What Happens at a Magistration Hearing in Texas?

By Deniz Kadirhan, CMK Defense, PLLC | Austin, Texas

Reviewed October 20, 2026

Maybe the call came late at night. Maybe it never came, and you found out from someone else. Either way, you know he was arrested, you may know which jail he is in, and the jail website shows a booking number next to a word you have never had a reason to learn: magistrated. Or, worse, nothing yet.

What happens at a magistration hearing in Texas? It is the first time the person arrested appears before a judicial officer. By law it must happen without unnecessary delay and no later than 48 hours after the arrest (Tex. Code Crim. Proc. art. 14.06(a); art. 15.17(a)). The magistrate tells him what he is accused of, explains his rights, looks at the officer’s sworn arrest affidavit to decide whether there is probable cause, and makes the first decision about bail: whether he can be released, on what kind of bond, and under what conditions.

It is usually brief, and it often happens over video. Nobody decides guilt, and the magistrate is not there to hear his side of the story. That works in his favor, because anything he says can be used against him.

Those few minutes still matter, and some of what happens in them cannot be taken back later. This page explains what the magistrate does, how bail gets set, the orders that can start that same night, whether he can have a lawyer there, how Travis, Williamson, Hays, and Bastrop counties handle it, and what the family can do right now. It says “he,” but it applies just as much to a daughter, spouse, partner, parent, or friend who was arrested.

What happens at a magistration hearing in Texas?

Who is the magistrate, and why is he on a screen?

A magistrate is a judicial officer whose job at this stage is narrow: give the warnings the law requires, decide probable cause, and make the first bail decision. The magistrate is usually not the judge who will hear the case later. Depending on the county, the magistrate may be an associate judge, a justice of the peace, or another judicial officer.

Many families expect a courtroom. More often, the person arrested stands in front of a camera at the jail while the magistrate appears on a screen. The law allows that:

The arrested person may be taken before the magistrate in person or the image of the arrested person may be presented to the magistrate by means of a videoconference.

Tex. Code Crim. Proc. art. 15.17(a).

What warnings does the magistrate have to give?

The magistrate’s first job is to tell him, in plain terms, where he stands. Article 15.17 lists what has to be said:

The magistrate shall inform in clear language the person arrested, either in person or through a videoconference, of the accusation against him and of any affidavit filed therewith, of his right to retain counsel, of his right to remain silent, of his right to have an attorney present during any interview with peace officers or attorneys representing the state, of his right to terminate the interview at any time, and of his right to have an examining trial. . . . The magistrate shall also inform the person arrested that he is not required to make a statement and that any statement made by him may be used against him.

Tex. Code Crim. Proc. art. 15.17(a).

In everyday terms, he hears:

• What he is charged with, and that there may be a sworn statement (an affidavit) from an officer explaining why.
• That he can hire a lawyer, and that he can ask for one to be appointed if he cannot afford one.
• That he does not have to talk, and anything he says can be used against him.
• That he can have a lawyer present if police or prosecutors try to interview him, and that he can end any interview at any time.
• That in a felony case he has the right to an examining trial, a hearing before indictment where a magistrate looks into the accusation (Tex. Code Crim. Proc. art. 16.01).
• If it applies, that he can file a sworn affidavit saying he cannot afford the bail amount (more on that below).

Can he have a lawyer at magistration?

It depends on the county. In Travis County, defense lawyers are part of the magistration docket through the CAFA program (counsel at first appearance). They review the arrest affidavit and the Pretrial Services report, meet with the person arrested, and speak for him at the hearing. We explain how that works in Arrested in Austin? How CAFA Affects Getting Out of Jail in Travis County. If he already has a private lawyer, tell the jail and the lawyer’s office as early as you can, so the lawyer can be reached before the hearing.

Other counties set up magistration differently, so whether a defense lawyer is in the room depends on where he was arrested. Whatever the county, the law requires the magistrate to tell him he can ask for an appointed lawyer if he cannot afford one, to ask whether he wants to request one, and to keep a record of his answer. If he is indigent and asks, the magistrate appoints counsel where the magistrate has that authority, and otherwise sends the request on to the court that does (Tex. Code Crim. Proc. art. 15.17(a), (e)). The practical advice is simple: if he cannot afford a lawyer, he should say yes when asked.

What does the magistrate decide about the arrest itself?

The magistrate does not decide whether he is guilty and does not weigh his explanation. What the magistrate does review is the officer’s sworn affidavit, to decide whether there is probable cause to hold him. That decision turns on what the affidavit says, not on his side of the story. If the magistrate finds no probable cause, the magistrate has to enter written findings in the record within 24 hours (Tex. Code Crim. Proc. art. 15.17(h)). Our post on getting out of jail in Austin explains how a weak case can end at this stage.

