the applicant to
the hearing, and represent the applicant at the hearing under the supervision of the
Protective Order Prosecutor. An intern with a third year bar card may prosecute
criminal cases under the guidance and supervision of the Division Chief. Paid legal
interns report to the Protective Order Prosecutor and the Division Chief.
SECTION 7.14 JOB DESCRIPTIONS—SOCIAL SERVICE STAFF4
The social services staff consists of the following positions:
(A) Director of Family Violence Services (Social Worker)
The Director of Family Violence Services is responsible for overseeing services to

victims of family violence. This person provides direct services to victims of family
violence (see description below in Social Worker / Caseworker description).
She supervises the social service staff, which includes interviewing caseworker
applicants, training caseworkers, performing caseworker job evaluations, and approving
time issues. She trains police officers, prosecutors, and others on domestic violence
issues.
She performs duties as described in the social worker job description below.
This position requires a master’s degree (preferably in social work and with a
professional license) plus five years of experience working with family violence issues,
or a bachelor’s degree in a social science field (preferably social work and with a
professional license) and seven years experience primarily working with family
violence issues.
The Director of Family Violence Services reports to the Division Chief.
(B) Social Worker
The primary job of the Family Criminal Law Division (FCLD) social worker is to
provide direct services to victim/survivors of family violence and maintain professional
4
―Caseworker‖ is a job title that is often assigned to a social service worker who does not have a license. If a person has a
license, they can call themselves by the appropriate title. Social Workers must have a social work degree and a license.
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documentation. FCLD social workers generally utilize a person-in-environment,
strengths-based, cognitive approach to provide culturally competent counseling services
to clients who are survivors of family violence. Victim/survivors are often traumatized
and suffering from PTSD or have other underlying mental health or substance abuse
issues. Often they present with chronic or underlying psychiatric problems, such as bi-
polar disorder or depression. They and their children often have basic needs such as
safety, housing, medical care, nutrition, job training, etc.
Additionally, clinical Social Workers may use the Diagnostic and Statistical Manual
(DSM), accepted social work and mental health theories and practice modalities, and
research on domestic violence lethality to assess, diagnose, treat, and refer for
presenting issues.
Using social work theories, domestic violence research, and working knowledge of the
DSM, FCLD social workers assess their clients’ situation in terms of their strengths,
needs, lethality indicators of violence, and resources available to them. Using
educational, supportive and brief therapy techniques to establish a therapeutic
relationship with the client and provide treatment to client. They assist the client with
the implementing their plan and assist them with their progress by continuing to counsel
them and advocate on their behalf as necessary.5 They link them with community
referrals depending upon a needs assessment.
Social Workers assess, evaluate, and manage crises. Examples include making clinical
assessments and interventions with clients in mental health crisis. These include clients
who need to be immediately hospitalized (by working with the local law enforcement
mental health team), clients who are suicidal, make threats to hurt others, and clients
who are experiencing psychosis.
FCLD social workers provide the mental health/clinical perspective when working with
prosecutors and police officers to resolve domestic violence cases.
Utilizing a multi-disciplinary approach, social workers consult and refer to different

agencies within the community, i.e. Children and Adult Protective Services, mental
health facilities, law enforcement agencies and social services. These consultations and
referrals are made after assessing the risk to children, elderly, or disabled adults.
Using knowledge of the DSM and mental health, substance abuse, and domestic
violence issues, the social worker consults with prosecutors to recommend treatment
plans for defendants’ community supervision conditions. This may include reviewing
5
Remedies also include filing a protective order or pursuing criminal charges (completed with other legal staff members
and/or outside police agencies).
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previous psychiatric records of defendants. Treatment plans include domestic violence
counseling, parenting classes, substance abuse evaluation and treatment, and mental
health evaluation and treatment. Also, the social worker may recommend other
conditions of probation, such as no contact with the complainant based upon the
assessment of dangerousness in the case.
Social Workers can testify as an expert witness regarding domestic violence issues,
including common traits of survivors and offenders, the impact of mental illness and
substance abuse on domestic violence situations, lethality, and further dangerousness.
Social workers educate co-workers and community groups on domestic violence issues
and services offered at the District Attorney’s Office.
Social Workers report to the Director of Family Violence Services.
(C) Caseworker
Using a person-in-environment, strengths-based, cognitive approach, provide culturally

competent crisis-counseling and advocacy services to clients who are (primarily)
survivors of family violence. This position requires a bachelor’s degree in a social
science field (preferably social work) and preferably, two years experience in domestic
violence social service delivery.
Caseworkers assess the clients’ situation in terms of their strengths, needs, the lethality
indicators of violence, and resources available to them. Using psycho-educational
techniques, they increase the client’s awareness about domestic violence. They
implement their plan and assist them with their progress by continuing to talk with them
and advocate on their behalf as necessary. They provide emotional support and court
accompaniment. Remedies include filing a protective order or pursuing criminal
charges (completed with other legal staff members and/or outside police agencies).
They link them with community referrals depending upon their needs.
Caseworkers make reports with Children and Adult Protective Services and work with
these agencies after assessing the risk to children, elderly, or disabled adults.
Caseworkers consult with prosecutors to recommend treatment plans for defendants’

probation conditions. Treatment plans include domestic violence counseling, parenting
classes, substance abuse evaluation and treatment, and mental health evaluation and
treatment. In addition, they may recommend other conditions of probation, such as no
contact with the complainant based upon the assessment of dangerousness in the case.
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On all domestic violence cases, caseworkers make risk and lethality assessments. They
assess, evaluate, and manage crises. After consulting or working with staff social
workers, they can make assessments and plans regarding suicidal clients, clients who
need to be immediately hospitalized (by working with the local law enforcement mental
health team), and clients who make threats to hurt others.
Caseworkers testify as an expert witness regarding domestic violence issues, including

common traits of survivors and offenders, the impact of mental illness and substance
abuse on domestic violence situations, lethality, and further dangerousness.
They educate co-workers and community groups on domestic violence issues and
services offered at the District Attorney’s Office.
(D) Felony Family Violence Caseworker
The Felony Family Violence Caseworker is primarily responsible making early contact
with victims and researching and providing risk assessments on felony family violence
cases. This position requires a bachelor’s degree in a social science field (preferably
social work) and preferably, three years experience in domestic violence social service
delivery. She will contact complainants in felony family violence cases and request
they come in for a face-to-face interview with an FCLD caseworker. When she contacts
the victim, she will provide phone crisis counseling and offer referrals, support, and
safety information.
The Felony Family Violence Caseworker will provide research and risk assessment to
the prosecutor handling the case; she will include past offense reports and protective
orders and highlight any high-risk behaviors (such as the use of a deadly weapon;
threats of suicide; threats to kill children; and violence during pregnancy, etc.). She will
highlight special concerns such as the need for emergency protective orders and no
contact orders on bonds and will also make reports to Children's Protective Services or
Adult Protective Services as needed. She can make recommendations about probation
conditions to consider. The Felony Caseworker can testify as an expert witness. The
Felony Family Violence Caseworker reports to the Director of Family Violence
Services
(E) Caseworker Assistant
The Caseworker Assistant supports and assists the Director of Family Violence Services
and Family Criminal Law Division Caseworkers as they work with victims of family
violence. This position requires a minimum of a high school diploma. She helps
caseworkers with domestic violence case research, including searching for police
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reports, civil information, and other types of information. This person may also print
digital images of complainant’s injuries and may document complainant’s injuries. He
or she will perform clerical duties, including, typing, copying, and filing; assist
caseworkers with complainants; accompany caseworkers and victims to family court;
keep division statistics; and under the direction of the Director of Family Violence
Services, will assist the Caseworkers as needed. The Caseworker Assistant reports to
the Director of Family Violence Services
SECTION 7.15 JOB DESCRIPTIONS--INVESTIGATORS
FCLD investigators locate and serve witnesses with subpoenas. They work with the
prosecutors to prepare cases for trial, coordinate witnesses, and conduct interviews.
They conduct long-term investigations on Interference with Child Custody (ICC) cases
that involve both domestic and international situations. This includes tracking and
coordinating the arrest of the suspect and assisting in the recovery of missing children
by facilitating and networking with law enforcement agencies throughout the United
States, as well as internationally. They handle criminal nonsupport investigations,
which involve development of proof of a suspect’s income and ability to pay. They also
aid in tracking and coordinating the arrest of the suspect. To develop information in
both ICC and criminal cases they work with financial institutions, school districts,
Children’s Protective Services, consulates of involved countries, internet providers, and
other agencies. They conduct investigations into allegations of bigamy. They report to
the Division Chief.
SECTION 7.16 JOB DESCRIPTIONS—ADMINISTRATIVE ASSISTANTS
All administrative assistants are responsible for the handling mail, filing, calling in the
Morning Report, and arranging for repairs of equipment. Administrative assistants
perform the receptionist’s job when she is not available.
(A) Felony Administrative Assistant
The Felony Administrative Assistant coordinates felony files for the division. When a
case arrives in the FCLD, she logs it in, orders 911 recordings and photos, and sends the
complainant a contact letter. The administrative assistant prepares criminal pleadings,
schedules grand jury appearances and acts as court administrative assistant to the
Assistant District Attorneys. She prepares felony files, pulls the docket, prepares
applications for subpoenas, and prepares motions and correspondence as assigned by the
Assistant District Attorneys. They maintain records and statistics on criminal charges
filed and completed. They prepare all disposed felony files for Central Records. When
requested by prosecutors or social service staff, they retrieve files from other courts or
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from Central Records. The administrative assistants relieve the receptionist at lunch
alternating with the protective order administrative assistant. They report to the Division
Chief.
(B) Misdemeanor Administrative Assistant
The Misdemeanor Administrative Assistant coordinates misdemeanor files for the

division. When a case arrives in the FCLD, she logs it in, orders 911 recordings and
photos, and sends the complainant a contact letter, and acts as court secretary to the
Assistant District Attorneys. She prepares misdemeanor files, pulls the docket, prepares
applications for subpoenas, and prepares motions and correspondence as assigned by the
Assistant District Attorneys. They maintain records and statistics on criminal charges
filed and completed. They prepare disposed misdemeanor files for Central Records.
When requested by prosecutors or social service staff, they retrieve files from other
courts or from Central Records. They report to the Division Chief.
(C) Protective Order Administrative Assistant
The protective order administrative assistant prepares protective order pleadings,

notifies applicants of court dates or information, and coordinates service citations. This
assistant is responsible for keeping track of protective order files and having the cases
pulled and prepared for court on hearing days. This administrative assistant mails
certified copies of protective orders to the parties involved in the lawsuit who did not
receive their order in court. This individual maintains the statistics of protective order
filings and dispositions. The protective order administrative assistant reports to the
Protective Order Prosecutor and the Division Chief.
(D) Receptionist
The receptionist greets people who come to the Family Criminal Law Division. This
individual refers or directs individuals to the proper agency for complaints other than
domestic violence, interference with child custody, bigamy, criminal non-support or
other Title 6 crimes. The receptionist answers the phones. The receptionist logs in all
complainants, makes sure the intake paperwork is properly completed, obtains criminal
histories, and assists in coordinating the interviewing of complainants. The receptionist
keeps the waiting room organized. The receptionist reports to the Division Chief.
SECTION 7.17 FCLD GENERAL POLICIES – Criminal Cases
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As stated in the District Attorney’s Office manual,6 charges in domestic violence cases
are not dismissed simply at the request of the complainant. To do so, would be
equivalent to asking the defendant if he wanted charges dismissed. It is important that
complainants understand the decision to prosecute and how to prosecute a case rests
solely with the ADA.
Criminal Case Referral
FCLD primarily prosecutes domestic violence cases with reluctant or recanting

complainants. FCLD also handles all violation of a protective order cases. Other
domestic violence cases which require special needs can be referred and will be
reviewed on a case-by-case basis.
FCLD handles criminal cases where there is an intimate (dating/sexual) relationship

between the parties. They focus on the dynamics of family violence, power and control
issues of intimate relationships, and social work intervention. A prosecutor may refer a
case involving family violence to FCLD when the complainant wants the case dismissed
or recants the events in the offense report. FCLD will not accept a case that is set for
trial or motions, except to casework and then we will return it to the court.
Crimes involving other family relationships may be referred for casework and research
purposes, but these cases will be returned to the court upon completion.
No Arrest Cases
FCLD will accept no arrest cases to be caseworked and researched. The case will be
returned back to the court after FCLD has received the photos, 911 recordings and tried
to make contact with the victim. Once the defendant has been arrested, the file may be
sent back to FCLD. If the case is not sent immediately, the trial court should order the
911 tapes and photos and work it up as much as possible so it is ready to be referred to
us when the defendant is arrested.
Pre-Trial Division and Dismissals
6
Quote from Prosecutor Guidelines: General guidelines for the acceptance of a criminal charge should include the
following considerations: 1. The mandatory considerations are (a) Has the law been violated? And (b) Is there probable
cause to believe the accused is guilty of that violation? No charge should be accepted unless both questions may be
answered in the affirmative. It shall be the policy of this office to accept the filing of a criminal complaint where a peace
officer has made an arrest under circumstances in which he has probable cause to believe that an assaultive offense
involving “family violence” has been committed, regardless of the willingness of the victim to participate in prosecution
efforts. In those instances where the evidence is appropriate for the filing of a charge, the officer has made an arrest and
charges are filed over the objections of the victim, a notification of such circumstance should be placed on the file and the
file referred to the Family Criminal Law Division for review and decision on continuation of prosecution.
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No FCLD case can be set for pre-trial diversion or dismissed without approval of the
Division Chief.
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CHAPTER 8 OFFICE OF GENERAL COUNSEL
8.1. INTRODUCTION
The Office of General Counsel includes the Appellate Division, the Asset
Forfeiture Division, the Bond Forfeiture Division, the Post Conviction Writs Division
and the General Litigation Division.
8.2. JOB DESCRIPTION OF THE GENERAL COUNSEL

The General Counsel exercises general supervisory control over the bureau. His
duties include: (1) to see that each division within the bureau is properly staffed; (2) to
be available for consultation concerning legal procedures and personnel; (3) to
accumulate and be familiar with evaluation reports and performance records of
personnel within the bureau; (4) to review requests for equipment, expenditures and
personnel; and (5) to evaluate the performance of the division chiefs within the bureau.
He shall advise the District Attorney and the First Assistant of any problems within the
bureau as well as inform the District Attorney and the First Assistant of the performance
of the various divisions within the bureau. He serves as a legal advisor to the District
Attorney and First Assistant.
8.3. GENERAL LITIGATION DIVISION

The General Litigation Division is responsible for representing and advising the
District Attorney and her staff in matters involving both criminal and civil law,
including expunctions, public information requests, and civil rights actions. In addition,
the division shall represent the State of Texas in all extradition matters.
(a) Chief of General Litigation Division

The Chief of the General Litigation Division reports to the General Counsel. He
provides legal advice to office administrators on civil matters, supervises and evaluates
division staff, and represents the District Attorney and her staff in civil litigation. He
represents the District Attorney's Office in suits to expunge criminal records and
reviews and takes appropriate action on all open record requests. He represents the State
of Texas in extradition matters filed in the courts of Harris County. He assists any
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members of the office in appearances before the State Bar grievance committees. All
necessary division reports and statistics are prepared under his supervision.
(b) Administrative Assistant

The administrative assistant reports to the Chief of the General Litigation
Division. She performs the usual duties of a legal secretary, including acting as a typist,
and is responsible for all clerical filings. She maintains all records and reports as
required by the Division Chief.
(c) Intern
The intern reports to the Chief of the General Litigation Division and primarily
assists him in the preparation of extradition and expunction matters. In addition the
intern will perform the necessary administrative and clerical activities of the division as
directed by the General Counsel.
8.5. POLICY CONSIDERATIONS

Since all expunction filings, Public Information Act requests, and civil filings
against the District Attorney or any member of this office are subject to specific
response filing deadlines, it is imperative that any member of this Office served with
any civil process promptly bring such matter to the attention of the General Counsel.
Failure to do so can result in summary actions being taken by the courts against the
District Attorney or an assistant or investigator with severe financial consequences or
sanctions.
8.6. THE APPELLATE DIVISION
The assistant district attorneys in the Appellate Division are responsible for
representing the State on behalf of the District Attorney in all criminal cases that are
appealed from the Harris County courts. The attorneys in the Division also have the
responsibility of representing the State in certain civil appeals in cases in which the
Office has been involved and any other related extraordinary legal proceedings that may
arise in the appellate courts. An original writ of mandamus or writ of prohibition will
not be pursued on behalf of the Office in the Courts of Appeals, the Court of Criminal
Appeals, or the Texas Supreme Court without the approval of the General Counsel and
the District Attorney.
When a defendant’s conviction has been appealed, or when the defendant has
brought an appeal from another appealable order of the trial court, an attorney in the
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Appellate Division will prepare the necessary briefs in order to support the conviction or
judgment of the trial court. An attorney in the Appellate Division will not concede that
error has occurred in a case without first consulting with the Chief of the Appellate
Division. When the District Attorney has approved the filing of a State’s appeal, an
attorney in the Appellate Division will prepare the necessary briefs in order to challenge
and overturn the order of the trial judge that is being appealed.
The assistant district attorneys in the Appellate Division are also responsible for
giving legal advice to other members of the Office. The Chief of the Appellate Division
is responsible for the drafting of indictments and informations, and the drafts of those
pleadings shall be kept on the Office’s ―intra net‖ web site for use by all attorneys
within the Office.
8.7 JOB DESCRIPTIONS – APPELLATE DIVISION
(a) Chief of the Appellate Division
The Chief of the Appellate Division has the responsibility to ensure that all
functions and procedures of the Division are properly implemented. He shall review the
time sheets of the personnel assigned to the Division, and he should evaluate the
personnel working in the Division and make appropriate reports to the General Counsel.
The Division Chief shall assign the preparation of briefs to himself, each of the
attorneys in the Appellate Division, and the intern, according to the experience and
ability of each individual, according to the individual’s particular expertise, and
according to the workload of the individual.
The Division Chief shall advise the attorneys within the Office of the current
decisions from the various appellate courts that will have an impact on the Office or the
administration of justice.
From time to time, and particularly at the end of each legislative session, the
Division Chief will update the pleadings that are kept on the Office’s ―intra net‖ web
site for use by attorneys within the Office.
The Division Chief is responsible for ensuring that the various legal books in the
Office are properly maintained, and he shall review all requests for the purchase of legal
books from the various parts of the Office and make appropriate recommendations to
the General Counsel.
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The Division Chief shall review and sign all briefs that are assigned to and
prepared by the intern.
(b) Section Chief of the Appellate Division
In order to better assist in the supervision of the attorneys in the Appellate

Division, the Division is divided into two Sections, namely Section A and Section B.
The attorneys in these Sections have the same responsibility for the drafting of appellate
briefs and other materials related to direct appeals in the Courts of Appeals, the Court of
Criminal Appeals, the Supreme Court of Texas, and the United States Supreme Court.
The Section Chief has the responsibility of ensuring that all functions and
procedures within his Section are properly implemented. He is responsible for
approving all time sheets of those individuals under his supervision, and he shall
periodically review all work product originating from the attorneys in his Section. The
Section Chief will review the briefs and other legal pleadings of the newly assigned
attorneys in his Section before those briefs and pleadings are filed. He shall evaluate
the personnel working in the Section and make formal reports, upon request, to the
Chief of the Appellate Division. In the absence of the Chief of the Appellate Division,
he may be temporarily assigned to the supervision of the Division.
(c) Appellate Team Members
Each Felony Division (and some other Divisions within the Office) is assigned at
least one Appellate Team Member. The attorneys in a Division that has an Appellate
Team Member can seek out that Appellate Team Member for legal advice in the
prosecution of their cases. An Appellate Team Member should also be encouraged to
provide legal assistance in the courtroom for cases that have unusually difficult legal
issues. Each attorney in the Appellate Division with sufficient experience can be an
Appellate Team Member. The advice and assistance provided by an Appellate Team
Member is not meant to be a substitute for an attorney gaining familiarity with the legal
issues involved in his own case.
(d) Assistant District Attorneys
The Assistant District Attorneys assigned to the Appellate Division report to the
Section Chief of their respective Section or to the Division Chief. They are responsible
for the disposition of all cases that are assigned to them by the Chief of the Appellate
Division. This includes the preparation of briefs, motions for rehearing, petitions for
discretionary review, petitions for review, oral arguments, and motion practice related to
direct appeals. From time to time, as assigned by the Division Chief, the General
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Counsel, the First Assistant, or the District Attorney, an attorney in the Appellate
Division will also be called upon to draft a legal memorandum on an issue of
importance to the Office. Most assistant district attorneys in the Appellate Division are
also assigned to one or more of the various Divisions within the Office as Appellate
Team Members. Assistant district attorneys in the Appellate Division shall keep proper
records and reports of the various stages of their assignments for the review of their
Section Chief or the Chief of the Appellate Division.
The administrative assistants assigned to the Appellate Division report to the

Division Chief and to the attorneys to whom they are assigned. They perform the usual
duties of a legal secretary, including acting as receptionists and typists, as well as
clerical and computer filing. They are responsible for the maintenance of necessary
records, including computer files, related to direct appeals, as well as the receipt and
dissemination of all correspondence and opinion materials. When the need arises, the
administrative assistants assigned to the Appellate Division are also responsible for
serving as the receptionist at the Office’s main lobby.
One of the most important responsibilities of the administrative assistants in the

Division is proper telephone etiquette. The telephones should be answered quickly and
courteously, attending to the caller’s needs in a professional manner. Administrative
assistants are also responsible for keeping sufficient office supplies on hand and
ensuring that office machines are in good working order.
(f) Intern
The intern is assigned to the clerical and administrative operation of the Appellate
Division. Under the direction of the Division Chief, the intern may also be assigned to
prepare briefs in direct appeal cases. Included within the intern’s administrative duties
is general filing in the Courts of Appeals and the District Clerk’s office and incidental
aid to the administrative assistants. The intern is also responsible for assisting the Chief
of the Appellate Division in ordering, distributing, and maintaining the Office’s legal
books.
8.8. GENERAL POLICIES AND PROCEDURES – APPELLATE DIVISION
(a) Internal Procedures
1. Brief Preparation
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In cases on direct appeal to a Court of Appeals, at least twelve copies of the brief
or other pleading are produced. The original and six copies are filed in the Court of
Appeals, one copy goes to the defense lawyer, one copy to the Appellate Division
attorney, one copy to the Office file, one copy to the trial prosecutor, and one copy to
the District Clerk’s Office. Waivers of the time to file an appellate brief are filed in the
place of a brief when a defendant has not filed a brief or when the defense lawyer files
an Anders brief, claiming that the defendant’s appeal is frivolous. The original is filed
with the Clerk, one copy is sent to the defense lawyer, and one copy is placed in the
Office file. For petitions for discretionary review and replies to petition for
discretionary review, at least eighteen copies of the petition or reply are produced. The
original and twelve copies are filed in the Court of Appeals, one copy goes to the
defense lawyer, one copy to the Office file, one copy to the Appellate Division attorney
for his personal file, one copy to the trial prosecutor, one copy to the State’s Attorney in
Austin, and one copy to the District Clerk’s Office. For death penalty cases or for briefs
on petition for discretionary review, at least eighteen copies of the brief or petition are
produced. The original and twelve copies are filed in the Court of Criminal Appeals in
Austin, one copy goes to the defense lawyer, one copy to the Office file, one copy to the
Appellate Division attorney for his personal file, one copy to the trial prosecutor, one
copy to the State’s Attorney in Austin, and one copy to the District Clerk’s Office. All
attorneys in the Appellate Division shall keep apprised of the time limits involved in the
filing of their briefs, and shall promptly file motions for extension of time if the need
arises. An attorney in the Appellate Division should not allow an unreasonable amount
of time to pass before a motion for extension of time or an appellate brief is filed.
2. Oral Arguments
Oral argument in direct appeal cases is generally at the discretion of the attorney
preparing the appellate brief, with the exception of the following three instances. If the
defendant’s attorney plans to present oral argument, the Appellate Division attorney
generally should also present oral argument. Oral argument should be properly
requested and given in all cases in which the State has brought a State’s appeal. Oral
argument should be properly requested and presented in all cases before the Court of
Criminal Appeals, except where it is clearly apparent that oral argument is unnecessary.
If an attorney believes that oral argument in one of these instances is not necessary, he
should first consult with his Section Chief or the Division Chief before that final
decision is made. If an Appellate Division attorney intends to present oral argument in
the Court of Criminal Appeals or in another court outside Houston, the Procurement
Section must be notified of the oral argument date, the name of the defendant, the
appellate court and appellate court cause number, and the trial court and trial court cause
number. Reimbursement for travel expenses shall be in accordance with the policies of
the District Attorney and the government of Harris County.
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3. Preparation and Treatment of Office Files
An administrative assistant will create an Office file when a letter is received

from the District Clerk, notifying the Office that a notice of appeal has been given. The
file is labeled with the defendant’s name, the trial court number, the trial court cause
number, and to which court of appeals the appeal has been assigned. When the
appellate court has assigned an appellate court cause number to the appeal, that number
should also be included on the file. The new case file should be placed in the New
Cases files for the Appellate Division. When a new case file has been created, a new
entry should also be made in the Appellate Database on the Office’s ―intra net‖ web
site, and a new entry should be made in a spreadsheet in which all new cases are listed.
In those cases in which the defendant is the party bringing the appeal, the Appellate
Division will receive either a copy of the defendant’s brief or a letter from the District
Clerk notifying the Office that the defendant’s brief has been filed. At that time, the file
should be given to the intern, so that the appellate record can be checked out from the
District Clerk. When the appellate record has been checked out, the intern should give
the file and the appellate record to the Division Chief, so that the appeal can be assigned
to an attorney in the Division or to the intern. When the Division Chief has assigned a
case, he shall update the Appellate Database with that information. When the attorney
assigned to a case has finished the preparation of the State’s brief, he shall return the
appellate record to the intern in the appropriate location, so that the appellate record can
be returned to the District Clerk. The attorney shall give the file with the completed
original brief to his assigned administrative assistant, so that the copies of the brief can
be prepared and distributed accordingly. The file is then placed in the Pending files for
the Appellate Division. When the State’s brief (or waiver) is filed, the date of the filing
should be entered in the Appellate Database. After a decision has been rendered in an
appeal, the attorney assigned to the particular appeal should be notified, and the file
should ultimately be transferred to the Disposed files for the Appellate Division. All
decisions on a case should be entered in the Appellate Database.
4. Opinions
Every Thursday, an administrative assistant will collect all Court of Appeals

opinions, which have been issued during the previous week, and which involve cases
that have been handled by the Office. These opinions should be copied and distributed
to the various attorneys in the Division for their review. Every Wednesday, an
administrative assistant will prepare a list of those decisions (if any) that have been
handed down by the Court of Criminal Appeals. That list will be distributed to the
various attorneys in the Division for their review.
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5. Book Distribution
All incoming books addressed to the Office are received and distributed by the
Intern, under the supervision of the Division Chief. The invoice should be checked
against the books that have been received, and if proper, it should be delivered to the
Procurement Section after review has been made by the Division Chief and the General
Counsel for the approval of payment. A book file containing lists of where the Office’s
legal books are to be distributed should be maintained and kept up-to-date by the intern
and the Division Chief. The intern shall distribute the Office’s books in a reasonable
and timely manner. On some occasions, the assistant district attorney in the Office to
whom a book is to be given should come to the Appellate Division and receive that
book from the Division Chief. When books have been distributed, the intern should
record in the book file the date that the book was distributed, the name of the book, and
the Division or individual to whom the book was delivered.
6. Decisions
If the attorney handling a particular appeal has been notified that one of his cases
has been reversed, or that the trial court’s judgment has been affirmed in the case of a
State’s appeal, the attorney handling the appeal should notify the chief prosecutor of the
trial court from which the conviction or appealable order arose. A copy of the opinion
granting relief shall also be given to the chief prosecutor and the trial prosecutor who
actually handled the case at trial (if that individual is still employed with the Office).
The attorney handling the appeal should also notify the Victim’s Rights Division of the
decision of the Court of Appeals, so that the appropriate notification can be made to the
victim or the victim’s relatives (if there are any). If a victim or victim’s relative has
made a request directly to the Appellate Division that he be kept informed concerning
the appeal, the individual’s name and contact information should be noted on the front
of the case file, and it should also be noted in the Appellate Database. The attorney
handling the appeal shall contact the victim or victim’s relative directly if that individual
has made a request to the Appellate Division that he be kept informed concerning the
appeal.
If a trial court’s judgment has been reversed, or if the trial court’s judgment has
been affirmed in the case of a State’s appeal, the attorney handling the appeal shall
consult with his Section Chief and the Division Chief about the propriety of filing a
motion for rehearing in the Court of Appeals, a petition for discretionary review in the
Court of Criminal Appeals, or a petition for review in the Texas Supreme Court. After
the reversal of a trial court’s judgment, or the affirming of a trial court’s judgment in the
case of a State’s appeal, the attorney handling the appeal shall continue to notify the
relevant parties concerning the progress of the appeal through motion for rehearing,
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petition for discretionary review, petition for review, and the ultimate disposition of the
appeal. An attorney in the Appellate Division will not file a pleading in the United
States Supreme Court if that pleading requires special printing and significant additional
cost, unless that attorney has first consulted with and gained the approval of the
Division Chief and the General Counsel.
(b) State’s Appeals
The State has a limited right of appeal in criminal cases and in juvenile cases.
Any attorney in the Office desiring to seek a State’s appeal must complete a State’s
appeal checklist, available on the Office computer, and furnish copies of the completed
report to the appropriate supervisors. Since any State’s appeal must be perfected within
twenty days of the signing of the trial court’s order that is sought to be appealed, time is
of the essence. All State’s appeals must be approved by the District Attorney, and her
personal signature on the formal notice is jurisdictional. Therefore, no assistant district
attorney is authorized to take a State’s appeal without the personal signature and
approval of the District Attorney. Other than the filing of the State’s notice of appeal,
the same timetables applicable to defendant’s appeals also apply to State’s appeals. If
the District Attorney has approved the filing of State’s appeal, the Division Chief shall
ensure the proper and timely filing of the State’s notice of appeal, the State’s
designation of the record on appeal, and the State’s request for the preparation of the
court reporter’s record. The Division Chief shall also assign one of the experienced
attorneys in the Appellate Division to prosecute the State’s appeal. A State’s appeal
will otherwise be handled as all other direct appeals in the Appellate Division.
8.9. POST CONVICTION WRITS DIVISION

