Magistrate explains bond options, sets bail and no-contact orders for two detainees at Travis County Court

An unnamed magistrate at Travis County Court read constitutional rights in Spanish and explained bond options, assigned counsel where requested and set specific bail amounts and no-contact conditions for two detainees during a magistration proceeding.

The magistrate told those present they had the right to remain silent and to hire an attorney or request a court-appointed lawyer if they could not afford one. The magistrate also described four ways a person could be released: an own-recognizance bond (release on promise to return), cash bail, hiring a surety (bail bond) agency, or hiring an attorney to seek release. The magistrate said many Travis County bail-bond agencies typically charge about 10 percent of the bond amount.

Why this matters: The magistrate’s advisal determines how and when a detained person may be released pending future court dates and clarifies conditions—such as no-contact orders—that, if violated, can lead to re-arrest.

The magistrate told detainees they could ask for the applicable punishment range for their charges and, if they were not U.S. citizens, could request that the court notify their country’s embassy. The magistrate warned that if a detainee waived the right to remain silent, any statements could be used as evidence.

Specific outcomes announced

- Kevin García Díaz: The magistrate said García Díaz faces a state jail felony charge of criminal mischief/destruction of property and set bail at $3,000. The magistrate determined García Díaz did not qualify for release on his own recognizance because of concerns for the alleged victim’s safety. Conditions for release include a court-imposed no-contact order requiring García Díaz to stay at least 200 yards away from the alleged victim and from the victim’s residence. García Díaz requested a court-appointed attorney; the magistrate said an appointed attorney would contact him within a couple of days.

- Defendant identified as “Señorita Gutiérrez”: The magistrate stated she faces a state jail felony for criminal mischief/destruction of property (bail $3,000) and a Class A misdemeanor for unlawful entry (bail $1,000), for a combined bail total of $4,000. The magistrate said officials had not yet contacted the alleged victim in the domestic violence-related case and therefore had not made a final decision on whether to grant release on the detainee’s own recognizance. The magistrate instructed staff to try to contact a listed family member (identified in court as Elena Servín) and said that, if contact were successful, the magistrate could reconsider an own-recognizance release. The magistrate also imposed a no-contact order that bars the defendant from contacting the alleged victim (named in the proceeding) by phone, text, email or in person, and from coming within 200 yards of the named residence at 3101 West Wells Branch Parkway.

Other procedural details

The magistrate explained that if detainees lack funds to hire a private attorney, they may request an appointed (public defender) attorney and that appointed counsel can seek bond reductions or release. The magistrate reiterated that a surety (bail bond) company typically charges about 10 percent of the bond amount (for example, roughly $300 to secure a $3,000 bond). The magistrate asked whether any detained person was not a U.S. citizen and invited them to request embassy notification.

The magistrate repeatedly cautioned detainees that release depends on appearing at all future court dates: failure to appear could result in re-arrest and make future release more difficult.

Ending

The magistrate proceeded to call detainees by name to provide the specific charges, bail amounts and to record whether they wanted a court-appointed attorney. The formal conditions and amounts announced in court will appear in the court’s docket and in arraignment paperwork.