The hearing is recorded, and that cuts both ways

This is the part almost nobody explains. The law requires a record of the communication between the person arrested and the magistrate. The record can be a written form, an electronic recording, or other documentation, and it is kept only until the pretrial hearing ends, or until the 91st day after it is made in a misdemeanor case or the 120th day in a felony case, whichever comes first (Tex. Code Crim. Proc. art. 15.17(a), (f)). His lawyer can get a copy for the cost of reproduction, and if he is indigent the court provides it free (id. art. 15.17(f)).

That matters in two directions. Whatever he says to the magistrate can end up in that record. And the record is also the proof of what he was told, and how. A lawyer who comes into the case early can request it while it still exists.

Why magistration is not the time to tell his side

People who have been arrested want to explain. That is human, and it is especially strong in someone who believes the accusation is wrong. But the magistrate is not deciding what happened, and the magistrate says so in the warnings: he is not required to make a statement, and any statement can be used against him.

The same is true of the jail phone. Calls from jail are generally recorded, and families often say things in the first week that cannot be unsaid. We cover that in Are Jail Phone Calls Recorded and Used Against You in Texas? His side of the story matters a great deal. The right place for it is with his lawyer first.

How bail gets set at a magistration hearing

Without unnecessary delay, and no later than 48 hours after the arrest, a magistrate has to decide, after looking at the individual person and the circumstances, whether he gets a personal bond, a cash or surety bond, or, in limited cases, no bail at all (Tex. Code Crim. Proc. art. 17.028(a)). For how those bond types differ, see Personal, Surety, and Cash Bonds in Austin Explained.

What the magistrate is supposed to consider

Texas law lists the factors (Tex. Code Crim. Proc. art. 17.15(a)). In plain terms:

• Bail should be enough to give reasonable assurance he will come back to court.
• Bail cannot be used as “an instrument of oppression.”
• The nature of the charge and how it allegedly happened, including whether it involves violence.
• His ability to make bail, and “proof may be taken on this point.”
• The future safety of the alleged victim, law enforcement, and the community.
• His criminal history, including any acts of family violence, other pending charges, and prior failures to appear.
• His citizenship status.

Two more rules matter. The magistrate has to impose the least restrictive conditions, if any, and only the bond necessary to reasonably ensure he comes to court and the community stays safe (Tex. Code Crim. Proc. art. 17.028(b)). And the law starts from a rebuttable presumption that bail, conditions of release, or both are enough to do that job (id. art. 17.028(c)). Release is where the law begins.

When the family cannot afford the amount

If he is charged with a Class B misdemeanor or anything more serious and cannot pay the amount set by a bail schedule or standing order, he can file a sworn affidavit saying so, along with a financial form (Tex. Code Crim. Proc. art. 17.028(f), (g)). The magistrate has to tell him he has that right and make sure he gets reasonable help completing the forms (id. art. 17.028(g-1)). Filing it entitles him to a prompt review of the amount, and if the magistrate does not set bail below the schedule amount, the magistrate has to put the reasons in writing (id. art. 17.028(h)). What he says on that form can be used only for limited purposes: deciding whether he is indigent, impeaching testimony he gives later, or prosecuting a false statement (id. art. 17.028(l)).

This is a place the family can help in a practical way: accurate information about his job, his rent, and what the household can actually pay.

When can bail be denied?

Since voters approved it in November 2025, the Texas Constitution allows bail to be denied for a specific list of serious charges, but only if the state proves it is necessary at a hearing. The section covers people accused of murder, capital murder, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, trafficking of persons, continuous trafficking of persons, and aggravated assault when the person caused serious bodily injury or used a firearm, club, knife, or explosive weapon (Tex. Const. art. I, § 11d(a)). The standard reads:

A person to whom this section applies shall be denied bail pending trial if the attorney representing the state demonstrates: (1) by a preponderance of the evidence after a hearing that the granting of bail is insufficient to reasonably prevent the person’s wilful nonappearance in court; or (2) by clear and convincing evidence after a hearing that the granting of bail is insufficient to reasonably ensure the safety of the community, law enforcement, and the victim of the alleged offense.

Tex. Const. art. I, § 11d(b).

Read that carefully, because it is better than the headlines made it sound. Being charged with one of those offenses does not mean bail is denied. The burden is on the state, it has to be met at a hearing, and he is entitled to a lawyer at that hearing (id. § 11d(f)). If bail is granted, the judge or magistrate has to set only the bail and conditions reasonably necessary and explain the decision in a written order (id. § 11d(c)). And the section does not limit his right to contest a denial of bail or the amount set (id. § 11d(d)(1)).

