Which statement is true regarding accepting a felony complaint?

• A. Only justices of the peace may conduct peace and bond hearings.
• B. Municipal judges, acting as magistrates, may accept a complaint (probable cause affidavit) for a felony.
• C. A municipal judge may dismiss a case filed by a citation if the peace officer asks for the dismissal.
• D. Municipal court clerks may give magistrate warnings after a defendant is arrested when the municipal judge is not available.

Answer: (B)

The key idea is who has the authority to accept a felony complaint, which hinges on the magistrate’s role to review probable cause. A municipal judge can act as a magistrate and accept the felony complaint (the probable cause affidavit) when there is a question of probable cause. This is why the statement is correct: it recognizes that municipal judges, while serving as magistrates, have the authority to take a felony complaint and assess whether there is probable cause to proceed.

Other statements misstate the scope of this authority. Peace and bond hearings aren’t limited to justices of the peace; any magistrate, including a municipal judge acting in that capacity, can conduct these hearings. A municipal judge cannot unilaterally dismiss a case simply because a peace officer asks for it; dismissal decisions involve the court or the prosecutor. And clerks aren’t the ones who issue magistrate warnings after an arrest when the judge isn’t available; that function lies with the magistrate or the officer under applicable procedures.