Texas Commission on Law Enforcement (TCOLE) Practice Exam 2025 - Free TCOLE Practice Questions and Study Guide

Question: 1 / 400

According to the Code of Criminal Procedure, a ______ is an order issued by a judge to produce a person in custody.

Subpoena

Writ of habeas corpus

The correct term in this context is "writ of habeas corpus." A writ of habeas corpus is a legal instrument that serves as a safeguard against unlawful detention. It requires that a person in custody be brought before the court to determine whether their imprisonment is lawful. This mechanism is a critical component of the legal system, protecting individual rights by allowing courts to review the legality of a person's confinement.

This contrasts with other terms: a subpoena is intended to compel a witness to appear in court or produce documents but does not specifically address the situation of a person already in custody. An indictment refers to a formal charge or accusation of a serious crime, indicating that a grand jury has found sufficient evidence to warrant prosecution, but it does not involve producing someone in custody. A bench warrant, on the other hand, is a type of warrant issued directly by a judge, typically for the arrest of someone who failed to appear in court, but it doesn't serve the same purpose as a writ of habeas corpus in terms of producing someone for a review of their detention.

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Indictment

Bench warrant

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