tag:blogger.com,1999:blog-8597101.post307519972849362736..comments2024-03-15T05:45:01.402-05:00Comments on Grits for Breakfast: How long should cops get to jail people without charges?Gritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-8597101.post-60010082410728861612016-07-26T04:59:30.599-05:002016-07-26T04:59:30.599-05:00I can't believe that the police can arrest and...I can't believe that the police can arrest and put someone in <a href="http://jrsbailbond.com/" rel="nofollow">jail</a> without having charges filed and enough evidence that they committed a crime. I can understand holding someone if they truly believe they have committed a crime but what about the innocent people? This is really unfair and against people's rights to be held when they haven't done anything. I guess I can see both sides, but people's rights have to be protected.Eliseo Weinsteinhttps://www.blogger.com/profile/06407697057363434395noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-62373190093861057852014-07-16T15:05:05.769-05:002014-07-16T15:05:05.769-05:00Grits, DPS is up to their shenanigans again. Taki...Grits, DPS is up to their shenanigans again. Taking all your fingerprints with no legislative justification to do so. Article is in the DMN.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-15846240418354126532014-07-16T11:36:09.288-05:002014-07-16T11:36:09.288-05:00Grits, thanks for another very informative piece.
...Grits, thanks for another very informative piece.<br /><br />Texas - a State of Confusion & Land of the Loopholes. We have a long running in-your-face, disgraceful History of Ignoring the Constitution as a whole, especially a lil thang called the Bill of Rights. <br /><br />When: the law enforcement, the courts and those choosing a career in the criminal defense niche 'collectively' decide to 'Rig' the system in a manner that knowingly & willingly violates Rules imposed to keep everything on the up & up and the people don't give a rat's ass unless it directly affects them - we (even those of us that oppose Rigging) get what we deserve. <br /><br />When we allow them to tweak it in the dark, and with 254 counties not being mandatorially in sync, we allow for this very type of state-wide creative chaos. <br /><br />It impairs or, prevents tourism by Texans in the know, as it ensnares the unsuspecting in order to put money in corrupt and bankrupt coffers due to the majority simply paying fines & fees - Guilty or Not. How sad of a state is it when folks don't want to drive three hours away due to speed traps and gypsy cops with cleansed backgrounds roaming / hunting for dollars. <br /><br />Now, who do we talk to right now (today) about getting all 254 counties to recognize and respect the Constitution (the Bill of Rights)? Remember if you vote without vetting (asking questions and getting answers) you get what you vote for. Those thinking that voting and inconsistent laws are off topic, can't be helped. Thanks.Thomas R. Griffithhttp://www.projectnotguilty.comnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-81730086342380010592014-07-16T06:01:16.165-05:002014-07-16T06:01:16.165-05:00Gotcha, 8:40, which is probably why Harris does th...Gotcha, 8:40, which is probably why Harris does things so much quicker - a prosecutor is involved on the front end before arrests are even made.<br /><br />This sounds like one of those moments where DPD figured "never let a crisis go to waste." Their computer software fouled up but instead of fixing the problem they want to institutionalize delays.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-59353265986733991432014-07-15T20:40:54.381-05:002014-07-15T20:40:54.381-05:00All Dallas inmates are magistrated and a probable ...All Dallas inmates are magistrated and a probable cause affidavit and warrant obtained at book in. Magistrates are on duty 365 days a year, 24 hours a day. The "dry writ" deadline is for filing the case with the Dallas DA's office.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-20902279867053378702014-07-15T16:17:52.460-05:002014-07-15T16:17:52.460-05:00Art. 17.033. RELEASE ON BOND OF CERTAIN PERSONS AR...<br /><br />Art. 17.033. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. (a) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $5,000, not later than the 24th hour after the person's arrest if the person was arrested for a misdemeanor and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.<br /><br />(a-1) Expired.<br /><br />(b) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $10,000, not later than the 48th hour after the person's arrest if the person was arrested for a felony and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.