The purpose of this division is to represent the State in felony post conviction writ cases
in the Criminal District Courts and the Court of Criminal Appeals. The staff of the Post
Conviction Writs Division consists of prosecutors, investigators, interns, and
administrative assistant personnel who serve under the supervision of the Chief of the
Post Conviction Writ Division.
(a) Post Conviction Writ Division Chief
The Post Conviction Writ Division Chief shall supervise all personnel assigned to the
Post Conviction Writ Division. In this capacity, the Chief shall oversee the evaluation
of all personnel in the division and shall personally evaluate each prosecutor,
investigator, and administrative assistant assigned to the division. The Post Conviction
Writ Division Chief shall make recommendations with regards to transfers, pay raises,
and promotions within the division to the General Counsel who serves as the Chief of
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the Bureau. The Division Chief shall be available to consult with prosecutors
concerning cases, legal problems, personnel problems and training. The Chief, as well
as prosecutors assigned to the division, may give specific assignments to paid intern
personnel, investigators, and administrative assistant personnel assigned to the division.
The Post Conviction Writ Division Chief shall monitor the progress of all Harris County
death penalty cases from the time of conviction to execution. The Chief shall oversee
the production of pleadings and other written documents filed by prosecutors assigned
to the division and ensure that all assignments are properly and timely completed. The
Chief shall personally observe the courtroom work of the prosecutors assigned to the
division on a regular basis. The Chief shall ensure that all employee evaluations and
administrative paperwork are completely in a timely and proper fashion. The Chief
shall be certain the personnel assigned to the division properly handle their assigned
duties and work at least forty (40) hours per week, by approving, if correct, their bi-
weekly time sheets. The Chief shall regularly meet with prosecutors assigned to the
division. The Chief shall inform the members of the division of policy directives
promulgated by the District Attorney. The Chief shall inform the General Counsel of
any acts or allegations of misconduct by any prosecutor, judge, defense attorney, police
officer, or public official.
The Chief shall assign an individual docket of death penalty cases to prosecutors
assigned to the division. In addition, the Chief shall retain an individual docket of death
penalty cases as other duties permit. The Chief shall monitor and approve the
requesting of execution dates for Harris County death penalty cases. The Chief may
serve as a post conviction/death penalty resource person for the bench, prosecutors in
other Texas counties, and other States. The Chief may serve as a post conviction/death
penalty resource person for prosecutors’ associations, the Office of the Governor, and
the Texas Legislature. The Chief shall inform the General Counsel and the District
Attorney of extraordinary writ matters and significant death penalty matters. The Chief
shall maintain liaison with the police departments, citizens, and all segments of the
criminal justice system regarding cases pending in the division.
(b) Capital Post Conviction Writ Prosecutor
The prosecutor shall monitor the death penalty cases assigned by the Division Chief
from the time of assignment to the time of execution or any other final disposition of the
case. The prosecutor shall properly and timely complete appropriate motions, answers,
and any other needed pleadings for the purpose of state habeas litigation in the assigned
cases. The prosecutor shall make needed state court appearances for the assigned cases.
The prosecutor shall obtain the approval of the Division Chief before requesting the
setting of an execution date.
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approval of the Division Chief. The prosecutor shall inform the Division Chief of
extraordinary writ matters and significant death penalty matters.
Attorney. The prosecutor shall inform the Division Chief of any acts or allegations of
misconduct by any prosecutor, judge, defense attorney, police officer, or public official.
(c) Non-capital Post Conviction Writ Prosecutor
The prosecutor shall monitor the non-capital felony post conviction writ cases received
from the Harris County District Clerk’s Office. The prosecutor shall maintain an
individual docket of cases and assign a docket of less difficult, pro se cases to a paid
intern. The prosecutor’s individual docket shall include all non-capital felony post
conviction writs filed by attorneys. The prosecutor shall properly and timely complete
appropriate motions, answers, and any other needed pleadings for the purpose of state
habeas litigation in the assigned cases. The prosecutor shall make needed state court
appearances for the assigned cases.
The prosecutor shall supervise all duties and cases assigned to a paid intern in the
division. The prosecutor shall serve as a resource person for a paid intern concerning
legal issues and cases. The prosecutor shall read all written work prepared by a paid
intern, and the prosecutor shall sign such written work as the supervising attorney.
approval of the Division Chief. The prosecutor shall inform the Division Chief of
extraordinary writ matters and significant non-capital habeas matters.
The prosecutor shall inform the Division Chief of any acts or allegations of misconduct
by any prosecutor, paid intern, judge, defense attorney, police officer, or public official.
Attorney.
(d) Paid intern
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The paid intern shall properly and timely complete tasks assigned by a prosecutor in the
division. The paid intern shall submit all work to the assigning prosecutor for approval
and for signature. The paid intern shall monitor assigned cases to ensure that deadlines
are timely met.
The paid intern shall record the hours worked on the bi-weekly time sheet, which shall
be submitted to the Division Chief for approval. The paid intern shall comply with
policy directives promulgated by the District Attorney. The paid intern shall inform the
Division Chief of any acts or allegations of misconduct by any prosecutor, judge,
defense attorney, police officer, or public official.
(e) Investigator
The investigator shall properly and timely complete tasks assigned by a prosecutor in
the division. The investigator shall maintain liaison with the police departments,
citizens, and all segments of the criminal justice system regarding assigned cases. The
investigator shall inform the Division chief of extraordinary writ matters.
The investigator shall inform the Division Chief of any acts or allegations of misconduct
by any prosecutor, paid intern, judge, defense attorney, police officer, or public official.
The investigator shall comply with policy directives promulgated by the District
Attorney.
(f) Administrative Assistant
The administrative assistant shall receive all felony post conviction writs from the
Harris County District Attorney’s Office and prepare writ files for each case. The
administrative assistant shall prepare a capital writ file for all death penalty cases, as
directed by the Division Chief. The administrative assistant shall maintain a record of
the status of each case, including the prosecutor to whom it is assigned, and shall update
the writ files with appropriate information as received by the courts or counsel. The
administrative assistant shall maintain a daily log of documents filed in the Harris
County Clerk’s Office.
The administrative assistant shall maintain an individual, monthly writ count for
documents filed by each prosecutor and paid intern assigned to the division. The
administrative assistant shall maintain an individual, monthly account of court
appearances by prosecutors assigned to the division. The administrative assistant shall
do any appropriate filing, copying, typing, or clerical work for the division.
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The administrative assistant shall comply with policy directives promulgated by the
District Attorney.
8.10. BOND FORFEITURE DIVISION
The bond forfeiture division is charged with the responsibility of monitoring and
handling all bond forfeiture cases in the felony, misdemeanor and justice courts. This
includes the investigation, settlement and collection of all bond forfeiture matters. The
duty of the District Attorney is to represent the State of Texas on the Harris County Bail
Bond Board, in bond forfeiture proceedings and to be aware of the status of the sureties
in the bonding industry, the status and circumstances concerning the bail bonds that are
pending, and to monitor and act if necessary so that proper bonds are being accepted
from responsible sureties.
8.11. JOB DESCRIPTIONS – BOND FORFEITURE DIVISION
(a.) Bond Forfeiture Division Chief
The Chief of the Division supervises the operations and personnel of the Bond
Forfeiture Division and reports to the Chief of the Office of General Counsel Bureau.
This individual is responsible for making certain that the monthly report of the status of
all bond forfeiture activities is prepared and sent to the District Attorney, the First-
Assistant, and the Chief of the Office of General Counsel Bureau and the Director of the
Operations Division. The Bureau Chief of the Office of General Counsel shall represent
the District Attorney as the designee on the Harris County Bail Bond Board. In the
event the General Counsel is unable to attend, the Division Chief will attend. The Bond
Forfeiture Division Chief is responsible for recommending office policy in bail bond
matters, subject to the advice, consent and guidance of the District Attorney. The Bond
Forfeiture Chief is responsible for reviewing and approving State Extradition decisions,
Renditions of fugitives in federal custody, and Interstate Agreement on Detainer
decisions. The Chief appraises the circumstances surrounding all bond forfeitures in
District, Misdemeanor and Justice courts and makes certain the proper legal documents
are prepared, filed and the cases are properly handled through disposition of the scire
facias dockets and collections of the scire facias judgments.
(b.) Bond Forfeiture Division Assistant
The Assistant District Attorneys assigned to the bond forfeiture division are responsible
for assisting the Chief of the Division in the preparation of the felony Scire Facias
dockets and assisting the interns in the preparation of the Scire Facias dockets which are
held in the county courts. An Assistant is also assigned the primary duty of handling the
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Scire Facias dockets in the Justice of the Peace courts. The Assistants monitor the
payment of all bond forfeiture judgments, which includes issuing the abstracts of
judgments and requests for execution on unpaid judgments. These Assistants coordinate
with other county agencies who may be involved in the sale of real property or the
seizure of assets, including preparation of the release of liens as payment agreements are
reached and assets owned by bondsmen are sold. These Assistants represent the State of
Texas in adversarial proceedings relating to licensed bondsmen, including proceedings
affecting assets which are held as collateral by the Harris County Bail Bond Board and
any other proceedings which occur in civil, probate or bankruptcy court. The Assistants
assigned to the bond forfeiture division also handle the majority of the appellate work
and all post-judgment Bills of Review for the bond forfeiture division.
(c.) Extradition Administrator
The Extradition Administrator processes all paperwork relating to state to state

extraditions; writs; interstate agreements; international extraditions and other
international matters.
Regarding state to state extradition, the Extradition Administrator is responsible for

handling all procedures involving extraditions and renditions of prisoners, including but
not limited to requisitions for applications of Governors’ Warrants.
In addition to state to state extraditions, the Extradition Administrator is responsible for

another type of rendition called a Writ of Habeas Corpus ad
Prosequendum/Testificandum. This tool is utilized for the purpose of borrowing an
inmate from a federal facility for the purpose of prosecution or testimony.
The Extradition Administrator is also responsible for another rendition called an

Interstate Agreement. This procedure requires knowledge of the law that pertains to
rendition of prisoners. Interstate Agreements are utilized when an inmate is in a state or
federal facility and needs to be returned to Harris County to dispose of their pending
charges in Harris County.
The Extradition Administrator processes the paperwork for international extraditions

and keeps the First Assistant District Attorney apprised of the progress made in
returning these fugitives. The Extradition Administrator is the District Attorney’s
Office main contact in working with the Department of Justice. The Extradition
Administrator interfaces with the Department of Justice to submit the necessary legal
documents and information to another sovereign country to extradite fugitives that have
fled to their country. The Extradition Administrator also works with federal authorities
to file Unlawful Flight to Avoid Prosecution (UFAP) charges. Additionally, the
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Extradition Administrator will work with INTERPOL which is an international police
agency that assists in locating fugitives internationally.
The Extradition Administrator works with the Mexican PGR (equivalent to the U. S.
Attorney’s Office) in deciding if a case is appropriate in which to pursue an Article IV
Prosecution. This tool allows Mexico to prosecute and sentence its nationals in Mexico
for charges that were committed in the United States. With the approval of the District
Attorney, the Extradition Administrator will draft and process the paperwork to file an
Article IV Prosecution through the PGR office.
The Extradition Administrator shall be knowledgeable in the law and in the

requirements for each of the above types of extradition procedures and shall be able to
select the proper ―extradition method‖ that will best accomplish the successful rendition
of a fugitive within the requirements of the law. For example, in an instance where a
fugitive can be obtained via a Writ or an Interstate Agreement but a Governor’s Warrant
with an Executive Agreement attachment would be more efficient than a Writ or
Interstate Agreement the Extradition Administrator shall be able to apply the law to the
circumstance and decide on the most efficient and available method for the return of the
fugitive. The Extradition Administrator will serve as the District Attorney’s Office
custodian of records in regards to any paperwork filed for the return of fugitives or
inmates and will be able to testify in that capacity.
(d.) The Investigator
The Investigator assigned to the bond forfeiture division shall assist the prosecutors in
criminal investigations of bondsmen and defendants. The investigator shall also assist
the prosecutors and paralegal in the location of assets for individuals. This will include
real property and tax searches as well as searching through utility records, business
records, ―dba‖ records and corporate records which may be kept by the Secretary of
State. The investigator shall act as a liaison with out of county law enforcement to
procure information that is relevant to his assignment and shall work closely with the
Harris County Sheriff’s department to insure that detainers are properly placed on
defendants who have forfeited. The investigator shall also act as a liaison with the
Texas Department of Insurance and the Secretary of State and the Immigrations and
Custom Enforcement agents to procure information regarding the personal history of
bondsmen or defendants.
(e.) Bond Forfeiture Paralegal
The paralegal in the Bond Forfeiture Division shall be responsible for assisting the
prosecutors and other bond forfeiture staff with their duties. The paralegal is to assist in
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the monitoring of all JIMs reports pertaining to the bail bond industry. The paralegal
shall assist with legal issues and preparation of legal instruments for the Justice of the
Peace courts and coordinate Scire Facias docket dates for the JP courts. The paralegal
shall assist in the compilation and maintenance of monthly reports indicating the
amount of cash collected the number of judgments taken, the total number of forfeitures
and the total number of disposed bond forfeiture cases in the felony, misdemeanor and
Justice of the Peace courts. The paralegal shall monitor all JIMs reports for
payment/non-payment of judgments in and outside of Harris County. The paralegal
shall make certain that requests for abstracts of judgment and requests for execution are
prepared and filed in Harris County and in other counties in a timely manner. The
paralegal shall assist in the location of sureties and their assets throughout Texas. The
paralegal should have contact with key personnel on the Bail Bond Boards of
surrounding counties and in every Bail Bond Board county who licenses a surety who
has pending bond forfeitures or judgments in Harris County. The paralegal should be
the primary person to interface with the Harris County Sheriff’s office in monitoring
sureties with unpaid judgments, and reconciling total collateral and total outstanding
judgment amounts.
(f.) Administrative Assistants
In addition to the customary duties of an administrative assistant, the administrative

assistants in the Bond Forfeiture division will also be responsible for specific duties.
The administrative assistants are to log in the judgment nisi’s and maintain the
photocopied bond forfeiture files that are received from the Clerk’s office. The county
court cases will be filed by court until service is accomplished and an answer is
received, at which time they will be placed on the next misdemeanor court docket. The
felony case files will be filed by court and month of forfeiture and maintained in the
Bond Forfeiture Division until the 230th day at which time the cases will be pre-
screened, and if appropriate, placed in awaiting return files or on the proper felony court
docket. The administrative assistants in the Bond Forfeiture division are to maintain and
update the filing system and prepare, under the direction of the Division Chief, the scire
facias dockets for the misdemeanor and felony courts.
Each administrative assistant is to timely mail notifications of Scire Facias trial settings
to the proper parties as required by the Code of Civil Procedure. The administrative
assistants are to log in each Motion for Remittitur or Motion for New Trial on the
remittitur log database. The administrative assistants are to prepare Agreed Final
Judgments in response to Motions for Remittitur filed in felony and misdemeanor cases.
The administrative assistants are to prepare Default Judgments and request for Writs of
Execution and Abstracts of Judgment, for all cash, personal and pre-trial bond cases
where appropriate. In addition, administrative assistants are to keep good records of all
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disposed cases by appropriately marking their disposition and payment on the
photocopied files and filing them in the appropriate disposed of files. The
administrative assistants shall keep forms and instruments updated and see that an
ample supply is available at all times. Each administrative assistant shall prepare the
proper reinstatement documents or agreed judgments and notify the appropriate parties
when the documents are completed and ready to be taken to court for the Judge’s
signature.
One administrative assistant shall be designated as the primary person in charge of

updating, filing and maintaining the list of current licensed sureties for the Bail Bond
Board, although both administrative assistants should be proficient in this area. Each
administrative assistant is expected to stay proficient in JIMs and in Word and Excel in
order to properly and timely keep the Bond Forfeiture Division files up to date and
correct. The telephone and office visitors are to be attended to promptly and
courteously at all times. Administrative assistants shall exchange routine office chores
and duties for training purposes with co-workers and where possible, plan personal
vacations to be the least disruptive of office workflow. Each administrative assistant
shall endeavor to improve the methods and operations of the division to be more
efficient.
(g.) Legal Interns
The interns work under the direction of the Chief of the Division. At least two of the
hired interns will have a sufficient number of completed law school hours to qualify for
their third year law school bar card so that they may appear in court for scire facias
dockets. The additional interns are responsible for the Motions for Remittitur and
learning the docket procedures. In addition to carrying out the duties assigned by the
chief, they will assist all bond forfeiture personnel in executing the above enumerated
duties. The interns are responsible for completing the daily mail runs for the division.
The interns are also responsible for completing the ―bond/nisi‖ check on all new bond
forfeiture files received from the district clerk’s office. The interns are responsible for
initialing the newly received files to demonstrate that the bonds and judgments nisi have
been proofread and are in compliance. The interns should verify that the files are given
to the correct administrative assistant for filing the new cases in the proper file drawers.
The interns shall obtain the signatures of the Judges on misdemeanor scire facias trial
dockets and file the originals in the Bond Forfeiture Division of the clerk’s office.
Prior to the scire facias trial date, the interns should insure the following:
(1) The official docket is file stamped and displayed in the Bond Forfeiture
Division of the Clerk’s office;
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(2) The cases on the docket have been run in JIMs to ascertain their status for
disposition;
(3) The final judgments have been prepared, proofed and signed by an Assistant
District Attorney (at least one week ahead of docket);
(4) All parties or their attorney of record on the trial docket have been notified as
to the intent of the District Attorney’s office in disposing of their scire facias cases, (at
least one week ahead of docket);
(5) The court co-coordinator has been notified in advance of any contested
hearings or trials on the scire facias docket;
(6) The scire facias files are present in the courtroom.
On the day of the scire facias trial docket, the interns should:
(1) Re-check the JIMs system to ascertain if any of the cases on the day’s docket
have had material developments in their procedural status;
(2) Transport the required judgments and files to court;
(3) Conduct the scire facias trial docket;
(4) Take all signed judgments to the clerk’s office for entry and make a copy of
each one;
(5) Attach a copy of the judgment to the State’s copy of the scire facias trial case
and note the disposition on the front of the file;
(6) Return the reset cases to the proper administrative assistant for preparation of
the next docket and place disposed of files in the proper location for later check of JIMs
entry.
8.12. BOND FORFEITURE PROCEDURES AND POLICIES
(a.) The Bail Bond
Bail is defined as the security given by the accused that he will appear and answer
before the proper court the accusation brought against him, and includes a bail bond or
personal bond. The provisions of bail are governed by Article 17.01 of the Code of
Criminal Procedure. Since the formal requisites of personal bail, cash bail and the bond
with surety, are the same, there will be no distinction made in the procedure described
herein. (See Articles 17.02, 17.04 and 17.08 of the Code of Criminal Procedure).
(b.) The Forfeiture
When a bonded defendant fails to appear and answer, the prosecutor shall orally move
for the forfeiture of the bond. Judges usually wait a reasonable amount of time before
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instructing their bailiffs to call the defendant’s name three times at the courthouse door.
If there is no appearance by the defendant after the name is called, the court shall grant
the motion to forfeit. After the motion is granted and the bond amount is raised, usually
by doubling, the docket sheet in the Court’s file is so noted.
After forfeiture is ordered, the felony judge shall make, or have made, a docket sheet
entry of the forfeiture showing the raised bail amount, if any, and directing that a capias
issue forthwith for the re-arrest of the principal. When the judge orders forfeiture, the
bond forfeiture clerk prepares an interlocutory order known either as Judgment of
Forfeiture or Judgment Nisi. The effect of its filing is the same as the filing of a civil
case in the name of the State of Texas as Plaintiff, seeking recovery of the amount of
bail plus court costs. The Bond Forfeiture Division of the District Clerk’s Office
automatically prepares the interlocutory Judgment of Forfeiture or Judgment Nisi,
usually within twenty-four (24) hours of the actual granting of the prosecutor’s oral
motion after the Court Clerk has delivered the Court’s records to their division. They
also create a forfeiture file folder (blue for felonies; gray for misdemeanors) and prepare
and mail citation with a copy of the Judgment Nisi attached to the principal and
surety(ies), issue a capias to the Sheriff and forward a photocopy of their file to the
District Attorney’s Bond Forfeiture Division to serve as the prosecutor’s case file.
(c.) Judgment of Forfeiture or Judgment Nisi
Article 22.02 Code of Criminal Procedure provides that upon the defendant's failure to
appear, "judgment shall be entered that the State of Texas recover of the defendant the
amount of money in which he is bound, and of his sureties, if any, the amount of money
in which they are respectively bound, which judgment shall state that the same will be
made final, unless good cause be shown why the defendant did not appear." This is
known as the Judgment of Forfeiture or Judgment Nisi. A Judgment of Forfeiture
against the sureties on a bail bond is an interlocutory or conditional judgment. It is a
necessary and essential element of the State's cause of action in a forfeiture case since
without such an interlocutory judgment there can be no final judgment.
(d.) The Citation
In January 1981, the Bond Forfeiture clerks in the District Clerk’s office began
automatically issuing citations by certified mail in all Felony and County Criminal
Court at Law Scire Facias cases pursuant to Rule 106, Texas Rules of Civil Procedure.
Citation is issued in compliance with Articles. 22.03, 22.035, 22.04, 22.05, 22.06,
22.098, 22.09 of the Code of Criminal Procedure.
(e.) The Answer

