ARREST UNDER WARRANT: Part 2

In the 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.

REQUIRING POLYGRAPH EXAMINATION OF COMPLAINANT PROHIBITED

A peace officer or an attorney representing the state may not require a polygraph examination of a person who charges or seeks to charge in a complaint the commission of an offense.

If a peace officer or an attorney representing the state requests a polygraph examination of a person who charges or seeks to charge in a complaint the commission of an offense, the officer or attorney must inform the complainant that the examination is not required and that a complaint may not be dismissed solely:

– because a complainant did not take a polygraph examination;  or

– on the basis of the results of a polygraph examination taken by the complainant.

A peace officer or an attorney representing the state may not take a polygraph examination of a person who charges or seeks to charge the commission of an offense, unless the officer or attorney provides the information to the person and the person signs a statement indicating the person understands the information.

A complaint may not be dismissed solely:

– because a complainant did not take a polygraph examination;  or

– on the basis of the results of a polygraph examination taken by the complainant.

WARRANT EXTENDS TO EVERY PART OF THE STATE

A warrant of arrest, issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall extend to any part of the State;  and any peace officer to whom said warrant is directed, or into whose hands the same has been transferred, shall be authorized to execute the same in any county in this State.

WARRANT ISSUED BY OTHER MAGISTRATE

When a warrant of arrest is issued by any mayor of an incorporated city or town, it cannot be executed in another county than the one in which it issues, except:

1. It be endorsed by a judge of a court of record, in which case it may be executed anywhere in the State;  or

2. If it be endorsed by any magistrate in the county in which the accused is found, it may be executed in such county.  The endorsement may be:  “Let this warrant be executed in the county of ……….”.  Or, if the endorsement is made by a judge of a court of record, then the endorsement may be:  “Let this warrant be executed in any county of the State of Texas”.  Any other words of the same meaning will be sufficient.  The endorsement shall be dated, and signed officially by the magistrate making it.

Forwarding of warrant of arrest works in the same way.

COMPLAINT MAY BE FORWARDED

A complaint may be forwarded as provided to any magistrate in the State;  and the magistrate who receives the same shall forthwith issue a warrant for the arrest of the accused;  and the accused, when arrested, shall be dealt with as provided in this Chapter in similar cases.

ARREST AFTER DISMISSAL BECAUSE OF DELAY

If a prosecution of a defendant is dismissed, the defendant may be rearrested for the same criminal conduct alleged in the dismissed prosecution only upon presentation of indictment or information for the offense and the issuance of a capias subsequent to the indictment or information.

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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