Which statement correctly describes complaint handling for felonies?

Which statement correctly describes complaint handling for felonies?

• 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)

In Texas, starting a felony case hinges on a magistrate reviewing a sworn statement that shows probable cause a crime occurred and that the named person likely committed it. A magistrate can be any official authorized to perform magistrate duties, such as a justice of the peace, a district judge, or a municipal judge when they are acting in that capacity. Because of this authority, a municipal judge acting as a magistrate is permitted to accept a complaint together with a probable cause affidavit for a felony. That’s the mechanism that allows the case to move forward, including issuing warrants or guiding the next steps in prosecution. The other statements don’t fit because peace bonds and peace bond hearings aren’t limited to justices of the peace, and district court judges aren’t the only ones who can handle a felony complaint. Dismissing a case filed by a citation isn’t within a peace officer’s authority; dismissals are handled by prosecutors or the court, not by the officer who filed the citation.

In Texas, starting a felony case hinges on a magistrate reviewing a sworn statement that shows probable cause a crime occurred and that the named person likely committed it. A magistrate can be any official authorized to perform magistrate duties, such as a justice of the peace, a district judge, or a municipal judge when they are acting in that capacity. Because of this authority, a municipal judge acting as a magistrate is permitted to accept a complaint together with a probable cause affidavit for a felony. That’s the mechanism that allows the case to move forward, including issuing warrants or guiding the next steps in prosecution.

The other statements don’t fit because peace bonds and peace bond hearings aren’t limited to justices of the peace, and district court judges aren’t the only ones who can handle a felony complaint. Dismissing a case filed by a citation isn’t within a peace officer’s authority; dismissals are handled by prosecutors or the court, not by the officer who filed the citation.