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When an answer is received by the Bond Forfeiture Division of the District Clerk’s
office the clerk’s make a notation on the cover sheet of the scire facias case and forward
a photocopy of the filed answer to the Bond Forfeiture division. The Bond Forfeiture
division attaches the answer to the appropriate felony or misdemeanor file and files the
cases in the proper location. Approximately thirty days following service of citation the
administrative assistant in the bond forfeiture division will run the case to determine if
citation was completed and the status of the answer. If no answer is indicated on JIMs,
the administrative assistant will ask the intern to copy the citation information and
attach it to the file and present it to the assistant in the Bond Forfeiture Division to
determine if a default judgment is proper. If JIMs indicates that an answer has been
filed, the intern shall copy it from the clerk’s office, and attach it to the State’s copy of
the file.
If the citation's green card has been returned showing good service and yet no answer has
been filed the Bond Forfeiture Division will prepare a Default Judgment.
The JIMs computer system provides a tracking system for Bond Forfeiture cases. The
system may be accessed by the following transaction: LBFD/005 (005) for felonies,
(004) for misdemeanors, then the 6 digit criminal case number (example:
1124560101A), the last "A" means it is the first bond forfeiture in this criminal case,
use "B" if it is the second such forfeiture, etc. or, put more succinctly:
LBFD/005/01234560101A. If a case has multiple counts, count two would be :
LBFD/005/01234560102A; if the case has forfeited more than one time the cause no.
would carry a "B" on the end for the second forfeiture, a "C" on the end for the
third...etc... (example: 1234560101B).
(f.) Default Judgments
If no answer is filed in a Scire Facias case, but service was properly obtained, the Bond
Forfeiture Division will prepare the Default Judgment and plan to present it to the
Court on a Monday, in compliance with a request from the District Clerk’s office.
Cases in which Default Judgments are proper do not need to be docketed for a Scire
Facias trial hearing. Once the Default Judgments are prepared the Bond Forfeiture
Division assistants shall contact the Bond Forfeiture division of the District Clerk’s
office and ask that the Court’s bond forfeiture file for that case be sent to the courtroom
for the following Monday.
On Monday, the Bond Forfeiture assistant will approach the bench with the Default
Judgments and ask that the Judge take judicial notice of the contents of the Court's file
noting that the citation was properly sent, the green card showing that citation was
received and that no answer has been filed or the unclaimed letter showing that
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citation was properly sent but returned unclaimed. Note: under Code of Criminal
Procedure Art. 22.05, citation is deemed served when deposited in the United States
mail directed to the last known address of the defendant. The Assistant should
ensure that the clerk’s office has made proper notation and entry on the return of
citation that the mail was properly sent to the Defendant-Principal. The Assistant
should then present the Default Judgments to the Judge for signature. After entry of
judgment, the Bond Forfeiture Assistant should take the signed Default Judgments to
the Clerk's office and file the documents with the Clerk. A copy of the default
judgments will be made by the Assistant and taken to the office for attachment to the
proper file. The Administrative Assistant shall file the copies of the default judgments
and check them in JIMs for entry of judgment and payment.
(g.) Scire Facias Docket
MISDEMEANOR DOCKETS:
Misdemeanor dockets will follow the bi-monthly schedule agreed upon by the courts.
All pending forfeitures which have answers are set on the misdemeanor dockets as
soon as an answer is filed. Final judgments however, are only taken on misdemeanor
cases when the judgment date is 180 days from the date of forfeiture, unless the case
qualifies for exoneration or remittitur under Tex. Code of Criminal Procedure art.
22.13 or art. 22.16. Pending cases which do not qualify for remittitur or exoneration
and which are not yet 180 days old shall be reset until the next docket.
FELONY DOCKETS:
Each felony court should complete between four to five Scire Facias dockets per year.
Where an answer has been filed the prosecutor given responsibility for the felony
division shall cause a Scire Facias docket to be prepared, attaching thereto an order
setting those cases for trial. The number of cases set on the docket is controlled by the
total number of pending cases ready for setting, but should be approximately five to fifteen
cases. The felony dockets will consist of all pending cases which will be 270 days from
date of forfeiture on docket date. Any pending cases which qualifies for exoneration or
remittitur under Texas Code of Criminal Procedure art. 22.13 or 22.16 may also be
placed on the felony scire facias docket.
If a Judge does not set a Scire Facias trial docket within a reasonable time after
request, the District Attorney shall be notified immediately by written memo. The
District Attorney will direct a written motion requesting a Scire Facias docket to be
filed in that court and will transmit a cover letter with a copy going to the relevant
presiding judge.
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After presenting the Scire Facias docket for the Judge's dating and signing, the
original will be filed with the Bond Forfeiture Division of the Clerk's office with
photocopies retained to be sent by certified mail as notices to all parties that filed
answers at their given addresses, per the Assistant's certification. A copy of the
docket should always be kept by the D.A.'s Bond Forfeiture Division. Although the
Rules of Civil Procedure require 45 days for such notice before setting, it is the policy
of this office to send notices fifty (50) days in advance of the trial date setting.
However, cases that were formerly set with good notice, then reset, are not required
by the Rules of Civil Procedure to have formal notification again.
(h.) The Trial
The Bond Forfeiture Division Prosecutors are responsible for being prepared for
contested cases set for trial on the Scire Facias docket. In preparing for trial, they
should have a complete copy of the felony Bond Forfeiture Clerk’s official blue file or a
complete copy of the misdemeanor Bond Forfeiture Clerk’s official green file and be
familiar with the bond, judgment nisi, citation and return, answer, any amended answer,
motion, exception, or other pleading. If the criminal case had a bond transfer involved
in it, then they should obtain from the Court Clerk’s official criminal file a copy of the
surety’s written agreement to transfer the bail bond.
About two (2) days prior to trial, the prosecutor should confirm that the Court Clerk will
have the relevant criminal file(s) and the Scire Facias file(s) and docket sheets in court
for the hearing.
Some Judges, to save time and expense, will judicially notice their official court records
before them on the bench and later allow replacement with certified copies if appeal is
taken. Others would rather have such certified copies, especially of the bond, nisi and
citation formally marked and introduced at the hearing. Such certified instruments
should be included in the State’s file prior to attending the contested hearing.
When either principal or surety has filed an answer, then such case is qualified for Scire
Facias hearing setting. If citation has properly been served on one or both sureties, but
no answer has been filed, and time limits to answer have expired, then a Default
Judgment should be the method for final disposition. Should the first surety answer but
second surety not answer after both have been properly cited, the case should be set
with forty-five (45) days notice sent to those sureties and their attorneys who have filed
answers.
If a hearing is conducted, the result should be reflected in a Contested Judgment. Since

a large number of Contested Judgments result in appeal, a record should always be
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made of the entire hearing, and all exhibits should be properly marked and introduced.
No matter what type of judgment, when service of citation has failed against one of the
sureties but not others, and the decision is taken to nevertheless go forward without
further citation service effort (such as alternate service or personal service), the party not
cited should be dismissed from the case. All parties must be disposed of to make a valid
and binding judgment.
Some judges make their own docket sheet entries while others ministerially delegate
that duty to the Court Clerks. However the entries are made, checking their accuracy
afterward to allow absolute and perfect correspondence with the proper type judgments
is the better practice. Bond Forfeiture forms are located in the Word Directory.
Scire Facias cases should never be ―Passed‖ to some indefinite future date. If a case is
set on the docket, and an unexpected contested issue arises, all of the parties should sign
a reset form for a future date certain to eliminate the necessity of resending notice of
dockets.
Following citation, the surety may file an answer as in any civil case, but Article 22.11
C.C.P. further states that the answer shall be in writing and show cause why the
defendant did not appear. (See also Texas Rules of Civil Procedure relating to Answers
Rule 83, et al)
It is not necessary that the defendant surety’s answer be sworn to, unless the execution
of the bond is denied, or an alleged forgery, or if it is required by Rule 93 T.R.C.P.
Generally, the statutory defenses to forfeiture are provided by Article 22.13 C.C.P. It is
mandatory that these defenses be pled in the answer to support a judgment for the
sureties, Rule 94, T.R.C.P. Holley v. State, 157 S.W. 937, stands for the proposition
that a surety was not entitled to a defense at trial unless it was pled.
In relation to the bond, if there is a variance between it and the Judgment Nisi, it can be
fatal. For that reason, the Judgment Nisi should, in all material respects, conform to the
bond. A variance on a matter which is surplusage will not vitiate the forfeiture. The
misspelling of the defendant’s name, for example would not be fatal so long as they
refer to the same person and this is shown at trial. Omitting a name or adding a name to
the Judgment Nisi when such does not conform to the bond, will create a fatal variance.
Should there be a variance between the names on the bond and the names on the
Judgment Nisi, or the correct date of forfeiture as it is reflected on the Judgment Nisi;
the Nisi can be corrected at any time prior to entry of a Final Judgment. A Motion to
Amend the Judgment Nisi should be filed and entered prior to the entry of a correct
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Final Judgment. Standard forms for the Motion to Amend Nisi are located in the Bond
Forfeiture forms.
Care should be taken prior to trial that the Judgment Nisi orders recovery against all
sureties on the bond in the amount of their respective obligations. Judgment against the
sureties alone is fundamental error. It cannot be overemphasized that if you look to the
sureties to satisfy the bond, then the Judgment Nisi must include the principal even
though there is no expectation that the defendant-principal could pay a judgment. The
obligation of both sureties and principal is joint and several and it is immaterial whether
the judgment of forfeiture describes it as joint ―or‖ several, or joint ―and‖ several.
When the defense of death of the principal is pled, then the surety must be allowed an
opportunity to prove it; however, it has been held that the death of the principal after
forfeiture but prior to final judgment will not exonerate or excuse the breach. Before
the prosecutor agrees to dismissal without costs of a forfeiture proceeding on the basis
of death prior to appearance date, the prosecutor should require a certified death
certificate. Additionally, some evidence that the person identified in the certificate is
the same as the principal on the bond should be required, and this evidence should
come, if possible, from a disinterested party. Depending upon its credence, contents and
completeness, a sworn affidavit can serve this role. This should be required to avoid the
use of a forged or false death certificate, as well as positively identifying the principal
and the dead person as being one and the same. If there is doubt, the proceedings
should not be dismissed, but should be tried for determination of the facts. In
considering a possible dismissal, remember the standard of proof is by a preponderance
of the evidence.
Article 22.13 C.C.P. provides for exoneration of the surety under specific circumstances
and is discussed in section (k.).
(i.) Reinstatements
The Bond Forfeiture Division will be responsible for preparation of the

reinstatement documents and contacting the appropriate sureties for approval of
reinstatements. Office policy is to allow fourteen (14) days after the date of the
Judgment Nisi to reinstate Scire Facias cases for the reason that most failures to
appear are simple appearance errors (accidents, car failure, setting errors and
illnesses) and can be discovered and corrected within that time span. No
reinstatement will issue from the Bond Forfeiture Division if the forfeiture occurred on
a "motions hearing‖ or "trial" date setting without first contacting and obtaining
the approval of the Assistant handling the criminal case.
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No bond shall be reinstated when the criminal case has been disposed of and
satisfied. Reinstatements are issued with costs if the defendant was responsible for
the forfeiture and consequent civil case filing efforts have been expended.
Reinstatements are issued without costs when (a) either there is a verified and proven
statutory exoneration or (b) the judicial system caused the forfeiture through setting
error and a writing signed by the Judge or Court Coordinator is proffered. Note, also
that the surety must affirmatively agree to either type of bond reinstatement before such
liability can be replaced after the initial forfeiture, as entitlement thereafter exists for
the surety's reliance upon the automatically issued warrant for the principal’s re -
arrest, unless waived by his or her agreement to reinstate. A reinstatement must
be signed by the surety, the surety’s attorney, or the defendant’s attorney of
record.
The Bond Forfeiture division shall be authorized to reinstate bonds and dismiss
forfeitures within the fourteen day grace period in accordance with existing
policy. If the District Court chief feels a bond in a particular case should not be
reinstated, the chief shall immediately notify one of the Assistants in the Bond
Forfeiture Division.
(j.) Remittiturs
Prior to entry of a final judgment and after the bond forfeiture, a surety may file a
Motion for Remittitur if one of the Remittitur provisions of Texas Code of Criminal
Procedure Art. 22.16 exists and is verified. The proper judgment should follow the
provisions of Article 22.16 as follows: At any time between forfeiture and entry of
the final judgment, the court may, on written motion, remit to the surety the amount
of the bond after deducting court costs, interest accrued at the prejudgment interest
rate, necessary and reasonable return costs, if any, if any of the following events
occurred prior to the final judgment:
1. The principal is released on a new bail in the case;
2. The case for which the bond is given is dismissed; or,
3. For other good cause shown.
Prejudgment interest is calculated by the clerk's office based on the current interest
schedule (See Finance Code Sec. 304.103 and Sec. 304.104.)
Any written motion for remittitur submitted prior to final judgment should be
handled by one of the Assistants in the Bond Forfeiture Division, who is
authorized to settle such cases in accordance with office policy as follows:
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(1.) New Bail can be determined by checking the JIMs computer for entry of a
new bond. If an out of county bond has been made, there shall be no remittitur
worked until the new bond is verified and received by Harris County and is
shown in the JIMs system
(2.) Dismissal of the Criminal Case: Dismissal may be verified by a computer
check of JIMs and those forfeiture cases disposed of immediately with a
settlement agreement for court costs and interest.
(k.) Exonerations
Article 22.13 of the Texas Code of Criminal Procedure provides the only
ground for exoneration of the surety on the forfeiture. All requests for
dismissal without costs should be made in writing and delivered to the
Bond Forfeiture Division.
In accordance with Article 22.13, upon Motion for Exoneration, our Office
will agree to a dismissal without costs for the following reason:
1.) The bond is not a valid and binding undertaking in law.
2.) The death of the principal before the forfeiture was taken.
Death of Principal: The bondsman shall be responsible for
providing a certified copy of the death certificate to the
prosecutor in the bond forfeiture division. The prosecutor shall then
forward the death certificate to the investigator of the bond forfeiture
division who shall confirm the death and the identity of the
defendant. Once confirmed, the bond forfeiture investigator or
administrative assistant shall contact the Chief of the District
Court in which the criminal case is pending so the trial court may
dispose of their criminal case.
3.) The sickness of the principal or some uncontrollable circumstance

which prevented his appearance at court but the principal has appeared
before final judgment to answer the accusation against him.
Sickness or Uncontrollable Circumstance: The basis of the
uncontrollable circumstance or sickness must be accompanied by
verifiable documentary evidence of the reason for the principal’s failure
to appear or a note or other writing signed by the presiding judge of the
court where the forfeiture case is pending requesting that the forfeiture
be dismissed. DEPORTATION of the principal IS NOT an
uncontrollable circumstance warranting dismissal of the forfeiture.
4.) Failure to present an indictment or information at the first term of the

court which may be held after the principal has been admitted to bail, in
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case where the party was bound over before indictment or information,
and the prosecution has not been continued by order of the court.
Terms of Court in Harris County are located in the Texas Government
Code Section. Section 24.267 defines the term for the 174 th Judicial
District Court and although the remaining Judicial Districts are located
in later sections of the Code, they all share the same term of court. ―The
terms of the 174th District Court begin on the first Mondays in February,
May, August, and November.
5.) The incarceration of the principal in any jurisdiction in the United

States:
(A) In the th
case of a misdemeanor, at the time of or not later than
the 180 day after the date of the principal’s failure to appear in
court; or
(B) thIn the case of a felony, at the time of or not later than the
270 day after the date of the principal’s failure to appear in
court.
Subsequent Incarceration: If the principal is in the Harris County
jail, a JIMs computer check which shows the date of booking shall be
sufficient and the remittitur settled immediately. If the principal is
in custody in another jurisdiction, the surety shall provide a copy of
the verification of incarceration to be attached to the file. The
remittitur should not be approved until the defendant is returned to
custody in Harris County so that return costs may be computed and
finalized in the final judgment of forfeiture. The verification of
incarceration should be checked and the interns shall verify that a
Harris county detainer is in place and the defendant is still
incarcerated in the other jurisdiction. The file with the verification
attached should be given to the Bond Forfeiture Investigator to be
entered in the "Awaiting Return" file. The interns should make an
entry in the ―Nisi log indicating the cause no., the date the file was
placed in the AWR log, and their initials.
If the District Court Chief Prosecutor feels that any individual case deserves
special consideration with regard to acceleration of the entry of final judgment in
the forfeiture case, the Chief of the Bond Forfeiture Division shall be advised and
schedule the case for scire facias docket immediately in accordance with the
preferences of the District Court Chief.
Although bond forfeiture proceedings are adversarial in nature, it is the policy of this
office to assist the bondsman, within reason, in procuring evidence as to the
principal's whereabouts. While it is incumbent upon the bondsman to make a
good faith effort to provide sufficient proof of an exoneration or cause for
remittitur, when doing such places an unfair burden on the bondsman, the District
Attorney's Office will offer whatever assistance is reasonable. If the bondsman and
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prosecutor are unable to reach a settlement agreement due to a difference of
opinion over the probative weight of the evidence, or the interpretation of law, the
case should be docketed on the next regularly scheduled Scire Facias docket so that
it might be resolved by the court.
(l.) Bills of Review
Article 22.17 was added to the Code of Criminal Procedure in 1987 and provides for
a "special bill of review." It is the policy of this office to enter into Agreed Bills of
Review under Rule 329b (f) Rules of Civil Procedure to correct errors in the
judgment. As of June 29, 2009, Special Bills of Review that are filed will be
reviewed and settled under the following criteria:
1. Did the Surety participate in and/or was the surety responsible for the re-arrest of
the defendant, or did the surety expend substantial effort or expense in an attempt
to re-arrest the defendant?
2. What harm to the State’s criminal case and/or the public interest was caused by
the defendant’s failure to appear?
3. Did the Surety pay the final judgment in full without the State resorting to
collection procedures?
4. Did the Surety recover all of the assets and/or sue the indemnifier for the assets
pledged for the issuance of the bond?
Based on the criteria above, the Surety is entitled to the provisions of Art. 22.17
and remittitur as set forth below. The responses to items #1 and #2 will be the
main considerations in the determination of remittiturs.
1. 50% - 60% of the amount of the bond if the defendant is brought back to Harris
County custody within six months after the entry of the Final Judgment.
County custody within twelve months after the entry of the Final Judgment.
County custody within eighteen months after the entry of the Final Judgment.
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County custody within twenty-four months after the entry of the Final Judgment.
(m.) Return Costs
It is the policy of this office to seek return costs to be paid by the surety in any
case where the defendant has been returned to custody in Harris County from
another jurisdiction. The Sheriff’s office shall be contacted if JIMs indicates that an
out of county arrest was made, but JIMs fails to designate an amount for the return
costs expended on the defendant's return. Should the surety dispute the costs and
question whether the costs are "reasonable" the Sheriff’s department should be
contacted and their record custodian should be prepared to testify to the costs in
court.
(n.) Post-Dated Agreed Judgments
Where either a Harris County Bail Bondsman or Attorney acting as surety has
demonstrated by past performance that they will pay a judgment when due, in
accordance with previously made agreements, the bond forfeiture prosecutor is
authorized to enter into Agreed Judgments, to be entered in the court's minutes at a
future date. This procedure must have the written approval of the Chief of the Bond
Forfeiture division. Should such approval be granted, the maximum time period for
such postponement of a judgment's finality is ninety (90) days. Partial payments of
judgments are not allowed; agreements must encompass the entire amount of the
judgment and costs. No extension of time shall be granted by agreement thereafter.
(o.) Collections
Collections on all bond forfeiture judgments should begin as soon as the judgment
becomes final and is unpaid. All judgments in an amount over $20,000.00 shall be
abstracted in Harris County immediately. Judgments for out-of county sureties shall be
abstracted in the county in which the out-of county surety has real property or
assets. All collection procedures available under the Civil Rules for satisfaction of
judgment shall be employed by the assistants in the Bond Forfeiture Division. This
includes appearances in bankruptcy court, probate court and at all real property
trustee sales, or constable sales. In accordance with the Texas Constitution Article 3,
Section 55, No debt, liability or obligation to the State shall be released or
extinguished.
(p.) Bond Transfers on Re-Pleading
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When seeking a re-indictment, or refiling of an information (e.g. adding enhancement
paragraphs or correcting information in the original pleading), it is the policy of this
office to attempt to transfer the bond. Bonds CANNOT be transferred if the bond
amount on the pending case is lower than the bond amount that will be requested on the
filing of the new case.
Prior to an assistant actually taking the case into the grand jury for a possible re-
indictment, or prior to actually refiling a misdemeanor information, the Assistant shall:
(1.) Contact the defense attorney and request that he or she contact the surety
on the existing bond to sign a Motion to Transfer the Bond. The purpose of
this is to have the Motion to Transfer the bond ready to file as soon as the re-
indictment capias, or capias following the filing of a new information, is
issued in order to avoid a defendant being rearrested when he has already
posted a bond on the original pleading. (See Texas Code of Criminal
Procedure Art. 17.09).
(2.) ONLY after the Assistant, the defense attorney, the surety and the Judge
have signed the Motion to Transfer Bond, should the original indictment or
information be dismissed. (Once the bond is transferred to the re-indictment,
the bond ceases to bind the surety to the original case). Should the surety
refuse to agree to sign the Motion to Transfer the Bond, the defendant may
well have to make a new bond on the re-indictment or the refiling of a
misdemeanor information. If a surety refuses to transfer the bond and refuses
to surrender the old bond, the Assistant should consider leaving the original
indictment pending, and asking the Judge to grant the defendant a personal or
pre-trial release bond. THIS IS THE LEAST DESIRABLE
ALTERNATIVE! In this circumstance DO NOT dismiss the original case
until the State disposes of the re-plead information or indictment.
The Appearance Bond on the Criminal Case CANNOT bind the Defendant or
the Surety on the Appeal of the Criminal Case. A new appeal bond should
replace the original bond in an amount commensurate with the changed risk
factor of having a defendant who has now been adjudicated guilty of the
offense charged.
8.13. ASSET FORFEITURE DIVISION
The District Attorney, through the Asset Forfeiture Division, is responsible for the
prosecution of all seizures of contraband pursuant to Chapter 59 of the Texas Code of
Criminal Procedure. This responsibility includes the maintenance and disposition of the
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assets seized and forfeited. Forfeiture of contraband under Chapter 59 is a civil process
brought against the property seized and is separate and distinct from the filing and
disposition of criminal charges, if any. The disposition of property seized as contraband
under Chapter 59 is the responsibility of the Asset Forfeiture Division. The outcome of
an individual’s criminal charges shall never be made contingent upon the disposition of
assets in the civil forfeiture case. All inquiries concerning the seizure and forfeiture of
contraband shall be directed to the Asset Forfeiture Division.
The Asset Forfeiture Division is responsible for the prosecution of all forfeiture cases
related to gambling under Section 18.18 of the Texas Code of Criminal Procedure. The
Division also assists prosecutors of the specialized divisions and the trial bureau in the
disposition of stolen or fraudulently obtained property under Chapter 47 of the Texas
Code of Criminal Procedure.
JOB DESCRIPTIONS
(a) Division Chief
The Division Chief directs the operations of the Asset Forfeiture Division. The Division
Chief reports to the General Counsel and is responsible for keeping the General Counsel
informed as to the status of the prosecution of cases within the division. It is the duty of
the Division Chief to supervise the personnel in the division, direct investigations,
approve all filings and dispositions of cases, make case assignments and supervise the
management and the prosecution of all cases within the division. The Division Chief
shall cooperate with the Bureau, Division and Section Chiefs of the Special
Prosecutions Bureau to establish policies concerning the seizure and forfeiture of assets
by personnel assigned to that bureau. The Division Chief of Asset Forfeiture is the
liaison with the depository bank and is responsible for managing the distribution of
assets through the depository bank to the appropriate recipients including, but not
limited to, law enforcement agencies. The Division Chief shall maintain communication
with the appropriate command staff of law enforcement agencies in order to ensure
compliance with the requirements of Chapter 59 regarding the lawful seizure,
maintenance, and disposition of seized and forfeited assets. The Division Chief shall
supervise the twice yearly auction of forfeited property.
The Assistant District Attorneys assigned to this Division handle the investigation and
prosecution of any matter assigned to them by the Division Chief. All prosecutors in
the division are on call and available 24 hours a day, seven days a week to advise and
assist local, state and federal law enforcement officers regarding investigations and
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seizures of contraband. Assistants shall be available to assist officers in the drafting and
issuance of search and seizure warrants and subpoenas as warranted. Assistants shall be
available to handle intake calls and walk-ins involving law enforcement personnel.
Assistants are required to prepare and present motions and orders concerning the
disposition of seized assets in both the civil and criminal courts. Assistants shall handle
all matters related to their assigned cases including all contested matters. Assistants will
also handle all contested matters for the cases assigned to the paralegals and interns.
These matters include, but are not limited to all aspects of the discovery process,
summary judgments and other dispositive motions, hearings and trials. In addition,
Assistants shall supervise the paralegals and interns who are assigned to report directly
to them. This responsibility includes the review of all documents prepared by the
paralegal or intern and the monitoring of all cases assigned to the paralegal or intern.
Assistants assigned to the division are required to coordinate with many law
enforcement and governmental agencies in furtherance of the appropriate disposition of
forfeiture cases. These agencies and their personnel shall be treated with proper courtesy
and respect. Assistants assigned to the Asset Forfeiture Division shall thoroughly
investigate their cases in order to make appropriate decisions concerning the disposition
of the cases.
(c) Investigators (including Lieutenant Investigators)
Investigators assigned to the Asset Forfeiture Division shall report to the Division Chief.
They shall be responsible for the investigation of all cases assigned to the division.
Specifically, they are responsible for assisting local, state and federal law enforcement
officers in the investigation of financial crimes and the seizure of assets related to those
investigations. They shall coordinate the service of citation on all respondents through
local, state, out of state, federal and international agencies. They are responsible for
serving subpoenas, interviewing witnesses and the general investigative functions of the
division. In addition, the Lieutenant investigator and other investigators assigned to the
division are responsible for the storage and maintenance of all seized property. The
Lieutenant investigator manages the storage and maintenance of seized property through
coordination with approved county vendors and in cooperation with other law
enforcement agencies. The Lieutenant investigator is responsible for scheduling and
organizing the auctions conducted by the Division twice a year. The Lieutenant
investigator and other investigators at the Lieutenant’s direction are responsible for the
transportation of money, property and other assets to secure locations for storage,
distribution, and/ or deposit. The Lieutenant investigator is also responsible for making
regular deposits of money at the request of the Human Resource and Budget Division of
the Harris County District Attorney’s Office.
(d) Administrative Assistant

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The Administrative Assistant shall report directly to the Division Chief. The
Administrative Assistant is responsible for answering all calls to the division. He will
answer inquiries from law enforcement officers, attorneys and respondents concerning
the status of forfeiture cases. He shall manage the Asset Forfeiture database by entering
all cases referred to the division and maintaining the current status of each case. The
Administrative Assistant is responsible for utilizing the database to produce the monthly
and annual reports, the financial reports to the auditor’s office, and the yearly federal
and state audits. He is responsible for assisting law enforcement officers in the filing of
new forfeiture requests. The Administrative Assistant will review all of the seizure
packets presented by law enforcement officers and will assist them in the proper
completion of those seizure affidavits and related reports. The Administrative Assistant
is responsible for assisting in the organization and production of the semi-annual
auctions of forfeited property.
(e) Paralegals
Paralegals assigned to the Asset Forfeiture Division report directly to their assigned
assistant district attorney and to the Division Chief. The paralegal is responsible for
maintaining their case load of forfeiture cases. They shall handle all aspects of their
assigned cases including the production of all motions, orders, discovery and other
documents necessary for the prosecution of the case. Paralegals shall do legal research
when requested and they will assist their assigned attorneys with all aspects of trial
preparation. Paralegals shall keep their assigned attorney fully informed as to the status
of their pending cases. Paralegals shall assist law enforcement officers who contact the
division by phone or walk-in to file seizure cases. Paralegals assigned to the division are
required to coordinate with many law enforcement and governmental agencies in
furtherance of the appropriate disposition of forfeiture cases. These agencies and their
personnel shall be treated with proper courtesy and respect. Paralegals shall thoroughly
investigate matters related to the cases assigned to them. In addition to their
responsibilities related to their assigned cases, the paralegal shall be responsible for
other duties assigned to them by the Division Chief or the assistant district attorneys.
These duties include, but are not limited to filing petitions, motions, judgments and
orders with the District Clerk’s office, producing correspondence with the bank in order
to facilitate the distribution of assets and maintaining the master docket for the entire
division. They will assist the administrative assistant with answering phones, filing,
copying or any other task necessary to the daily operation of the division.
(f) Interns
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Interns assigned to the Asset Forfeiture Division shall report directly to their assigned
assistant district attorney and the Division Chief. The intern is responsible for
maintaining their assigned case load of forfeiture matters. They shall handle all aspects
of their assigned cases including the production of all motions, orders, discovery and
other documents necessary for the prosecution of the forfeiture case. Interns shall do
legal research when requested and they will keep their assigned attorney fully informed
as to the status of their pending cases. They shall assist the assistant district attorneys
with all aspects of trial preparation. Interns shall thoroughly investigate matters related
to the cases assigned to them. The interns shall assist the administrative assistant,
paralegals, attorneys or investigators with answering phones, filing, copying or any
other task necessary to the daily operation of the division.
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CHAPTER 9 INVESTIGATORS DIVISION
SECTION 9.1 INVESTIGATIVE OPERATIONS

