ARREST UNDER WARRANT: Part 3

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.

HOW WARRANT IS EXECUTED

The officer or person executing a warrant of arrest shall without unnecessary delay take the person or have him taken before the magistrate who issued the warrant or before the magistrate named in the warrant, if the magistrate is in the same county where the person is arrested.  If the issuing or named magistrate is in another county, the person arrested shall without unnecessary delay be taken before some magistrate in the county in which he was arrested.

The officer or person executing the arrest warrant may take the person arrested before a magistrate in a county other than the county of arrest.

DUTIES OF ARRESTING OFFICER AND MAGISTRATE

The person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than 48 hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested or, to provide more expeditiously to the person arrested before a magistrate in any other county of this state.  

The arrested person may be taken before the magistrate in person or the image of the arrested person may be presented to the magistrate by means of a videoconference.  The magistrate shall inform in clear language the person arrested, either in person or through a videoconference, of the accusation against him and of any affidavit filed therewith, of his right to retain counsel, of his right to remain silent, of his right to have an attorney present during any interview with peace officers or attorneys representing the state, of his right to terminate the interview at any time, and of his right to have an examining trial.  

The magistrate shall also inform the person arrested of the person’s right to request the appointment of counsel if the person cannot afford counsel.  The magistrate shall inform the person arrested of the procedures for requesting appointment of counsel.  If the person does not speak and understand the English language or is deaf, the magistrate shall inform the person, as appropriate.  

The magistrate shall ensure that reasonable assistance in completing the necessary forms for requesting appointment of counsel is provided to the person at the same time.  If the person arrested is indigent and requests appointment of counsel and if the magistrate is authorized to appoint counsel for indigent defendants in the county, the magistrate shall appoint counsel.  If the magistrate is not authorized to appoint counsel, the magistrate shall without unnecessary delay, but not later than 24 hours after the person arrested requests appointment of counsel, transmit, or cause to be transmitted to the court or to the courts’ designee authorized to appoint counsel in the county, the forms requesting the appointment of counsel.  

The magistrate shall also inform the person arrested that he is not required to make a statement and that any statement made by him may be used against him.  The magistrate shall allow the person arrested reasonable time and opportunity to consult counsel and shall, after determining whether the person is currently on bail for a separate criminal offense, admit the person arrested to bail if allowed by law.  A record of the communication between the arrested person and the magistrate shall be made.  

When a deaf accused is taken before a magistrate, an interpreter appointed by the magistrate qualified and sworn shall interpret the warning required by those articles in a language that the accused can understand, including but not limited to sign language.

If a magistrate determines that a person brought before the magistrate after an arrest was arrested unlawfully, the magistrate shall release the person from custody.  If the magistrate determines that the arrest was lawful, the person arrested is considered a fugitive from justice.

DUTY OF OFFICER TO NOTIFY PROBATE COURT.  

As soon as practicable, but not later than the first working day after the date a peace officer arrests a person who is a ward, the peace officer or the person having custody of the ward shall notify the court having jurisdiction over the ward’s guardianship of the ward’s arrest.

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.

Share this post

Share on facebook
Share on google
Share on twitter
Share on linkedin
Share on pinterest
Share on print
Share on email