What Is Magistration? How Bond Amounts Are Set in Dallas County
Explains the magistration hearing at Lew Sterrett — when it happens, what factors the magistrate considers, how the bond schedule works, and why no bond can be posted until magistration is complete.
Magistration is the first formal judicial proceeding after an arrest in Dallas County, and it is a critical step that must occur before any bail bond can be posted. During magistration at the Lew Sterrett Justice Center, a criminal magistrate reviews the arrest affidavit to determine whether probable cause exists for the charges. The magistrate then formally advises the defendant of the charges filed, their right to an attorney, their right to remain silent, and their right to have an examining trial. Dallas County employs seven full-time criminal magistrates who handle these proceedings for all prisoners booked into the county jail system.
After advising the defendant of their rights, the magistrate sets the bail amount. Under Article 17.15 of the Texas Code of Criminal Procedure, the magistrate must consider several factors: the bail must be high enough to reasonably assure the defendant’s appearance in court, but it cannot be used as an instrument of oppression. The magistrate weighs the nature and circumstances of the offense, the defendant’s ability to make bail, the future safety of the victim and the community, the defendant’s criminal history, and any prior failures to appear. Dallas County publishes a recommended bond schedule that provides baseline amounts by charge type, though magistrates retain discretion to set bail above or below the schedule based on individual circumstances.
Magistration also includes the imposition of bond conditions, which can range from simple requirements like maintaining employment and staying in Dallas County to more intensive conditions like GPS monitoring, drug testing, and no-contact orders. The magistrate may also evaluate whether the defendant qualifies for a personal recognizance bond through Dallas County Pretrial Services. Until magistration is complete, the defendant cannot be released on any type of bond. If your loved one has been arrested and you are waiting for magistration to conclude, call Act Quick Bail Bonds at (214) 744-1414 so an agent is ready to post bond the moment bail is set.