The Investigation Division of the District Attorney’s Office consists of peace
officers as defined in Article 2.12 of the Texas Code of Criminal Procedure who are
necessary to carry out the successful prosecution of criminal cases that occur in Harris
County.
Specific job descriptions for investigators assigned to the various bureaus are
included in the chapters of the Operations Manual pertaining to each bureau.
The primary function of an investigator for the District Attorney’s Office is to

perform activities necessary to allow the attorneys to properly represent the State in
court. Those duties run the entire gamut from original investigations, execution of
arrest and search warrants, surveillance, undercover activities, assistance to other
agencies, trial preparation, witness locating, general case preparation for court, and
digital forensic investigations to the security of the office and/or witnesses or personnel.
In accomplishing the myriad of tasks, the investigator should solicit advice, legal
opinions, etc., from attorneys on staff which they should follow unless that advice is
overruled by a more senior attorney. The investigator may also solicit advice or obtain
assistance from senior investigators and supervisory investigators concerning law
enforcement tactics and methods.
The division is the basic functional unit within the district attorney’s office and as
such will be the model for the investigative services organizational structure.
Each member of the District Attorney’s investigative staff has a supervising

attorney who is responsible for:
1. Making assignments to the investigator;
2. Evaluating the investigator on a semi-annual basis; and,
3. Reviewing and approving all vacation and compensatory leave requests

submitted through the supervising investigator.
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Because of the need to provide adequate assistance to the legal staff during times
of vacation, illness, or use of available compensatory time and to provide some level of
office wide coordination, there is a chain of command and responsibility within the
ranks of the investigative staff.
The chain will rely on the existing rank structure with investigators of the rank of
Lieutenant Investigator or higher serving as supervisors.
1. All investigators will report to the attorney within their immediate chain of
command, and will in addition report to the ranking lieutenant or captain within
their division.
2. The ranking investigator, whether they hold the rank of lieutenant or higher, will
be responsible for the duties of supervisor of the division investigative staff.
3. If the ranking investigator is the sole assigned investigator within the division
he/she will have no supervisory responsibilities.
The ranking bureau investigator will assume supervisory responsibility for the
division supervisors and the bureau supervisors will report to the Assistant Chief
Investigator or Chief Investigator who is next in direct line of authority within the
district attorney’s organizational flow chart.
All investigative personnel below the Chief Investigator will continue to perform
the duties of their present assignment in addition to whatever supervisory function they
are assigned.
The division or unit investigative supervisor shall:
1. Approve time sheets;
2. Schedule vacations and otherwise coordinate absences;
3. Keep control over the accumulation of compensatory time;
4. Assign personnel to fulfill the duties of absent personnel;
5. Obtain and assign whatever assistance may be needed by persons under

his/her supervision;
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6. Provide necessary advice and instruction on law enforcement tactics and
methods; and,
7. Prepare his/her portion of investigator evaluations.
In accomplishing the above listed tasks, the supervisor shall do so with due
consideration of the following obligations:
1. The attorney to whom an investigator is assigned shall email or initial in writing

indicating whether or not he/she agrees that any scheduled time off (vacation,
compensatory time, etc.) will not unduly impact the operation of the court,
section, division, unit, etc.
2. The supervisor will coordinate the time an investigator will be absent so as not to
unduly impact the availability of investigative assistance within the division.
3. The supervisor shall work with the court and division chief to control
compensatory time accumulation, and minimize the impact of that time. This
may entail assignment of tasks to other personnel within the division to better
balance the accumulation.
4. The supervisor will coordinate with the court or division chief so that assignment
of tasks to a particular investigator will not negatively impact the operation of the
court, section, division, or unit, however the division chief shall insure that such
coordination does not permit the shielding of personnel from less desirable tasks.
5. If assistance from outside the division is necessary, the supervisor shall arrange
for such assistance through another division investigator supervisor, division
chief, bureau investigator supervisor, or bureau chief.
a. This provision shall not be understood to prohibit investigators from

voluntarily assisting each other in a manner that does not interfere with the
performance of their own duties.
6. As a general rule, no investigator shall be assigned outside his/her daily

assignment without approval of the affected court, division, unit, bureau, or Chief
Investigator.
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a. There may be emergency situations and events where the District Attorney,
First Assistant, or Chief Investigator must assign a substantial number of
investigators to react to an event or deal with a particular circumstance.
b. The investigators receiving such assignments shall make the chief

investigator or the person issuing the assignment aware of any substantial
negative impact such assignment would have on the operation of his court,
section, unit, or division so that other persons may be assigned, if possible.
7. The supervisor shall provide whatever guidance is necessary to ensure that all
tasks are performed in a manner that comports with the law and with safe and
effective procedures.
8. Division supervisors shall be supervised in a similar manner by the bureau

supervisors and so on until the entire investigative staff has a supervisor available.
9. No matter how well designed, no supervisory structure, particularly one with dual
chains of command will work without communication and an ultimate authority
on each level. The ultimate authority on the division level shall be the division
chief, then the bureau chief, the first assistant, and obviously the district attorney
is the final authority.
SECTION 9.3. EVALUATIONS OF INVESTIGATORS
Each investigator shall be evaluated by:
1. the attorney to whom the investigator is assigned, relative to performance

of those tasks necessary to ensure the proper functioning of the court,
section, unit, or division.; and
2. the investigative supervisor, for the performance of those tasks assigned by

such supervisor.
3. The supervising attorney and the supervising investigator shall review the
other’s evaluation and initial in an appropriate place indicating that they
read and discussed their evaluations with each other.

The investigator may receive investigative assignments from the supervising
attorney’s Division Chief, the supervising attorney’s Bureau Chief, the First Assistant,
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the District Attorney, or the Chief Investigator. After receipt of the investigative
assignment, the investigator shall notify his or her supervising attorney of the
assignment.
If the investigator needs assistance on an investigative assignment, the

investigator may ask his supervising investigator to assign additional investigative
assistance from within the Division. If the investigators within the Division need
assistance on an investigative assignment, the Division Chief may ask his or her Bureau
Chief to assign additional investigative assistance from within the Bureau. If the
investigators within the Bureau cannot complete such an investigative assignment, the
Bureau Chief may ask the First Assistant or the District Attorney to assign additional
investigative assistance from another Bureau.

The Investigative staff includes a Chief Investigator and a number of other
investigators who are currently assigned pay grades within a structure consisting of
assistant chief investigators, captains, lieutenants, senior investigators and investigators.
The Chief Investigator and Assistant Chief Investigator report directly to the District
Attorney and First Assistant. All other investigators are assigned to report to attorneys
within the various bureaus, and will in addition report to the ranking lieutenant or
captain within their division.
A. The Chief Investigator

The District Attorney and First Assistant are the supervising attorneys for the Chief
Investigator.
The Chief Investigator shall be responsible for the following duties:
1. Complete assignments from the District Attorney and the First Assistant.
2. Properly equip and maintain the equipment for the investigative staff.
3. Review law enforcement operational plans before submission to a Division

Chief.
4. Coordinate the assignment of County Vehicles and parking locations for

County Vehicles assigned to the department.
5. Maintain District Attorney vehicle records.
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6. Maintain security within the District Attorney’s Office. The Chief Investigator
shall report any serious security violations to the District Attorney.
7. Serve as the designee for the District Attorney in regards to making

application for certification of peace officers with the Texas Commission on
Law Enforcement Officer Standards and Education (TCLEOSE).
8. Schedule and coordinate all investigative training. All TCLEOSE records,

including firearms, are the responsibility of the Chief Investigator.
B. The Assistant Chief of Investigators

The Assistant Chief Investigator works directly under the supervision of the
District Attorney, First Assistant District Attorney and the Chief Investigator.
In the absence of the Chief Investigator, he will assume the duties of the Chief
Investigator.
C. Captain and Lieutenant Investigators Assigned to the Trial Bureau
1. Each Captain Investigator is supervised by a Bureau or Division Chief, and the

Assistant Chief Investigator. Each Captain will supervise Lieutenant
Investigators in his/her Bureau or Division.
2. Captain and Lieutenant Investigators in the Trial Bureau shall provide

assistance within their Bureau or Division, when directed by their supervising
attorneys.
3. Lieutenant Investigators are supervised by a Division Chief unless specially

assigned to a District Court Chief, and a Captain Investigator. Lieutenants
will act as the first line supervisors assisting and instructing Investigators in
their Division.
4. It is the responsibility of the Captains and Lieutenants to insure that the

assigned law enforcement equipment is properly maintained and accounted for
within their division and the Investigators in their Divisions have the resources
necessary to accomplish their mission.
D. Captain and Lieutenant Investigators Assigned to Other Bureaus
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1. The Bureau Chief is the supervising attorney for the Captain. The Division
Chiefs are the supervising attorneys for the Lieutenant Investigators assigned
to the Specialized Bureaus.
2. Captain and Lieutenant Investigators in the Bureau shall provide assistance

within their Bureaus or Divisions when directed by their supervising attorneys.
3. Captain Investigators will supervise Lieutenant Investigators under their scope

of authority as assigned by the Chief Investigator.
4. Captains and Lieutenants will direct the law enforcement operations and will
be the on-scene supervisors when executing search and arrest warrants.
SECTION 9.6 COMMUNICATIONS UNIT

The Communications Unit is primarily responsible for the operation of the
District Attorney’s radio system. The personnel in this section report to the Intake
Division Chief.

(a) Dispatcher I
This person is responsible for answering all radio traffic from investigators
and assistant district attorneys assigned to the office; running TCIC/NCIC
criminal histories and identifying wanted persons on all felony and
misdemeanor cases. This person also assists other agencies in filing of charges
on the DIMS system. The Dispatcher I is directly supervised by the Intake
Division Chief.
(b) Dispatcher II
This person has the same duties and supervision as the Dispatcher I.
(c) Investigator Intake

While working at Intake, the investigator reports directly to the Intake
Division Chief, or in his or her absence, the Chief Prosecutor on duty at the
facility.
The Intake Division Chief shall dictate the day-to-day responsibilities of

the investigators working at Intake and has exclusive authority to make
specific assignments to the investigators. The Chief Prosecutor on duty is
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responsible for ensuring that those responsibilities and assignments are being
carried out.
The investigator working at Intake shall inform the Intake Division

Chief of any unusual occurrences during his tour of duty. This report shall be
in writing, and prepared before leaving the facility. If the occurrence is
extraordinarily unusual and, in the judgment of the investigator and the Chief
Prosecutor on duty, necessitates immediate notice to the Intake Division
Chief, the investigator shall immediately call the Intake Division Chief or the
Public Service and Infrastructure Bureau Chief.
The investigator working at Intake shall field calls from police agencies
regarding suspects killed or injured, deaths in custody, or officers or fire
fighters killed or injured in the line of duty.
1. The investigators will immediately notify the on-call attorney and

investigator, the Chief Investigator, and the First Assistant.
2. They will also complete a written form and forward it via Inter-
Office mail to the Division having jurisdiction over the particular
event.
3. The investigators will also handle calls from police agencies

reporting motor vehicle fatalities and notify the Vehicular Crimes
on-call personnel.
The Intake Division Chief shall perform intake sign-up for the
investigative staff. The Intake Division Chief shall maintain all records
concerning such activity.
SECTION 9.8 PROTOCOL FOR LAW ENFORCEMENT OPERATIONS

The highest priority in the execution of law enforcement activities is the safety of
the persons present at the scene and the public generally. The planning of a law
enforcement operation (e.g., a proactive activity only performed by peace officers)
should be a cooperative endeavor between the investigative staff and the prosecutorial
staff, drawing upon the unique skills and experiences of each with the common goal of
executing a safe and productive operation.
All law enforcement operations shall be executed pursuant to a written

operational plan prepared by an investigator and reviewed by the Division Chief,
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Bureau Chief, Captain Investigator, Chief Investigator and First Assistant.
Disagreements about the plan will be resolved by appeal through the Investigator’s
chain of command and the First Assistant. Once approved, the scene investigators will
execute the plan. Following conclusion of the operation, the lead investigator will
prepare an after-action report addressing the objects and outcomes of the operation. The
report will be forwarded to all supervisors involved in the execution of the operation,
including the First Assistant.
Exceptions:
1. No operational plan is necessary if exigent circumstances require a response

before a written plan can be formulated and approved. As soon as possible after
the operation is concluded, the ranking investigator involved in the operation
shall prepare a written report detailing both the operational plan and the exigent
circumstances that prevented prior review and approval.
2. Additionally, a law enforcement operation that involves only service of an arrest

warrant or search warrant does not require a written plan. However, an
investigator serving an arrest or search warrant must first inform and have
approval of the Chief Investigator, or in his absence, the Assistant Chief
Investigator, and the First Assistant. The investigator should inform the Chief, or
Assistant Chief, of any unusual circumstances that may create a particular hazard
in serving the warrant. Prosecutors are not authorized to participate in an
operation to serve an arrest or search warrant unless expressly authorized
by the District Attorney or First Assistant.
In furtherance of this policy, the following rules apply to the execution of law
enforcement operations at an unsecured location (i.e., a location which has not been
cleared as safe for civilians by the investigators at the scene):
1. The ranking investigator at an unsecured scene has final decision-making

authority on the tactics related to the operation.
2. In order to promote safety:
a. No staff members other than investigators may participate in the

securing of the scene.
b. No staff members other than investigators may enter the perimeter of

the operation until the senior investigator at the scene certifies that the
scene is secure.
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c. Other than investigators, no staff members–including persons licensed
to carry concealed weapons–may carry a weapon at the scene of a law
enforcement operation without prior approval of the District Attorney or
First Assistant.
3. After the scene is secured, prosecutors with legitimate business and who
have approval from the Bureau Chief of the Bureau responsible for the
operation, may enter the scene. Although a prosecutor may assist and
advise the scene investigators in identifying avenues for further
investigation, under no circumstances shall a prosecutor personally gather
evidence from the scene. The Bureau Chief shall inform the First Assistant
of the activities of the prosecutor(s) participating.
4. Assistant District Attorneys that are licensed peace officers may not
participate in the actual tactical operation.
5. Any injury on duty, fleet accident, and any use of force will be
immediately reported to the Investigator’s immediate Investigator
Supervisor and he/she will in turn notify the Chief Investigator or the
Assistant Chief Investigator.
6. The District Attorney or First Assistant may approve specific variances

from this policy for prosecutors upon a showing of good cause.
7. The processing of a police shooting scene by the Police Integrity Division

is a recognized exception to this general operational policy.
SECTION 9.9. DIGITAL FORENSIC INVESTIGATIONS UNIT
A. Digital Forensics Investigations Unit – Generally

The Digital Forensics Investigations Unit (DFI) is an investigative unit comprised
of Digital Forensic Investigators under the supervision of the Major Offender Division
Chief and the Chief Investigator.
The DFI Unit assists prosecutors and investigators with the evaluation of
litigation issues and the review of other experts’ reports and provides input in the
drafting of search warrants, subpoenas, and investigative information.
The DFI’s Digital Forensic Investigators also assist in the execution of search
warrants and the proper seizure and storage of all evidentiary items seized during the
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execution of these warrants. The DFI is also available to help crime scene investigators
search for, recover, seize and preserve data from crime scenes and systems.
B. Qualifications and Promotions

Every Digital Forensic Investigator assigned to the DFI shall be TCLEOSE
certified as a Master Peace Officer, and trained in all formats of digital forensic analysis
that are acceptable within the professional law enforcement community.
Each Digital Forensic Investigator will commit to attending all schools necessary
to establish the expertise required to be an ―expert‖ witness in state and federal court in
the area of digital forensics. Each Digital Forensic Investigator is responsible for
attending any additional training necessitated by the development of new software and
methods at the expense of the District Attorney’s Office.
Each Digital Forensics Investigator shall also adhere to the training requirements
set forth by the Texas Commission on Law Enforcement Standards of Education
(TCLEOSE).
Although the Digital Forensic Investigators assigned to the DFI are part of the
District Attorney’s investigative staff subject to all Operations Manual provisions
applicable to the investigative staff, the DFI personnel have a separate track from the
general investigative staff for hiring and promotions. Hiring and promotion decisions in
the DFI are primarily predicated on the applicant’s expertise or their interest and
aptitude in digital forensic analysis.
C. Digital Forensics Captain Investigator

Under the supervision of the Chief Investigator, the Assistant Chief
Investigator, and the Major Offenders Division Chief, the Digital Forensics
Captain Investigator is the primary day-to-day supervisor of the DFI. In that
capacity, the Digital Forensics Captain Investigator shall assign investigations
and ensure that all investigations are completed properly and that he and the
other Digital Forensic Investigators follow all applicable operational
guidelines. The Captain Investigator, in addition to supervising the DFI Unit,
will perform duties assigned to all DFI Investigators.
D. Digital Forensics Lieutenant Investigators
Under the supervision of the DFI Captain, DFI Lieutenants are the journeymen
level forensic investigators, handling the day to day investigations assigned to them by
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the Captain Investigator. Due to the specialized expertise and extensive training
required of Digital Forensic Examinations, investigators of DFI hold the rank of
Lieutenant and generally are not supervisors except during the absence of the Captain
Investigator when one will be designated the acting supervisor.
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Chapter 10: THE PROSECUTOR, THE DECISION MAKING
PROCESS AND SUPERVISORY CONTROLS
This is a statement of policy concerning the delegation of the District Attorney’s
authority to the various departments, supervisors, and individual prosecutors, with
regard to all aspects of criminal cases from initiation of an investigation or prosecution
to the termination of a prosecution.
SECTION 10.1. WHAT WE ARE ATTEMPTING TO ACCOMPLISH – AN

INTRODUCTORY MESSAGE FROM THE DISTRICT ATTORNEY
Historically, the prosecuting attorney has been vested with broad discretionary
powers that are essential to the orderly and effective administration of justice. These
powers include decisions regarding the initiation and termination of prosecutions, and
recommendations to the court concerning sentencing or the reduction of charges. These
are some of the most basic and fundamental decisions made within the criminal justice
system.
Under Texas law, these broad discretionary powers are vested in the elected
prosecuting attorney. In Harris County, by statute, this means the District Attorney. By
law, every act performed by an assistant district attorney is done in the name of and by
authority of the District Attorney.
Obviously, the district attorney cannot and should not make each and every
decision. In a jurisdiction of over 3.9 million persons (2008 estimate, Bureau of the
Census), with an annual caseload of over 120,000 serious crimes, assistant district
attorneys must make the vast majority of decisions.
Thus the district attorney has the responsibility to set up general guidelines,
policies and supervisory controls to insure that the following goals will be achieved in
the area of prosecutorial decision-making:
1. To effectively enforce the laws of this State.
2. To insure equal treatment of all persons accused of crimes, according to the

law and the facts.
3. To most effectively utilize the staff and resources of the office, the courts
and other agencies of the criminal justice system.
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4. To institute practical and understandable guidelines which are devoid of
unnecessary procedures and which will insure proper latitude to permit the
individual prosecutor to handle his or her assignments in a professional
manner.
Therefore, the following guidelines are hereby published as the policy of this
office. Each assistant district attorney should be familiar with these policies, as well as
the remainder of the Operations Manual. This publication attempts to cover all
discretionary powers of the prosecutor in one chapter. Also, as laws, conditions, and the
staff change, these policies are similarly subject to change. Such policy changes may be
incorporated into this manual, and pending such incorporation, memoranda to the staff
may be issued which shall modify this document as if specifically set out herein.
These policies reflect decisions of the District Attorney made after consideration
of many factors, ideas and suggestions. Obviously, revisions will be in order from time
to time, and suggestions from the staff are welcome.
Any assistant district attorney who has doubts concerning an exercise of the
assistant’s discretion should consult with the assistant’s supervisor or the First Assistant
before taking action.
SECTION 10.2. INITIATION OF PROSECUTION
(a) General guidelines
One of the most important decisions made in the District Attorney’s Office is
whether or not to institute criminal charges. Under Texas law, only the prosecutor, a
magistrate, or the grand jury can initiate a criminal charge. Since the prosecutor is
charged with the responsibility of representing the State and since she has sole power to
dismiss a case, the decision to proceed with prosecution is primarily hers. As a practical
matter, the prosecutor must be armed with the facts, including reports from the
investigating law enforcement agency and other essential background information,
before the prosecutor can effectively proceed.
The investigation of possible criminal activity is primarily a police function. The

acceptance of the criminal charge is primarily a prosecutorial function. There are several
methods by which potential charges may be brought to our attention:
1. Through the Intake Division, following investigation by a law enforcement

agency.
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2. Through citizens’ complaints coming directly to our office.
3. Through charges filed by a specialized division of our office (e.g., check

fraud, family criminal law, special prosecutions, governmental integrity,
etc.), including situations in which an information or felony complaint is
filed directly at Intake, and those in which a matter is presented to a grand
jury for indictment.
General guidelines for the acceptance of a criminal charge should include the
following considerations:
1. The mandatory considerations are: (a) Has the law been violated? and (b) Is
there probable cause to believe the accused is guilty of that violation? No
charge should be accepted unless both questions are answered in the
affirmative.
It shall be the policy of this office to accept the filing of a criminal

complaint where a peace officer has made an arrest under circumstances in
which he has probable cause to believe that an assaultive offense involving
―family violence‖ has been committed, regardless of the willingness of the
victim to participate in prosecution efforts.
In those instances where the evidence is appropriate for the filing of a

charge, the officer has made an arrest and charges are filed over the
objections of the victim, a notation of such circumstance should be placed
on the file and the file referred to the Family Criminal Law Division for
review and decision on continuation of prosecution.
2. Motives of the complainant. A complainant may be improperly motivated,

yet charges may still be appropriate. The victim who has his gun collection
stolen may be more interested in the return of the property than
prosecution; yet, if the facts warrant, the charge should be accepted. If one
business partner is trying to file on another for misuse of funds, and there is
only borderline criminal conduct, less than probable cause to show conduct
a crime, the dispute should be resolved in the civil courts without use of the
criminal processes.
Four considerations require close scrutiny here:
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(a) Has there been a long-standing friendship or association between
complainant and accused, such as a family, neighbor, or business
relationship? If so, might there be a strong motivation of malice or
desire to collect damages?
(b) Will the complainant wish to drop the charge upon restitution after
charges are filed?
(c) Is there good reason to believe a complainant is stretching the facts

so he can file a criminal charge?
(d) Has a civil suit been filed?
3. Will the benefit to the public of prosecution be outweighed by the costs and
the use of the resources of the courts, the District Attorney's Office, and
other law enforcement agencies?
4. Will filing a charge serve a useful purpose? Here we must consider

situations such as a defendant who has already been convicted or will in all
likelihood be convicted in other cases in our jurisdiction or another
jurisdiction.
5. Will accepting a lesser charge (such as a misdemeanor arising out of the

same transaction) serve any purpose when a felony charge is being
accepted at the same time, in the light of potential constitutional speedy
trial, jeopardy, or other problems? The general office policy is that we do
not file a misdemeanor charge out of the same transaction where a felony
charge has been filed. The exception lies with misdemeanors that become
enhanceable with the repeated commission of the same offense.
6. The cooperation rendered to law enforcement authorities by the accused in

the apprehension or conviction of others. When the accused’s cooperation
is essential and the other co-defendants are more reprehensible or
responsible, the decision of whether or not to prosecute should be given
serious consideration, particularly when the accused has played a relatively
minor role in the offense.
7. Borderline cases, where the evidence is barely sufficient, and those

instances involving swearing matches without outside corroboration
require very careful screening.
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A "yes" or "no" decision does not have to be made on the spot in every case. If
the matter is of sufficient severity to warrant further investigation, the decision to charge
may be deferred pending further investigation. In these instances, the appropriate
division chief or the chief of Intake may be consulted.
In felony cases, the prosecutor can go directly to the grand jury where the
complaining party and other witnesses are directed to appear—even including the
potential defendant (assuming he consents).
In misdemeanor cases, witnesses can be asked to come to the Misdemeanor

Division to give statements to resolve any substantial questions, provided the matter is
of a sufficiently serious nature to warrant further consideration. In a proper case, such
an investigation may also be taken directly to a grand jury.
We must always keep in mind that the fundamental purposes of the criminal
justice system are:
1. To deter crime and protect society;
2. To determine who is guilty and to punish the offender;
3. To rehabilitate the offender; and
4. To protect the innocent.
The filing of a criminal charge can have a severe impact upon a person's life.
Make sure the facts and circumstances warrant such action. Remember, our basic duty is
to see that justice is done. Bad cases in the system cause undue delay and the misuse of
prosecution efforts.
(b) Acceptance of charges by the Intake Division
The Intake Division provides countywide services and exists to facilitate the
filing of charges processed through regular law enforcement agencies.
A district court chief or equivalent prosecutor will be designated Chief of Intake

for a 24-hour period from 5:00 PM to 5:00 PM the following day, and will be available
to make any required decisions during that period. Further, prosecutors from the office
as a whole will staff the Intake Division during regular office hours. At other times, a
rotating system of prosecutors will staff Intake. In the absence of the Chief of Intake, or
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the probable cause chief, the senior prosecutor shall be in charge throughout that
prosecutor’s shift.
Acceptance of charges shall occur under the following general guidelines:
1. Felony charges will only be approved by a prosecutor with felony

experience.
2. All homicide charges shall be approved, declined or referred to the Grand

Jury by the Chief of Intake. If the designated chief cannot be contacted, a
prosecutor of equivalent status may give approval.
3. Class A and Class B misdemeanor charges may ordinarily be approved by

any assistant district attorney. Since these are filed directly into a court,
special care must be taken to insure that the appropriate charge is filed and
that the drafting of the pleadings is correct, including the correct
enhancement paragraphs, if appropriate. It causes a hardship on the
defendant and the system to refile a faulty information after the accused has
been admitted to bail.
5. Class C misdemeanor charges to be filed in the justice courts will not be

screened, unless:
(a) A particular magistrate has requested that Intake prosecutors screen

particular Class C offenses in his jurisdiction, or has requested that a
specific transaction be screened, or
(b) It is the appropriate charge to file after the investigation of a greater

offense.
6. Specialized complaints constitute exceptions to these general guidelines,

and are discussed in detail in subsection (d) below.
(c) Acceptance of charges by the Community Services Section

