We have an issue regarding magistrate warnings. When a defendant is intially arrest for a charge our JP's are the ones doing the initial magistration and setting the initial bond.
However, our JP's are wondering if they are supposed to be magistrating defendants who are arrested for VOP/MTR.
They argue, that once the case has been filed and the person has been put on probation it's going to be either the County Court At Law of the District Court that has jurisdiction and not theirs. Additionally, technically, on a VOP/MTR they have already been magistrated on that charge when they were originally arrested.
The real concern, however, is liability. They said that Texas Justice Court Training Center told them that they are not required to give magistrate warnings on a MTR and that they may be opening the County to liability if they do so.
I viewed the material, which does tell that they are not required to give such warnings and warns them about possible liability if they exceed their authority. It specifically tells them that they cannot set a bond (only accept one)and that a person on an MTR is NOT entitled to the full 15.17 warnings. For example, an examining trial.
As far as the bond situation goes, there is no issue. The JP's aren't setting it. Bond is set by County/District Judge when he issues the warrant.
Anyway, I want to ask you how you counties handled the magistrate warnings on MTR situations. I have found nothing that says they HAVE to, but can they do it? Is it a good idea to go ahead and have them do it? What about an abriveted version that remove the rights they don't have on an MTR(for example, the examining trial)?
|Powered by Social Strata|
© TDCAA, 2001. All Rights Reserved.