Code of Criminal Procedure · Art. 15.17

Magistration

Q: SCENARIO. A defendant is arrested at 2 AM on Saturday on a misdemeanor charge. Under Art. 15.17 he must be brought before a magistrate by:

2 AM Monday — within 48 hours of arrest Magistration must occur 'without unnecessary delay' and not later than 48 hours after arrest. Most counties operate 24/7 magistration to meet the rule.

An arrested person must be taken before a magistrate without unnecessary delay — not later than 48 hours after arrest. Magistrate informs of accusation, all enumerated rights (silence, counsel, terminate interview, examining trial), sets bail, and informs of procedure for appointed counsel.

To prove this offense, the State must establish each of the following elements: Inform of accusation and affidavit; Right to retain counsel and to appointed counsel if indigent; Right to remain silent; Right to have counsel present during any interview; Right to terminate interview at any time; Right to examining trial; Set bail (where authorized).

The base classification is Mandatory hearing, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

Inform of accusation and affidavit
Right to retain counsel and to appointed counsel if indigent
Right to remain silent
Right to have counsel present during any interview
Right to terminate interview at any time
Right to examining trial
Set bail (where authorized)

Texas Law — Charge Details

Mandatory Procedure

Offense

Magistration

Statute

Tex. Code Crim. Proc. art. 15.17

Classification

Mandatory hearing

Practice 2 questions on this topic

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Worked examples

Worked example 1

Under Art. 15.17, the magistrate must inform the arrested person of which of the following at magistration?

Only the offense
The accusation, any affidavit filed, the right to retain counsel, the right to remain silent, the right to have an attorney present during interview, the right to terminate the interview at any time, the right to request appointment of counsel if indigent, and the right to an examining trial; plus right to procedures for requesting appointed counsel Correct
Only bail amount
Only the right to a jury trial

Why: Magistrate's duties include informing the accused of the accusation and supporting affidavit, advising of all enumerated rights (silence, counsel, terminate interview, examining trial), setting bail, and informing of procedure for requesting appointed counsel.

Statute: Tex. Code Crim. Proc. art. 15.17

Worked example 2

SCENARIO. A defendant is arrested at 2 AM on Saturday on a misdemeanor charge. Under Art. 15.17 he must be brought before a magistrate by:

5 PM Monday
2 AM Monday — within 48 hours of arrest Correct
5 PM Tuesday
Within 1 hour

Why: Magistration must occur 'without unnecessary delay' and not later than 48 hours after arrest. Most counties operate 24/7 magistration to meet the rule.

Statute: Tex. Code Crim. Proc. art. 15.17

Statutory definitions for this topic

Magistration (Art. 15.17) Tex. Code Crim. Proc. art. 15.17: The mandatory hearing within 48 hours of arrest at which a magistrate informs the accused of the accusation and rights, and sets bail (where authorized).