The prosecutor on duty at the Community Services Section is responsible for
screening each complaint to determine whether or not there is any basis for a criminal
charge.
1. If there is no basis for a criminal charge, the prosecutor will inform the
complainant politely, but firmly, and try to explain the reasons for that
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conclusion. The prosecutor may refer the complainant to some agency,
which may be of some assistance, but the prosecutor shall not refer a
complainant to any agency merely to avoid reaching the issue of whether or
not there are circumstances justifying the filing of a criminal charge.
2. Assuming the facts and circumstances related by the complainant are true,
and a criminal offense may be proven if such facts are shown to be true, the
prosecutor should refer the complainant to the appropriate police agency
for an investigation and report. A police investigation shall be conducted in
any case where the prosecution is contemplating charges.
3. If all the essential elements of a rental theft (vehicle, furniture, etc.) can be
established by the complainant, no additional witnesses are known, and it
appears that nothing can be gained by a police investigation, then the
screening prosecutor may gather the essential information as to the
circumstances surrounding the offense. This would obviously include
names, addresses, telephone numbers, employment addresses and
telephone numbers, witnesses, significant dates, value and description of
the property, etc. If the case is referred directly to a grand jury, the
prosecutor at Intake who referred the case shall present the matter. If the
prosecutor decides to file the case, the complainant will normally be the
required affiant.
The Community Service prosecutor will assist with police desk duties, including
advice to officers, preparation of warrants and filings.
(d) Complaints of a specialized nature

The office of the District Attorney has specialized divisions and sections that are
charged with prosecution of particular types of offenses. Intake prosecutors, Community
Services Section prosecutors, and any other assistant district attorneys consulted with
regard to the possibility of the filing of a charge will refer the complaining party to a
specialized division or supervisor as follows, after coordination with the specialized
division:
1. Bail bond complaints – complaints of illegal practices by a bail bondsman

will be referred to the Bond Forfeiture Division.
2. Frauds requiring investigation – complex thefts involving voluminous

documents will be referred to the White Collar Crime Section of the
Financial Crimes Division. Just because a complaint involves white-collar
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crime does not mean that the complaint will automatically be referred. The
proper test is whether or not additional investigation is needed prior to
making the charging decision. If so, there should be a referral. If no
additional investigation is necessary, do not refer. This is particularly true
if another law enforcement agency has completed an investigation and
recommends filing of a charge, and the evidence has been obtained and is
sufficient. Before filing, make sure the investigation is complete, the
information is readily understandable and the evidence is organized. When
in doubt about a case or investigation, call the White Collar Crime Section.
3. Consumer fraud – complaints involving allegations of illegal activities

committed against a consumer should generally be referred to the
Consumer Protection Section. This includes complaints falling within the
parameters of the Deceptive Trade Practices Act and the endless chain
scheme statutes (see sections 32.42 of the Penal Code and 17.461 of the
Business and Commerce Code). However, where there is a clear-cut
violation brought to the Intake Division after regular hours, the Chief of
Intake may authorize a charge if he believes an emergency exists, or there
is a need to stop an existing illicit business activity, or the investigation has
previously been done by a police agency, the case is otherwise sufficiently
investigated and the evidence is obtained. The Trial Bureau prosecutor is to
notify the Consumer Protection Section of any case filed with a consumer
fraud issue.
4. State licensees involved in professional misconduct – misdemeanor

complaints against professional persons involving their professional
function, other than attorneys and peace officers, will be referred to the
chief of the Misdemeanor Division. Felony complaints against professional
persons involving their professional function will be referred to the White
Collar Crime Section. Complaints against attorneys will also be referred to
the White Collar Crime Section, and complaints against peace officers will
be referred to the Governmental Integrity Bureau. The district attorney and
First Assistant will be notified of the filing by interoffice memorandum or
e-mail.
5. Election violations – complaints involving elections and voter frauds shall

be referred to the Public Integrity Division under all circumstances.
6. Homicides.
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(a) Murder – notify the Chief of Intake, who will make the decision
(when the police agency’s investigation is complete) to accept the
charge or refer it to a grand jury without filing, except in the
following circumstances:
(1) A CODIS hit homicide, an organized crime killing, serial

murders, solicitation of capital murder, or conspiracy to
commit murder will be referred to the Major Offender
Division for a filing decision. In an after-hours or weekend
situation, the on-call Major Offenders attorney will always be
notified.
(2) Any homicide involving a law enforcement officer as a

participant will be referred to the Police Integrity Division,
and will be handled in accordance with the policies of that
division.
(3) An incident in which a law enforcement officer, acting in

his/her official capacity, is a victim of murder, suffers serious
bodily injury, or suffers bodily injury inflicted by the use of a
deadly weapon, will be referred to the on-call division chief
immediately. This division chief will handle the case from the
on-scene investigation through trial. The chief investigator or
an assistant chief investigator will also be notified. The
division chief will always assign one of the investigators
within his/her division to assist him/her in the on-scene
investigation.
(b) Vehicle Crime Involving a Fatality or Serious Bodily Injury to a

Child – a member of the Vehicle Assault & Traffic Safety Team
(VATS team) will respond to and/or make the scene of every above-
referenced case when notified by the investigating agency. The team
member will evaluate the facts and report those to the Section Chief.
The Section Chief will notify the Bureau Chief of Special
Prosecutions during regular work hours about each of the cases
under consideration for charges. The Section Chief of Vehicular
Crimes will determine the final charging decision. If the Section
Chief cannot be reached, the responding team member must contact
the Chief of Intake for the final charging decision before the charge
is approved and filed.
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(c) Criminally Negligent Homicide – (1) the Chief of Intake must
approve the decision to file, reject or present a case to a Grand Jury.
(2) In vehicle fatality cases, the Section Chief of Vehicular Crimes
must approve the final decision to file, reject or present a case to a
Grand Jury. Unless exceptional and/or exigent circumstances exist,
charges will not be accepted until the investigating agency has
completed the investigation. Negligence must be described in a
pleading with a high degree of specificity.
(d) Manslaughter – (1) the Chief of Intake must approve the decision to
file, reject or present a case to a Grand Jury. (2) In vehicular fatality
cases, the Section Chief of Vehicular Crimes must approve the final
decision to file, reject or present a case to a Grand Jury. If the
Section Chief cannot be reached, the responding team member must
contact the Chief of Intake for the final charging decision before the
charge is approved and filed. Reckless conduct is required and it
must be alleged with a high degree of specificity.
7. A complaint involving the unlicensed practice of a profession that is

governed by a state licensing agency will be referred to the White Collar
Crimes Section of the Financial Crimes Division if it involves a felony. All
misdemeanors will be referred to the chief of the Misdemeanor Division.
Subsection 4, above, covers professionals in their licensed capacity.
8. Narcotics and drug offenses – the Major Narcotics assistants of the Major
Offender Division shall make the filing decision with regard to the
following cases: (a) any controlled substance case in which the weight of a
Penalty Group 1 controlled substance is 1000 grams or more; (b) any
marihuana case in which the weight of the marihuana is 2,000 pounds or
more; and (c) any controlled substance case involving at least 4000 abuse
units that fall under Penalty Group 1-A (LSD).
If the case meets the above criteria and the defendant is already under
arrest, accept the charge as in any felony case, but set the bond, at a
minimum, at twice the amount of the street value of the drugs, and notify a
drug prosecutor in the Major Offender Division of the case as soon as may
be practical. If the defendant is not under arrest, try to consult with a drug
prosecutor in the Major Offender Division prior to filing. The Special
Prosecutions Bureau shall provide a weekly ―on-call‖ list to Intake for such
notification. This list shall be posted in the Chief of Intake’s office and
updated on a weekly basis.
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9. Public corruption – complaints involving public corruption or official
misconduct by public servants, such as any offenses growing out of their
profession or occupation (except allegations of police-involved homicides
as described in subsection 6(a)(2) above) will be referred to the Public
Integrity Division, and notification shall also be made to the District
Attorney and First Assistant.
10. Police misconduct – complaints of police misconduct will be referred to

the Governmental Integrity Bureau. Personnel of the Police Integrity
Division will present to the Grand Jury all cases where persons are injured
as a result of being shot by police officers in the discharge of their duties.
11. Public officials – complaints against any public servants, which arise from
non-official conduct, will be handled like any other case. The prosecutor
filing the charges will notify the Chief of the Trial Bureau, who will notify
the District Attorney and First Assistant that such a case has been filed.
12. Securities Act violations – complaints involving securities violations will

be referred to the Consumer Protection Section or the White Collar Crime
Section.
13. Check fraud – complaints involving worthless checks will be referred to

the Check Fraud Division. If a need for immediate action exists, the Intake
prosecutor should file the proper case.
14. Public assistance fraud – complaints involving public assistance fraud

(i.e. welfare fraud) will be referred to the Public Assistance Fraud Division.
15. Schoolteachers or school administrators – complaints against these

individuals in connection with their official duties shall be referred to the
Public Integrity Division. Allegations of physical and sexual abuse of
students will be referred to the Chief of the Crimes Against Children
Division.
16. Criminal non-support – complaints involving criminal non-support will

be referred to the Family Criminal Law Division.
17. Investigations involving a violation of the Private Investigators and

Private Security Agencies Act will be referred as follows: all
misdemeanors shall be referred to the Deputy Chief of the Misdemeanor
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Division and all felonies shall be referred to the Bureau Chief of Special
Prosecutions.
SECTION 10.3. BAIL RECOMMENDATIONS
(a) Misdemeanor offenses

Bail in all classes of misdemeanors has been set by the county criminal court at
law judges, and the schedule is posted at Intake and in the Public Folders section on
your computer. Please refer to that schedule in setting bonds. If the screening prosecutor
feels that the case is an exception, or does not fall into any of the listed choices,
recommend the bond at the level that prosecutor feels is appropriate and justify the
recommendation on the DIMS sheet and a high bond request form.
(b) Felonies
Bail in felony cases shall be as ordered by the district judges. This schedule is
posted at Intake and in the Public Folders section of your computer. Unless a high bond
request form is executed, articulating specific reasons why the bail amount should be
different, this schedule shall be followed.
(c) Exceptional cases – denial of bail

Article I, sec. 11a, of the Texas Constitution permits a district court to deny bail
for a period of 60 days if:
(1) The defendant has previously been twice convicted of a felony less than
capital, the second conviction being subsequent to the first, both in point of
time of commission of the offense and conviction therefor;
(2) The defendant is accused of a felony less than capital in this state,
committed while on bail for a prior felony for which he has been indicted;
(3) The defendant is accused of a felony less than capital in this state,
involving the use of a deadly weapon, after being convicted of a prior
felony; or
(4) The defendant is accused of a violent or sexual offense committed while

under the supervision of a criminal justice agency of the state or a political
subdivision of the state for a prior felony. ―Violent offense‖ is defined as
murder, aggravated assault (if the accused used or exhibited a deadly
weapon during the commission of the assault), aggravated kidnapping or
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aggravated robbery. ―Sexual offense‖ means aggravated sexual assault,
sexual assault or indecency with a child.
In order to deny bail, a hearing must be held within seven days of the defendant’s
incarceration, in which evidence is presented to substantially show the guilt of the
accused of the charged offense. The order denying bail is automatically set aside if the
defendant is not tried within sixty (60) days, unless a continuance is obtained upon the
motion or request of the accused. The defendant may appeal the order denying bail
directly to the Court of Criminal Appeals and such appeal is given preference by that
court.
Under these provisions, the form that follows may be used when appropriate at
the preliminary initial appearance. Prosecutors in specialized divisions will file and
handle the motion to deny bail in their cases, and the court prosecutors will handle the
others. The hearing must be held and the order entered within seven days of
incarceration, so witnesses must be available to ―substantially show the guilt of the
accused,‖ in addition to the proof that the defendant falls under one of the categories
listed in the constitutional provision. The Motion For Denial of Bail can be found on the
computer in the Word documents under ―Trial Bureau.‖
(d) Enhancements and Foreign Nationals
Enhancing our pleadings and setting appropriate bonds at intake are vital to the
safety of the community and to insuring the presence in court of the charged defendant.
If a defendant has a criminal history that would justify the addition of an enhancement
paragraph to either a felony or misdemeanor offense, then it is mandatory to add that
enhancement paragraph when preparing the pleading at intake. Such a criminal history
would necessarily warrant a greater bond recommendation than a first offender status
based upon the bond schedules promulgated by both the District Court Judges and the
County Court Judges.
A person with an undocumented presence in the United States, someone with a

deportation history, or a foreign national here on a visa may each pose a different risk
because of lack of ties to the community, safety issues to the victim or community,
and/or opportunities for flight out of our jurisdiction. Our office will recommend the
following bonds when those types of situations are presented in our case screening.
MISDEMEANORS:
 $35,000 bonds with a HIGH BOND REQUEST justifying the elevated bond.
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FELONIES:
 $50,000 more than the current bond schedule for the offense with a HIGH BOND
REQUEST justifying the elevated bond.
If such recommended bond is later reduced by a hearing officer or the assigned Judge, a
request for the surrender of the passport as a condition of making the bond must be
made by the prosecutor present when the bond is reduced.
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Cause No. __________
THE STATE OF TEXAS IN THE DISTRICT COURT FOR
V. THE ______ JUDICIAL DISTRICT,
___________________ HARRIS COUNTY, TEXAS
MOTION FOR DENIAL OF BAIL
COMES NOW the State of Texas, by and through its Assistant District Attorney
and moves the Court to enter an order denying bail pending trial, and would show the
Court the following:
That the Defendant is charged with _________________, a felony less than

capital, committed on __________________________ for which he was incarcerated on
_____________________, and that:
[Choose one or more below as may be applicable]

1. The Defendant has heretofore been twice convicted of a felony, the second
conviction being subsequent to the first, both in point of time of commission and
conviction therefor.
2. The Defendant was on bail for a prior felony for which he had been indicted.
3. The Defendant committed the instant offense using a deadly weapon after being
convicted of a prior felony.
4. The defendant is currently on parole and the current offense is a violent or sexual
offense as defined in the Texas Constitution.
WHEREFORE, PREMISES CONSIDERED, the State of Texas prays that the

Court have a hearing, and after considering the evidence, enter an order denying bail for
a period of sixty days pending trial of the cause.
______________________________
ASSISTANT DISTRICT ATTORNEY
HARRIS COUNTY, TEXAS
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ORDER
Upon a hearing and after considering the evidence presented, the motion of the
State to deny bail is granted and bail is denied for a period of sixty (60) days from
___________________.
______________________________
JUDGE
The motion of the State to deny bail is denied. Bail is set at $______________.
______________________________
JUDGE
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(e) Pretrial release policies
The Pretrial Services Agency screens applicants for pretrial release. The
prosecutor should freely furnish facts to the Pretrial Services’ staff. If, for good cause,
the prosecutor handling the case opposes a pretrial bond, he should state his reasons in
writing to the Pretrial Services’ office and retain copies of the communication for the
file and for the judge presiding in the case. It is strictly the prerogative of the judge to
set bail and to release an accused on pretrial bond.
Although this list is not exclusive, pretrial bonds should be opposed where:
(1) there is a felony charge and the defendant has a previous felony conviction;
(2) the defendant commits a felony or Class A or B misdemeanor while on

bail;
(3) our minimum recommendation for bail would be $10,000.00 or more;
(4) there is a crime of violence;
(5) the defendant is charged with a first-degree felony;
(6) there is sale of a controlled substance or possession of a substantial amount

of a controlled substance;
(7) there is a felony sexual offense against a child;
(8) there has been a previous bond forfeiture or there is substantial reason to
believe the defendant will not appear in court;
(9) the future safety of a victim and/or a witness is in question;
(10) a pretrial bond is not appropriate for other articulable reasons.
Personal recognizance bonds are different from a pretrial release bond. A

personal recognizance bond permits the release of a defendant upon the defendant’s
promise to return to court as instructed. Generally, the State opposes the use of these
bonds.
(f) Reduction of bail agreements
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The chief prosecutor, and only the chief prosecutor, of any court shall have the
authority to recommend a reduction of bail for any case assigned to prosecutors in that
court where the facts and circumstances warrant. Reasons must be in writing and should
be noted on the file. This authority exists whether or not a writ of habeas corpus has
been filed.
If a specialized division is handling a case, it shall be informed of the filing of any

application for a writ of habeas corpus, and only that division will have the authority to
reduce bail in that case.
Specialized divisions originating cases may make agreements concerning bail

reduction in their cases. In addition, a Trial Bureau prosecutor assigned the case shall
have the authority to lower bail where a writ of habeas corpus has been filed, after
checking with the originating division and the court's chief prosecutor.
There shall be no negotiations regarding bail when the defendant is a fugitive.

Only the District Attorney or the First Assistant may authorize an exception to this
policy.
(g) Bail procedure after repleading
(1) Try to transfer the bond and get the surety’s signature on the transfer. If
this is not possible:
(2) Request the judge to ask the surety to surrender the bond and reimburse the
defendant for the bonding fee, and have the defendant make a new commercial bond. If
this is not possible:
<<< AND THE LEAST FAVORABLE OPTION >>>
(3) Leave the original bond and indictment or information pending, and
request that the court grant the defendant a personal recognizance bond on the
reindictment or new information.
The terms ―reindictment‖ or ―refiling‖ of an information, as used in this

document, are intended to describe a case that is being replead on the same basic charge
as the original pleading, e.g., to add enhancement paragraphs or to correct language in
the original pleading.
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Prior to an assistant actually taking the case into a grand jury for a possible
reindictment, or prior to actually refiling a misdemeanor information, the assistant shall:
(1) Contact the defense attorney and request that he or she contact the surety
on the existing bail to sign a motion to transfer bond. The purpose of this is
to have the motion to transfer bond ready to file as soon as the court issues
the reindictment capias, or the capias following the filing of a new
information, in order to avoid the defendant’s rearrest when he has already
posted a bond on the original pleading.
(2) Only after the assistant, the defense attorney, the surety and the judge have
signed the motion to transfer bond, should the original indictment or
information be dismissed (once the bond is transferred to the reindictment,
the bond ceases to bind the surety in the original case).
Should the surety refuse to agree to sign the motion to transfer bond, the assistant
should ask the judge to request the surety to surrender the defendant on the bond (no
one can force the surety to surrender the bond, however). If the surety refuses to do that,
the assistant could suggest that since the surety refused to sign the transfer, the surety
has put the defendant in a position of having to make another bond in violation of article
17.09, secs. 2 and 3, Code of Criminal Procedure. Those provisions state that a
defendant shall not be required to give another bond in the course of the same criminal
action unless the judge in whose court such action is pending finds that the bond is
defective, excessive or insufficient in amount, or that the sureties, if any, are not
acceptable, or for any other good and sufficient cause.
If the surety then agrees to surrender the original bond, the defendant must make
a new bond on the reindictment or the refiling of a misdemeanor information. It seems
fair that the defendant should not have to pay a surety’s bonding fee twice (in effect, for
the same transgression), so determine if section 1704.207 of the Occupations Code can
offer the defendant some relief.
Section 1704.207 of the Occupations Code states that if a prosecutor, the

defendant or the defendant’s attorney believes that the surrender is without reasonable
cause (e.g., if the surety refuses to sign the transfer when the defendant has complied
with all of the surety’s requirements), this matter may be brought to the court's attention
and the court may determine if reasonable cause for the surrender exists. If it does not,
the court may require that all or part of the fees paid to the surety be returned to the
principal. Obviously, if the surety does not want to stay on the bond because he believes
he has reasonable cause, such as the defendant’s failure to report to the surety as
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required, then the assistant may want to take this into consideration in determining
whether the bond amount is sufficient or needs to be raised.
If a surety refuses to transfer the bond and refuses to surrender on the old bond,
the assistant should leave the original indictment pending, and ask the judge to grant the
defendant a personal bond on the reindictment.
<<< THIS IS THE LEAST DESIRABLE ALTERNATIVE >>>.
Requesting a personal recognizance bond at this point does not violate article
17.09 (which normally prohibits more than one bond being made per offense) because
the assistant may argue that the exception of "good and sufficient cause" applies, since
the surety refused to sign a transfer and refused to surrender the bond.
In this circumstance do not dismiss the original case until the State disposes of the
repleading. Should the defendant forfeit bond in this instance, the State would argue that
the original bondsman had the opportunity to surrender the principal on the original
indictment, but chose to continue to be bound on the case; and, therefore, the original
surety would still be liable for the forfeiture.
SECTION 10.4. PLEA NEGOTIATIONS

(a) General statement
Most criminal cases are resolved through a guilty plea, rather than a trial. Perhaps
the greatest responsibility of the prosecutor consists of the agreements and
recommendations that he makes in the process leading to a guilty plea. Obviously, we
would need many times the number of courts we presently have if every case were to go
to trial on a contested basis. Society has at least as much interest in disposing of a
criminal charge without trial as it has in securing a guilty verdict by trial. Without the
plea bargain process, justice would come to a halt, with the public and defendants alike
being deprived of virtually any trial at all—which would have disastrous consequences.
More importantly, many penologists believe that disposition by plea in a proper

case, rather than prolonging a conflict with society, enhances prospects for
rehabilitation. The basis for an effective rehabilitation program can be developed better
in the context of an agreed disposition, where the defendant admits his guilt and accepts
the penalty. It is appropriate, therefore, to view plea discussions as an essential, if not
indispensable, part of our present administration of justice. The large volume of guilty
pleas is usually a consequence of defense counsel's initiation of discussions to arrive at a
recommendation that he believes is appropriate for his client. By the same token, the
prosecutor must represent his client, the State, and make a proper recommendation in
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the interest of justice and the protection of society. In the course of these discussions,
informal discovery occurs, which leads to pretrial dispositions or at least draws the lines
of controversy for a quicker trial if the plea is not guilty. Thus the effective
administration of justice depends in substantial measure on how the prosecutor conducts
plea negotiations and the wisdom of the ultimate agreement, if any, with defense
counsel. The fruitfulness of discussions will in turn depend in large measure on the
confidence of bench and bar in the competence, ability and sense of justice of the
prosecutor, so that recommendations will be fair, just and in keeping with the State's
interests.
This underscores the need for policy guidelines in three major areas. One area
involves the elements, which go into the ultimate recommendation of the prosecutor.
The second area includes those guidelines and ethical standards for the prosecutor’s
personal conduct throughout the negotiation process. The final area involves the
administrative level within the office at which recommendations in certain types of
cases will be made.
Note: Community Supervision may be referred to as ―Probation‖ herein.
(b) General guidelines as to recommendations
One of the most difficult tasks for any prosecutor's office is to formulate
guidelines for both sentence recommendations and plea-bargaining. No prosecutor's
office, judge, or national commission or study group has been able to successfully draw
up specific formulas for specific recommendations for specific fact situations. Much has
been said and written in favor of very specific guidelines for the prosecutor’s office, but
no practical suggestions for exacting standards have been forthcoming. The reason is
obvious. No two cases are alike. Even though specific reasons for recommendations can
be articulated, the weight to be given each reason may vary considerably. Thus, with an
infinite number of variations, positive formulas cannot be promulgated.
Perhaps this is why the practice of law and the profession of the prosecutor
remain intact. Nothing can remove the necessity for those human elements of common
sense, wisdom and experience in trying to apply the law in a manner that will insure that
justice is achieved with every plea agreement.
Even though plea recommendations are not subject to exact guidelines, our
responsibility to achieve equal justice requires that we mention certain general
considerations as we constantly strive for consistency in all courts on the part of all
prosecutors.
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General considerations (not listed in order of importance) that must be taken into
consideration are as follows:
1. The seriousness of the crime. The physical, emotional, and economic hurt
of the victim and the lasting effect of the criminal acts, both on the victim
and the whole of society. What penalty does the crime deserve?
2. Participation of the defendant. How aggravated were his acts? Was the
crime premeditated or acted out on the spur of the moment? Was he the
ringleader or did he play a relatively insignificant part? Did he talk young
or impressionable persons into the criminal acts? Did someone of
overbearing personality and intelligence lead him into the crime? What was
his mens rea?
3. The defendant's background. Is he a Medal of Honor winner with no

prior arrests? Is he a habitual criminal? Is he a professional criminal? How
many previous convictions? How many arrests? What is his psychiatric
history, if any? Is he part of an organized criminal activity? Is he a foreign
national in this country illegally?
As a general rule, a prosecutor shall not offer community supervision as a

part of a plea agreement with a defendant who is a foreign national in this
country illegally. This policy does not prohibit a defendant from pleading
guilty and receiving punishment from the court as authorized by law.
An exception to the general rule may be made where the defendant is

charged with a nonviolent offense, the defendant agrees to voluntary
deportation and agrees to serve the term of probation in the country to
which he is deported. Any exception must be approved by the First
Assistant.
Prosecutors must evaluate each case on a case-by-case basis. Further

exceptions to the general rule may be granted for good cause shown
through exceptional circumstances in a particular case. Again, any
exception must be approved by the First Assistant.
4. Expectation of rehabilitation. If granted probation, is the defendant likely

to be regularly employed? Will he support his dependents? Is he an
offender capable of reform? What kind of opportunity has he had in the
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past? What kind of influences will he be subjected to if not confined? Can
he handle probation? Will a prison sentence serve a useful purpose to him
or to society? Is he the kind of recidivist that is virtually beyond hope? Will
probation with certain special conditions or a program of assistance be
necessary? Does he have those around him who can and will assist him if
he is granted probation or a short sentence?
5. The effort involved in making the case. How difficult is it to apprehend

this type of offender? Did the police or investigating agency spend many
laborious hours gathering the evidence? If the manner in which the offense
was committed is difficult to detect, will a strong punishment be warranted
to deter others? The officer who worked the case should be consulted prior
to disposition of a case, which required a lengthy investigation.
6. The kind of offense involved. What are the consequences of this type of
offense, and what threats to society are involved?
7. The jury's reaction. How would a jury or an informed judge react if there
were a full-scale trial on a plea of not guilty? What would a jury or an
informed judge do if there were a full-scale trial on a plea of guilty? What
would the verdict be? What would the probable sentence be?
8. The necessity of having a trial for the sake of upholding confidence in

the criminal justice system. A crime can be so immense that any plea
negotiations could have negative connotations. How does the community
react to the seriousness of the crime? Is it the kind of case that should not
be compromised in any way by either side and is deserving of a full-scale
trial?
9. Treatment of codefendants. What penalty did the codefendant receive

