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An unpaid traffic ticket and a missed court date can lead to a warrant, which is a written legal document usually issued by a judge that allows law enforcement officers to perform a specific act of justice.
Search and arrest warrants are the most well-known forms, but there are more types. Each has a unique purpose and different legal requirements, so it's important for those who have one to understand what these documents often entail.
This guide contains valuable information about warrants, including the different types used in Texas and the related legal processes.
What Is a Warrant "in Writing" in Texas?
Under Texas law, a warrant "in writing" is a written court order that authorizes a law enforcement agency to perform a specific action, such as arresting someone, searching a property, or seizing assets.
Warrants aren't arbitrary but require approval from a judge or another authorized party. The law enforcement agency initiating the legal process should present a sworn affidavit to the magistrate.
Additionally, this document must be based on evidence and is only issued if there's a reasonable belief that a crime has been committed.
Although they allow law enforcement officers to perform certain acts of justice, warrants don't grant blanket permission. Instead, they outline what authorities can do.
More often than not, these documents are used for the arrest of a person over a crime or the search of a property to collect evidence. However, there are other types for different situations and purposes. For more information, a criminal defense lawyer in Fort Worth may be able to help.
Different Types of Warrants in Texas
These are the types of warrants commonly issued in Texas:
Arrest Warrants
An arrest warrant is a judge-issued legal document that allows a law enforcement officer to arrest a person if there's probable cause for that action.
In Texas, people can be issued an arrest warrant when they:
Commit a crime
Are released on bail or a personal recognizance bond and fail to appear for a scheduled court hearing
Are on probation or parole and violate the terms of the release
Fail to pay fines assessed by a judge
Fail to respond to a ticket within an 11-day period
Fail to complete the Driving Safety Course requirements or to do community service as agreed
As mentioned above, this document is based on sworn affidavits and is only signed by a judge if there are substantial facts establishing probable cause, which means that any reasonable person who reviews the facts and circumstances should believe that the suspect committed a crime.
Law enforcement officers won't actively search for a person who has been issued an arrest warrant but will usually detain them if they're arrested for another offense.
What Should an Arrest Warrant Have?
In Texas, an arrest warrant is only valid if it's signed by a judge, clearly identifies the alleged offender or describes this person in detail, and provides comprehensive information about the crime the individual allegedly committed.
Search Warrants
This document is probably the second most common type. A search warrant is a judicial court order that gives law enforcement officers the power to search a person's residence, workplace, vehicle, and personal belongings to obtain evidence related to a crime.
The Fourth Amendment to the United States Constitution protects people from search and seizure if these actions are considered "unreasonable." Therefore, a search warrant cannot be issued if there's no evident probable cause.
Authorities must present the judge with affidavits and other forms of evidence to prove this.
Without this document, no municipal or county law enforcement agency can search and seize a property. This can be considered a violation of the alleged offender's rights.
Who Can Issue a Search Warrant?
Only a judge can authorize this legal document. According to the Code of Criminal Procedure, warrants can be issued by the following parties:
A judge of a municipal court of record
A county court judge who is a licensed attorney in Texas
A statutory county court judge
A district court judge
A magistrate with jurisdiction over criminal cases serving a district court
A judge of the Court of Criminal Appeals
A justice of the Supreme Court of Texas
When Can a Search Warrant Be Issued?
A search warrant can only be issued if the sworn affidavit filed by law enforcement officers establishes probable cause that:
A specific crime has been committed.
A specifically described person was a victim of that crime.
The evidence of the crime or a particular person committing the crime can be collected through photographs.
The specific property or items to be searched and seized constitute evidence.
The person to be searched for is located in the place subject to this process.
A subsequent search warrant might be issued if there's a new probable cause. Under certain circumstances, the law enforcement agency seizing or searching a property can also make an arrest, as long as the alleged offender's rights are respected.
Bench Warrants
Bench warrants are also issued by the court system and are used when a person commits a criminal offense or is found in contempt of court, which means that they:
Failed to appear for a scheduled hearing
Didn't comply with a court order
Disobeyed a subpoena to appear in court
Since a bench warrant calls for immediate arrest, this document gives law enforcement officers the authority to take alleged offenders into custody and bring them before a judge. Sparks Law Firm can also advise on how to get rid of a warrant without going to jail in Texas.
Blue Warrants
Texas requires people who complete a minimum prison sentence to remain under court supervision.
Former prisoners must be placed on parole after release, which means they must meet certain conditions set by authorities, such as doing community service, finding a job, and meeting with a parole officer.
If a parolee violates the conditions set by the court or commits another criminal offense, law enforcement officers can issue a blue warrant to change parole terms or revoke it completely.
Final Thoughts
Warrants can be intimidating, especially if the arrest or search is unlawful. However, alleged offenders can seek help from an experienced criminal defense attorney to protect their rights. They can also explain how long before an unpaid ticket becomes a warrant in Texas.
Anyone who discovers that there's a warrant against them can find a knowledgeable, compassionate, and professional attorney at Sparks Law Firm. We're located in Fort Worth, Texas, and are available during normal business hours. Contact us today and get a free consultation!
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