Video Magistration

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Video Magistration

• DUTIES OF
• THE MAGISTRATE

• Art. 15.17. Code of Criminal Procedure

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Authority to Conduct Video Arraignments

• The arrested person may be taken before the
  magistrate in person or the image of the arrested
  person may be presented to the magistrate by
  means of an electronic broadcast system. The
  magistrate shall inform in clear language the
  person arrested, either in person or through the
  electronic broadcast system,

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• The magistrate shall without unnecessary delay,
  but not later than 24 hours after the person
  arrested requests appointment of counsel,
  transmit, or cause to be transmitted to the court
  or to the courts' designee authorized under
  Article 26.04 to appoint counsel in the county,
  the forms requesting the appointment of counsel.
• This request can be faxed to the appropriate
  Court for appointment.

4

• A recording of the communication between the
  arrested person and the magistrate shall be made.
  The recording shall be preserved until the
  earlier of the following dates (1) the date on
  which the pretrial hearing ends or (2) the 91st
  day after the date on which the recording is made
  if the person is charged with a misdemeanor or
  the 120th day after the date on which the
  recording is made if the person is charged with a
  felony. The counsel for the defendant may obtain
  a copy of the recording on payment of a
  reasonable amount to cover costs of reproduction.
  
• For purposes of this subsection, "electronic
  broadcast system" means a two-way electronic
  communication of image and sound between the
  arrested person and the magistrate and includes
  secure Internet videoconferencing

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Equipment needed for Video Magistration

• A Computer with a Web Cam internet access at
  the Judges location (where ever they are) office,
  home, etc.
• A Computer with a Web Cam internet access at
  the Jail or Detention Facility where the
  Defendant is located.
• Web Cam with Video with Audio Preferable on
  each

6
Software needed to Conduct the Arraignment
Net Meeting that is generally preloaded with
Windows operating system. Any third party vendor
software that will allow video conferencing. Such
as Windows Live Messenger, easily downloaded
from their website and is free
7
Judge
Defendant
Internet
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• You wouldve called ahead to the Jail and had the
  criminal complaints and probable cause affidavits
  faxed to your location.
• You can then read them and attach docket numbers
  to them act accordingly.
• By doing so, youve already gotten the copies
  that you need for your records.

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What is an IP Address

• Basically it is Internet Protocol
• It is a 4 number set of up to 3 digits in each
  such as 111.222.333.444
• Just as you have a phone number or Street address
• It is the address to your computer on the
  internet

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• You will need to know either of the addresses, on
  your computer to receive the call or the
  location to where you are calling.
• Through net meeting, it is exactly like making a
  phone call, except the IP address will look like
  the example below
• 176.112.42.119
• After putting in the address, click on the phone
  icon and it will call that IP address that you
  entered.

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• Either you are calling them or vice versa.
• Either you will accept the call or the Jail will.
• Once the connection is made, ask the jailer if
  they are able to see and hear you. If the answer
  is in the affirmative.
• Activate your Video/Audio recording software.
• This will record your remote arraignment.
• The defendant is brought before the jail computer
  and you verify they can see and hear you.

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• Introduce yourself with your Title and begin the
  arraignment just as you would normally.
• The jailer will put the arraignment sheet in
  front of the defendant they normally follow the
  text.
• Ask the defendant if they understood their
  rights.
• React accordingly
• Ask the defendant to sign the arraignment sheet
• The Jailer should indicate that it is a Video
  Arraignment on the form.

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• Go through the appointment for Council.
• Advise the defendant of his bond amount.
• Ask the defendant to sign both the Arraignment
  and Request/Refusal for Council.
• Ask the Officer/Jailer to also witness the forms.
• Conduct you normal closing with the defendant.
• Stop the Video/Audio recording and save the file
  to whatever you like, such as the docket number.

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After Court ask the Jailer to save all copies of
the arraignment. Either Pick up your paperwork
periodically or have the jail mail the copies Be
sure to save Misdemeanors 91 days and felonies
120 days
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• Judge Kent Walker
• Justice of the Peace Pct.4
• 615 West Herring
• Sour Lake, Texas 77659
• 409-287-3211
• kent_at_jtitexas.com

• Judge Paul Pace
• City of Sour Lake
• 655 West Barkley
• Sour Lake, Texas 77659
• 409-287-3573
• ppace_at_hjisd.net