Which statement about filing a felony complaint is true?

Which statement about filing a felony complaint is true?

• A. Only justices of the peace may conduct peace bond hearings.
• B. Municipal judges, acting as magistrates, may accept a complaint (probable cause affidavit) for a felony.
• C. Only district court judges may issue a felony complaint.
• D. A peace officer may dismiss a case filed by a citation.

Answer: (B)

When a felony complaint is filed, a magistrate reviews the sworn facts and must have a probable cause affidavit showing enough evidence to proceed. In Texas, this authority isn’t limited to district court judges. A municipal judge who is acting as a magistrate may accept a felony complaint along with the probable cause affidavit. That’s why this statement is true: it recognizes that municipal judges, when performing magistrate duties, can initiate felony proceedings by accepting the complaint. It’s helpful to keep in mind a couple of related points: peace bond hearings can be held by any magistrate, not solely by justices of the peace; and a peace officer doesn’t have the power to dismiss a case—the court or the prosecutor handles dismissals.

When a felony complaint is filed, a magistrate reviews the sworn facts and must have a probable cause affidavit showing enough evidence to proceed. In Texas, this authority isn’t limited to district court judges. A municipal judge who is acting as a magistrate may accept a felony complaint along with the probable cause affidavit. That’s why this statement is true: it recognizes that municipal judges, when performing magistrate duties, can initiate felony proceedings by accepting the complaint.

It’s helpful to keep in mind a couple of related points: peace bond hearings can be held by any magistrate, not solely by justices of the peace; and a peace officer doesn’t have the power to dismiss a case—the court or the prosecutor handles dismissals.