Glossary of Arrest Under Warrant
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- Art. 15.01 Warrant of Arrest.
- A "warrant of arrest" is a written order from a magistrate, directed to a police officer, commanding him to take the body of ther person accused of an offense, to be dealt with according to law.
- Art. 15.02 Requisites of Warrant.
- It issues in the name of "The State of Texas and will be sufficient if;
a. name of person or reasonable
description if unknown name
b. state the offense
c. signed by a magistrate and his
- Art. 15.03 Magistrate May Issue Warrant of Summons.
- 1. A Magistrate may issue a warrant/summons;
a. in any case in which he is
authorized by law to verbally
order the arrest
b. when any person make oath
before him that some person has
violated the laws
c. in any case where he is
specially authorized to issue
2. Summons may be issued in any case where a warrant could be issued and will state the place and time to appear before a magistrate. The summons shall be served personally or at his residence with someone or mailing it to last known address. If person fails to appear, then a warrant is issued.
- Art. 15.04 Complaint.
- The affidavit made before a magistrate or D.A. is called a complaint if it charges the commission of an offense.
- Art. 15.05 Requisites of Complaint.
- The complaint shall be sufficient if;
a. name or description of person
b. committed offense directly or
affiant has good reason to
believe and does believe the
person committed an offense
c. time/place of offense
d. signed by affiant
- Art. 15.051 Requiring Polygraph Examination of Complainant Prohibited.
- 1. A Police Officer or attorney representing the state may not require a polygraph of a person who wishes to file a complaint for indecency with a child, sexual assault, aggravated sexual assault or prohibited sexual conduct.
2. If Police Officer or attorney request polygraph, they must inform complainant that the exam is not required and that a complaint may not be dismissed solely;
a. because complainant did not
b. on the basis of the results
3. A Police Officer or attorney may not take a polygraph unless they provide the complainant with information in (b) and they sign statement that they understand.
- Art. 15.06 Warrant Extends to Every Part of the State.
- A warrant issued by any county or district clerk or by any magistrate (except mayors) shall extend to any part of the state. Any Police Officer who is directed or has received warrant shall be authorized to execute in any county.
- Art. 15.07 Warrant Issued by Other Magistrate.
- When a warrant is issued by any mayor, it can't be executed in another county than the one in which it was issued, except;
a. it be endorsed by a judge of a
court of record and it can be
executed anywhere in the state
b. if it is endorsed by any
magistrate in the county in
which the accused is found it
may be executed. The
endorsement may be "Let this
warrant be executed in the
County of ___". Or if
endorsement is made by court of
of record. It may be "Let this
warrant by executed in any
county of the State of Texas."
Endorsement will be signed and
dated by Magistrate.
- Art. 15.08 Warrant may be Telegraphed.
- A warrant of arrest may be telegraphed anywhere in the state. If issued by county/district clerk or magistrate then officer may serve. If issued my mayor (no court of record) then officer must get endorsement from magistrate of the county to be served.
- Art. 15.09 Complaint by Telegraph.
- A properly filed complaint can be telegraphed to any magistrate in the state and the magistrate who receives the complaint shall issue a warrant.
- Art. 15.10 Copy to be Deposited.
- A certified copy of the original warrant/complaint (by a magistrate) shall be deposited with the manager of the telegraph office.
- Art. 15.11 Duty of Telegraph Manager.
- When a warrant/complaint is received it shall be delivered as soon as praticable, written on proper blanks of the telegraph company and certified as being a true and correct copy.
- Art. 15.12 Warrant or Complaint must be Under Seal.
- No manager of a telegraph office shall receive and forward a warrant/complaint unless it is certified under seal from a court of record. A magistrate will not endorse unless seal is affixed.
- Art. 15.13 Telegram Prepaid.
- Whoever presents a warrant/complaint to telegraph office shall pay for it unless it may be sent collect.
- Art. 15.14 Arrest After Dismissal Because of Delay.
- If defendant is released before indictment (accusation expires), then he may be rearrested for the same criminal conduct alleged in the dismissed prosecution only on idictment or capias issued.
- Art. 15.16 How Warrant is Executed.
- The officer or person executing a warrant shall without unnecessary delay take the person before a magistrate.
- Art. 15.17 Duties of Arresting Officer and Magistrate.
- 1. In every case the person making the arrest or having custody of the person arrested shall without unnecessary delay, but not later than 48 hours, bring before a magistrate of the county arrested or if more timely to a magistrate in a county bordering the county where arrest was made. The person may take in person or CCTV. Magistrate shall inform them of charges and their rights. If the person is indigent then magistrate shall assist in request forms and if authorized appoint counsel. If not authorized, then shall request appointment within 24 hours. Magistrate will set bail and CCTV may not be used unless it provides 2-way communication. A recording of the communication shall be made and preserved until the earlier of the following dates;
a. date on which pretrial hearing
b. the 91st day after recording on
misdemeanor or 120th day for
felony. Defense may obtain copy
2. After person charged by misdemeanor punishable by fine only is taken before magistrate, the magistrate may release without bond and order person to appear at a later date. The order must include time, date and place of arraignment and be signed. Copy given to defendant. If accused fails to appear then the judge shall issue warrant. If arrested and brought before judge, the judge may set bail at double that is normally set. This doesn't apply to persons previously convicted of a felony or misdemeanor that is not fine only.
