CRIMINAL P&E - TEXAS BAR EXAM
NEWEST 2025 ACTUAL EXAM
COMPLETE 200+ QUESTIONS AND
DETAILED ANSWERS (VERIFIED
ANSWERS ALREADY GRADED A+ )
|| BRAND NEW !!!!!
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What procedural steps can an attorney take to ensure that a witness will appear at trial and testify? -
=== ->> An attorney can obtain a subpoena for the witness by applying to the clerk of the trial court.
The subpoena will order the person to appear. If the witness does not appear, the attorney can get an
attachment which will allow a peace officer to locate and bring the witness before the court. Without a
subpoena, you can't get an attachment.
Can a prosecutor secure a valid conviction of a D on the basis of an accomplice's testimony alone? - ===
->> No. Testimony of an accomplice witness can support a conviction only if it is corroborated by some
evidence connecting the charged D to the crime.
If the prosecutor refuses to allow D's attorney to inspect a piece of evidence, what procedural step
should D's attorney take and what must the attorney show? - === ->> D's attorney should file a motion
to inspect the evidence. Attorney must show:
1) the evidence is a tangible item
2) the item contains material evidence
3) the item is in possession of the state
4) the item is not work product of the state
How many jurors serve on a grand jury? How many must concur for a person to be indicted, and who
drafts the indictment? - === ->> A grand jury consists of 12 jurors and 2 alternates.
9 jurors must concur for there to be a "true bill" and D indicted.
,The prosecutor then drafts the indictment.
Can two individuals be charged in the same indictment? - === ->> Yes. More than one D may be
charged in a single indictment if they are both charged with the same offense.
What procedural steps can D's attorney take to ensure that the prosecutor will disclose before trial
whether the state intends to introduce prior damaging actions of the D in their case? - === ->> D's
attorney should make a timely request for notice of any evidence the State intends to introduce as proof
of a prior "bad act." A second request should be made for evidence the State intends to use at the
sentencing trial. Both should be made before trial.
After a pretrial hearing date has been set, when must D's attorney file a motion for discovery? What
happens if the motion is filed late? - === ->> When a pretrial hearing has been set, motions for
discovery must be filed at least 7 days before the hearing. If not filed at least 7 days before, the motion
cannot be filed unless the court permits it to be filed on a showing of good cause.
At a joint trial of D1 and D2, prosecutor asks for a bench conference and tells the court that he intends to
introduce D2's confession that D2 owned the gun and D1 put it in his car. If you as D1's attorney know
that D2 is not going to testify, what should you do? - === ->> Object that the confession would be
hearsay and violate D1's 6th amendment right to confront a witness against him. (The first half of the
statement might be admissible as a statement against penal interest against D2, but the part that
mentions D1 is not admissible.)
How can D ensure that his hospital medical records are admissible evidence if no one from the hospital
will be available to testify at trial? - === ->> D must obtain an affidavit of the custodian of the records
stating:
1) the records were kept in the regular course of business
2) a person w/ knowledge of the matter made the records
3) the entries were made at or near the time of the events
4) the affiant is the custodian
D must file the records and the affidavit at least 14 days before trial, and give State notice 14 days before
trial.
, If D believes that the prosecution has failed to prove that the offense occurred in the county alleged in
the charge, when the State rests, what procedural steps should D's attorney take? - === ->> D's
attorney should challenge the evidence using a motion for directed verdict. The motion should be made
at the close of the State's case-in-chief. If the motion is denied, it should be made again at the end of all
the evidence.
When must a motion for change of venue be filed?
What happens if it's filed late? - === ->> A motion for change of venue must be filed at least 7 days
before the pretrial hearing. If late, the motion cannot be filed unless the court gives permission on a
showing of good cause.
Is a prosecutor permitted to appear before the grand jury and give legal advice? - === ->> Yes. The
grand jury may send for an attorney representing the State and ask for advice on any matter of law.
What procedural steps can D's attorney take to obtain a separate trial on each count of an indictment?
What effect will this have on sentencing? - === ->> D's attorney can move for a severance of the
charges for separate trials. If offenses are prosecuted in the same trial, sentences must run concurrently.
If offenses are severed, the judge has the discretion whether to sentence concurrently or "stack" the
sentences consecutively.
If the court refuses to exclude evidence an attorney believes was obtained in violation of state or federal
law, what procedural step can the attorney take to have the jury consider the issue? - === ->> To have
the jury consider whether the evidence was obtained illegally, the attorney:
1) must introduce evidence before the jury raising a contested question of fact regarding the manner in
which the evidence was obtained
2) then request that the jury be charged to consider the evidence only if the prosecution proves beyond
a reasonable doubt that the evidence was not obtained in violation of state or federal law.
