Austin Arrest Warrant Lawyer

How Cofer & Connelly, PLLC Can Help With An Arrest Warrant

A warrant is an official document issued by a judge, ordering police to take action, such as arresting an individual. In Texas, the laws governing warrants cover various aspects, including the issuance, execution, and requirements of warrants.

Understanding warrants and the legal procedures surrounding them is crucial if you are charged with a crime in Austin. Facing the criminal justice system can be overwhelming, but you don't have to do it alone. The experienced criminal defense lawyers at Cofer & Connelly, PLLC can provide the guidance you need. Our team brings 100+ years of experience, having handled over 25,000 cases and 300+ jury trials.

Contact Cofer & Connelly, PLLC by calling (512) 991-0576 or contacting us online for a consultation with an Austin arrest warrant attorney. We can help you understand your rights and explore your legal options.

Definition of a Warrant of Arrest

A warrant of arrest, according to Article 15 of the Texas Code of Criminal Procedure, is an order from a judge (magistrate). This order directs a police officer or another designated person to arrest the individual accused of an offense. The purpose of a warrant is to ensure that the accused person is brought before the court to face charges. By requiring that a magistrate issues the warrant, the law ensures that there is judicial oversight before an individual's freedom is restricted.

What Is Required for an Arrest Warrant?

A warrant in Texas must meet specific requirements, regardless of its form. First, the warrant must clearly state the name of the person to be arrested. This requirement ensures that the warrant is specific and avoids the possibility of wrongful arrest because of mistaken identity. If the name of the person is unknown, the warrant has to have a reasonably definite description. This description has to be detailed enough to identify the individual uniquely, preventing the arrest of the wrong person.

Secondly, the warrant must state that the individual is accused of committing an offense against Texas law. It is not sufficient for the warrant to vaguely allude to illegal activity; it must specify the particular offense. This clarity is crucial because it informs the accused of the exact nature of the allegations against them, allowing them to prepare a defense. Furthermore, this requirement ensures that the magistrate has considered the specific legal grounds for the arrest, adding another layer of judicial oversight.

The third requisite is that the warrant must be signed by the magistrate who issues it. The magistrate's office must also be indicated either in the body of the warrant or near the signature. This signature is not a mere formality; it signifies the magistrate's authorization and personal accountability for the issuance of the warrant.

How Is An Arrest Warrant Issued?

A magistrate can issue a warrant or summons in several scenarios. One of the primary conditions is when the magistrate is authorized by law to verbally order the arrest of an offender. This authority might be exercised in urgent situations where immediate action is necessary to prevent harm or flight. However, even in those cases, the verbal order must be followed by a written warrant to ensure proper documentation and judicial oversight.

Another scenario in which a magistrate may issue a warrant is when an oath is made before the magistrate that another person has committed an offense. This means that a credible person must swear that they have knowledge of the offense. The requirement for an oath adds a layer of seriousness and accountability, as the person making the oath is legally obligated to tell the truth. This process helps prevent the issuance of warrants based on frivolous or unfounded accusations.

Additionally, the magistrate can issue a warrant in cases where the Code of Criminal Procedure specifically authorizes it. This provision ensures that warrants can be issued in a wide range of circumstances, as long as they are legally sanctioned.

What Is a Summons?

A summons serves a similar purpose to a warrant but requires the defendant to appear before a magistrate at a specified time and place instead of being immediately arrested. The summons must be served personally, left at the defendant’s residence with a suitable person, or mailed to the defendant’s last known address. This flexibility in service methods ensures that the defendant is adequately notified and cannot evade the legal process by simply avoiding personal service.

If the defendant fails to appear in response to the summons, a warrant will be issued. This provision ensures that the legal process can proceed even if the defendant initially evades the summons.

Modern technology has also influenced the issuance of warrants and summonses. The law now allows for the use of an electronic broadcast system to present the person’s image to the magistrate. This system enables real-time, two-way communication between the person and the magistrate, ensuring that the requirements are met even if the person is not physically present.

Complaint and Requisites for an Arrest Warrant

A complaint is a formal accusation made before a magistrate or an attorney that charges a person with an offense. The complaint has to include:

1. Name of the Accused: If the name is known, it must be stated. If unknown, a reasonably definite description has to be provided.
2. Offense Details: The complaint must show that the accused has committed an offense against the state laws. The affiant, or the person making the complaint, must have good reason to believe the accused committed the offense.
3. Time and Place: The complaint should specify when and where the offense occurred as accurately as possible.
4. Signature of the Affiant: The affiant must sign the complaint, either by writing their name or affixing their mark.