3. When the accused is deaf, then the court shall provide an interpretor.
4. If magistrate determines that accused was arrested unlawfully, then he shall release them from custody. If lawful, the person is considered a fugitive from justice.
5. In each case when person is taken before magistarate a record shall be made of;
a. the magistrate informing the
person to their right to
b. the magistrate asking if the
person wants counsel
c. whether the person requested
6. A record required may consist of written forms, electronic recordings or other documentation.
- Art. 15.18 Arrest for Out-of-County Offense.
- 1. A person arrested for a warrant issued in another county shall be taken before magistrate in county where arrest occurred who shall;
a. take bail and transmit to the
court having jurisdiction
b. in cases where punishment is
fine only, accept a written
plea of guilty or nolo
contendere, set a fine,
determing cost, give credit for
time served, accept payment of
fines and cost, determine
indigency or discharge the
defendant for satisfying the
2. Before the 11th business day when accepting plea, the magistrate shall transmit;
a. the written plea
b. any orders issued
c. any fine or cost collected
- Art. 15.19 Notice of Arrest.
- 1. If accused fails or refuses to give bail, he shall be committed to the jail of the county he was arrested in and the magistrate committing him shall notify the sheriff of the county where the offense was committed. Notice may be by telegraph, by mail or by other written notice.
2. If a person is arrested and taken to a magistrate in a county bordering the county under which the arrest is made and is put in jail, they may remain there for 72 hours before being transferred to the arresting county.
- Art. 15.20 Duty of Sheriff Receiving Notice.
- The sheriff receiving the notice shall go or have the prisoner brought before the proper court magistrate.
- Art. 15.21 Prisoner Discharged if not Timely Demanded.
- If the proper offie of the county where the offense is alleged to have been committed does not demand the prisoner and take charge of him within 10 days from the day he is committed, such prisoner shall be discharged from custody.
- Art. 15.22 When a Person is Arrested.
- A person is arrested when he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.
- Art. 15.23 Time of Arrest.
- An arrest may be made on any day or at any time of the day or night.
- Art. 15.24 What force may be used.
- In making an arrest, all reasonable means are permitted to be used to effect it. No greater force, however, shall be resorted to than is necessary to secure the arrest and detention of the accused.
- Art. 15.25 May Break Door.
- In case of felony, the officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose.
- Art. 15.26 Authority to Arrest Must be Make Known.
- In executing a warrant, it shall always be made known to the accused under what authority the arrest is made. The warrant shall be executed by the arrest. Officer doesn't have to have copy of warrant but shall show defendant copy as soon as possible. If the officer has no copy, he shall inform person of the offense charged and the fact a warrant has been issued. The arrest warrant and any affidavits for the warrant are public records as soon as the warrant is executed. The Magistrates clerk shall make copies of these articles for public inspection in their office. Can request copies of items.
- Art. 15.27 Notification to Schools Required.
- 1. Law Enforcement agency who arrest/refers to juvenile and believes child is enrolled in public, primary or secondary school for the offense of any felony, unlawful restraint, indecent exposure, assault, deadly conduct, terroristic threat or engaging in organized criminial activity, use, sell or possess a controlled substance, drug paraphernalia, marijuana or weapons offenses shall attempt to verify enrollment. If the person is enrolled then the agency shall orally notify the superintendant or their designee of the arrest within 24 hours of arrest or on the next school day. Superintendant will notify school personnel. The information is personal and confidential. Agency has 7 days to send written notice on details to superintendant.
2. On conviction, deferred prosecution or deferred adjudication of the same offense, the D.A.'s office will notify the superintendant in the same manner as Law Enforcement agency.
3. A parole or probation office who has a student meeting these guidelines who has transferred from another district shall notify the superintendant of the new district in the same manner.
4. The superintendant may forward the information to his staff if he feels they need the information for educational purposes or for the protection of staff and others.
5. a. A Law Enforcement agency that
arrest/refers to juvenile a
student shall notify the
principal/designee of the
b. The D.A.'s office shall notify
the principal/designee on
c. The principal of a private
school may send the information
to school employee having
direct supervision over student
6. A person who receives information may not disclose it. A person who intentionally violates commits a class c misdemeanor.
7. The D.A.'s office or juvenile shall notify the school district that removed a student to a disciplinary alternative education program within 2 working days if;
a. prosecution will not occur
b. court or jury found student not
guilty and dismissed case
8. This article applies any felony, unlawful restraint, indecent exposure, assault, deadly conduct, terroristic threats, engaging in organized criminal activity, use, sell or possess a controlled substance, drug paraphernalia, marijuana, or weapons offenses.
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