What Happens at Bexar County Central Magistrate After an Arrest

The Bexar County Central Magistrate is the courtroom most people are seen in within twenty-four hours of an arrest in San Antonio^[1]. It sits at 200 N. Comal Street, on the same block as the Bexar County Jail.^[2] If you are reading this for someone who was arrested last night, the courtroom they are sitting in right now is almost certainly Central Magistrate.

Here is what happens there, in order, and what a defense lawyer can and cannot do at this stage.

Why Central Magistrate exists

Under Article 14.06 and Article 15.17 of the Texas Code of Criminal Procedure, a person who is arrested has to be taken before a magistrate “without unnecessary delay.”^[3] In Bexar County, that has meant a centralized courtroom that operates around the clock. The judges who sit there are Bexar County magistrates whose entire job is reading rights, setting bond, and addressing immediate post-arrest questions.

The hearing is short. It is not a trial. It is not a plea. It is the procedural step where the State formally tells the arrested person what they are accused of, and the court formally sets the conditions under which they can be released while their case proceeds.

What happens during the hearing

Reading of charges. The magistrate names the offense the person has been arrested for. This is usually based on the arresting officer’s probable cause affidavit, not a formal indictment yet. A felony case will still need to go to a grand jury after this.

Reading of statutory warnings. The right to remain silent, the right to a lawyer, the right to terminate a custodial interview at any time, and the right to have a lawyer present during questioning. This is sometimes called the “magistrate’s warning” and it is required under Article 15.17.^[4]

Determination of probable cause. The magistrate looks at the affidavit to confirm there is enough on its face to support the arrest. This is a low bar and the magistrate is reading the State’s version of events, not weighing evidence.

Bond setting. The magistrate sets the bond amount or, for some misdemeanors, allows a personal recognizance release. Bexar County uses a bond schedule for many common offenses^[5], with departures up or down based on criminal history, the alleged conduct, and any safety concerns.

Conditions of release. For certain charges, conditions get layered on top of the bond amount. Family-violence-flagged assaults trigger no-contact orders. DWI cases trigger an interlock requirement once the case moves forward. Drug cases sometimes trigger random testing as a condition of release.

What a defense lawyer can do at this stage

Bexar County does have a process for an attorney to be involved at Central Magistrate. The Bexar County Public Defender’s Office covers some of these hearings for indigent clients.^[6] Private counsel can also appear, depending on timing and arrangement.

When a defense lawyer is involved, the realistic asks are these:

• A lower bond amount than the schedule starts with, supported by the client’s ties to the community, employment, and lack of flight history.
• A personal recognizance release where the offense and history support it.
• Modification of the proposed conditions of release where they would interfere with employment, family, or treatment.
• A reset of the hearing to allow time to gather supporting documentation, in narrow circumstances.

What a defense lawyer cannot do at Central Magistrate is argue the merits of the case, present a defense, or get the case dismissed. None of that is what this courtroom is for.

What happens after Central Magistrate

Once the bond is set and the person is released, the case is assigned. Misdemeanors land in one of the Bexar County Courts at Law. Felonies go to one of the Bexar County District Courts, and at some point are presented to a grand jury. The first setting in the assigned court is typically a few weeks out and is administrative, not substantive. That is the stage at which a defense lawyer formally takes over and the case starts to move.

If your case has moved past Central Magistrate already and you are looking for a Bexar County defense lawyer to take the assigned-court phase, the Bexar County criminal defense page walks through what Forrest Good handles and where. If the arrest is for a DWI specifically, the DWI page covers what the Bexar County process looks like for that charge.

What to do in the hours after a Bexar arrest

For the person who has been arrested, the first thing is to stay quiet about the alleged events. Officers, jail staff, and other detainees are not safe people to talk through it with. Phone calls from the jail are recorded.^[7]

For the family member or friend trying to help from outside the jail, two things are useful. First, the Bexar County jail roster at search.bexar.org confirms the booking is processed and shows the current bond. Second, a defense lawyer’s contact information so the person knows who to call as soon as they are out.

If you need to reach this office about a Bexar County arrest that happened in the last twenty-four hours, the phone number is (210) 236-1441 (or text). The office is at 923 South Alamo Street in the King William neighborhood.

References

1. Tex. Code Crim. Proc. art. 15.17(a) (West 2024) (arrested person to be taken before magistrate without unnecessary delay, but in no event later than 48 hours after arrest). [link]
2. Bexar County Sheriff’s Office, Adult Detention Center, 200 N. Comal St., San Antonio, TX 78207. [link]
3. Tex. Code Crim. Proc. art. 14.06(a) (West 2024). [link]
4. Tex. Code Crim. Proc. art. 15.17(a) (specifying rights of which the magistrate must inform the accused). [link]
5. Bexar County Criminal District Courts, Bond Schedule. [link]
6. Bexar County Public Defender’s Office. [link]
7. Bexar County Sheriff’s Office, Adult Detention Center Inmate Communications & Visitation Policies. [link]