from the judge or jury, or upon a plea of guilty with a recommendation?
And should this defendant receive the same sentence, or a greater or lesser
sentence?
10. The present attitude of the defendant. Is he willing to admit his guilt and
save society the expense of trial and the witnesses (particularly the victims)
the traumatic experience of reliving the crime? Did the defendant cooperate
with the police? The defendant who confessed may give the State a
stronger case, but isn't he deserving of some leniency for his cooperation?
Is the defendant willing to testify against others? Did he lead the police to
the stolen goods, the contraband, or other evidence? Has he threatened or
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intimidated witnesses, or caused others to in his behalf, since his arrest?
Has he offered restitution or payment of medical bills? Is he truly regretful
for his acts?
11. The attitude of the victim. The aggrieved widow may properly feel her
husband's death justifies a full-scale trial and the time of the judge, jury,
and the prosecutor. Her feelings are obviously entitled to serious
consideration, although they should not absolutely control the outcome.
The fact that a complainant wishes to drop a habitual burglary charge
probably should have little or no influence on the outcome. Whereas, if a
person wishes to dismiss an assault case, and if the defendant is not likely
to repeat, the victim's position is important to the recommendation. All
victims should be consulted before a case is disposed of.
12. The timing of the defendant’s offer to plead guilty and the necessity of
bringing witnesses to court. Have there been out-of-town witnesses, or
witnesses who endured hardship in order to come to court? Also, did the
defendant wait to see if the State could announce ready and proceed to trial
before offering to plead guilty? Unless it is definitely to the State’s
advantage, plea negotiations should not take place on the day of trial. To do
otherwise encourages requests for trial settings, which work hardships and
needlessly utilize the court’s resources, unless the defendant sincerely
wishes to plead not guilty.
13. The strength of the State’s case. Are the witnesses available? What are
the known defenses, and which defense witnesses will appear? How strong
are the State’s witnesses or the defense witnesses? Are there legal
considerations, such as a motion to suppress that may be granted? What are
the chances of conviction of the primary charge or a lesser-included
charge?
14. Mitigating factors that may be present. What mitigating factors are
apparent from the State’s investigation of the case? What mitigating factors
have been presented by defense counsel? How will this affect the outcome?
Obviously there are other factors that may and should be considered in any given
case. Also, in extreme instances, one single factor could outweigh all of the rest in the
prosecutor’s final decision. For example, the defendant may be the ideal citizen (perfect
record, civic leader, supports dependents, well thought of), but he lives off the profits
from criminal acts. In other words, he is a professional criminal in respectable clothing
and therefore not deserving of leniency.
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Through experience, proper supervision, comparisons and frank discussions with
knowledgeable judges, policemen, defense attorneys, probation officers, and citizens,
the prosecutor should mature so that he can recognize those cases that should be tried
and those which should be negotiated. There is a time for firmness and a time for
compassion, a time for compromise and a time to hold the line. This is why there is no
substitute for experience and judgment.
The prosecutor must never hesitate to consult his/her chief prosecutor, division
chief or bureau chief concerning the evaluation of a case. Supervising attorneys will be
expected to call periodic staff meetings in order to encourage uniform application of the
law throughout our office and in the many courts where we practice.
The following standards speak to the prosecutor's role in plea discussions. All
assistant district attorneys shall follow these ethical, moral and legal standards:
1. The prosecutors of this office shall continue the general policy of

willingness to consult with defense counsel concerning disposition of
charges by plea of guilty.
2. No prosecutor shall engage in plea discussions with a defendant or anyone

who claims to represent the interests of the defendant who is represented by
counsel, except with counsel's approval and then only in counsel's
presence.
3. No prosecutor shall consult with an accused that is without counsel unless

that person has been warned by a magistrate under the provisions of article
15.17 Code of Criminal Procedure. Under those circumstances the
prosecutor may consult with the accused, provided that the prosecutor
explains who he is and again provides the warnings set out in article 15.17.
No prosecutor shall take advantage of the accused, whether represented by
counsel or not, in order to enhance the punishment or to coerce a plea of
guilty (see rule 3.09, Texas Disciplinary Rules of Professional Conduct).
4. The prosecutor shall not knowingly make false statements or

representations in the course of plea discussions with either the defense
counsel or the accused.
5. The prosecutor shall not continue to participate in plea negotiations where

the defendant persists in denying guilt.
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6. The prosecutor shall not make any promise or commitment concerning the
sentence, which will be imposed. The ultimate decision is up to the court,
and the defendant and defense counsel must understand this. A prosecutor
may only state what he will recommend to the judge.
7. Plea negotiations may be entered into at any time, EXCEPT WHEN THE
DEFENDANT IS A FUGITIVE (NOT ARRESTED YET), but no
prosecutor shall make any firm recommendation until all material facts
available are known about the crime and about the accused.
8. Any firm recommendation made to the accused or his attorney shall be

written on the file. It shall be posted with the date of the offer and in such a
way that any other prosecutor, later assigned the case, will know a firm
offer has been made (as opposed to a tentative recommendation). Any time
limitations on acceptance of the recommendation shall also be noted, as
well as the date and the name of any prosecutor who withdrew a previously
tendered recommendation.
9. The prosecutor is under no obligation, moral or legal, to make a

recommendation that is acceptable to the defendant or his counsel.
However, unless there is good cause, the prosecutor shall make known to
the defendant what the recommendation of the prosecutor will be. The
defendant can always plead to the court or to the jury without an agreed
recommendation. There will always be those cases which cannot
conscientiously be agreed upon by both sides and which must be submitted
on a contested basis.
10. The prosecutor should keep in mind the distinction between a plea with an
agreed recommendation, a plea without an agreed recommendation, and a
plea without a recommendation.
(a) Plea with an agreed recommendation – this is a plea in which the

prosecutor and defense agree before the plea is taken as to the
sentence to be recommended by the State, and the defense agrees not
to ask for less. The agreement must be reflected in writing in the plea
papers.
(b) Plea without an agreed recommendation – this is a plea that

commonly takes two forms:
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(1) Unlimited argument – a plea in which the prosecutor and
defense do not agree before the plea is taken to limit each
other in any way as to the respective position to be taken in the
punishment hearing. The prosecutor shall designate in writing
in the plea papers that this situation is in effect, e.g.,
―Defendant will plead guilty and the State reserves the right to
argue as it deems appropriate."
If the prosecutor chooses to take no position (make no

recommendation) in the punishment phase of such a case,
even though he had reserved the right to take a position, he
must have articulable good cause and determine that this
position is in the best interest of justice. If he chooses to argue
or take a position, he shall follow the office policy as to
acceptable minimum punishment recommendations, or obtain
the necessary approval for an exception.
(2) Limited argument – a plea in which the prosecutor and

defense agree upon the specific number of years or days that
the State will recommend as to punishment, but the defense
does not agree to accept that recommendation and will argue
for less. This is a plea bargain agreement in which the defense
does not agree with the State's recommendation but the State
has bargained away its right to argue for more than a set
number of years or days. This plea bargain agreement must be
reflected in writing in the plea papers, e.g., "Defendant will
plead guilty and the State will recommend 5 years T.D.C.J. –
defense to argue for less."
This is included in the category "plea without an agreed

recommendation" because although the State and Defense
have agreed to the maximum sentence that the State will
recommend, the Defense has not agreed to accept that
sentence.
(c) Plea without a recommendation – this is a plea in which the

prosecutor and defense agree before the plea is taken that the
prosecutor will take no position (remain silent) in the punishment
phase regardless of what is said by the defense or revealed by a
P.S.I., etc. This is a plea bargain agreement since the State has
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bargained away its right to take a position and this fact must be
reflected in writing in the plea papers.
A plea without a recommendation is not permitted unless the

prosecutor has articulable good cause, and determines that this
position (taking no position) is in the best interest of justice.
(d) Caveat – prosecutors should be aware that any agreement made with
the defense to induce a plea, such as a promise to take no position or
a promise to recommend no more than "X" number of years, etc., is
considered a plea bargain agreement. If the prosecutor repudiates any
part of the agreement the case will be reversed.
11. No prosecutor shall ever inform or imply to the jury that the defendant
admitted his guilt through plea negotiations. This would be an inexcusable
breach of ethics.
12. Any defense attorney who, in advance of trial, informs the jury or the judge
(without the prosecutor’s consent unless the judge inquires) of the State’s
recommendation shall be reported to the District Attorney.
13. The prosecutor is under a continuing obligation to inform defense counsel

of all matters exculpatory in nature or which mitigate punishment. The
prosecutor should disclose such matters when they are learned.
14. The facts in any lawsuit are subject to change by the passage of time. An
experienced defense lawyer is usually aware that a firm agreement as to
any recommendation is based upon the circumstances as they are known to
exist at the time the agreement is made, and that a material change in
circumstances may require a change in the recommendation. Inexperienced
lawyers should be advised of this provision. Any material
misrepresentation by the defense attorney as to the facts may be grounds to
revoke a firm recommendation.
15. The forfeiture of vehicles or money under the various forfeiture statutes
shall not be used as an element in plea-bargaining. Questions concerning
forfeitures will be referred to the Asset Forfeiture Division. It is the
intention of this office to aggressively pursue forfeitures where the facts
and the law support such forfeiture.
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16. There shall be no plea negotiations or negotiations regarding bail while a
defendant is a fugitive. Only the District Attorney or the First Assistant
shall make any exceptions to this policy.
17. The prosecutor may not make any representations as to the possibility of an
expunction of records, other than the office will not oppose an expunction
in certain situations.
(c) Prosecutor’s conduct with judiciary in plea negotiations

What should a prosecutor do if a judge tries to discuss the merits of a pending
case in chambers, or in an effort to assist in the plea bargaining process?
Ex parte communications forbidden. If the judge’s discussion does not include

the defense attorney, the communication is unethical for both the judge and the
prosecutor. The Code of Judicial Conduct addresses a judge’s duty to avoid ex parte
communications:
A judge shall accord to every person who has a legal interest in a

proceeding, or that person's lawyer, the right to be heard according to law.
A judge shall not initiate, permit, or consider ex parte communications or
other communications made to the judge outside the presence of the parties
between the judge and a party, an attorney, a guardian or attorney ad litem,
an alternative dispute resolution neutral, or any other court appointee
concerning the merits of a pending or impending judicial proceeding . . .‖
Tex. Code Jud. Conduct, Canon 3(B)(8); see also Tex. Code Jud. Conduct, Canon
6(C)(2) (similar provision prohibiting ex parte communications with justices of the
peace).
The Disciplinary Rules of Professional Conduct similarly forbid communications

with judges. See Tex. Disciplinary R. Prof’L Conduct 3.05 (forbidding lawyer to
communicate ex parte with judge except as permitted by law and not prohibited by
applicable rules of practice or procedure).
Canon 3(B)(8)(b) contains an exception to the general rule against ex parte

communications which pertains to judicial mediation or settlement efforts:
―This subsection does not prohibit: (b) conferring separately with the
parties and/or their lawyers in an effort to mediate or settle matters,
provided, however, that the judge shall first give notice to all parties and
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not thereafter hear any contested matters between the parties except with
the consent of all parties.‖
Note that this exception requires the judge to give advance notice to the parties of
the judge’s intent to mediate and thereafter gives the parties the option to disqualify the
judge from hearing further contested matters in the proceeding.
Is this an exception that we would ever actually utilize? As a matter of office

policy, there appear to be few, if any, instances when it would be in the interest of
justice to agree to allow a judge to hear a contested matter in a criminal proceeding after
the judge has made an unsuccessful effort to settle or mediate disputed matters. For that
reason, upon receiving notice that a judge intends to confer separately with the parties as
described in Canon 3(B)(8)(b), prosecutors should consult with a supervisor regarding a
proper course of action.
General Rules
Given our ethical duty to avoid ex parte communications and to avoid

contributing to such unethical behavior by the judiciary, prosecutors are expected to
follow these general rules pertaining to communications with the judiciary:
1. Personnel of this office will not communicate with the judges of the
various courts, either directly or indirectly, concerning the merits of a
pending case unless such communications are "expressly authorized by
law." See Canon 3(B)(8)(e). The only known communication in criminal
proceedings that is ―expressly authorized by law‖ is one made in a
proceeding in open court, or a pretrial hearing as contemplated by the Code
of Criminal Procedure, with the defendant present as required by law.
2. Discussions in chambers with counsel for the accused and the court with
regard to the merits of pending litigation shall be avoided. Any such
discussions shall occur in open court with the defendant present and the
opportunity for either side to have the discussion recorded by a court
reporter.
3. An assistant district attorney may step into a judge’s chambers when

requested to do so by the court. That prosecutor may not, however, engage
in communications about the merits of pending cases in violation of
Canons 3(B)(8) or 6(C)(2). The judge shall be informed of the district
attorney’s reasons for refusing to discuss the merits of the case and
respectfully referred to the applicable canon.
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(d) Routine procedures regarding pleas of guilty
1. No plea will be taken without first having made contact with the
complainant in the case, if possible, so that the facts of the case and
possible plea, including restitution, can be discussed.
2. No plea will be taken in felony cases without an offense report, a criminal

history and the office having made a RIP call.
3. No plea will be taken in misdemeanor cases without an offense report or its

equivalent. The chief prosecutor in the court may authorize a plea without
an offense report if the chief is satisfied that all pertinent information
necessary to make a plea offer is present. The chief should be satisfied that
the prosecution has all necessary information (for example, contact with
the victim, primary police officers or other witnesses to determine property
damage and the extent of any injuries and any other information necessary
to make a proper plea offer). The chief prosecutor may authorize the plea
without the ―official offense report‖ at the chief’s own risk of being
incorrect. No pleas shall be taken without the FBI, DPS, and HPD criminal
history record (rap sheet) and the AFIS return in the file. A check by the
investigator to be certain that the defendant has no prior criminal record
will not be sufficient without a copy of such record in the case file.
4. In all cases, in addition to an appropriate fine, restitution shall be required

in order to place the victims (including insurance companies and business
interests) as nearly as possible in the same position they were in prior to the
offense. Restitution may be ordered as a condition of probation, or may be
specified in the judgment so the parole board may order it as a condition of
parole. Make sure that restitution orders are stated on the Judgment and
Sentence in every case when ordered.
5. If the defendant in a felony case has one or more misdemeanors pending in

a county criminal court at law that are related to the felony case (e.g., the
misdemeanor constitutes the law violation in a motion to revoke a felony
probation, is an element of the felony offense, or involves the same
complainants in the same transaction as the felony offense), the
misdemeanor cases will not be disposed of unless the misdemeanor
prosecutor and the felony prosecutor handling the cases agree to the
disposition. In the absence of an agreement, the Chief of the Misdemeanor
Division and the affected felony division will make the decision. The
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prosecutor in district court should make it a practice to contact one of the
prosecutors in the county criminal court at law in which the misdemeanor
charges are pending so the name of the felony prosecutor can be noted
upon the misdemeanor file.
6. All recommendations made to an attorney shall be written, dated and

initialed on the front of the file. In the event that no such writing appears, it
shall be presumed that no offer has been made.
7. No written recommendation on a file should be altered by any subordinate

prosecutor without the approval of the prosecutor who wrote the
recommendation, or his supervisor.
8. If a case is transferred to another court for trial, the prosecutor that is

assigned the case in the receiving court shall assume full responsibility for
the case, subject to the office guidelines.
9. The prosecutor assigned the case for trial shall have ultimate authority,
subject to the office guidelines, to make recommendations on cases
assigned that were initiated or handled by other divisions (e.g. Check
Fraud, Environmental Crimes, Financial Crimes, etc.). However, the trial
prosecutor should communicate the recommendation to the other division
or section.
10. No case shall be reduced or changed to some lesser included offense for a
plea merely to avoid the applicability of the sex offender registration
statute.
11. If a plea agreement is reached wherein restitution is paid to the victim and a
dismissal of any charge against the defendant is filed by our office,
ALWAYS make sure that the amount and receipt number for all restitution
is written on the nolle.
12. Always contact the complaining witness after a plea has been entered to
inform him or her of the specific disposition.
(e) Supervisory control of plea negotiations
1. Felony cases.
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The chief of a district court is responsible for the appropriate disposition of cases
assigned to prosecutors in that court, in accordance with these guidelines:
a. Capital murder and homicide cases – the decision to seek a capital

murder indictment, and any recommendation or reduction in a capital
case, will be personally approved by the District Attorney, or the
First Assistant if so delegated by the District Attorney. All plea
offers made to juveniles certified on capital murder cases will be
approved by the Chief of the Felony Trial Bureau. The appropriate
felony division chief shall approve all other homicide
recommendations or reductions.
b. All recommendations in first degree felony cases and non-state jail

felony recidivist cases (except homicides and offers of probation)
shall be approved by the chief prosecutor of the court, or in the court
chief’s absence, the appropriate division chief. The disposition of a
case handled by a trial court prosecutor is the responsibility of the
chief prosecutor in that court.
c. Recommendations in second and third degree felony cases and state

jail felony cases may be made by the prosecutor to whom the case is
assigned, or by the prosecutor who will actually try the case in the
event of a contested disposition; provided, however, that the chief
prosecutor shall remain ultimately responsible for the correctness
and appropriateness of recommendations made by any prosecutor
assigned to that court.
Therefore, the chief prosecutor shall maintain close supervision of

the dispositions that occur in that prosecutor’s court, and may
reserve the right to approve any and all recommendations made in
any case, by any level of prosecutor under the chief’s supervision. In
those instances where the chief prosecutor expresses his desire to
approve all recommendations, or recommendations made in a certain
category or class of cases, each subordinate prosecutor shall explain
to the counsel for the accused that recommendations are made
"subject to" approval by the chief, unless such approval has already
been obtained.
No communicated and accepted recommendation shall be changed

without the approval of the appropriate bureau chief upon good
cause shown.
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d. Recommendations regarding crimes of violence involving the use or
threatened use of deadly force against law enforcement officers shall
be approved by the appropriate division chief or the chief prosecutor.
e. Recommendations regarding offenses defined in Title 8 of the Penal

Code (Offenses Against Public Administration), except those
involving public officials or official misconduct and those cases
which have been assigned to the Special Prosecutions Bureau or
Governmental Integrity Bureau, will be approved by a chief
prosecutor. If any questions exist, the division chief or higher
authority should be consulted.
f. Notwithstanding any of the foregoing, in a case of Burglary of a

Habitation, the prosecutor may not move to reduce the charge, or
agree to or recommend probation without approval of the appropriate
division chief.
g. The District Attorney will personally approve all recommendations

in cases involving public officials or official misconduct.
Note – a chief prosecutor has a positive duty to be aware of the existence of any of the
above-listed types of cases in his or her court, and must exercise close supervisory
control in those cases.
2. Misdemeanor cases
Recommendations in the following categories of cases must have the approval of
the designated supervisor:
a. Cases involving public officials or

official misconduct…………………………...District Attorney
b. All offers of deferred adjudication ………… court chief
c. Pornography cases …………………………..chief of Misdemeanor Division
d. Violence against law enforcement officers …chief of Misdemeanor Division
e. Gambling cases …………………………........chief of Misdemeanor Division
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f. Cases arising out of civil disruptions ….……..chief of Misdemeanor Division
g. Cases involving lengthy investigations and cases of great public interest or

notoriety..…………chief of Misdemeanor Division.
3. The use of probation and deferred adjudication (felony and

misdemeanor cases).
a. Probation (the terms ―probation‖ and ―community supervision‖ may

be used interchangeably herein)
(1) Probation may be recommended for third degree felonies of a non-

violent nature, state jail felonies, and misdemeanors where the
defendant is not a professional criminal and has no previous felony
convictions. Probation may be appropriate for second degree
felonies, but there should be a higher degree of mitigating
circumstances.
The recidivism rate for probationers is generally lower than for ex-
convicts. Of course, this is to be expected, as generally the better the
risk, the more likely one is to receive probation. Probation keeps the
defendant employed and leading a useful life and creates great
savings in tax dollars to our citizens.
These questions should be asked: can the defendant live out his
probation, and will society receive ample protection through a
probated sentence?
Probation is usually not appropriate for burglary of a habitation;

therefore, is this an exceptional case? The victim of the burglary
shall be consulted in arriving at an answer to this question.
Should the case involve a crime of violence or a first or second

degree felony or the defendant has a past criminal history, then the
prosecutor must have an excellent reason for recommending
probation. Other criteria have already been mentioned, not the least
of which is: would the judge or jury likely grant probation after a
full-scale trial? This is important, but not controlling.
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(2) Probation shall not be recommended for first degree felonies, or
felony recidivist cases; provided, however, the appropriate division
chief may authorize such a recommendation upon a showing of good
cause in a specific case. No case shall be reduced in order to
circumvent an office policy.
(3) Probation shall not be recommended in cases in which a defendant

has committed a felony while on bail for another felony; provided,
however, a chief prosecutor may authorize such a recommendation
upon a showing of good cause.
(4) Any prosecutor with the ultimate authority to make a

recommendation who evaluates a particular case as an appropriate
one for a recommendation of probation, but who is otherwise
prohibited herein from making such a recommendation, shall seek
approval to make a probation recommendation from the proper
authority.
There have been, and there will be, cases in which blind adherence to
specific rules and directives will cause an unjust disposition, or a
needless expenditure of criminal justice resources. When that
appears to be true in a particular case, each prosecutor has the duty to
seek relief from a policy or directive that causes, or appears to cause,
such a result. Relief may be obtained by appealing to the appropriate
supervisor or the First Assistant.
(5) The "good cause" for a recommendation, as that term is used herein,
shall be set forth in a written memorandum in the case file,
specifically setting out the reasons an exception has been made to a
policy directive. Each statement of good cause shall be signed by the
person authorized to make such an exception, and shall remain a
permanent part of the case file.
(6) When in doubt, ask a supervisor and record your actions in writing in
the case file.
b. Deferred adjudication.
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(1) Deferred adjudication may be considered when probation would be
appropriate under subsection (a), above, with the court chief’s
approval.
Each chief prosecutor should carefully screen the pleas in his or her
court to make certain that deferred is not being routinely granted
simply because the defendant is eligible for it. Deferred adjudication
should be a recommendation based on the specific facts of the given
case, including, but not limited to, the defendant’s age and
background, the nature of the offense, and the substantially
decreased likelihood of future criminal conduct. The fact that a
particular judge has a history of increasing the sentence when
appropriate, upon an eventual adjudication of guilt, is a relevant, but
not controlling, factor to take into consideration when deciding
whether to recommend deferred adjudication.
(2) When office policy limits the use of probation, the same limitations
apply to recommendations of deferred adjudication.
4. Fines
Fines are a useful deterrent, and should always be considered. When a fine and a
probated sentence are assessed at the same time, a prosecutor should encourage the
court to order that the fine be paid. Fines must depend in large measure on the ability of
the defendant to pay. A large fine should not be recommended for one who is indigent.
Fines should not be used as an alternative to incarceration as the ability of a person to
pay should not effectively reduce his punishment when compared to other persons
similarly situated, but with lesser ability to pay.
5. Community service
Community service can be an important piece of the penalty puzzle. It is
especially useful when determining the price a young, poor, or non-career criminal
defendant will pay for violating the law. Community service is a positive form of
punishment that a defendant must perform for himself. Unlike a fine, no one but the
defendant himself can satisfy this debt to society. Community service can also have
some rehabilitative value for the defendant who must give some of himself back to the
community. The use of community service is clearly a discretionary matter not subject
to exacting formulas. Its use, if any, must be determined on a case-by-case basis within
the statutory guidelines.
6. Pretrial intervention
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Authorization for the diversion of a defendant from the regular criminal justice
track may be found in section 76.011 of the Government Code. Authorization for the
collection of fees from the defendant may be found in articles 102.012 and 102.0121 of
the Code of Criminal Procedure.
All pretrial interventions shall be approved by a supervisor of division chief level

or higher.
This form of sanction should be used under circumstances in which the accused
would clearly be eligible for probation or deferred adjudication. Pretrial intervention
should never be the default recommendation for any type of offense or class of
defendant. There must exist supporting and documented reasons for the intervention,
typically involving unusual consequences for the defendant which are far out of
proportion to the gravity of the offense or the degree of his culpability.
Supervisors should be guided by the following considerations in determining

whether a defendant is an appropriate candidate for pretrial intervention:
1. Pretrial intervention for a felony offense should be used only when

the facts and circumstances clearly warrant such an exercise of
prosecutorial discretion and must be clearly documented and
permanently placed in the State’s file.
2. No pretrial intervention shall be granted in the following types of

cases without the approval of the District Attorney or, in her
absence, the First Assistant: (a) a homicide; (b) a first degree felony;
(c) an offense committed by a public servant in his official capacity.
3. Pretrial intervention should most often be reserved for youthful

offenders with minimal criminal history who commit non-violent
offenses.
4. Preference should be given to offenders who can demonstrate actual

career or educational goals which would be significantly hampered
by a criminal record.
5. Preference should be given to offenses which do not suggest a

significant level of moral turpitude on the part of the offender. For
instance, pretrial intervention should rarely be given in employee
theft situations.
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6. In controlled substance cases, preference should be given to offenses
involving small quantities of substances possessed for personal use,
and pretrial intervention should rarely be given in cases of delivery
of, or possession with intent to deliver, a controlled substance.
Preference should be given to offenders who volunteer to participate
in a treatment program.
If pretrial intervention is granted, the Pretrial Intervention Form used by this

office shall be completed, placed in our file, and filed with the court. The reasons for
granting a pretrial intervention shall be stated in writing and attached to the State’s file
only. If the defendant breaches the agreement, then the case shall be re-docketed on the
court’s docket and the State shall proceed with the prosecution of the case.
The period of supervision required in connection with a pretrial intervention

cannot exceed two years. The assistance of the community supervision and corrections
department may be requested by the court in connection with its approval of the
intervention agreement.
No representations regarding eligibility for expunction of the records of an arrest

resulting in a pretrial intervention shall be made by anyone other than the General
Counsel to the District Attorney or his assistant.
Pretrial intervention under the office’s DIVERT Program is addressed in Chapter

7 of this manual.
SECTION 10.5. TERMINATION OF PROSECUTION
(a) General statement

One of the most important discretionary acts of the prosecutor is the authority to
dismiss a case. No case shall be dismissed unless there is good cause. Although the
court must approve any dismissal, for practical purposes, this action by the judge is a
ministerial act. The court has no power or constitutional authority to move for the
dismissal or to unilaterally dismiss a pending prosecution. This is the prosecutor’s sole
prerogative.
There are numerous reasons why cases are dismissed. The more common reasons
include:
1. Plead guilty on other charge;

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2. In custody elsewhere;
3. Old case, no arrest;
4. Missing witness;
5. Request of complaining witness;
6. Motion to suppress granted;
7. Co-defendant tried, this defendant testified;
8. Insufficient evidence;
9. Co-defendant convicted, insufficient evidence on this defendant;
10. Case refiled;
11. Other.
In every event of a dismissal, there should be a written explanation of the reason for the
dismissal in the permanent file, with the printed name of the assistant district attorney.
(b) Dismissal of prosecution

The basic purpose of these guidelines is to make of public record an accurate
statement concerning the dismissal of prosecution. All reasons for a dismissal shall be
fully articulated in the file.
1. In general, dismissals shall be discouraged
(a) When multiple indictments or counts are involved, a conviction on

each will be sought where the evidence justifies it. This general
policy statement recognizes that practical considerations may justify,
in some circumstances, dismissal of multiple indictments or counts.
(b) Careful screening at Intake and proper preparation prior to Grand

