top of page
Writer's pictureBrian Foley

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.10 Duty of Magistrates

Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law


Magistrate judges are a vital part of the judicial system in Harris County, Texas. These judges are responsible for a wide range of responsibilities, including issuing arrest warrants, setting bail, and conducting initial appearances for criminal defendants.


One of the main responsibilities of magistrate judges is to issue arrest warrants. When a law enforcement officer requests an arrest warrant, the magistrate judge must review the evidence presented and determine whether there is probable cause to believe that a crime has been committed and that the person named in the warrant is the person who committed the crime. If the judge finds probable cause, they will sign the warrant, allowing the law enforcement officer to arrest the person named in the warrant.


Magistrate judges also play a key role in setting bail for criminal defendants. After a person is arrested, they will typically be brought before a magistrate judge for an initial appearance. The judge will review the charges against the defendant and consider factors such as the defendant's criminal history and the severity of the crime to determine an appropriate bail amount. This amount is designed to ensure that the defendant will return for their court appearances.


In addition to issuing arrest warrants and setting bail, magistrate judges also conduct initial appearances for criminal defendants. This is the first court appearance a defendant makes after being arrested. During this appearance, the judge will inform the defendant of the charges against them, and the defendant will be given the opportunity to enter a plea. The judge will also inform the defendant of their rights, including the right to remain silent and the right to an attorney.


Article 2.10 of the Texas Code of Criminal Procedure reads, "It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means . . to cause the arrest of offenders . . . ." This makes the basic duty of the magistrate to issue arrest warrants.


An arrest warrant must be based on probable cause that a criminal offense has occurred and can allow the police to make an arrest in situations where the officer hasn't observed the crime themselves. There are other exceptions to this rule which we will address in Article 14.03 of the Code.


We are still in the beginning of the code which spells out basic principles of law and the order of the operations of the court system.



Art. 2.10. DUTY OF MAGISTRATES. It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime; to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

2 views0 comments

Comments


bottom of page