FOCL Practice Test

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What is it called when a peace officer in Texas can file formal criminal charges without prior approval of the prosecutor?

Grand jury indictment
Direct filing
Prosecutorial waiver
Independent filing

The correct answer is: Direct filing

The situation described involves a peace officer in Texas having the authority to file formal criminal charges independently, without needing prior approval from a prosecutor. This ability allows for immediate action in situations where there is probable cause to believe that a crime has occurred, responding effectively to urgent circumstances. Direct filing is significant because it streamlines the process of bringing charges, enabling law enforcement to bypass the often lengthy review process that can occur when charges must first be vetted by a prosecutor. This mechanism is particularly beneficial in urgent cases, ensuring that justice can be pursued swiftly when necessary. The other options relate to different legal processes. A grand jury indictment involves a group of citizens assessing evidence presented by a prosecutor, leading to formal charges if they find sufficient evidence. Prosecutorial waiver pertains to situations where a prosecutor may choose not to pursue charges, often for reasons like a lack of evidence or prioritization of resources. Independent filing is not a recognized legal term in this context, further emphasizing that direct filing is the correct term for this specific situation.