Asked 4/11/2016 – Dallas, TX

what does ” immediately” mean in “shall be immediately taken before a magistrate”?
does that imply that if is 3am, the officer will awaken the magistrate?
this has to do with warrantless arrest for traffic infractions from texas transportation code.
elsewhere in the code details precisely the maximum time it takes to see a magistrate when arrested with a warrant.
seems to mean to get it done by the best means available, not by reasonable means

Answer

There is no specified time restraint placed on arraignment under the Code of Criminal Procedure or the Transportation Code. Generally, if a defendant is detained in a municipal jail for a class c violation, the Judge will perform arraignments once a day, usually first thing in the morning. The band should be set within 24 hours after arrest The remedy if no arraignment has been performed is to file a writ to have a bond set; a local attorney can help in that regard.