How Will You Be Contacted If You Have a Warrant in Texas?

An arrest warrant is a written order issued by a judge or magistrate to detain a person facing misdemeanor or felony charges as well as administrative violations (capias pro fine warrant). While it doesn't imply that the defendant is guilty of a crime, it's crucial to address the matter before it leads to additional penalties.

Sometimes, an individual may be unaware of a written court order against them. While there are ways to check potential unpaid traffic tickets turning into active arrest warrants in Texas, it can be challenging, especially if the defendant is unsure what to do.

At Sparks Law Firm, our criminal defense attorneys have over 100 years of combined experience fighting for the rights of defendants, whether it's tackling an arrest warrant or handling a conviction. We have a deep understanding of the laws and can help the accused navigate the legal intricacies to avoid additional charges. We can also help with how to check if you have a warrant in Texas.

Those facing an arrest warrant in Fort Worth, Texas, should call us to discuss their case and learn more about their legal options.

Understanding an Active Arrest Warrant in Texas

When a person is believed to have committed a crime, the judge or magistrate of a court with jurisdiction may issue an arrest warrant. This is a written order that the relevant law enforcement agency must carry out.

A judge may issue an arrest warrant if a police officer believes an individual has committed a crime (probable cause). In such situations, the court may not require evidence to execute a written order.

If the crime is of a greater nature, the relevant law enforcement agency may put together a team to find and detain the accused. However, in the event of a minor offense or administrative violation, the police department may not make an effort to arrest the individual except when pulled over at a checkpoint.

In cases involving failure to appear for a court date, a judge may issue a bench warrant to detain the defendant. This is much more subtle than an arrest warrant. A police officer will take the accused into custody before bringing them to court. For more information, the best criminal attorney in Fort Worth may be able to help.

How Will You Be Contacted If You Have a Warrant in Texas?

Under Texas law, police officers do not have to inform the defendant when they issue a warrant for their arrest. However, there are ways for the defendant to find out if there is any order issued against them, and these include the following:

• Calling up the local court clerk to ask for details about the arrest warrant

• Searching government websites for court orders, arrest warrants, or other important information

• Using a third-party service to perform a warrant search

It's important to note that not all cities in Texas have resources available to ensure an accurate database. For example, defendants may be able to visit Harris County Sheriff's (HCSO) website for details about warrants issued by a Harris County Criminal Court of Law.

However, that may not be the case with smaller towns or counties. In such situations, it's best to call the relevant county clerk.

What Should the Defendant Do After a Judge Issues an Arrest Warrant?

While most defendants hand themselves over to the police after knowing about their arrest warrants, it's essential to think things through and understand the repercussions involved. Accused individuals may be able to avoid detention if they work things out with the court.

There are several legal options that a defendant may pursue in case of outstanding warrants, and these include the following:

Plead Guilty in Court

The easiest way to end legal matters is to plead "Guilty" or "No Contest" in a municipal court with the right jurisdiction.

If the defendant opts for this option, they must pay fines and cover court costs. In addition, the accused will have to face the penalties according to the offense committed.

They can also request a payment plan if they are in poor financial condition.

If the defendant has already served a prison sentence in another jurisdiction, they may receive jail time credit. It's important for the accused to speak to an experienced attorney before pleading "Guilty" or "No Contest," as a conviction can damage their record. An attorney is also able to explain how long before an unpaid ticket becomes a warrant in Texas.

Go to the Police Department

In case there is an active warrant against the defendant, they can go to the relevant police department to hand themselves in.

The magistrate will visit the accused within 24 hours to discuss their options. Sometimes, they may be able to lower the bond or offer a pre-trial release as long as the defendant promises to appear in court.

Post a Cash Bond

Another option to avoid an arrest after a judge issues a warrant is to head over to the relevant municipal court and post a cash bond equivalent to the amount listed on the written order. While this can prevent police officers from detaining the accused, it doesn't resolve the case.

Posting a cash bond is a great way to avoid arrest. Since the defendant does not plead "Guilty" or "No Contest," the case proceeds to criminal court, where the prosecutor may decide to push for a trial. This is an opportunity for the accused to use the right legal defense to avoid a conviction.

It's important to understand that the option to post a cash bond is not available in case of a "post-judgment warrant" or "Capias Profine."

Post a Surety or Attorney Bond

Posting a surety bond can help remove an arrest warrant. To do that, the defendant must contact the relevant bail bondsman and pay the necessary fees. However, they must still attend the court date and wait for the completion of their case.

A key thing to remember here is that the accused must post a surety bond in the right county. For example, Tomball residents can only approach Harris County bonding companies.

The option to post surety bond is not available to those defendants with a Capias Profine.

Contact the County Clerk's Office

To avoid an arrest after a judge issues a warrant, the accused can reach out to the County Clerk's office for more information on the "Walk-in Docket" hearing. This is a court session that's typically held several times a week.

Appearing in front of a judge during a "Walk-in Docket" hearing can place a hold on the defendant's warrant or Capias Profine, allowing the accused to attend their court dates without being arrested.

The County Clerk's office can also schedule a new court date. When a defendant makes such a request in person or in writing, law enforcement officers cannot arrest them. The accused can then attend the scheduled hearing to have the warrant recalled.

Hire an Attorney

While it can be scary for the defendant to find out that they have an arrest warrant, it's essential to stay calm and avoid overreacting. Reaching out to an experienced criminal defense attorney to discuss their case can help the accused weigh their options and choose the one that's best for them.

Let Sparks Law Firm Fight Your Outstanding Warrants!

Knowing that there is an arrest warrant out for you can be frightening. At Sparks Law, our proactive legal team has over 10 decades of combined experience tackling administrative violations and criminal cases. Call us to schedule a free consultation and have your rights protected!