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I agree. Now show where he did not inform her.
Part of the reason that the DA recommended and the judge vacted is because the summons did not inform Ms. Tran of her rights. That is on record. The article that you linked several posts back said this same thing. Not once did it state that the judge did not inform Ms. Tran of her rights. You are the only one saying that the judge himself did not inform her of her rights.
The summons is not a requirement for notice, the Magistrate is. I have provided you with primary sources; i.e. Statutes, local rules. If the judge did inform Ms. Tran of her rights then the notice would have been sufficient, even if the summons was silent.
I will provide an attorney's opinion who practices criminal law in Texas.
"...Case begins when there is probable cause to believe that a crime has been committed. There are three ways that a case can be brought to court:
- arrest of the accused at the scene of the crime or soon thereafter
- arrest based on a warrant issued by a court as a result of a sworn complaint
- arrest based on an indictment by a grand jury after investigation
The Magistrate must inform the accused of his constitutional rights and determine whether probable cause exists for the arrest."
Houston Defense Lawyer | Criminal Procedure
Either the accused was informed of their rights by a Magistrate or the Magistrate did not inform the accused of their rights. There is no way around the notice requirement. According to the newspaper account of what occurred, the summons was a factor, but, not the deciding factor pursuant to Texas law.
In fact, the only requirements for a summons in Texas are as follows: " A summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place. The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address."
CODE OF CRIMINAL PROCEDURE**CHAPTER 15.
Even if the person named in the summons had their constitutional rights written on the summons it would not satisfy the notice requirement pursuant to Texas law.
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