Arrest Warrants in Texas

 Posted on February 17, 2022 in Criminal Defense

When an individual learns that an arrest warrant has been issued against them, the person may be sent into a panic. They may envision being pulled over for minor infractions and being taken to jail after the warrant is discovered, or having the police show up at their home or place of employment. While these scenarios do occur, the fact is that the actions law enforcement takes will likely depend on your specific criminal charges and the circumstances surrounding your case. However, an arrest warrant is nothing to take lightly and is something you should consult with an experienced criminal defense attorney on right away to ensure your rights and best interests are protected.

Arrest Warrants in Texas

An arrest warrant can be issued whenever the law is broken, whether it involves a charge of theft, a white-collar crime such as fraud or embezzlement, or more serious and violent criminal offenses. Under Texas law, a law enforcement official can arrest you at the scene immediately if they see a crime has been committed, or they can request an arrest warrant from the court based on the evidence in your case.

In order for a police officer to obtain an arrest warrant from the court based on evidence, they must show the judge there is probable cause that the person committed the crime. The court will either issue the warrant or they may decide to issue a summons for the accused to appear for a hearing on the date and time specified in the summons.

If the judge does issue a warrant, there are still rules that law enforcement are required to comply with when they take the accused into custody.

Grand Jury Indictments

Arrest warrants can also be issued as a result of a grand jury indictment. In these situations, the prosecutor has presented the evidence they have to a grand jury. The grand jury is composed of a dozen citizens who will hear all the evidence and decide if there is probable cause that the accused committed a crime. At least nine of the 12 grand jurors must vote for the indictment.

If there are not enough votes to indict, this is referred to as a no-bill and the case will either die or the prosecutor and law enforcement will try to come up with more evidence for an indictment.

If there are enough votes, then the indictment is signed by the grand jury foreperson and then sent to the district court, where a judge will issue an arrest warrant for the person indicted, as well as set bail amount. Law enforcement is then tasked with finding and arresting the indicted individual.

Contact a Travis County Defense Attorney

If you are about to be arrested, do not delay in contacting a skilled Austin, TX criminal lawyer to find out what the best legal course of action to fight these charges is. Call Morales Law Office, Attorneys at Law, PLLC. at 512-474-2222 to schedule a free and confidential consultation.

Source:

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.15.htm