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The Truth About Texas Warrants
Texas Warrants
The state of Texas uses warrants to assist law enforcement in protecting it’s citizens and taking people into custody who have broken the law. Any time a person is wanted in connection for a crime there will surely be a warrant in their name. A warrant is an order issued by a judge so it has the power of authority. Warrants give law enforcement the right to arrest a person who is suspected of a crime or search premises for evidence in relation to a crime. For an arrest warrant to be legally carried out, it has to be signed by a judge and backed by evidence of probable cause which proves the person most likely committed the crime. Many people are surprised to find out you can be issued a warrant for failure to appear in court if you missed a court date or for unpaid fines in the state of Texas.
You are required to turn yourself into the authorities in order to resolve any warrant. If you fail to do so, the warrant for your arrest will not go away, which means you can be arrested at any time. Once you’ve been arrested for a warrant in Texas, the court will decide whether or not you can be given bond and what amount the bond will be. This usually occurs the following morning.
There are a couple of choices you have to pay the bond money to get out of jail. You can pay the bond in full which will release you on the spot. Once your case is closed the bond will be refunded to you. Or an alternative choice is to go through a bond company to bail you out of jail. A bail bond agent or bond dealer is a person or agency who pledges money or property as bail for the appearance of the person accused in court. A bond company may charge a fee between 10% to 12% of the bond amount which is non-refundable. If you cannot afford to pay the bond or hire a bond company, you may have to wait out your time in jail until your case is resolved. We must clarify that not all crimes are available for bond. Misdemeanors usually are granted some type of bail bond, but not all felonies are. A lawyer can help you post bond and set bail at a reasonable rate so you can be released from jail and work on the case against you to clear your name or plead guilty and come to a punishment resolution.
Types of Warrants
There are a few different types of warrants each serving a various purposes. Below is a description of the most common ones used in Texas.
Arrest Warrants
An arrest warrant is a sworn affidavit which shows that the accused person most likely committed a crime. A warrant in Texas gives law enforcement the authority to arrest the individual named on the warrant who has been suspected of a crime. The purpose of an arrest warrant is to prosecute people for committing crimes in the state. An arrest doesn’t necessarily mean you’re guilty of anything. It just means you’ve been arrested because you fit the profile of the suspect who committed the crime. The United States Constitution clearly states that a person is considered innocent until proven guilty. After being arrested, you will have your chance to hire a lawyer and plead your case in front of a judge.
An arrest warrant must identify the person to be arrested by name (or description if the name is unknown) and list the crime the person is being charged with. If the name is not known, the person must be identified by character marks or physical attributes. This type of arrest warrant is called a “John Doe warrant” or a “no name warrant.” It allows for the arrest of an individual whose name is unknown based on the physical appearance of a person who matches a similar profile.
When a warrant has been unresolved for some time it becomes what is known as an active or outstanding warrant. These warrants remain on your personal file indefinitely until the warrant is resolved with an arrest, prison sentence, or payment of fines.
Bench Warrants
A bench warrant is issued in situations where a person violates the rules of the court. This includes not appearing for a court hearing, disobeying a court subpoena, or failing to satisfy a court order. It’s important to note that a bench warrant calls for the immediate arrest of an individual. Once taken into custody you will be brought before a judge to answer for the bench warrant. A civil bench warrant is issued in situations where a person failed to comply with a court order in a civil case. A criminal bench warrant is issued for a failure to comply with a court order in a criminal case. An example of this is when an indictment has been handed down against a person who does not appear for his/her trial.
Search Warrants
A search warrant makes it legal for police or law enforcement to search a person’s private residence, place of work, vehicle, or personal belongings to obtain evidence in relation to a crime. It is a judicial court order which must be carried out within a specific time frame. You may argue that search warrants violate a person’s right to privacy, since The Fourth Amendment of the U.S. Constitution, states that persons have a right to be free from unreasonable searches and seizures. But, if there is probable cause a person committed a crime then the law allows the search warrant to be carried out.
A search warrant can only be obtained by law enforcement who submits an affidavit along with evidence to a judge that a search will yield evidence related to a crime. Probable cause must be established in order for the search warrant to be considered. If satisfied, the judge will issue the search warrant which will clearly state the property to be searched and/or the persons or items to be seized. Types of items for which a search warrant may be issued are weapons, contraband, drug paraphernalia, etc which were used to carry out a crime. Any evidence found will be collected and used during the criminal prosecution.
Blue Warrants
In Texas, blue warrants come in to play if you are granted parole. If you complete a minimum prison sentence you will be placed on parole after release from jail. You must agree and obey to certain terms of your parole which have been set up by the court in order to be granted parole. The conditions may consist of community service, gaining employment, and scheduled meetings with your assigned parole officer. If a parolee violates parole, law enforcement has the right to issue a blue warrant against them. It’s called a blue warrant because traditionally, the warrant was enclosed in a blue jacket upon delivery.
Blue warrants are issued when a parolee violates the terms of their parole agreement, commits another offense, carries a firearm, or fails to make scheduled meetings with their parole officer. Any person who violates Texas probation laws risks being arrested and incarcerated without the possibility for release on bond. If you appear in court for a blue warrant your parole could be reinstated, there could be changes to the conditions of your parole terms, or parole revocation altogether. Basically, parole revocation returns the parolee to prison to serve out the maximum sentence as determined by the court. Reasons parole may be revoked are:
• Parolee is a flight risk
• Parolee threatened witnesses and/or court officials
• Parolee committed another crime while on parole
• Parole is considered a danger to society because of unsafe behavior while on parole
Texas Warrants
The state of Texas uses warrants to assist law enforcement in protecting it’s citizens and taking people into custody who have broken the law. Any time a person is wanted in connection for a crime there will surely be a warrant in their name. A warrant is an order issued by a judge so it has the power of authority. Warrants give law enforcement the right to arrest a person who is suspected of a crime or search premises for evidence in relation to a crime. For an arrest warrant to be legally carried out, it has to be signed by a judge and backed by evidence of probable cause which proves the person most likely committed the crime. Many people are surprised to find out you can be issued a warrant for failure to appear in court if you missed a court date or for unpaid fines in the state of Texas.