<br /><br />(c) On the filing of an application by the attorney representing the state, a magistrate may postpone the release of a person under Subsection (a), (a-1), or (b) for not more than 72 hours after the person's arrest. An application filed under this subsection must state the reason a magistrate has not determined whether probable cause exists to believe that the person committed the offense for which the person was arrested.<br /><br />(d) The time limits imposed by Subsections (a), (a-1), and (b) do not apply to a person arrested without a warrant who is taken to a hospital, clinic, or other medical facility before being taken before a magistrate under Article 15.17. For a person described by this subsection, the time limits imposed by Subsections (a), (a-1), and (b) begin to run at the time, as documented in the records of the hospital, clinic, or other medical facility, that a physician or other medical professional releases the person from the hospital, clinic, or other medical facility.<br /><br />(e) Expired.<br /><br /><br />Added by Acts 2001, 77th Leg., ch. 906, Sec. 5(a), eff. Jan. 1, 2002. Subsec. (d) added by Acts 2003, 78th Leg., ch. 298, Sec. 1, eff. June 18, 2003.<br /><br />Amended by: <br /><br />Acts 2011, 82nd Leg., R.S., Ch. 1350 (H.B. 1173), Sec. 1, eff. September 1, 2011.<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-45779502101553928462014-07-15T12:14:00.942-05:002014-07-15T12:14:00.942-05:00@11:27, they're supposed to see a magistrate w...@11:27, they're supposed to see a magistrate within 48 hours according to <a href="http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.15.htm#15.17" rel="nofollow">Art. 15.17 of the Code of Criminal Procedure</a>, and at that time the magistrate is supposed to "inform in clear language the person arrested ... of the accusation against him".<br /><br />IANAL so I don't understand how they're getting around that, nor why the SCOTUS case Tom Moran cites wouldn't require them to expedite charges more quickly. I'd welcome any informed opinions or even educated guesses on the matter.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-27673114928173256422014-07-15T12:13:45.499-05:002014-07-15T12:13:45.499-05:00Anon 11:27 I am a babe in the woods like you, desp...Anon 11:27 I am a babe in the woods like you, despite thinking that I'm pretty sophisticated in criminal justice--guess I am just as dumb as anyone, too much learning from TV shows. <br /><br />I thought it was 24 hours. Sure ought to be. The police I know like to lock everybody up and keep them there. <br /><br />Shocked and embarassed that I didn't know this.<br /><br />Prison DocAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-22511425636742769672014-07-15T11:27:39.049-05:002014-07-15T11:27:39.049-05:00I'm a bit confused. Is this deadline for proba...I'm a bit confused. Is this deadline for probable cause/magistration or for filing the case with the DA? I was under the impression that anyone arrested had to see a magistrate within 24 hours.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-34446486643073540162014-07-15T10:37:39.440-05:002014-07-15T10:37:39.440-05:00The case is County of Riverside v. McLaughlin, 500...The case is County of Riverside v. McLaughlin, 500 U.S. 44 (1991). Given the slow communications between Washington and Dallas County (the Pony Express is slow), I guess 23 years is a reasonable time for Dallas to get the word.<br />Tom Morannoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-72968237822643330132014-07-15T10:30:55.859-05:002014-07-15T10:30:55.859-05:00some years ago, the Supreme Court held it was a fo...some years ago, the Supreme Court held it was a fourth amendment violation to hold someone more than 48 hours without a judicial determination of probable cause. Justice Scalia went nuts. He said 48 hours was way too long and it should be 24 hours.<br />Don't remember the name of the case but the defendant was Riverside County, California, and it came out in the 90s.<br />I guess it takes a while for the word to get to Dallas County but I sure would like to be the lawyer representing the next guy who is held for three days without a judicial determination of probable cause. I'm about to retire and could use a big influx of cash.Tom Morannoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-91850412173258394572014-07-15T09:56:27.693-05:002014-07-15T09:56:27.693-05:00Police state wanting to hold its own citizens with...Police state wanting to hold its own citizens without cause , or take their time to make something stick.. Dallas police needs extra time for everything like , shooting citizens.. Now they want to hold citizens until they see fit .police state .habeas corpus !!! Formally charge them then arrest them.. instead they arrest you then investigate whats going on here? Anonymousnoreply@blogger.com