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I am considering writing an article on exactly what should happen to someone who is arrested- in order for them to be lawfully detained (incarcerated) by a sheriff. But, first I would like to know if any county is using the procedure supposedly made mandatory in art. 17.30 CCP. Anyone know what "examination on a criminal accusation" as used in that statute means? As best as I can gather, it might refer to: (1) an examining "trial" under 16.01, but could also refer to (2) the "arraignment" that takes place under art. 15.17 or (3) any hearing under arts. 17.21 and 17.25 or 17.33 (since it is my belief that an order fixing a requirement of bail must be preceded by a finding of probable cause) or (4) the hearing implicitly required by art. 17.033 (see also Gerstein v. Pugh and County of Riverside v. McLaughlin). Please note that one purpose of my study of this area of the law is in order to draft a bill which incorporates the requirements of Gerstein, but dispenses with any other procedure (e.g. repeals art. 16.01 and much of the rest of Ch. 16 and overrides the holding in Ex parte Garcia, 547 S.W.2d 271). | ||
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