One honest caution: the same section says it does not require testimonial evidence before a judge or magistrate makes the bail decision (id. § 11d(d)(2)). The decision may be made without live witnesses. That is why it is important to have a lawyer involved before it happens rather than after.

Some magistrates cannot release on certain charges

Under a 2025 law, a magistrate appointed under Chapter 54 of the Texas Government Code may not release on bail someone charged with murder, capital murder, aggravated kidnapping, or aggravated sexual assault. The same limit applies to some people charged with a felony because of their history: being out on bail, parole, or community supervision for a felony at the time of the new charge, having two or more prior felony convictions that led to a prison sentence, or being subject to an ICE detainer (Tex. Code Crim. Proc. art. 17.027(a-2)). Whether this limit applies depends on who is serving as magistrate in that county. When it does, someone other than that magistrate has to make the release decision, and that can mean a longer wait for a number. It is not the same as a denial.

What does not move the number

How unfair the charge feels, how sorry everyone is, and his explanation of what happened are not what the magistrate is considering. Verifiable facts are: where he lives, where he works, who depends on him, and what the family can actually pay. If the number is still out of reach, bail can be revisited after magistration. A lawyer can ask the court to reconsider, and the affidavit described above is the first step for someone who cannot meet a scheduled amount.

Conditions and protective orders that can start the same night

Bond conditions

Any bond can come with conditions (Tex. Code Crim. Proc. art. 17.028(a)). Conditions can include no contact with the person who made the accusation and reporting to a pretrial supervision program. A magistrate may impose any reasonable condition related to the safety of a victim or the community (Tex. Code Crim. Proc. art. 17.40(a)). In certain cases where the alleged victim is a child under 18, the magistrate has to require that he not communicate directly with the child or go near a residence, school, or other location the child frequents (Tex. Code Crim. Proc. art. 17.41(b)).

Conditions are rules he has to follow while the case is pending. If a hearing finds by a preponderance of the evidence that he violated a safety condition, the magistrate has to revoke the bond and send him back to custody (Tex. Code Crim. Proc. art. 17.40(b)). A bond can be lost even when the case itself is going well.

Emergency protective orders

After an arrest for a family violence offense, or for sexual assault, aggravated sexual assault, indecent assault, stalking, or trafficking, the magistrate may issue an emergency protective order at magistration (Tex. Code Crim. Proc. art. 17.292(a)). In a family violence case involving serious bodily injury, or the use or exhibition of a deadly weapon during an assault, the magistrate must issue one (id. art. 17.292(b)).

These orders are temporary. An order issued at the magistrate’s discretion, or required because of serious bodily injury, lasts at least 61 and up to 91 days. An order required because a deadly weapon was used or exhibited during an assault lasts at least 91 and up to 121 days (id. art. 17.292(j)). After notice and a hearing, the issuing court can modify an order only if it finds that the order is unworkable, that the change will not put the victim at greater risk, and that it will not endanger anyone the order protects (id.).

The order can bar him from going to or near the residence, workplace, or business of a family or household member or a protected person, and the residence, child care facility, or school of a protected child. It can limit contact with those people, and it can bar him from possessing a firearm (id. art. 17.292(c)). If the order conflicts with an existing court order about a child’s possession or access, the emergency order controls while it lasts (id. art. 17.292(f)). For how longer protective orders work, see our protective order page.

Two things families often do not realize. First, the order is directed at him, not at the family, but the family can still put him in a bad position by carrying messages to someone the order protects. Second, the protected person agreeing to see him does not cancel the order. Every emergency protective order has to say so in bold or capital letters:

NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER.

Tex. Code Crim. Proc. art. 17.292(g).

If the order covers the family home, he cannot go back there until a court changes it, and his lawyer is the one to ask.

How Travis, Williamson, Hays, and Bastrop handle magistration

The 48-hour rule is statewide, but each county runs the process its own way.

If he was arrested in one county on a warrant from another, the process can run differently. The law lets the arresting officer take him before a magistrate in another county to get the warnings to him faster (Tex. Code Crim. Proc. art. 15.17(a)). That is worth a phone call to a lawyer on its own.

What the family can and cannot do before and after magistration

What helps:

• Find him. Use the sheriff’s online inmate search for the county where he was arrested, or call the jail. The listing often shows the charge and, once it is set, the bond.
• Gather the facts the magistrate and Pretrial Services care about: his employer, how long he has lived at his address, who depends on him, and people who can confirm it.
• Work out what the household can realistically pay, so that number is ready.
• If he is in Hays County, check whether the county’s magistrate court live stream and docket show his hearing.
• Call a lawyer. A lawyer who gets involved early can request the hearing record while it still exists, gather the facts the magistrate looks at, and tell you what to expect.

