An arrest warrant is a legal document issued to law enforcement officials that allows them to immediately arrest the individual cited in the warrant. They differ from bench warrants, which are not allowed to be pursued immediately.
Most arrest warrants result in an arrest in a very short period of time, as it is usually the law enforcement agency itself that requested the warrant, and they act with no delay upon receiving it.
If you have an outstanding arrest warrant, you can be apprehended at any time in any situation, even if you are innocent of the crime you are being charged with. The best way to protect yourself is to contact a Fort Worth criminal defense lawyer who can assist you in your case and speak on your behalf.
Understanding Texas Arrest Warrants
If you received a warrant of arrest in Texas, it means that a judge authorized a police officer to arrest you for a specific offense. It is issued in the name of "The State of Texas", and must fulfill these requirements:
- It must specify the name of the person whose arrest is ordered, or if unknown, then some reasonably definite description must be given. Such information includes:
- Nickname or “street” name
- Height and weight
- Identifying marks
- Ethnic origin
- It must state that the person is accused of some offense against the laws of the State, naming the offense.
- It must be signed by the magistrate, and their office must be named in the body of the warrant, or in connection with their signature.
- It must be supported by an affidavit of probable cause stating:
- The name of the accused, if known, and if not known, a reasonably definite description
- The time and place of the commission of the offense
- Sufficient facts to support a finding of probable cause that the accused person committed the offense within the time period permitted in the statute of limitations
An arrest warrant cannot be issued to just anyone. There are only a few circumstances in which an arrest warrant can be issued:
- When a judge verbally orders the arrest of an offender
- When any person makes an oath before the judge that someone committed an offense against Texas state laws and there is probable cause
- In any case in which the Code of Criminal Procedure specially authorizes a judge to issue warrants of arrest
Judges have the power to issues arrest warrants for misdemeanors that are punishable by fines only, as well as for offenses outside of their jurisdiction, such as Class A and B misdemeanors and felonies. This means that although a judge’s authority is countywide, respectively, they can issue arrest warrants for reported crimes that occurred outside of their county.
An Experienced Attorney Can Help
It is important to know that if you have been arrested by way of an arrest warrant, you are best served by remaining quiet until you can obtain the services of a competent attorney. Anything and everything you say after your arrest can be used against you to prove your guilt in a court of law. By waiting until you are able to speak with an attorney, you can ensure that you are represented fairly and accurately, and can avoid making statements that my incriminate you.
At Alband, Lane & Balderama, we are well-versed in all manner of criminal cases and have helped many individuals with their cases and arrest warrants. We provide experienced and aggressive representation to clients with the goal of obtaining successful case outcomes for them.
Contact our firm today if you have an outstanding arrest warrant, and we can assist you in ensuring your rights are protected.
"So good to have an honest and knowledgeable team behind us."Angel
"They have provided a sense of ease to my thoughts and heart. I can not imagine using a different group of people to help me in this situation."John
"Thanks to Mr. Alband, a two-count indicted felony case was dismissed completely."Ann
"Mr. Alband, I just wanted to say thank you and good luck with your future career."C.F.
Genuine kindness is no ordinary act, but a gift of rare beauty. For all that you are and all that you give, I thank you.V.B.