Texas Commission on Law Enforcement (TCOLE) Practice Exam 2026 - Free TCOLE Practice Questions and Study Guide

Question: 1 / 400

Who holds the authority to release a person arrested for Public Intoxication?

Judge

Magistrate

The authority to release a person arrested for Public Intoxication typically rests with a magistrate. A magistrate serves as a judicial officer who has the power to set bail or determine conditions for a person's release. In the context of Public Intoxication, when an individual is detained, a magistrate will generally assess the situation, including the offender's level of intoxication and potential risks to themselves or others, before making a ruling on their release.

While a judge also has similar duties, especially in a court setting, the direct authority to manage the immediate release process often lies with magistrates, particularly in scenarios involving arrests for misdemeanors like Public Intoxication. The roles of the police chief and district attorney focus more on departmental leadership and prosecution respectively, rather than on the immediate processing and release of individuals apprehended for such offenses.

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Police Chief

District Attorney

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