You are required to turn yourself into the authorities in order to resolve any warrant. If you fail to do so, the warrant for your arrest will not go away, which means you can be arrested at any time. Once you’ve been arrested for a warrant in Texas, the court will decide whether or not you can be given bond and what amount the bond will be. This usually occurs the following morning.
There are a couple of choices you have to pay the bond money to get out of jail. You can pay the bond in full which will release you on the spot. Once your case is closed the bond will be refunded to you. Or an alternative choice is to go through a bond company to bail you out of jail. A bail bond agent or bond dealer is a person or agency who pledges money or property as bail for the appearance of the person accused in court. A bond company may charge a fee between 10% to 12% of the bond amount which is non-refundable. If you cannot afford to pay the bond or hire a bond company, you may have to wait out your time in jail until your case is resolved. We must clarify that not all crimes are available for bond. Misdemeanors usually are granted some type of bail bond, but not all felonies are. A lawyer can help you post bond and set bail at a reasonable rate so you can be released from jail and work on the case against you to clear your name or plead guilty and come to a punishment resolution.
Types of Warrants
There are a few different types of warrants each serving a various purposes. Below is a description of the most common ones used in Texas.
Arrest Warrants
An arrest warrant is a sworn affidavit which shows that the accused person most likely committed a crime. A warrant in Texas gives law enforcement the authority to arrest the individual named on the warrant who has been suspected of a crime. The purpose of an arrest warrant is to prosecute people for committing crimes in the state. An arrest doesn’t necessarily mean you’re guilty of anything. It just means you’ve been arrested because you fit the profile of the suspect who committed the crime. The United States Constitution clearly states that a person is considered innocent until proven guilty. After being arrested, you will have your chance to hire a lawyer and plead your case in front of a judge.
An arrest warrant must identify the person to be arrested by name (or description if the name is unknown) and list the crime the person is being charged with. If the name is not known, the person must be identified by character marks or physical attributes. This type of arrest warrant is called a “John Doe warrant” or a “no name warrant.” It allows for the arrest of an individual whose name is unknown based on the physical appearance of a person who matches a similar profile.
When a warrant has been unresolved for some time it becomes what is known as an active or outstanding warrant. These warrants remain on your personal file indefinitely until the warrant is resolved with an arrest, prison sentence, or payment of fines.
Bench Warrants
A bench warrant is issued in situations where a person violates the rules of the court. This includes not appearing for a court hearing, disobeying a court subpoena, or failing to satisfy a court order. It’s important to note that a bench warrant calls for the immediate arrest of an individual. Once taken into custody you will be brought before a judge to answer for the bench warrant. A civil bench warrant is issued in situations where a person failed to comply with a court order in a civil case. A criminal bench warrant is issued for a failure to comply with a court order in a criminal case. An example of this is when an indictment has been handed down against a person who does not appear for his/her trial.
Search Warrants
A search warrant makes it legal for police or law enforcement to search a person’s private residence, place of work, vehicle, or personal belongings to obtain evidence in relation to a crime. It is a judicial court order which must be carried out within a specific time frame. You may argue that search warrants violate a person’s right to privacy, since The Fourth Amendment of the U.S. Constitution, states that persons have a right to be free from unreasonable searches and seizures. But, if there is probable cause a person committed a crime then the law allows the search warrant to be carried out.
A search warrant can only be obtained by law enforcement who submits an affidavit along with evidence to a judge that a search will yield evidence related to a crime. Probable cause must be established in order for the search warrant to be considered. If satisfied, the judge will issue the search warrant which will clearly state the property to be searched and/or the persons or items to be seized. Types of items for which a search warrant may be issued are weapons, contraband, drug paraphernalia, etc which were used to carry out a crime. Any evidence found will be collected and used during the criminal prosecution.
Blue Warrants
In Texas, blue warrants come in to play if you are granted parole. If you complete a minimum prison sentence you will be placed on parole after release from jail. You must agree and obey to certain terms of your parole which have been set up by the court in order to be granted parole. The conditions may consist of community service, gaining employment, and scheduled meetings with your assigned parole officer. If a parolee violates parole, law enforcement has the right to issue a blue warrant against them. It’s called a blue warrant because traditionally, the warrant was enclosed in a blue jacket upon delivery.
Blue warrants are issued when a parolee violates the terms of their parole agreement, commits another offense, carries a firearm, or fails to make scheduled meetings with their parole officer. Any person who violates Texas probation laws risks being arrested and incarcerated without the possibility for release on bond. If you appear in court for a blue warrant your parole could be reinstated, there could be changes to the conditions of your parole terms, or parole revocation altogether. Basically, parole revocation returns the parolee to prison to serve out the maximum sentence as determined by the court. Reasons parole may be revoked are:
• Parolee is a flight risk
• Parolee threatened witnesses and/or court officials
• Parolee committed another crime while on parole
• Parole is considered a danger to society because of unsafe behavior while on parole