ARREST WARRANTS AUSTIN

WARRANT LAW & TEXAS ARREST WARRANT STATUTES

Art. 15.01. 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.

Art. 15.02. REQUISITES OF WARRANT.  It issues in the name of "The State of Texas", and shall be sufficient, without regard to form, if it have these substantial requisites:
1. 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.
2. It must state that the person is accused of some offense against the laws of the State, naming the offense.
3. It must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature.

Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS.  (a) 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.
(b)  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.

Art. 15.04. COMPLAINT.  The affidavit made before the magistrate or district or county attorney is called a "complaint" if it charges the commission of an offense.

Art. 15.05. REQUISITES OF COMPLAINT.  The complaint shall be sufficient, without regard to form, if it have these substantial requisites:
1. It must state the name of the accused, if known, and if not known, must give some reasonably definite description of him.
2. It must 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.
3. It must state the time and place of the commission of the offense, as definitely as can be done by the affiant.
4. It must be signed by the affiant by writing his name or affixing his mark.

BAIL, BOND, AND BAILBONDS COMPANIES

• Personal Bonds - Generally if the arrested individual qualifies under certain Pre-Trial Services rules, then they will be released on a Personal Recognizance Bond. The arrestee will have to pay a "bond fee" once released and they may also be required to comply with other conditions as required by the judge on pre-trial release.
  

• Cash Bonds - This means you post the full amount of the bond via a cashiers check or money order with the County Sheriff. You are likely to obtain a refund of the bond, less certain statutory administrative fees, once the case is completed, but can be forfeited if you fail to appear in court.
  

• Surety Bonds - These bonds are posted by a bail bond company with the help of an approved bondsman.

  Texas Criminal Procedure governs that:

  Art. 17.01. DEFINITION OF "BAIL". "Bail" is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond.

  Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a written undertaking entered into by the defendant and his sureties for the appearance of the principal therein before some court or magistrate to answer a criminal accusation; provided, however, that the defendant upon execution of such bail bond may deposit with the custodian of funds of the court in which the prosecution is pending current money of the United States in the amount of the bond in lieu of having sureties signing the same. Any cash funds deposited under this Article shall be receipted for by the officer receiving the same and shall be refunded to the defendant if and when the defendant complies with the conditions of his bond, and upon order of the court.

  Art. 17.15. RULES FOR FIXING AMOUNT OF BAIL. The amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail; they are to be governed in the exercise of this discretion by the Constitution and by the following rules:
  1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
  2. The power to require bail is not to be so used as to make it an instrument of oppression.
  3. The nature of the offense and the circumstances under which it was committed are to be considered.
  4. The ability to make bail is to be regarded, and proof may be taken upon this point.
  5. The future safety of a victim of the alleged offense and the community shall be considered.

  Art. 17.20. BAIL IN MISDEMEANOR. The sheriff, or other peace officer, in cases of misdemeanor, may, whether during the term of the court or in vacation, where he has a defendant in custody, take of the defendant a bail bond.

  Art. 17.21. BAIL IN FELONY. In cases of felony, when the accused is in custody of the sheriff or other peace officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond; and the sheriff, or other peace officer, unless it be the police of a city, is authorized to take a bail bond of the accused in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody. It shall not be necessary for the defendant or his sureties to appear in court.
  

   

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  Whether you have just been arrested, are awaiting a jail release or bail, are under investigation, or have a pending court date for a crime in Austin or the surrounding Counties, contact us today for a free consultation to learn the best way to defend your criminal case by calling 512.216.3211