Part 5: Magistrate Hearing, Examining Trial and Competency Proceedings
There are a few procedural items that need to be addressed, even though they won’t all be applicable to every case. These items are the Magistrate Hearing, Examining Trial and Competency. In this section, we will briefly describe each and explain situations in which they might apply to your case, but you should discuss these with your criminal defense attorney to determine whether they would help or hurt your case.
Initial Appearance Before the Magistrate
Sometimes known as “Magistration”
There are generally three ways to wind up in jail: 1) you committed an act in the presence of a police officer for which s/he believes there is probable cause to place you under arrest for a criminal offense; 2) you committed an act which was immediately reported to a police officer and based on the information the officer received from the witness(es) believes there is probable cause to place you under arrest for a criminal offense; or 3) a crime has been reported to and investigated by a police officer, and that officer develops probable cause to apply to a judge/magistrate for an arrest warrant to place you under arrest for a criminal offense. Once you find yourself in jail it is the responsibility of the magistrate on duty to individually inform you of your rights (e.g., right to remain silent, right to counsel, etc.), inform you of the specific charges levied against you, set your bond amount and specific conditions you must follow. The exact responsibilities are set out in the Texas Code of Criminal Procedure Art. 15.17: DUTIES OF ARRESTING OFFICER AND MAGISTRATE.
Examining Trial before Indictment
An examining trial is similar to asking the Magistrate to review the arresting officer’s probable cause report, except this is a hearing in which the State can call witnesses, such as the arresting officer, to give testimony. The Rules of Evidence do not apply, and therefore the witnesses can testify to hearsay, but there is a written record and any statements made can be used later in trial if the witnesses change their testimony. In such cases, it can be an important fact-finding and evidence-gathering tool available to the defense. An examining trial is only available in felony cases and only before an indictment has been handed down by the Grand Jury. In many counties prosecutors have a policy of proceeding immediately to indictment if an examining trial is requested by the defense in order to prevent the examining trial, and thus your Criminal Defense Attorney may believe there are strategic benefits to not request an examining trial.
Competency Evaluation in Criminal Cases
According to the State Bar of Texas, “The client must be able to understand, assist counsel, and participate in the proceedings against the client in order to stand trial or enter a plea.” This rule is specifically designed to protect defendants that are unable to grasp the serious nature and potential consequences of waiving their constitutional rights or allowing a lawyer to proceed to trial without their client’s full participation and assistance. If you are aware of an existing disability or diagnosis, or just believe that you do not have the intellectual capacity to understand the proceedings, it is imperative that you discuss this with your attorney so that additional steps can be taken to get evaluated and even request a competency hearing. During such hearing, a judge will review medical and anecdotal evidence and determine whether there is some evidence that supports a finding of incompetence. If so, the judge must postpone all other proceedings until you receive treatment and counseling aimed at restoring competency.
Listening To Your Defense Attorney
If your Criminal Defense Lawyer is present for your initial appearance before the magistrate, it may be beneficial for him/her to ask the magistrate to examine the alleged facts as they have been explained in the arresting officer’s statement or report and determine whether or not there is probable cause to support the charges that have been levied against you. In the rare case that the magistrate determines there is no probable cause based on what has been presented, then the case should be dismissed and you should be released. Please note that this is not always a good move strategically, because the State can still gather additional facts, revise their probable cause statement and reapply for an arrest warrant, which will restart the process you have just endured.
Similarly, only your defense attorney will be able to tell you whether or not it is a good idea to request an examining trial. One reason to proceed might be to give you a chance to present indisputable exculpatory evidence or testimony (such as an air tight alibi) that would refute any chance of the State proving there is probable cause that you committed the alleged crime. Another reason to proceed, especially in the instance of a case the State has been sitting on for many months, would be to force the State to proceed to felony indictment when they aren’t prepared. Note that this approach may result in a dismissal, but the case could be re-filed and re-indicted at a later date.
Defense attorneys, through years of in-the-trenches experience (and sometimes additional highly specialized training), are well-suited to gauge the mental capacity of their clients. In the planning and strategy meetings leading up to trial, your attorney will begin to develop a sense of your ability to comprehend the ongoing proceedings and may take steps to have you evaluated for mental illness or developmental disabilities that could greatly impede your success at trial. Your attorney should be keenly familiar with Code of Criminal Procedure Article 46B and know when it is appropriate to request a mental health evaluation.
Trusting Your Criminal Defense Attorney
Cofer Law, P.C. has many years’ experience with the three legal proceedings outlined above. Our knowledgeable Fort Worth Criminal Attorneys are able to evaluate your case and give you sound legal advice on whether you could benefit from requesting a probable cause hearing. We will use every tool at our disposal to ensure a swift disposition in your criminal case. We have also received hours of specialized legal training in helping our clients navigate the legal system while dealing with mental illness and disability. If you have questions about your pending legal case, don’t endure it alone. Call one of our attorneys to walk with you through this difficult process.