What to avoid:

• Do not talk about the case on jail calls, video visits, or in letters. Talk about how he is doing, what he needs, and when you will call next.
• Do not contact the person who made the accusation, or pass messages along, especially if there is a protective order.
• Do not call the detective to explain, even with good intentions. What the family says can become part of the case.
• Do not post about the arrest or the case online.

Magistration hearing in Texas: common questions

How long does it take to see a magistrate after an arrest in Texas?

No more than 48 hours, and the law says it should happen without unnecessary delay (Tex. Code Crim. Proc. art. 15.17(a)). In practice it is often much sooner.

What does “magistrated” mean on the jail website?

It means he has already appeared before a magistrate, heard the charge and his rights, and had a bail decision made. If a bond amount appears next to it, that is the number set at magistration. It is a starting point, not a final answer.

Can I find out his bond amount online?

Often, yes. Many county inmate searches list the charge and the bond once it is set. If the listing is blank, the bond may not be set yet, or someone other than the magistrate may be making the decision.

Can the bond be lowered after magistration?

Yes, bail can be revisited after magistration. A defendant who cannot afford a scheduled amount can ask for a prompt review (Tex. Code Crim. Proc. art. 17.028(h)), and his lawyer can ask a court to reconsider.

Does he get a lawyer at magistration?

It depends on the county. In Travis County, defense lawyers work the magistration docket through CAFA. In other counties, ask the jail or a defense lawyer how that county handles it. In every county, the magistrate must tell him he can ask for an appointed lawyer if he cannot afford one (Tex. Code Crim. Proc. art. 15.17(a), (e)).

Can family attend or watch a magistration hearing?

It depends on the county. Most magistration hearings happen at the jail or by video, not in an open courtroom. Hays County posts a live stream and its magistrate court docket online. For other counties, ask the jail or a defense lawyer.

What happens if he is not seen by a magistrate within 48 hours?

If he was arrested without a warrant and no magistrate has found probable cause, the law requires release on bond: within 24 hours for a misdemeanor, on a bond of no more than $5,000, and within 48 hours for a felony, on a bond of no more than $10,000. If he cannot get a surety or deposit the money, he must be released on a personal bond. The state can ask to postpone that release to 72 hours (Tex. Code Crim. Proc. art. 17.033(a)–(c)). If he is taken to a hospital or clinic first, those clocks start when he is released from the medical facility (id. art. 17.033(d)). In most cases the probable cause finding happens on time, so this rule matters less often than families hope, but a lawyer should check.

Can he be denied bail in Texas?

Only in limited cases, and only if the state proves it at a hearing. For a specific list of serious violent and sexual charges, the state has to show that granting bail would be insufficient to reasonably prevent him from missing court, or to reasonably protect the community, law enforcement, and the alleged victim (Tex. Const. art. I, § 11d(a)–(b)). He is entitled to a lawyer at that hearing (id. § 11d(f)).

There is a protective order now. Can he come home?

Not if the order covers the home. An emergency protective order can bar him from going to or near a residence for at least 61 and up to 91 days, or at least 91 and up to 121 days when a deadly weapon was used or exhibited during an assault (Tex. Code Crim. Proc. art. 17.292(c), (j)). The family agreeing does not change that; a court has to. Ask his lawyer about it right away.

What should I say to him on the jail phone?

Anything except the case. Tell him you love him, ask what he needs, and let his lawyer handle the facts. Jail calls are generally recorded, and we explain why that matters in Are Jail Phone Calls Recorded and Used Against You in Texas?

What to do now

Magistration is the first step in a Texas criminal case, not the last word. At a magistration hearing in Texas, he hears the charge, gets his rights, has the arrest reviewed for probable cause, and gets a first bail decision, usually within hours and never more than 48 hours after arrest. What helps most in that window is simple: he stays quiet about the case, the family gathers the facts that support release, and a lawyer gets involved before decisions harden. The record of the hearing is kept for a limited time, emergency protective orders run on short clocks, and the bail decision can be revisited.

CMK Defense represents people facing criminal charges in Travis, Williamson, Hays, and Bastrop counties. If someone you love was just arrested, call 512-375-3303. We will listen, explain where things stand, and tell you what we can do next.

Related reading

• Arrested in Austin? How CAFA Affects Getting Out of Jail in Travis County
• Personal, Surety, and Cash Bonds in Austin: What Families Need to Know
• Are Jail Phone Calls Recorded and Used Against You in Texas?
• Do I Have to Talk to Police in Texas If I’m Not Under Arrest?