ARREST UNDER WARRANT: Part 4

ARREST FOR OUT-OF-COUNTY OFFENSE

A person arrested under a warrant issued in a county other than the one in which the person is arrested shall be taken before a magistrate of the county where the arrest takes place or, to provide more expeditiously to the arrested person, before a magistrate in any other county of this state, including the county where the warrant was issued.  

The magistrate shall:

–  take bail, if allowed by law, and, if without jurisdiction, immediately transmit the bond taken to the court having jurisdiction of the offense; or

  • in the case of a person arrested under warrant for an offense punishable by fine only, accept a written plea of guilty or nolo contendere, set a fine, determine costs, accept payment of the fine and costs, give credit for time served, determine indigency, or, on satisfaction of the judgment, discharge the defendant, as the case may indicate.

If the arrested person is taken before a magistrate of a county other than the county that issued the warrant, the magistrate shall inform the person arrested of the procedures for requesting appointment of counsel and 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 requests the appointment of counsel, the magistrate shall, not later than 24 hours after the person requested the appointment of counsel, transmit, or cause to be transmitted, the necessary request forms to a court or the courts’ designee to appoint counsel in the county issuing the warrant.

Before the 11th business day after the date a magistrate accepts a written plea of guilty or nolo contendere in a case, the magistrate shall, if without jurisdiction, transmit to the court having jurisdiction of the offense:

(1)  the written plea;

(2)  any orders entered in the case; and

(3)  any fine or costs collected in the case.

The arrested person may be taken before a magistrate by means of an electronic broadcast system as provided.

NOTICE OF ARREST

If the arrested person fails or refuses to give bail, the arrested person shall be committed to the jail of the county where the person was arrested.  The magistrate committing the arrested person shall immediately provide notice to the sheriff of the county in which the offense is alleged to have been committed regarding:

(1)  the arrest and commitment, which notice may be given by mail or other written means or by secure facsimile transmission or other secure electronic means; and

(2)  whether the person was also arrested under a warrant.

If a person is arrested and taken before a magistrate in a county other than the county in which the arrest is made and if the person is remanded to custody, the person may be confined in a jail in the county in which the magistrate serves for a period of not more than 72 hours after the arrest before being transferred to the county jail of the county in which the arrest occurred.

DUTY OF SHERIFF RECEIVING NOTICE

The sheriff receiving the notice of arrest shall forthwith go or send for the arrested person and have the arrested person brought before the proper court or magistrate.

A sheriff who receives notice of a warrant, shall have the arrested person brought before the proper magistrate or court before the 11th day after the date the person is committed to the jail of the county in which the person was arrested.

RELEASE ON PERSONAL BOND IF NOT TIMELY DEMANDED

If the proper office of the county where the offense is alleged to have been committed does not demand an arrested person described by Article 15.19 and take charge of the arrested person before the 11th day after the date the person is committed to the jail of the county in which the person is arrested, a magistrate in the county where the person was arrested shall:

(1)  release the arrested person on personal bond without sureties or other security; and

(2)  forward the personal bond to the sheriff of the county or the court that issued the warrant of arrest.

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.

TIME OF ARREST

An arrest may be made on any day or at any time of the day or night.

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.

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.

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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