Chapter 7: Proceedings Before Magistrates to Prevent Offenses
Chapter Overview
The code outlines the legal procedures magistrates must follow when alerted to potential offenses against individuals' persons or property.
Article 7.01: Warrant Issuance
Warrant Requirement: A magistrate must issue a warrant when informed of an impending offense against an informant or another individual. This warrant aims to ensure the accused is brought before the judicial authority for further proceedings.
Article 7.02: Appearance Bond
Accused's Rights: The accused has the right to post an appearance bond. This bond must:
Ensure the accused will not commit further offenses pending a hearing.
Require the accused to maintain peace towards the individual threatened and others involved.
Legal Weight: Entering into this bond does not imply guilt regarding the accusations made against the accused at the hearing.
Article 7.03: Hearing Before Magistrate
Process Upon Arrival: Upon being brought before a magistrate, evidence surrounding the accusations is presented.
If there is a valid concern of an intended offense or serious threats made, the magistrate may order that the accused post a bond.
Bond Terms: The bond terms include assurances against further offenses and maintaining peace for up to one year from the bond's issuance.
Article 7.04: Form of Peace Bond
Requirements of the Bond: A valid bond must:
Be payable to the State of Texas.
Include a specific sum, signed by the defendant and sureties.
Comply with Article 17.02 regarding cash deposits.
Error Tolerance: Minor errors in bond execution do not invalidate the bond or its associated proceedings.
Article 7.05: Oath of Surety
Surety's Obligation: Officers taking the bond must require sureties to verify the value of their assets.
Documentation: Bonds and oaths must be promptly filed in the relevant county clerk's office.
Article 7.06: Amount of Bail
Determining Bail Amount: The magistrate sets the bond amount based on the accused's financial situation and the nature of the alleged offense.
Article 7.07: Surety Exoneration
Exoneration Process: A surety can free themselves from the bond obligations by returning the defendant to the magistrate before a bond breach occurs, leading to the issuance of a new bond.
Article 7.08: Failure to Provide Bond
Consequences of Non-Compliance: If the accused fails to secure a bond, they risk confinement in jail for up to one year.
Article 7.09: Defendant Discharge
Release Conditions: A defendant who has been jailed for bond failure can be released upon posting the necessary bond or upon the expiry of their jail time.
Article 7.10: Discharge Based on Evidence
Decision to Discharge: If sufficient evidence indicates no serious threat or intended offense, the magistrate may discharge the accused and may impose costs on the complainant.
Article 7.13: Criminal Offenses
Proceedings for Criminal Actions: If evidence shows that the accused has committed a criminal act, standard criminal charges will follow.
Article 7.14: Costs of Proceedings
Cost Assessment: If the accused is found culpable and required to post bond, they will bear the costs associated with the proceedings.
Article 7.15: Protection Orders
Potential for Protection: The magistrate may order law enforcement protection for individuals threatened, empowering officers to enlist community assistance.
Article 7.16: Suits on Bond
Legal Action: Bonds may be contested legally in the name of the State by district or county attorneys in the jurisdiction where the bond was taken.
Article 7.17: Limitation and Procedure
Timeframe for Legal Action: Lawsuits regarding bond breaches must be filed within two years, following civil action protocols, with sureties being liable without the need to notify the principal (the accused).
Article 7.18: Contempt Punishment
Consequences of Bond Violation: Violating bond conditions can result in:
Forfeiture of the bond.
Fines and confinement for contempt of court, or both.