ARREST UNDER WARRANT: Part 1

In state of Texas, warrant for arrest has a category of its own. Here’s the legal lingo around it, plus, it is better if you do not get arrested, but if you do, call Atlas Bail Bonds.

WARRANT OF ARREST

A “warrant of arrest” is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law. It must:

– specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him.

– state that the person is accused of some offense against the laws of the State, naming the offense.

– be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature.

MAGISTRATE MAY ISSUE WARRANT OR SUMMONS 

A magistrate may issue a warrant of arrest or a summons:

1. In any case in which he is by law authorized to order verbally the arrest of an offender;

2. When any person shall make oath before the magistrate that another has committed some offense against the laws of the State;  and

3. In any case named in this Code where he is specially authorized to issue warrants of arrest.

A summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place.  

The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant’s last known address.  If a defendant fails to appear in response to the summons a warrant shall be issued.

a person may appear before the magistrate in person or the person’s image may be presented to the magistrate through an electronic broadcast system, and the recording must be preserved until:

(1)  the defendant is acquitted of the offense; or

(2)  all appeals relating to the offense have been exhausted.

The counsel for the defendant may obtain a copy of the recording on payment of an amount reasonably necessary to cover the costs of reproducing the recording.

COMPLAINT

The affidavit made before the magistrate or district or county attorney is called a “complaint” if it charges the commission of an offense. It must:

-state the name of the accused, if known, and if not known, must give some reasonably definite description of him.

-show that the accused has committed some offense against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has committed such offense.

-state the time and place of the commission of the offense, as definitely as can be done by the affiant.

-be signed by the affiant by writing his name or affixing his mark.

As always, the best option is to contact Atlas Bail and go over available info and all the details. With our experience, knowledge and great customer service, we can have your loved ones back to you as soon as the law will allow us. From the moment you show up in our office we understand your need for guidance and help. The fact that a person is in jail is only the beginning of the process. Selecting AAA Atlas Bail is an important first step. With years of experience in our office, we most definitely will have the right answer for you.

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