Texas Municipal Courts Education Center (TMCEC) Level 2 Practice Exam

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Which statement about custody and appearance is true?

Docket call is when the court determines if all the prospective jurors appeared.

If a mistrial is declared, the case must be tried within two days.

If a jury finds a defendant not guilty, the defendant is still liable for the costs of the trial.

A defendant who has been in custody and then failed to appear for trial may be charged with failure to appear.

The key idea is that missing a required court appearance can be a separate criminal offense, regardless of custody status. If a defendant has been in custody and then doesn’t show up for trial, the court can charge them with failure to appear. This rule exists to ensure people attend scheduled proceedings and to keep trials moving efficiently; being in custody does not erase the obligation to appear, and skipping can lead to an additional charge and possible action to bring the person back to court.

Docket call is about the court’s calendar and making sure parties and counsel are present to proceed with cases, not about jurors’ appearances. A mistrial does not impose a universal two-day deadline to retry a case; the retrial date is set by the court. If a jury not guilty verdict is returned, costs of the trial are not automatically borne by the acquitted defendant in the same way as if there had been a conviction, so that statement isn’t generally true.