Jury presentation should provide the quality of a case worthy of
prosecution. Any unnecessary dismissal, therefore, reflects not only
upon the individual prosecutor, but upon the office as a whole.
CAVEAT: The Grand Jury should not, however, be used to ―dump‖ cases so as to
avoid the requirement that dismissals have appropriate approval and proper
documentation. With the exception of those cases that are mandated for Grand
Jury presentation, cases, which would be presented with a recommendation of a
―no-bill‖, should generally be dismissed with appropriate documentation of
reasons.
2. Authority to Dismiss
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(a) Policies set out in ―The Prosecutor’s Discretion‖ shall be strictly
followed.
(b) Any case involving considerable public interest or notoriety will be

brought to the attention of a bureau chief and discussed prior to
dismissal.
3. Procedure for Dismissal
(a) All motions to dismiss shall be in writing and filed in the papers of
the court. The prosecutor shall place an exact copy of the motion in
the office file.
(b) All motions shall be signed by the assistant district attorney

authorized to dismiss the case. The motion for dismissal shall
contain a clear and accurate reason why prosecution should be
terminated. If a need for confidentiality exists, the motion should so
state and reflect the concurrence of the bureau chief. The bureau
chief will submit the confidential reason for dismissal, in writing, to
the District Attorney or First Assistant.
(c) The reason for dismissal shall be indicated on the exterior of the
office file folder by selecting one of the choices available. There
shall also be noted elsewhere, in or on the file as the case may be, the
reason for dismissal with sufficient specificity to allow an
explanation for such action to be intelligently made long after
memories have faded. If a need for confidentiality exists, place the
explanation inside the office file, or alternatively, submit the
confidential reason for dismissal to the bureau chief so that some
record may be made as to the actual grounds for terminating
prosecution. The name of the prosecutor giving the reason for the
dismissal shall always be printed on the file.
4. Specific Policies and Guidelines
(a) Dismissing cases or counts where defendant pleads guilty on

companion case or count. Generally, a plea of guilty should be
taken on each count or each indictment as opposed to negotiating a
plea on one or more counts or indictments in exchange for a
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dismissal on another. However, when a defendant insists he is
innocent on an indictment or count of an indictment and the
prosecutor is of the opinion the punishment given on the plea of
guilty is sufficient in light of the entire criminal episode or conduct,
the prosecutor may seek dismissal as opposed to a trial. This belief
and reasons therefore should be articulated in the written motion to
dismiss. Docket management is a valid consideration in deciding to
avoid an unnecessary trial where a defendant receives substantially
the penalty deserved, all things considered.
(b) In custody elsewhere. If the defendant has been convicted and is

serving a sentence in another jurisdiction and the time or the costs
involved in returning him to this jurisdiction are not justified by the
seriousness of the case, a dismissal may be entered; however, this
circumstance shall be clearly articulated in or on the file.
(c) Old case, no arrest. These dismissals are not automatic, and
individual decisions will be made in accordance with office policy:
 Old no-arrest murder cases will not be dismissed, but will be sent to
the Cold Case/Fugitive Apprehension Section.
 First degree felonies will be reviewed for dismissal after five years if
no arrest, other felonies after three years.
 Investigators should periodically review ―no arrest‖ files to

determine what attempts at apprehension have been made since
indictment and these should be noted on the motion for dismissal.
Make a written notation of all efforts made to effect an arrest and
permanently place the notation in the State’s file.
 Serious cases or those, which involve substantial public interest,

should be transferred to the Cold Case/Fugitive Apprehension
Section prior to considering a dismissal.
(d) Missing witness. Any motion to dismiss based upon a missing

witness (or witnesses) shall describe why the witness is essential to
prosecution and what attempts have been made to locate the witness.
In the event that the defendant is in custody, the prosecutor shall
attempt to lower bail, or to recommend a personal bail in lieu of
dismissal, where it is believed that the witness may be found with
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additional time. All reasonable efforts shall be made to find missing,
essential witnesses prior to moving for dismissal. Such efforts shall
be described in writing and permanently placed in the State’s file.
(e) Request of complaining witness. When a dismissal is entertained

because it is the desire of the victim or complaining party, an
affidavit signed by the person making the request in the presence of
the prosecutor or an investigator should support such motion. In lieu
of an affidavit, a signed statement by the person, witnessed by a
prosecutor or investigator, should be obtained. All evidence of such
request shall be permanently placed in the State’s file.
In cases involving family violence as defined in Chapter 71 of the

Family Code, it shall be the policy of this office that charges are not
to be dismissed merely at the complainant’s request. Whenever a
complainant requests that charges be dropped, the prosecutor shall
conduct a thorough review of all reports and available information
(including photographs, medical records, prior incident reports, etc.)
and determine: (1) whether the case can be prosecuted without the
cooperation of the complainant and, if so, (2) whether it is in the best
interest of justice to proceed without the cooperation of the
complainant. Where it appears that information might be available
from third party witnesses, the prosecutor shall interview all such
witnesses prior to making the determinations above. Unless it can be
clearly articulated why this is unnecessary, you shall refer these
cases to the Family Criminal Law Division before final
determination of a dismissal is made.
Any motion for dismissal on this basis shall reflect therein that a
copy of the party’s statement is attached to the State’s file copy of
the motion, unless there exists a need for confidentiality. In any
event, a copy of the affidavit or statement shall become a permanent
part of the office file unless confidentiality requires the procedure
described in subsections 3(b) and (c) above.
Although a request made in this manner will always be taken into

consideration, the fact that such a request is made will not
automatically result in dismissal. Each prosecutor shall be cognizant
of the fact that criminal process, including prosecution, will not be
used as a means of enforcing any civil action, recovering property, or
collecting a debt. If criminal charges have been filed and the
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complainant is requesting dismissal, the prosecutor should be aware
of section 36.05, Texas Penal Code (Tampering with a Witness).
Any law enforcement officer or agency requesting a dismissal for
any reason other than insufficient evidence shall be referred to the
Special Prosecutions Bureau. For this purpose ―insufficient
evidence‖ includes those cases where the wrong person is charged or
further investigation shows that the person charged is actually
innocent.
Any request that contains Brady information shall be immediately

disclosed to the defense, even if a plea has already been negotiated.
(f) Motion to Suppress Granted and appeal cannot be taken. A

summary of the suppression hearing testimony should be set out in
the motion to dismiss. The motion should also indicate that the case
cannot be successfully prosecuted without the suppressed evidence.
(g) Co-defendant tried, this Defendant testified. Testifying against a

party in a case can be an indication that rehabilitation of the
defendant has already begun. Cooperation with law enforcement
authorities should be encouraged, but it is often subject to
manipulation by clever criminals. Using a party as a State's witness
should always be carefully considered prior to agreement. Under no
circumstances will any prosecutor without the prior approval of the
District Attorney, or the First Assistant if delegated by the District
Attorney, extend grants of immunity. Such approval shall be in
writing and made a part of the case file. Care should be taken to
avoid dismissal of cases where the defendant has a history of
avoiding responsibility by testifying against accomplices but again
engages in criminal activity.
(h) Insufficient evidence. Theoretically, with 100% effective screening,

a dismissal for insufficient evidence should not occur. This category
will only be used if there has never been sufficient admissible
evidence to obtain and sustain a conviction. Reasons for dismissal
must be checked on the nolle form and on the felony file folder. In
addition, the felony file must contain an articulate explanation for
dismissal. If a dismissal is based on item 8, 9, 10 or 11, as indicated
on the nolle form and the felony file folder, a detailed explanation
shall be written on both the nolle and in or on the file folder.
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(i) Co-defendant convicted, insufficient evidence this defendant.
This may occur where the convicted defendant’s testimony
establishes that his co-defendant was innocent or, if it is a possessory
crime, his possession was exclusive. These facts shall be clearly
explained on both the nolle form and in or on the file folder.
(j) Other. The reasons to be explained under this section should be

circumstances, which affect the sufficiency of the evidence after
indictment, such as:
1. A forced announcement of ―ready‖ by the court and a material

witness was temporarily unavailable.
2. A witness changed testimony from that reflected in the offense

report. A written statement of the facts (under oath, if
possible) should be attached to the file copy of the nolle.
3. A witness failed to identify the defendant, although a previous

identification was shown in the file. Follow procedure for
subsection 2, above.
4. Hung jury, and testimony was as good as possible but the

probability of conviction was slight.
5. A co-defendant was acquitted and the probability of obtaining

conviction of this defendant is slight.
6. Absence of crucial physical evidence; indicate custodian and

circumstances surrounding absence.
7. Negative results shown in final laboratory report, including

DNA evidence that tends to cast doubt on the defendant’s
guilt.
8. Newly discovered evidence, such as an incontrovertible alibi

or DNA evidence that shows that the defendant is innocent.
Support statement of reason for dismissal with documents if
possible.
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9. Denial of constitutional ―speedy trial‖ may be grounds to
dismiss an indictment, but the facts must be thoroughly
explained.
10. For any other reason, specify in detail.
When a prosecutor dismisses a case, he should not only note on the file the
basic reason, but he must explain the reason for the dismissal in detail on the
special form provided for this purpose. The dismissal form shall contain a full
explanation should any question about the case arise at a later date.
(c) Supervisory control of dismissals
1. Felonies
The decision to dismiss shall be made as follows:
(a) Capital cases must have the approval of the District Attorney, or in
her absence, the First Assistant.
(b) Cases involving public officials and official misconduct must have
the approval of the District Attorney, or in her absence, the First
Assistant.
(c) Homicide cases must have the approval of the appropriate felony
division chief or the chief of the bureau handling the case.
(d) Special Prosecutions Bureau cases must have the approval of the
appropriate division chief of the Special Prosecutions Bureau or
above, if a Special Prosecutions prosecutor is handling the case. If a
Special Prosecutions prosecutor is not handling the case, then the
chief prosecutor of the court or above.
(e) Cases assigned to other specialized divisions (Check Fraud,

Environmental Crimes, J.P. Court, Family Violence, Crimes Against
Children, etc.) must have the approval of the chief of the division.
Cases originating in the specialized division, but assigned to a trial
court prosecutor, must have the approval of the trial court prosecutor
consistent with the level of approval required in the Trial Bureau.
(f) All other felonies must have the approval of the chief prosecutor of
the court. Exception: when the chief prosecutor is unavailable, then
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in an emergency, the prosecutor assigned the case may dismiss, but
he must seek approval of the chief prosecutor afterward. Should the
chief prosecutor not concur, he will bring the matter to the attention
of the division chief.
2. Misdemeanors
The decision to dismiss shall be made as follows:
(a) Public officials and cases of official misconduct must have the
approval of the District Attorney.
(b) Title 8 offenses such as coercion of and gifts to public servants

(other than elected officials, which shall require approval of the
District Attorney), unlawful practice of medicine, an offense of
substantial notoriety or public controversy, gambling (not handled by
the Special Prosecutions Bureau) and pornography cases must have
the approval of the appropriate division chief.
(c) Cases handled by the Special Prosecutions Bureau must have the
approval of the division chief in the Special Prosecutions Bureau.
(d) All other misdemeanor cases must have the approval of the chief
prosecutor of the court, unless the chief is unavailable, and then it
may be dismissed in an emergency with approval from the chief or
deputy chief of the Misdemeanor Division, the chief of the
Professional Development, Community Protection & Ethics Bureau,
or lastly, another county court chief.
(d) Dismissal of felony charge prior to indictment

A finding by a magistrate of no probable cause does not automatically terminate
prosecution. The case may be presented to a grand jury even though the magistrate has
ruled there is no probable cause. The approval to present a case of this type to a grand
jury will be made by the chief prosecutor of the court. If the prosecutor makes the
decision to recommend dismissal of a charge prior to indictment, the approval required
is the same as that specified in section (c) above.
(e) No-bills
Seeking a no-bill from a grand jury is generally not an acceptable way of
terminating a prosecution. A prosecutor who believes that a case should be terminated
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should carefully investigate and document the reasons for a motion to dismiss the
complaint, rather than pass the responsibility for the decision to grand jurors.
The return of a no-bill should ordinarily fall within one of four categories:
1. When the case is one mandated for grand jury presentation, but the facts
and law are such that the prosecutor recommends a no-bill, e.g. a justifiable
homicide.
2. When a case or an investigation is presented to a grand jury and the

evidence and testimony produced before the grand jury are such that the
grand jury returns a no-bill.
3. When the case is marginal and the prosecutor made no recommendation to

the grand jury.
4. When a true-bill was warranted and the grand jury acted erroneously, in the
opinion of the prosecutor.
In situation 1, the prosecutor shall document the reason for the recommendation
of a no-bill. The file shall be returned to the appropriate court or division for review by
the court or division chief.
In situations 2 and 3, the prosecutor shall record the prosecutor’s belief about the
probable reason for the no-bill. The file shall be returned to the appropriate court for
review by the court chief.
In situation 4, the prosecutor shall attempt to ascertain the reason for the no-bill.
The assistant will return the file to the district court chief along with his
recommendation as to whether the case should be re-submitted to the grand jury.
Generally, a case will not be re-submitted if ALL of the facts were presented to the prior
grand jury. A re-submission is usually appropriate only if new facts are discovered
subsequent to the first presentation. Should the district court chief believe the matter
should be re-submitted, he shall consult with his division chief and then consult with the
District Attorney for a final decision. Any re-submission shall be made to the grand jury
that first entered the no-bill, if that grand jury is still in term, unless otherwise
authorized by the District Attorney. If presented to another grand jury, that grand jury
will be told that the case was previously presented to a grand jury, which no-billed the
case.
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If the Special Prosecutions Bureau or another specialized division handled the
case, the prosecutor handling the case shall follow the procedure outlined above, but the
case shall be reviewed by the prosecutor’s bureau chief.
No case shall be re-presented in situation 4 without the express approval of the

District Attorney, preferably in writing. If the District Attorney's consent is not in
writing, the prosecutor obtaining such consent shall prominently note in the file when,
and under what circumstances, the District Attorney's consent was obtained.
Each new grand jury is made aware of this policy.
SECTION 10.6. REINSTITUTION OF CRIMINAL CHARGES
Reinstituting a criminal charge can cause considerable hardship to an accused,

particularly if he has been no-billed by a grand jury and believes the matter concluded.
Special precaution should be taken in the reinstitution of charges.
1. Seeking a true-bill after a no-bill. See section 10.5(e) above.
2. Felony cases. Seeking a true-bill after a dismissal requires the approval of

the division chief or higher authority, unless there is a technical error in the
pleading.
3. Misdemeanor cases.
(a) Refiling an information in a misdemeanor case will require the

permission of the misdemeanor division chief (or the deputy division
chief in the division chief’s absence) unless there is technical error in
the pleading.
(b) The decision to refile or indict a misdemeanor as a felony requires

the approval of the misdemeanor division chief (or the deputy
division chief in the division chief’s absence).
4. Cases handled by specialized divisions. Seeking re-indictment or refiling of

an information after dismissal requires division chief approval.
5. Error in pleading. If there is an error in the pleading (for example, the

wrong pleading was used or there is a grammatical error in the pleading),
the prosecutor assigned the case may ask for indictment or refile an
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information without seeking supervisory approval, providing there is no
attempt by a misdemeanor prosecutor to elevate a misdemeanor to a felony.
6. If a felony is dismissed to be refiled as a misdemeanor, the dismissing

prosecutor shall cause the misdemeanor to be filed. Please see section
10.3(f) with regard to the matter of bail in such cases.
SECTION 10.7. EXTRADITION
The First Assistant shall personally authorize any expenditure for extradition
purposes. Any prosecutor requesting extradition shall note that fact prominently on the
file after it has been determined that the State will prosecute the case. Do not request
extradition unless you are sure the case is a prosecutable one, i.e., the witnesses are still
available and their testimony and the other available evidence are sufficient for
conviction by a jury, etc.
The decision to extradite on a misdemeanor case requires the approval of the

chief of the Misdemeanor Division and the First Assistant.
With regard to international extraditions, it is imperative that one sheriff’s deputy

accompany one U.S. marshal, rather than two U.S. marshals going to retrieve the
defendant from another country. Therefore, if you receive a phone call or
correspondence requesting that you state your desire to have a ―state representative‖
accompany the U.S. marshal, your answer should always be ―yes‖ if the extradition has
already been approved.
To accomplish the extradition itself, please refer all questions to the Extradition
Administrator.
SECTION 10.8. USE OF SPECIAL PROSECUTORS

No person shall authorize or agree to the appointment of a special prosecutor
without approval of the District Attorney.
SECTION 10.9. COMMENCEMENT OF AN INVESTIGATION
No person may initiate a criminal investigation within this office unless that
investigation relates to a filed, pending case, except as follows:
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1. The District Attorney or the First Assistant may specifically authorize an
investigation by any member of the staff as the need may arise.
2. No investigation of any staff member of the District Attorney’s Office shall

commence without the prior approval of the District Attorney or, in her
absence, the First Assistant.
3. The Special Prosecutions Bureau and the Governmental Integrity Bureau of

this office are authorized to conduct criminal investigations at the direction
of the District Attorney, First Assistant, or chief of those bureaus.
4. This policy does not pertain to situations which arise through the normal
and usual functions of Intake. This does not place any limitations on the
giving of advice or assistance to requesting law enforcement agencies
through the normal and usual functions of Intake. This policy is not to be
construed as any limitation upon giving proper, legal advice to any
requesting law enforcement agency at any time.
This directive shall not prevent or prohibit any prosecutor from accepting
information brought to the District Attorney’s Office from any source. However, the
acceptance of any file, statements, or evidence does not mean that we have commenced
a formal investigation. No public comment should be made concerning the receipt of the
material or the request for investigation. The proper response of the prosecutor will be
―no comment‖ or ―please contact the District Attorney or First Assistant.‖
Our office is not primarily an investigating agency, except in the fields of public
corruption, consumer fraud, complex financial crimes, organized crime, etc.—although
in the last specified area, we are usually assisting another law enforcement agency that
has already begun an investigation.
This directive does not prohibit further investigation of a case assigned to any
prosecutor through Intake, the grand jury process, or any specialized division.
Neither members of the news media nor private citizens will accompany
personnel from this office in the execution of arrest or search warrants without the
approval of the District Attorney or the First Assistant.
SECTION 10.10. CERTIFICATION OF JUVENILES TO BE TRIED AS

ADULTS AND FILING FOR DETERMINATE SENTENCING
Juvenile prosecutors shall screen all of the following type cases for certification:
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(1) Capital murders (where the juvenile is 14 years or older at the time of offense)
(2) Murders (where the juvenile is 14 years or older at the time of offense)
(3) Aggravated Robberies (where the juvenile is 14 years or older at the time of offense)
(4) Other eligible juveniles who merit transfer based on age and the offense as provided
for in Section 54.02(a) of the Texas Family Code.
These cases shall be summarized by the prosecutor responsible for the case and
presented to the chief of the Juvenile Division and the chief of the Trial Bureau, in order
to determine whether certification will be sought. The chief of the Trial Bureau will
make the decision to seek certification. The chief of the Juvenile Division, subject to the
process described above, may request certification on other cases in which the defendant
is eligible under the law.
All eligible offenses under the habitual felony conduct and violent offender
statutes committed by a juvenile 10 years of age or older shall be presented for possible
filing under the determinate sentencing law to a chief prosecutor or the chief of the
Juvenile Division. If the case is approved for prosecution under the determinate
sentencing law, the prosecutor responsible for the case shall present the case to the
grand jury. Any decision to forgo determinate sentencing prosecution must be approved
by the chief of the Juvenile Division.
SECTION 10.11. ISSUANCE OF SUBPOENAS

Generally. Any prosecutor may issue a grand jury or trial court subpoena for
persons or records necessary to the prosecution of a case for which he is responsible. A
subpoena will not be issued to harass any citizen. As few witnesses as possible will be
subpoenaed for routine examining trials. Where there is any question with regard to
material testimony, prosecutors are encouraged to subpoena witnesses for an examining
trial or the grand jury in order to properly develop the case.
Subpoenas to Public Officials. No subpoena will be issued to a public official

without the permission of the District Attorney. Such permission is not needed if:
(1) the public official is a witness to a crime, or can testify to material facts,
e.g., as the result of having witnessed the signing of a confession;
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(2) when such person is to bring routine and ordinary business records to the
court or grand jury as the custodian of records;
(3) when a change of venue hearing is involved; or
(4) when the witness volunteers to appear or requests that a subpoena be

issued.
Subpoenas to the Media. Before preparing and serving a subpoena to a member

of the print, radio or television media, you are directed to read Article 38.11 of the Code
of Criminal Procedure, which details the qualified privilege accorded journalists in
criminal proceedings.
If you believe that an application for issuance of a subpoena to a journalist is

authorized under Article 38.11, you must transmit a written memorandum to your
division or bureau chief, as appropriate, detailing the provable factual basis for meeting
the statutory exceptions to the journalist’s qualified privilege. Final approval for the
application for a subpoena of a journalist must be obtained from the District Attorney,
because by law, such an application must be signed by the elected District Attorney.
Exceptions. Prior approval and signature from the District Attorney need not be
obtained for the following subpoenas to a journalist:
 Subpoenas seeking information, documents, or items that have at any time been
published or broadcast by the journalist.
 Subpoenas seeking information, documents or items obtained or prepared by a

journalist while not acting as a journalist. For example, a subpoena to a journalist
for written estimates he or she obtained for repairing damage to his home caused
by a burglary does not require prior approval.
Grand Jury Subpoenas. Grand jury subpoenas shall not be issued for a case that
is not being considered for prosecution. No grand jury subpoena shall be issued after an
indictment has been returned, unless the case is being presented to a grand jury for a
different indictment or a reindictment. In misdemeanor cases, no grand jury subpoena
shall be issued after the case has been filed unless it is to be presented to a grand jury for
consideration of different or additional charges.
The form to be used for a grand jury subpoena is available on our office computer
network in the ―forms‖ directory. All grand jury subpoenas shall have either an
imprinted or rubber-stamped office seal affixed to the subpoena. The log manager at
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Intake has custody of these two forms of the office seal. The division chiefs also have
custody of both forms of the seal.
The name of the investigating agency and its offense report number shall also be
noted on the subpoena.
When a grand jury subpoena is issued, the prosecutor should instruct the person
serving the subpoena to make a return of the subpoena to the bailiff in charge of the
grand jury before which the witness is to appear. If the return is made to the prosecutor
issuing the subpoena, or to the Intake Division or some other division of the office, the
return shall be forwarded to the chief of the Grand Jury Division, who shall see that it is
returned to the proper grand jury bailiff.
The prosecutor shall also place a copy of the grand jury subpoena and any return
in any case file related to that grand jury investigation. If there is no current case file
related to that grand jury investigation, a copy of the grand jury subpoena and return
shall be placed in a general grand jury subpoena file maintained by the District
Attorney's Office division from which the investigation originated (e.g., Intake, Major
Offenders, White Collar Crime, Consumer Protection, etc.).
SECTION 10.12. ISSUANCE OF SEARCH WARRANT OR ARREST

WARRANT FOR PURPOSE OF INVESTIGATION
Intake assistants are charged with the duty of assisting law enforcement agencies
with the drafting and issuance of search warrants, and arrest warrants prepared in the
filing process.
A ―to be‖ arrest warrant issued at Intake necessitates the filing of a criminal
charge. If probable cause exists but the officers need to do additional investigation, such
as a line-up, and the officers need an arrest warrant, the arrest warrant will be issued and
charges filed with the district clerk. The assistant filing the case will include the
―warrant with follow-up‖ form. The prosecutor will state the specific evidence that is
necessary before the case can be presented to a grand jury. A copy of this form will stay
with the case file and also be given to the officer filing the charge and the chief of the
Intake Division. The case will be dismissed if the additional evidence is not obtained.
A ―to be‖ arrest warrant may also be issued when probable cause exists for the
arrest of the suspect, but it is not presently desirable to file a complaint at Intake. These
cases shall be referred to the Special Prosecutions Bureau or the Governmental Integrity
Bureau for possible preparation of a ―pocket warrant‖ as described below.
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A copy of any arrest warrant, search warrant, or combination search/arrest
warrant prepared by the Special Prosecution Bureau shall be kept in the offices of the
Major Offenders Division, except those prepared by personnel of the Consumer
Protection Section shall be kept by the secretary of that section. The Governmental
Integrity Bureau secretary will keep a copy of warrants issued by prosecutors in that
bureau.
A ―pocket warrant‖ (a ―to be‖ arrest warrant issued without the filing of charges)
shall only be issued by the Special Prosecutions Bureau or the Governmental Integrity
Bureau. No pocket warrants may issue from the Intake Division. These stand-alone
arrest warrants, locally known as ―pocket warrants,‖ will be based on probable cause,
signed by a neutral magistrate and executed within thirty days, absent any extensions.
These arrest warrants are to be used in situations where probable cause exists to believe
a person has committed a crime but where proof beyond a reasonable doubt does not yet
exist.
There can be strategic advantages for officers to obtain a stand-alone arrest

warrant without filing charges by helping them investigate criminal activity (where
probable cause exists to arrest). An arrest warrant assists officers by allowing them to
attempt to talk to suspects, place suspects into a live line ups, etc. Using these arrest
warrants benefits the justice system in that formal charges are not initiated before they
are warranted and if additional proof is not developed, suspects are freed without
unnecessary delay within the time required by law.
It is the policy of this office that a return will be made to the District Clerk once a
―pocket warrant‖ is executed. A return will also be made on a pocket warrant that is
unexecuted within thirty days, absent any extension of time, or absent an exception to
the policy on return of the warrant being granted by the First Assistant or the Chief of
Special Prosecutions Bureau or Public Integrity Bureau. In addition, in order to track
these warrants, the officer involved is required to fax a cover sheet explaining the
outcome to the relevant Administrative Assistant within thirty days of the warrant being
signed.
Forms follow this section.
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POLICE WARRANT NOTIFICATION FORM
The arrest warrant that you have been provided is to be executed within thirty days of the day it is signed. If you do not
execute it within the thirty (30) day period you are to return the unexecuted warrant to the District Clerks Office,
unless instructed otherwise by the prosecutor who prepared the warrant. If you need more than the thirty days to find
and arrest the defendant contact the Special Prosecutions prosecutor who prepared the warrant and let him/her know.
AFTER YOU HAVE EXECUTED THE WARRANT, PLEASE RETURN IT TO THE DISTRICT CLERK’S OFFICE ON THE
3RD FLOOR OF 1201 FRANKLIN. YOU WILL BE GIVEN A CERTIFIED COPY FOR YOUR RECORDS.
After you have returned the warrant to the clerk’s office, ** fax this completed form and a copy of the first page of the
warrant to Anna Avalos at fax# 713-755-8818 or 713-755-5915
Any questions call 713-755-6178.
**Upon arrest with a warrant the law requires that charges be filed within 48 hours. Also please indicate in your JIM’s
summary that the defendant had been arrested pursuant to a warrant in order that the magistrate is aware that the new law
does not apply to these individuals. Please call special crimes if there is any confusion.
ALWAYS FILL THIS PART OUT
Name and description of Defendant AS ON WARRANT (example, FNU LNU ?/M; DOB, height weight,
coloring, scars, etc.) ___________________________
_________________________________________________________________
Date warrant drafted ________________________________________________

Prosecutor who drafted ______________________________________________
Fill this part out ONLY IF Defendant was, Arrested and Charged
Name or description of Defendant as on warrant __________________________

_________________________________________________________________
Date arrested ______________________________________________________

DIMS transaction number or case number and court _______________________
Fill this part out ONLY IF Defendant was Arrested and then Released

_________________________________________________________________
Date defendant arrested ______________________________________________

Date defendant released ______________________________________________
Fill this part out ONLY IF Defendant was not Arrested, and warrant has been turned into the Clerk’s Office.