What are 3 prerequisites for a D to be eligible for a sentence of probation if D is convicted by the jury? -
=== ->> 1) the punishment assessed must not exceed 10 years imprisonment
2) D must have filed a pretrial sworn motion for probation
3) D must show he has not previously been convicted of a felony
NEWEST 2025 ACTUAL EXAM
COMPLETE 200+ QUESTIONS AND
DETAILED ANSWERS (VERIFIED
ANSWERS ALREADY GRADED A+ )
|| BRAND NEW !!!!!
…………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………
What procedural steps can an attorney take to ensure that a witness will appear at trial and testify? -
=== ->> An attorney can obtain a subpoena for the witness by applying to the clerk of the trial court.
The subpoena will order the person to appear. If the witness does not appear, the attorney can get an
attachment which will allow a peace officer to locate and bring the witness before the court. Without a
subpoena, you can't get an attachment.
Can a prosecutor secure a valid conviction of a D on the basis of an accomplice's testimony alone? - ===
->> No. Testimony of an accomplice witness can support a conviction only if it is corroborated by some
evidence connecting the charged D to the crime.
If the prosecutor refuses to allow D's attorney to inspect a piece of evidence, what procedural step
should D's attorney take and what must the attorney show? - === ->> D's attorney should file a motion
to inspect the evidence. Attorney must show:
1) the evidence is a tangible item
2) the item contains material evidence
3) the item is in possession of the state
4) the item is not work product of the state
How many jurors serve on a grand jury? How many must concur for a person to be indicted, and who
drafts the indictment? - === ->> A grand jury consists of 12 jurors and 2 alternates.
9 jurors must concur for there to be a "true bill" and D indicted.
,The prosecutor then drafts the indictment.
Can two individuals be charged in the same indictment? - === ->> Yes. More than one D may be
charged in a single indictment if they are both charged with the same offense.
What procedural steps can D's attorney take to ensure that the prosecutor will disclose before trial
whether the state intends to introduce prior damaging actions of the D in their case? - === ->> D's
attorney should make a timely request for notice of any evidence the State intends to introduce as proof
of a prior "bad act." A second request should be made for evidence the State intends to use at the
sentencing trial. Both should be made before trial.
After a pretrial hearing date has been set, when must D's attorney file a motion for discovery? What
happens if the motion is filed late? - === ->> When a pretrial hearing has been set, motions for
discovery must be filed at least 7 days before the hearing. If not filed at least 7 days before, the motion
cannot be filed unless the court permits it to be filed on a showing of good cause.
At a joint trial of D1 and D2, prosecutor asks for a bench conference and tells the court that he intends to
introduce D2's confession that D2 owned the gun and D1 put it in his car. If you as D1's attorney know
that D2 is not going to testify, what should you do? - === ->> Object that the confession would be
hearsay and violate D1's 6th amendment right to confront a witness against him. (The first half of the
statement might be admissible as a statement against penal interest against D2, but the part that
mentions D1 is not admissible.)
How can D ensure that his hospital medical records are admissible evidence if no one from the hospital
will be available to testify at trial? - === ->> D must obtain an affidavit of the custodian of the records
stating:
1) the records were kept in the regular course of business
2) a person w/ knowledge of the matter made the records
3) the entries were made at or near the time of the events
4) the affiant is the custodian
D must file the records and the affidavit at least 14 days before trial, and give State notice 14 days before
trial.
, If D believes that the prosecution has failed to prove that the offense occurred in the county alleged in
the charge, when the State rests, what procedural steps should D's attorney take? - === ->> D's
attorney should challenge the evidence using a motion for directed verdict. The motion should be made
at the close of the State's case-in-chief. If the motion is denied, it should be made again at the end of all
the evidence.
When must a motion for change of venue be filed?
What happens if it's filed late? - === ->> A motion for change of venue must be filed at least 7 days
before the pretrial hearing. If late, the motion cannot be filed unless the court gives permission on a
showing of good cause.
Is a prosecutor permitted to appear before the grand jury and give legal advice? - === ->> Yes. The
grand jury may send for an attorney representing the State and ask for advice on any matter of law.
What procedural steps can D's attorney take to obtain a separate trial on each count of an indictment?
What effect will this have on sentencing? - === ->> D's attorney can move for a severance of the
charges for separate trials. If offenses are prosecuted in the same trial, sentences must run concurrently.
If offenses are severed, the judge has the discretion whether to sentence concurrently or "stack" the
sentences consecutively.
If the court refuses to exclude evidence an attorney believes was obtained in violation of state or federal
law, what procedural step can the attorney take to have the jury consider the issue? - === ->> To have
the jury consider whether the evidence was obtained illegally, the attorney:
1) must introduce evidence before the jury raising a contested question of fact regarding the manner in
which the evidence was obtained
2) then request that the jury be charged to consider the evidence only if the prosecution proves beyond
a reasonable doubt that the evidence was not obtained in violation of state or federal law.
What are 3 prerequisites for a D to be eligible for a sentence of probation if D is convicted by the jury? -
=== ->> 1) the punishment assessed must not exceed 10 years imprisonment
2) D must have filed a pretrial sworn motion for probation
3) D must show he has not previously been convicted of a felony
