MAGISTRATE's WARNING Before Me, the Undersigned, Magistrate of Comal County, Texas on the _____ Day of ______, 20___ at ______Am/Pm
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Exhibit B Law Enforcement Agency:______________________ Court #: _____________________ Date of Arrest: _______________________________ County/State: Comal, Texas Time of Arrest: _______________________________ Warrant #, If Any: _____________ Place of Arrest: _______________________________ ____________________________ HAS A PROBABLE CAUSE AFFIDAVIT BEEN FILED? YES NO MAGISTRATE'S WARNING Before me, the undersigned, magistrate of Comal County, Texas on the _____ day of ____________, 20___ at _______ am/pm. appeared DEFENDANT ________________________________________________, DOB _____________ PID#_______________ I gave said person the following warning: You are charged with the offense of: Court Bond _____________________________________________________________ ________________ ______________ _____________________________________________________________ ________________ ______________ _____________________________________________________________ ________________ ______________ _____________________________________________________________ ________________ ______________ You have the right to hire a lawyer to represent you. You have the right to have a lawyer present prior to and during any interview and questioning by peace officers or lawyers representing the State. You have the right to remain silent. You are not required to make a statement, and any statement you make can and may be used against you in court. You have the right to stop any interview or questioning at any time. You have the right to have an examining trial (felonies only). You have the right to legal representation by a lawyer if you cannot afford a lawyer.* *THE MAGISTRATE SHALL ENSURE THAT THE PERSON IS INFORMED OF THE FOLLOWING PROCEDURES: a. An application for a court appointed lawyer must be completed to determine if you qualify for a lawyer to be paid by Comal County; b. Reasonable assistance will be provided to you when filling out the application for a court appointed lawyer, if needed; c. A financial affidavit must be signed; d. An affidavit is a written or printed declaration or statement of facts made voluntarily and confirmed by oath before a person having authority to administer an oath. The financial affidavit that we will go through helps to determine whether you have the necessary finances to hire your own private lawyer. e. If you meet indigence standards, you will qualify to have a lawyer represent you who will be paid by Comal County; f. Further, I want to inform you that if you meet indigence standards, Comal County is using a new procedure for appointing a lawyer for you. As a result of this new procedure, you will be able to choose your court-appointed lawyer from a list of lawyers approved by the Court to provide legal representation in your case. But if you do not want to choose your own lawyer, the Court will select a lawyer for you and this lawyer will be appointed to represent you and paid by Comal County. I will explain this procedure to you more fully if you meet indigence standards. You should expect that your lawyer will try to contact you by the end of the first working day after appointment and to interview you as soon as possible after appointment. If the appointment is made when you are before the court, you will be given the lawyer’s name, address, and phone number. If you are not a United States citizen and you have been arrested or detained, you may be entitled to have us notify your country's consular representatives here in the United States. Do you want us to notify your country's consular officials? No. _________________ Yes. _________________________ If you responded "YES," what country?_____________________________ If you are a citizen of a country that requires us to notify your country's consular representative, we shall notify them as soon as possible. THE ACCUSED _____ DOES / _____ DOES NOT WANT TO REQUEST A COURT APPOINTED LAWYER. __________________________________________ Magistrate Magistrate Remarks: Place of warning: _________________________________ Time: ___________________________________________ Date:___________________________________________ The hearing was interpreted by: _____________________________ .