__________________________________________________________________
Date unexecuted warrant was returned to District Clerk _____________________
___________________________________
Officer’s Signature/Agency/ Pager No.
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PROSECUTOR’S WARRANT COVER SHEET
TO: Anna Avalos, Secretary

Major Offenders Division
Ph# 713-755-6178 Fax# 713-755-8818 or 713-755-5915
Check Appropriate Warrant Below:
Attached is a copy of the SEARCH WARRANT; ARREST WARRANT; or

COMBINATION SEARCH & ARREST WARRANT; Drawn up by the below listed A. D. A.
DATE WARRANT ISSUED: ___________________________________
NAME OF AFFIANT: ___________________________________
AGENCY: ___________________________________
AFFIANT’S PHONE/FAX: __________________________________
AFFIANT’S EMAIL __________________________________
ISSUING A. D. A.: __________________________________
DEFENDANT’S NAME: __________________________________
SEARCH WARRANT
LOCATION: __________________________________
__________________________________
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SECTION 10.13 DISCLOSURE OF EVIDENCE FAVORABLE TO THE
ACCUSED – THE BRADY POLICY
It is the primary duty of all prosecutors and their support staff not to convict, but
to see that justice is done. To this end, in the handling of each matter in this office, we
shall timely disclose to defense counsel all evidence that is favorable to the accused.
See Brady v. Maryland, 373 U.S. 83 (1963) and United States v. Bagley, 473 U.S. 667
(1985).
Evidence is favorable to the accused if it constitutes exculpatory, mitigating, or

impeachment evidence. Exculpatory evidence is that which tends to justify, excuse, or
clear the defendant from alleged fault or guilt. Evidence is mitigating if it tends to
mitigate the commission of the offense. Impeachment evidence is that which the
defense can offer to effectively dispute, disparage, deny, or contradict evidence offered
by the State. For purposes of this policy, it does not matter whether the individual
prosecutor believes the Brady evidence to be true or false, admissible or inadmissible.
Time to disclose: The policy of this office is that Brady materials are to be
disclosed to the defense at the time that such materials are learned by the State, or as
soon as possible thereafter.
Method of disclosure: In many instances an ―open file policy‖ will adequately

disclose Brady materials to the defense. The intent of the policy of this office is to
ensure that the defense actually discovers the Brady materials, if any, at a time and in a
manner that allows the defense the opportunity to use such evidence in determining
whether to plead a case or take the case to trial. To ensure that the defense actually
―knows‖ of the existence of the Brady materials, all prosecutors are encouraged to
specifically and expressly disclose those materials as soon as the Prosecutor is aware of
the materials. If the State knows about it, the defense should know about it. The manner
may be by motion, notation in the file that oral notice was given, or any manner that
ensures that the defense is aware of the Brady materials. Always document the
disclosure so that it is clear that our office has met or surpassed that which is required
by the Constitution and laws of this State and of the United States. This is a fundamental
fairness issue and every prosecutor should treat it as such.
The requirements regarding the disclosure of favorable evidence established by

state and federal statutes and constitutions, caselaw, and rules of professional ethics, set
forth the minimum duties of disclosure to which our prosecutors must adhere. Our duty
to deal fairly and equitably with all persons accused of a crime may well require
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additional efforts to ensure that evidence favorable to the accused is disclosed and
therefore, justice is done.
SECTION 10.14 PRETRIAL DISCOVERY IN CRIMINAL CASES -- OPEN

FILE POLICY
In all criminal cases prosecuted in the trial courts of Harris County, the District
Attorney is committed to providing defendants with information and evidence sufficient
to serve the purposes of pretrial discovery – i.e., due process for the defendant, effective
representation of the defendant by counsel, and the fair and just resolution of criminal
cases by plea, trial or dismissal.
Accordingly, assistant district attorneys shall participate in good faith in pretrial

discovery proceedings. Moreover, the staff of this Office will zealously comply with its
continuing obligation to reveal exculpatory or impeaching evidence to the defendant in
adherence to its constitutional obligations under Brady v. Maryland, 373 U.S. 83 (1963)
and United States v. Bagley, 473 U.S. 667 (1985).
It is the intention of the District Attorney that pretrial discovery be conducted, to

the fullest extent possible, by agreement between the State and the defendant. The
Office will provide a form Discovery Agreement to trial prosecutors to facilitate such
agreements.
If a defendant declines to participate in agreed pretrial discovery, the State’s

position regarding the scope of court-ordered pretrial discovery shall correspond to the
parameters set by the Office’s Discovery Agreement.
Within the parameters set by the Office’s Discovery Agreement or any orders of
the court, the State shall voluntarily disclose to the defendant all discoverable, non-work
product material within the District Attorney’s litigation file. Any variance from this
general policy must be approved in writing by the trial prosecutor’s supervisor.
Special care must be taken to ensure that confidential information is redacted

from the discovery materials disclosed to a defendant or his counsel. If there is a
question whether any particular information is confidential, the trial prosecutor shall
consult with a supervisor before releasing the information.
The foregoing rules apply only to pretrial discovery in criminal cases in the
county and district courts in Harris County. Post-trial, juvenile and civil discovery
proceedings are governed by applicable rules, statutes and constitutional provisions.
381
The form for the Discovery Agreement and Confidentiality Agreement follows.
382
To the Attorney of Record in the below-referenced cause(s):
Re: State of Texas v. _______________________________
Cause no.(s): __________________________________
Dear Counsel:
Pursuant to the District Attorney’s open file policy as detailed below and to
ensure compliance with any Court issued discovery order, the State will provide to you
for the benefit of your client’s defense in this case, the following:
1. Any and all exculpatory, mitigating or impeaching evidence in adherence to the

State’s constitutional obligation under Brady v. Maryland, 373 U.S. 83 (1963)
and United States v. Bagley, 473 U.S. 667 (1985).
2. The police offense report. Some information contained in the police offense
report may be protected from disclosure under local, state and/or federal laws;
therefore, the copy of the police offense report provided to you by the State may
contain redactions. Further, safety and/or privacy considerations may require me
to withhold certain victim and/or witness information. After receiving a copy of
the initial police offense report, you accept a continuing obligation to inspect the
State’s file as provided herein and request copies of any police offense report
supplements.
3. Reasonable access to the State’s file. You may come to the District Attorney’s
Office and review the State’s file at a mutually agreeable date and time. Please
understand that some of the information contained in the State’s file may be
protected from disclosure under local, state and/or federal laws. Safety and/or
privacy considerations may also require the State to withhold certain victim
and/or witness information. Further, this policy does not include access to the
State’s work product. The State agrees, however, to provide defense counsel full
access, as permitted by law, to the State’s file throughout the pendency of this
case. The State’s file will not be closed to you subject to your cooperation and the
terms of the attached non-disclosure agreement. Please contact the assistant
district attorney assigned to this case to arrange for a mutually convenient time
for you to review the State’s file. You accept a continuing obligation to inspect
383
the State’s file for any supplements or items received by the State and made a part
of its file during the pendency of this case.
4. Large document cases. In document intensive cases, please come to the District
Attorney’s Office and review the State’s file and separate the documents that you
want copied. Thereafter, the assistant district attorney assigned to the case will
review those documents for confidential or sensitive information, redact those
items, if possible, and then allow you to have your copy service make the copies
for you. Some of the information contained in the file may be protected by local,
state and/or federal laws such that copies cannot be made for you, but you will
have full access, as permitted by law, to those documents throughout the
pendency of the case.
5. The defendant’s known criminal history and any impeachable convictions of

witnesses subpoenaed by the State. These items, if any, will not be photocopied
for the Defendant, but may be inspected by you at a mutually agreeable time. A
juvenile’s criminal history will not be disclosed unless such juvenile criminal
history constitutes exculpatory or impeaching information.
As part of this discovery policy, you will be asked to sign the attached
confidentiality agreement. This agreement will confirm the following:
 You and any experts or qualified staff or consultants acting on your or your
client’s behalf under your direction/supervision, agree to use any
documents and/or items from the State’s file solely for the purpose of
defending against the charges in the above-captioned case and for no other
purpose.
 Any items provided to you, including copies of police reports, will not be
disseminated to the media, to the defendant, to the defendant’s family or
friends, or to any other person, except defense experts, qualified legal staff,
or legal consultants acting on your client’s behalf.
 The access you are provided to the State’s file and/or items therein does not
constitute a voluntary disclosure or waiver by the State under the Texas
Public Information Act.
 A defense attorney who acts in violation of this discovery policy may be

denied copies of police offense reports and/or access to the State’s files.
Should you have any questions, please contact me.

384
Very truly yours,
___________________________
Attachment
385
NO. _____________________
STATE OF TEXAS § IN THE DISTRICT COURT OF
V. § HARRIS COUNTY, T E X A S
_______________________ § ______ JUDICIAL DISTRICT
CONFIDENTIALITY AGREEMENT
TO THE HONORABLE JUDGE OF SAID COURT:
The State of Texas files this Confidentiality Agreement in the above-styled case
wherein counsel of record for the defendant agrees as follows:
I, ___________________________, hereby agree, individually and on behalf of

my client, to the following with respect to the State’s disclosure of information,
documents, or items in the above-reference cause:
 That I and any experts or qualified staff or consultants acting on my behalf

or my client’s behalf under my direction/supervision, agree to use any
documents and/or items from the State’s file solely for the purpose of
defending against the charges in the above-captioned case and for no other
purpose.
 Any items provided to me, including copies of police reports, will not be
disseminated to the media, to the defendant, to the defendant’s family or
friends, or to any other person, except defense experts, qualified legal staff,
or legal consultants acting on my behalf or my client’s behalf and under my
direction/supervision.
 The access I am provided to the State’s file and/or items therein does not
constitute a voluntary disclosure or waiver by the State under the Texas
Public Information Act.
 A defense attorney who acts in violation of this discovery policy may be

denied copies of police offense reports and/or access to the State’s files.
_________________________________
386
Counsel for Defendant
__________________________________
Date
Respectfully submitted,
_________________________
387
Redacting 101
Because we are now going to be releasing copies of the documents in our files, it
is very important to know what you are not allowed to release. Here is a list of
privileges and confidentialities that you need to consider when preparing the defense’s
copy of the State’s litigation file.
Reminder: None of the following privileges justify withholding Brady information. If

you are unsure whether the privileged or confidential information is Brady evidence,
check with your supervisor or consult with your appellate team member. You can
always submit the item in question to the court for in camera inspection.
(1) Work Product – Prosecutorial work product is information that: (A) is prepared
by an attorney representing the state in anticipation of or in the course of
preparing for criminal litigation; or (B) reflects the mental impressions or legal
reasoning of an attorney representing the state. This includes handwritten and
typewritten notations on memoranda, folders, Post-Its, legal pads, etc. It also
extends to information prepared by the prosecutor’s staff (i.e., secretary,
paralegal, investigator, case worker, financial analyst, etc.)
(2) Confidential Informant Identifiers or Contracts – Although there are usually

safeguards in place to protect against inadvertent disclosure of an informant, you
must carefully review the file to ensure that a confidential informant’s contract or
personal information will not be discovered outside the context of formal
discovery.
(3) Federal Investigative Materials – Federal investigative agencies like the FBI,
DEA, and ATF share their investigative materials with us pursuant to an
understanding that we will hold their records in confidence. Before releasing
these materials to opposing counsel, notify the case agent in charge of the
investigation of your intent to disclose the records. If the case agent requests that
you not disclose the report, notify your supervisor.
(4) Grand Jury Proceedings – Grand jury proceedings are secret absent a court
order authorizing disclosure. TEX. CODE CRIM. PROC. art. 20.02(a). This secrecy
extends to grand jury witness transcripts and records obtained by grand jury
subpoena. See Stern v. State ex rel. Ansel, 869 S.W.2d 614, 621 (Tex. App.-
Houston [14th Dist.] 1994) (―It must always be remembered, however, that
evidence and testimony presented to the grand jury remains in the possession of
that institution even though it is physically held by officials who take custody of
such records and files. . . . . As such, these matters are not subject to public
388
disclosure, and where the grand jury members have no authority to disclose, their
servants have no authority to disclose.‖) If an offense report references
information obtained by grand jury subpoena, that portion of the offense report
must be redacted as well.
(5) Child Abuse/Neglect Investigations – The files, reports, records,

communications, audiotapes, videotapes, and working papers used or developed
in an investigation into the abuse or neglect of a child are confidential absent a
court order authorizing disclosure. TEX. FAMILY CODE § 261.201.
(6) Medical Records/EMT/Psychiatric Records – Medical, EMT, or psychiatric

records of a complainant or witness should not be publicly released absent a court
order authorizing disclosure. See TEX. OCCUPATIONS CODE §§ 159.002 & 159.003
(medical records); TEX. HEALTH & SAFETY CODE §§ 611.002 & 611.006 (mental
health); 773.091(c) & 773.095 (EMT records).
(7) AIDS/HIV Testing Results – This information is confidential; unauthorized

disclosure may be a crime. TEX. HEALTH & SAFETY CODE § 81.103(a).
(8) Child Welfare and Protective Services Records – If information is deemed

confidential by the Texas Department of Protective and Regulatory Services’
internal procedures and is subsequently disclosed to a prosecutor, the person to
whom the documents are disclosed ―shall maintain its confidentiality and shall
prevent disclosure of the information to a person who is not authorized to receive
the information.‖ Unauthorized disclosure is punishable as a Class A
misdemeanor. TEX. HUM. RESOURCES CODE § 40.005.
(9) DNA and Genetic Testing Records – TEX. GOV’T CODE § 411.153; TEX. LABOR
CODE § 21.403; TEX. OCCUPATIONS CODE § 58.102(a). Note that this
confidentiality does not apply if the disclosure is authorized under a state or
federal criminal law relating to: (A) the identification of individuals; or (B) a
criminal or juvenile proceeding, an inquest, or a child fatality review by a
multidisciplinary child-abuse team. TEX. GOV’T CODE § 21.4031(a) & TEX.
OCCUPATIONS CODE § 58.103(a).
(10) Juvenile Records – TEX. FAMILY CODE §§ 58.005(a), 58.106(a), & 58.007(c).
This may include references to a juvenile co-defendant in an otherwise releasable
offense report.
(11) Polygraph Examination Results – TEX. OCCUPATIONS CODE §§ 1703.306 &

1703.403. Unauthorized disclosure is a Class B misdemeanor.
389
(12) Social Security Numbers – TEX. GOV’T CODE § 552.147.
(13) Prescription Records – TEX. GOV’T CODE § 552.118; TEX. HEALTH & SAFETY
CODE § 481.076(a)(3) & (i).
(14) Sexual Assault Victim Pseudonym – A form recording the name, address,
telephone number, and pseudonym of a victim may not be disclosed to anyone
other than the defendant and his attorney. Unauthorized disclosure of this
information is a Class C misdemeanor. TEX. CODE CRIM. PROC. arts. 57.02 and
57.03.
(15) W-2 and W-4 Forms – Internal Revenue Code; Tex. Att’y Gen. Op. H-1274
(1978); H-1070 (1977).
(16) Autopsy Photographs – Photographs are excepted from public disclosure, but
are subject to disclosure ―under a subpoena or authority of other law.‖ TEX.
CODE CRIM. PROC. art. 49.25, § 11(1). At a minimum, there should be a
protective order before copies of these photographs are released to opposing
counsel.
(17) Victim Impact Statements – The ―name, social security number, address and
telephone number of a crime victim; and any other information the disclosure of
which would identify or tend to identify the crime victim‖ is confidential if ―held
by a governmental body or filed with a court and . . . is contained in a victim
impact statement or was submitted for purposes of preparing a victim impact
statement.‖ TEX. GOV’T CODE § 552.1325(b).
(18) Credit Card, Debit Card, Charge Card or Access Device Numbers – TEX.
GOV’T CODE § 552.136.
(19) Peace Officer Photographs – Unless the officer is the defendant, a peace
officer’s photograph should not be released if the release would ―endanger the life
or physical safety of the officer.‖ TEX. GOV’T CODE § 552.119(a). As with
confidential informants, you should be careful to avoid exposing an undercover
officer’s physical appearance.
(20) Family Violence Shelter Center or Sexual Assault Program – TEX. GOV’T
CODE § 552.138. The effectiveness of these programs is dependent upon their
anonymity. Avoid disclosing the location of these facilities, their workers, or
their clients.
390
Five Operating Principles for Disclosing the District Attorney’s Files
You may not have known it, but because you have custody of the District
Attorney’s litigation files and because people come to you for access to those files, you
are a custodian of the District Attorney’s records. As a custodian of records, you have
to respect state and federal law regarding the disclosure of information from your files
to non-governmental third parties, like appointed or retained defense attorneys.
In reviewing a litigation file for disclosure, here are five operating principles to
keep in mind:
Adhere to the Golden Rule
Much of what you have in your file is exceedingly personal or private information
about a third party complainant or witness, often obtained by compulsory process.
Whether they are medical records, psychiatric counseling records, financial records,
school records, or CPS records, these records expose personal information that no
circumspect individual would want made public.
Unfortunately, in the discovery process, we often focus solely on our litigation

without really considering the privacy interests of our complainants and witnesses.
Now that we are copying documents for public release, we need to give even more
consideration to the subject of these records.
Accordingly, apply the Golden Rule before making a disclosure from your file:
Would I want this information publicly disclosed if the information pertained to me? If
your answer is ―no,‖ then consider appropriate protective measures (i.e., checking for
confidentiality statutes that may apply to the information; seeking a protective order
from the court; notifying the third party that the information may be released [see No. 2
below]).
There may be interests that are superior to the third party’s personal interests
(especially the defendant’s Brady rights), but close adherence to the Golden Rule will
391
help you recognize sensitive information in your files and really think through whether
it is necessary to publicly disclose that information.
Give Interested Third Parties an Opportunity to be Heard
Fair warning goes a long way to avoiding controversy. If you are about to release
or disclose records that could adversely affect the privacy or proprietarial interests of a
third party, the right thing is to let them know your intentions before you release or
disclose the records. This gives them an opportunity to intervene and seek an
appropriate protective order before their privacy or proprietary interests are
compromised. Moreover, if you give them notice and they take no action, you are in a
much better position when they later complain that your disclosure violated their rights.
Example: You intend to file a 902(10) set of medical records with the clerk, showing
the grievous injuries suffered by your complainant. Before you do so, tell your
complainant. If you do so, one of three things will happen:
(a) The complainant will stand silent, implicitly acquiescing to the public disclosure
of the intimate details of their health;
(b) The complainant will ask you to explain what you are doing and may ask you to
offer the 902(10) filing under a protective order; or
(c) The complainant will hire counsel to intervene and protect her interests.
All three of these options are fine with us. What we don’t want is:
(d) The complainant independently finds out that her medical records have become a
public record, available to anyone who wants to check them out without her
knowing, and complains to the District Attorney.
Aggressively Redact and Transparently Redact
This tip appears to suggest that you do two mutually exclusive concepts –
―aggressive redaction‖ and ―transparent redaction‖ – at the same time. Here’s what we
mean:
(a) Aggressive redaction. By this, we mean that redaction should not be a rote
exercise. It accomplishes nothing if you hold back non-exculpatory medical records
you obtained by grand jury subpoena and then let the details of those medical records go
392
unredacted in the offense report. You cannot know what to redact unless you know
what is in your offense report and where it came from. If you don’t know enough about
your case to make knowing and intelligent decisions about what to redact, do not release
the information until you do.
(b) Transparent redaction. By this, we mean that, to the extent possible, opposing
counsel should know when and why you have held something back. Obviously, grand
jury secrecy may foreclose transparency on some matters, but otherwise, you should be
prepared to explain (without revealing the exact details of the redaction) why you chose
to black out Supplement No. 3 in the offense report. In other words, don’t play guessing
games with opposing counsel – if your redaction is appropriate, nothing opposing
counsel will do upon learning about it will make a difference. If your redaction is
inappropriate, however, your transparency will allow opposing counsel to either waive
the problem or correct the problem before it becomes an appellate issue.
Don’t ―Roll Over‖ if You Inadvertently Release Confidential Information
You may inadvertently disclose confidential information. When you recognize

your error, you will have two options:
(a) Fess up and deal with it.
(b) Stand silent and hope for the best.
Which option do you choose? Apply the Golden Rule and ask yourself, ―If someone
inadvertently disclosed my confidential information, would I want to know about it so
that I could deal with it, or would I prefer not knowing?‖
You may be able to get the information back if you act fast. Civil law recognizes
a ―snap back‖ doctrine for return of inadvertently disclosed privileged information. See
TEX. R. CIV. P. 193.3(d). You may be able to make some analogous argument in our
courts and, at a minimum, make a record that the disclosure was inadvertent and that
you exercised diligence to get it back. Most trial courts will consider issuing a remedial
order to the recipient of the information to minimize the damage done from the
inadvertent disclosure.
Nothing can be done to fix the problem, however, if you don’t let someone know
that there is a problem. It often is not easy to admit an error, but don’t let your silence
make the problem become bigger than it needed to be.
393
Use the Resources of this Office
If you are overwhelmed with discovery, don’t react by cutting corners. Instead,
document what your burdens are and ask your supervisor for help. By speaking up, your
chief can identify the problem and try to correct it. Standing silent, however, solves
nothing and will simply leave the burden to your successor in the court.
Similarly, if you have an unusual discovery issue, use the General Counsel’s
Office or the Appellate Division to help you work out the problem. Help is available.
SECTION 10.15. CONCLUSION

―The Prosecutor’s Discretion‖ constitutes a part of the Operations Manual for the
Harris County District Attorney’s Office. It shall be followed both in the letter and in
the spirit of the guidelines, rules, and directives stated herein. Failure to adhere to these
principles shall constitute grounds for disciplinary action, including dismissal.
In considering the rules and policies stated herein, remember that no policy or
rule is intended to cause an absurd result. If a prosecutor believes that a policy is
inappropriate in a given case, he/she not only should feel free to discuss this with his or
her supervisor, the First Assistant or the District Attorney, but he/she has an ethical duty
to do so. These guidelines will not fit every circumstance that confronts a prosecutor
during the course of his/her career. When the rules do not appear to fit the
circumstances, request that the rules be re-examined in light of the particular case.
―The Prosecutor’s Discretion‖ and the remainder of the Operations Manual are
continuously subject to review and change. All members of this office are encouraged to
make suggestions about possible changes. These suggestions may be brought to the
attention of any supervisor or the District Attorney at any time. Your input is welcomed
and encouraged.
394

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HARRIS COUNTY DISTRICT ATTORNEY’S OFFICE

POLICIES AND PROCEDURES MANUAL

POLICIES AND PROCEDURES MANUAL

CHAPTER 1 INTRODUCTION AND ORGANIZATION P. 13

CHAPTER 2 GENERAL OFFICE RULES AND POLICIES P. 17

CHAPTER 3 PUBLIC SERVICE AND INFRASTRUCTURE BUREAU

CHAPTER 4 GOVERNMENTAL INTEGRITY BUREAU P. 132

CHAPTER 5 SPECIAL PROSECUTIONS BUREAU P. 148

CHAPTER 6 TRIAL BUREAU P. 208

CHAPTER 7 PROFESSIONAL DEVELOPMENT, ETHICS & COMMUNITY

CHAPTER 8 OFFICE OF GENERAL COUNSEL P. 277

CHAPTER 9 INVESTIGATORS DIVISION P. 311

CHAPTER 10 THE PROSECUTOR, THE DECISION-MAKING PROCESS AND

CHAPTER 1 INTRODUCTION AND ORGANIZATION

SECTION 1.1 INTRODUCTION

SECTION 1.2 EXECUTIVE ADMINISTRATION

CHAPTER 2 GENERAL OFFICE RULES AND POLICIES

SECTION 2.1 EMPLOYEES

SECTION 2.2 CLASSIFICATION OF EMPLOYEES

SECTION 2.3 WORK HOURS

SECTION 2.4 TEMPORARY ABSENCE

SECTION 2.5 BI-WEEKLY PAYROLL

SECTION 2.6 TIME RECORDS

SECTION 2.7 OVERTIME COMPENSATION FOR EXEMPT AND NON-

SECTION 2.8 COMPENSATORY TIME AND SHORT TIME

SECTION 2.9 OFFICE DECORUM

SECTION 2.10 TELEPHONE PROCEDURES AND INFORMATION

SECTION 2.11 POLITICAL ACTIVITIES

SECTION 2.12 PRESS RELATIONS

SECTION 2.13 STANDARD OF CONDUCT

SECTION 2.14 PUBLIC SPEECHES AND APPEARANCES

SECTION 2.16 SUSPENSIONS, TERMINATION OF EMPLOYMENT

SECTION 2.17 DISCIPLINARY PROCEDURES

SECTION 2.18 PROMOTIONS AND PAY RAISES

SECTION 2.19 FURNITURE AND OFFICE EQUIPMENT

SECTION 2.20 SECURITY CARD ENTRY SYSTEM

SECTION 2.21 RADIO AND TELECOMMUNICATIONS EQUIPMENT

SECTION 2.22 FIREARMS POLICY

SECTION 2.23 WITNESS RELATIONS AND COMPENSATION

SECTION 2.24 EVIDENCE

SECTION 2.25 REIMBURSEMENT FOR EXPENSES

SECTION 2.26 POLYGRAPH EXAMINATIONS

SECTION 2.27 OBTAINING PERSONS FROM OTHER JURISDICTIONS

SECTION 2.28 UNADJUDICATED OFFENSES

SECTION 2.29 EXPUNCTION OF CRIMINAL RECORDS

SECTION 2.30 USE OF COUNTY VEHICLES

SECTION 2.31 INVESTIGATOR EXTRA EMPLOYMENT

SECTION 2.32 LITIGATION AGAINST EMPLOYEES

SECTION 2.33 CRIMINAL HISTORY RECORD INFORMATION

SECTION 2.34 PRIVATE PRACTICE

SECTION 2.35 PERSONAL USE OF COUNTY FACILITIES

SECTION 2.37 COURTESY AND VISITORS TO THE OFFICE

SECTION 2.38 MASS ARREST PROCEDURES

SECTION 2.39 PROCEDURES FOR PSYCHIATRIC EXAMINATIONS

SECTION 2.40 HOMICIDES AND SERIOUS INJURIES TO LAW

SECTION 2.41 PEN PACKETS

SECTION 2.42 REQUESTS FOR INFORMATION

SECTION 2.43 COMPUTER PROTOCOL

SECTION 2.44 ON-PREMISE CONSUMPTION OF ALCOHOL

SECTION 2.45 OFF-PREMISE OFFICE-SPONSORED FUNCTIONS

SECTION 2.46 GIFTS, AWARDS, BENEFITS

SECTION 2.47 EMPLOYEE BENEFITS

SECTION 2.48 ELECTRONIC RECORDING

SECTION 2.49 DISASTER PREPAREDNESS PLAN

Harris County District Attorney's Office Operations Manual

Harris County District Attorney's Office Operations Manual