Magistration definition

Magistration means the performance of that duty of a Texas magistrate to inform an arrestee of accusations and rights, allow access to counsel and admit to bail as provided by law, issue commitment orders, review probable cause affidavits for arrest and search warrants, issue protective orders, and other matters authorized by law. A prisoner has been “magistrated” on a charge when, following arrest on the charge, he or she has been taken before a magistrate who has performed the duties prescribed by Art. 15.17 of the Code of Criminal Procedure with regard to said charge.

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Magistration means the performance of judicial duties that a magistrate is authorized to perform under Texas law and by this FY 2018 Agreement, including: informing an arrestee of accusations and rights; allowing access to counsel; admitting to bail as provided by law; issuing commitment orders; reviewing probable cause affidavits for arrest and search warrants; issuing protective orders; or other matters required by law and this FY 2018 Agreement. An arrestee has been “magistrated” on a charge when, following arrest on the charge, the person has appeared before a magistrate who has performed the duties prescribed by Art. 15.17 of the Code of Criminal Procedure with regard to said charge. 4. Section 2.0 (“Definitions”) is amended by adding a new Section 2.12 to read as follows:

Magistration means the performance of those duties of a magistrate or judge as outlined in the Texas Code of Criminal Procedure, which includes: proceedings under Article 15.17; determining probable cause for on-site arrests; informing all arrested persons ofaccusations and rights; inquiring whether an AP requests appointed counsel; setting bail as provided by law; issuing commitment orders; reviewing probable cause affidavits for arrest and search warrants; issuing protective orders; where legally permissible, accepting the plea of the AP; and other matters authorized by law. An AP has been magistrated on a charge when, following arrest on the charge, he or she has been taken before a magistrate who has performed the duties prescribed by Texas Code of Criminal Procedure with regard to that charge. The Parties acknowledge that there is no obligation absent an interlocal agreement for either Party to provide Magistration and detention services to another arresting agency.

Examples of Magistration in a sentence

City Magistrates are not required to: conduct CAFA magistrations except as provided in Section 5.06; conduct bond modifications or bond revocation hearings except as part of a CAFA Magistration; or appoint legal counsel for arrestees.
City Magistrates shall record the time at which Magistration for each Arrestee is completed.
Any insurance proceeds paid to County that relate to damages to the designated Magistration space or arrest review space shall be used by County to repair the damages and restore the designated Magistration space or arrest review space to its condition before the damage without regard to fault.
The County will provide all furnishings within the designated Magistration and arrest review spaces and shall be responsible for maintenance and replacement of such items.
The County will provide maintenance, housekeeping, utility service and garbage pickup for the City-designated spaces used for Magistration and arrest review.
While acknowledging that City Magistrates have final authority under state law to conduct Magistrations by videoconference as well as in-person, the County expects that Magistrations conducted by City Magistrates will occur in-person unless the City Magistrate conducting the Magistration determines there is a medical or security-related reason to conduct the Magistration by videoconference.
The County may change the Magistration or arrest review spaces designated by County if done as part of a remodeling or reconfiguring of the Central Booking Facility and Criminal Justice Center.
The City will document whether each Magistration is conducted by videoconference (the City Magistrate is not in the courtroom) or in-person in the courtroom.
The County will provide the City with use of the space at the Central Booking Facility and Criminal Justice Center that County will share with City to conduct Magistration proceedings under this Agreement.
Magistrates and staff of the Austin Municipal Court working at the Central Booking Facility and Criminal Justice Center shall continue to have access to existing equipment and technology at the Central Booking Facility and Criminal Justice Center used by them during the term of the prior interlocal agreement ending January 31, 2025, in order to perform Magistration services, including videoconference Magistration.

More Definitions of Magistration

Magistration means the performance of judicial duties that a magistrate is authorized to perform under Art. 15.17 and under this Agreement, and includes: informing an Arrestee of accusations and rights; allowing an Arrestee access to counsel in connection with an Art. 15.17 proceeding; admitting an Arrestee to bail as provided by law; issuing commitment orders; reviewing probable cause affidavits for arrest and search warrants; issuing protective orders; and other judicial acts required under this Agreement. An Arrestee has been “magistrated” on a charge when, following arrest on the charge, the Arrestee has been brought before a magistrate and the magistrate has carried out the duties prescribed by Art. 15.17 of the Code of Criminal Procedure regarding that charge.