Travis County magistrate explains rights and bail options; temporary protective order read in Carrillo case

Magistrate Judge Evans of Travis County Court informed detainees during a March 5 magistration hearing of their legal rights, the three ways to obtain release on bond and, in the case of one defendant, the terms of a temporary emergency protective order.

Judge Evans opened the session by reminding those before the court of the presumption of innocence under Texas law and that his role was to advise on charges and bail rather than to determine guilt. "Tiene derecho de guardar silencio. Cualquier declaración que haga se puede usar y la usarían como prueba en su contra en el juzgado," he told the assembled defendants. He then described the three primary routes to release: paying the bond amount in cash, using a surety (bondsman) who typically charges 10 to 20 percent of the bond, or release on personal recognizance ("fianza de palabra de honor") subject to a pretrial-services recommendation.

In the hearing for Marcos Carrillo, Judge Evans advised Carrillo of two charges. First, Carrillo was advised he faces an unlawful-entry charge described as a Class A misdemeanor; the judge stated the maximum penalty for that class is 12 months in county jail and up to a $4,000 fine and set bond at $1,000. Judge Evans asked Carrillo whether he wanted a court-appointed attorney and noted the request on the record when Carrillo said yes.

The judge also read charges that Carrillo faces an assault-causing-bodily-injury offense characterized in the hearing as a family-violence matter and labeled a Class A misdemeanor; bond for that count was set at $3,500. Judge Evans said the arresting officer had requested a temporary emergency protective order and he reviewed its terms on the record: Carrillo is prohibited from committing acts of violence against the protected person named Flor; prohibited from communicating in a threatening or harassing manner with Flor or household members; prohibited from using third parties to threaten or harass; and prohibited from approaching within 200 yards of a specified address (an apartment identified in the record).

The magistrate explained the duration and penalties of the protective order. He said the order would remain in effect until 11:59 p.m. on March 5, 2025, unless Carrillo or his attorney asks the court to modify or vacate it. "Si quebranta la orden... se puede castigar con una multa de hasta cuatro mil dólares y reclusión en cárcel de hasta un año o con ambas cosas," Judge Evans said; he added that if the prohibited conduct constitutes a separate offense it could be charged as a misdemeanor or, where applicable under law, as a felony punishable by up to two years' imprisonment.

Judge Evans also described practical aspects of release: cash bonds are refundable at case conclusion; bondsmen contact information is available from the Sheriff’s Office; and release processing after bond payment may take several hours. He noted that pretrial-services personnel interview detainees, verify references and make recommendations to the judge about suitability for personal-recognizance release, and said he typically follows their recommendations in the initial stages.

The hearing included the services of an interpreter and procedural questions from detainees about how to contact bondsmen and when to seek modification of the protective order; the judge advised them to consult with counsel for any request to change the order or to pursue further actions.

The magistration hearing did not resolve guilt or proceed to trial; instead it recorded bond amounts, the defendant's request for appointed counsel and the issuance and terms of a temporary emergency protective order in the Carrillo matter. Additional proceedings and any changes to bond or the protective order will occur in later court hearings.