Texas Code of Criminal Procedure 14.06 – Must Take Offender Before Magistrate
(a) Except as otherwise provided by this article, in each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than 48 hours after the person is arrested, before the magistrate who may have ordered the arrest, before some magistrate of the county where the arrest was made without an order, or, to provide more expeditiously to the person arrested the warnings described by Article 15.17 of this Code, before a magistrate in any other county of this state. The magistrate shall immediately perform the duties described in Article 15.17 of this Code.
(b) A peace officer who is charging a person, including a child, with committing an offense that is a Class C misdemeanor, other than an offense under § 49.02, Penal Code, may, instead of taking the person before a magistrate, issue a citation to the person that contains:
(1) written notice of the time and place the person must appear before a magistrate;
(2) the name and address of the person charged;
(3) the offense charged;
(4) information regarding the alternatives to the full payment of any fine or costs assessed against the person, if the person is convicted of the offense and is unable to pay that amount; and
(5) the following admonishment, in boldfaced or underlined type or in capital letters:
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 180 days | up to $2,000 |
| Class C misdemeanor | up to $500 |
Terms Used In Texas Code of Criminal Procedure 14.06
- Arrest: Taking physical custody of a person by lawful authority.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
“If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. § 922(g)(9) or § 46.04(b), Texas Penal Code. If you have any questions whether these laws make it illegal for you to possess or purchase a firearm, you should consult an attorney.”
(c) If the person resides in the county where the offense occurred, a peace officer who is charging a person with committing an offense that is a Class A or B misdemeanor may, instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate of this state as described by Subsection (a), the name and address of the person charged, and the offense charged.
(d) Subsection (c) applies only to a person charged with committing an offense under:
(1) § 481.121, Health and Safety Code, if the offense is punishable under Subsection (b)(1) or (2) of that section;
(1-a) § 481.1161, Health and Safety Code, if the offense is punishable under Subsection (b)(1) or (2) of that section;
(2) § 28.03, Penal Code, if the offense is punishable under Subsection (b)(2) of that section;
(3) § 28.08, Penal Code, if the offense is punishable under Subsection (b)(2) or (3) of that section;
(4) § 31.03, Penal Code, if the offense is punishable under Subsection (e)(2)(A) of that section;
(5) § 31.04, Penal Code, if the offense is punishable under Subsection (e)(2) of that section;
(5-a) § 37.10, Penal Code, if the offense is for tampering with a temporary tag issued under Chapter 502 or 503, Transportation Code;
(6) § 38.114, Penal Code, if the offense is punishable as a Class B misdemeanor; or
(7) § 521.457, Transportation Code.