What Is a Magistrate Hearing?
A magistrate hearing — also called magistration — is the first formal judicial proceeding after an arrest in Texas. During this hearing, a magistrate judge reviews the arrest affidavit, informs the defendant of the charges filed against them, and advises them of their constitutional rights, including the right to remain silent and the right to an attorney.
Magistration is a critical step in the criminal justice process because it is where bail is set. Without magistration, a defendant cannot post bail and remains in custody.
When Does Magistration Happen?
Under Article 15.17 of the Texas Code of Criminal Procedure, a defendant must be brought before a magistrate within 48 hours of arrest. In Denton County, magistrations are conducted at the Denton County Jail facility on Woodrow Lane. The exact timing depends on when the arrest occurs relative to the magistrate's schedule and current facility volume.
What the Magistrate Reviews
The magistrate reviews several pieces of information during the hearing. The arrest affidavit outlines the facts of the case and the charges. The magistrate also considers the defendant's criminal history, which is pulled during the booking process. Information about the defendant's employment, family ties, and length of residency in the area may also factor into the decision.
The defendant is informed of their right to counsel. If they cannot afford an attorney, they may request a court-appointed lawyer at this stage. The magistrate will also inform the defendant that anything they say can be used against them in court.
How Bail Amounts Are Determined
Bail amounts in Denton County are influenced by several factors. The severity of the charge is the primary consideration — a Class B misdemeanor will typically carry a lower bail than a second-degree felony. The defendant's prior criminal record also plays a significant role. A first-time offender may receive a lower bail than someone with prior convictions or outstanding warrants.
The magistrate also evaluates flight risk. Defendants with stable employment, a permanent residence in Denton County, and close family ties are generally considered lower risk. Those with a history of failing to appear in court may face higher bail amounts or additional conditions.
Bond Conditions That May Be Imposed
In addition to setting the bail amount, the magistrate may impose specific conditions of release. Common bond conditions in Denton County include curfews, mandatory drug and alcohol testing, no-contact orders (particularly in domestic violence cases), GPS monitoring, and travel restrictions.
These conditions are legally binding. Violating any condition can result in the bond being revoked and the defendant being returned to custody. It is essential that both the defendant and their indemnitor fully understand these conditions before release.
What Happens After Magistration
Once bail is set, the defendant or their family can contact a bail bond company to begin the bonding process. Act Rapid Bail Bonds monitors magistration schedules and can have paperwork prepared in advance so the bond is posted as soon as bail is set.
After the bond is posted, the jail processes the defendant for release. The defendant is then responsible for attending all court hearings and complying with every condition of their bond. Missing a court date or violating a condition can trigger a warrant and bond forfeiture.
If someone you know is awaiting magistration in Denton County, call Act Rapid Bail Bonds at (940) 442-5353. We are available 24/7 and can begin preparing the bond before bail is officially set.