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A nearby county (with a small jail) is having arrested individuals that already have bond set sign a "Waiver of Right to Magistrates Warning" and then is releasing individuals immediately without presenting them to a magistrate.

Thoughts?

Are the CCP 14.06, 15.17, 38.30 & 38.31 requirements waivable?
 
Posts: 15 | Location: Kerrville, Texas, USA | Registered: March 20, 2012Reply With QuoteReport This Post
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Bad idea. Magistration already involves a waiver. Essentially, under this scheme, you're having them waive the process designed to inform them of their rights. Compare it to Miranda--what if instead a detective said, you know, I'm supposed to tell you a bunch of rights, but do you mind if I don't?
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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