The Intake Division of the District Attorney's Office investigates and reviews felony and misdemeanor cases (except juvenile and family violence cases) where the suspect is not in jail and remains at large. The division is comprised of felony and misdemeanor prosecutors, investigators, a victims' advocate, and support staff who work on all types of cases including:
Murder and violent crimes against persons
Property crime cases
Drug trafficking cases
White collar financial crimes cases
Mental health and guardianship pleadings
The District Attorney's Office receives cases from over thirty law enforcement agencies. The misdemeanor prosecutors review misdemeanor offenses to be filed in the Bexar County Courts at Law or the Bexar County Justice of the Peace Courts. Felony prosecutors review felony cases and subsequently prepare and present them to a Bexar County grand jury.
After a person has been arrested in Bexar County, he or she will be brought to the Central Magistrate Office to appear before a judge where charges will be explained to the accused and a bond will be set. During this process, the Bexar County District Attorney's Office, represented by an assistant district attorney, will review the police report and determine if there is enough evidence to accept the case.
Under DA Gonzales, beginning January, 2019, those accused of a crime are represented by a public defender when they appear before the magistrate judge. This adversarial approach creates a more equitable outcome when the accused is being explained their charges and he or she has legal representation during their bond hearing.
Other duties performed by the District Attorney's Office at magistration include reviewing arrest warrants and search warrants to ensure that the request contains the necessary facts to justify the warrant before law enforcement presents them to the Magistrate Judge. Additionally, the District Attorney's Office appears in court to make recommendations to the judge for what type of bond should be set, how much the bond should be set for, and if there are any conditions that should be applied to the bond.
For the location and contact information of the Bexar County Central Magistrate Office, CLICK HERE.
Please scroll down to view current magistration data.
The District Attorney's Office is the legal advisor to the Bexar County Grand Jury and may appear before the grand jury for the purpose of giving information, answering questions or providing advice on matters of law. Two grand juries are impaneled in Bexar County at all times.
If the grand jury finds probable cause to believe that a crime has been committed, it returns a "true bill of indictment." This allows the case to proceed. If the evidence is insufficient to support an indictment, a "no bill" finding will be returned by the grand jury and no prosecution will take place.
The Intake Division also represents the State of Texas in hearings and trials relating to mental health and medication issues. When necessary, an Intake prosecutor will present evidence to a judge that substantiates a finding of probable cause or to effectuate a mental health commitment pursuant to an emergency or voluntary detention and/or a voluntary or involuntary commitment for an individual. Intake prosecutors also represent the State of Texas in guardianship proceedings and matters involving Adult Protective Services.