Bill of Particulars in Texas: Understanding the Importance of Accurate Indictment

In the state of Texas, law requires that indictments sufficiently describe the alleged criminal conduct. This is crucial for providing fair notice to the defendant of the charges against them. Unfortunately, not all indictments meet this standard. In recent cases, courts have quashed indictments due to their insufficiency in describing the alleged criminal activity.

One such case involves Damon Dewis, who has been accused of misapplying property. The indictment alleges that Dewis 'intentionally, knowingly, and recklessly' dealt with money held as a fiduciary, contrary to an agreement with Mark Swisher, the owner of the property. However, the indictment fails to provide sufficient details about how Dewis allegedly misapplied the property or what specific acts were committed.

Under Texas law, an indictment must adequately describe the alleged criminal conduct to ensure that the defendant has fair notice of the charges against them. The Constitution of Texas and the United States also require that defendants receive fair and particularized notice of the crimes charged. In this case, the indictment does not provide sufficient notice, as it does not specify how Dewis allegedly misapplied the property or what acts were committed.

As a result, Damon Dewis has filed a motion to quash the indictment, arguing that it violates his rights to receive fair and particularized notice of the charges against him. The court must consider this motion carefully, taking into account the importance of providing accurate and detailed information in an indictment.

In conclusion, the bill of particulars is a crucial aspect of Texas law, ensuring that defendants receive fair notice of the charges against them. In cases like Damon Dewis', where the indictment fails to provide sufficient details about the alleged criminal conduct, the court must quash the indictment and allow the prosecution to re-file with a more detailed and accurate description of the alleged crimes. Only then can the defendant receive the fair and particularized notice required by law.

Bill of particulars texas