What Are the Different Types of Warrants in Texas?

Warrants are part of the criminal justice system. They provide legal authorization for law enforcement to take actions such as making an arrest, conducting a search, or forcing a person to appear in court.

In Texas, a warrant must be issued by a judge or magistrate and based on probable cause. It also must comply with the person's Constitutional rights against unreasonable search and seizure.

There are different types of warrants in Texas, and anyone who is involved with or affected by the criminal process should understand these warrants.

The Legal Foundation for Warrants in Texas

The authority to issue a warrant in Texas is based on both the Fourth Amendment to the U.S. Constitution and Article 1, Section 9 of the Texas Constitution. Both of these laws state that a warrant cannot be issued without probably cause. The warrant must also specifically describe the person, place, or items law enforcement is looking for.

There are different types of warrants in Texas. These include:

• Arrest Warrants

• Bench Warrants

• Search Warrants

• Capias Warrants

• Alias and Capias Pro Fine Warrants

Each type has distinct requirements, procedures, and consequences for the individuals involved. For more information, this criminal defense attorney in Fort Worth TX may be able to help.

Arrest Warrants

An arrest warrant is one that law enforcement gets when they want to speak to an individual suspected of a criminal offense. To get an arrest warrant, law enforcement must have probable cause that the person in question committed a crime, and the warrant will allow them to obtain evidence.

The police officer or prosecutor must offer a written affidavit that outlines the facts that support probable cause, and it must contain the following:

• The name of the individual to be arrested, if known

• A description sufficient to identify the individual if the name is unknown

• The alleged offense

• The signature of the judge or magistrate

Once issued, an arrest warrant empowers any peace officer to take the named individual into custody. In Texas, arrest warrants can be served at any time, day or night. Most arrest warrants are the same, but one type, blue warrants, are used by the Texas Board of Pardons and Paroles. It is issued to a parole officer when there is evidence that a parolee has violated their parole agreement.

The arrest warrant issued must be presented before the arrest. When the person is arrested, they must get a court appearance within 48 hours. As soon as possible, they are advised to reach out to an experienced defense attorney. They can explain your rights when police come to your workplace in Texas.

Bench Warrants

A bench warrant is a legal document issued by a judge and it is a document that is issued when a person doesn't appear in court during a scheduled hearing. Unlike an arrest warrant, a judge issues this warrant as the person has violated court procedures.

Bench warrants are often issued in the following circumstances:

• Failure to appear for a scheduled hearing

• Failure to pay a court-ordered fine or fee

• Failure to comply with probation or pretrial conditions

• Contempt of court

A bench warrant does allow law enforcement to arrest the person and bring them before the court. Depending on the situation, that person may be detained until they can appear before the judge. Sometimes, it's possible to contact the court clerk to explain the circumstances, but there are a few things to keep in mind.

Bench warrants remain active until resolved. Ignoring one can lead to immediate arrest at any time. This might be during a traffic stop, at home, or even at work. In some cases, not responding to a bench warrant can result in additional criminal charges or suspension of a driver’s license.

Search Warrants

A search warrant is a written order that allows police to search a specific location and take the items listed in the warrant. These warrants are very closely regulated.

A valid search warrant in Texas must:

• Be issued by a neutral magistrate

• Be supported by probable cause

• Specifically describe the place to be searched and the items to be seized

Generally, probable cause is based on an affidavit that describes why officers believe that there is evidence of a crime in the location. The goal is to yield evidence related to a probable criminal act.

Texas law requires that a search warrant be executed within three days of being issued. When an officer arrives to the property or a person's residence, they must identify themselves and present the warrant before searching.

Evidence, including personal belongings, that are obtained outside of the scope of the warrant, may be excluded in court.

Capias Warrants

A capias warrant is a type of warrant that is issued when a person has already been charged with a crime and needs to be taken into custody. This is often done when a person is indicted by a grand jury. Unlike a standard arrest, which is based on probable cause, a capias warrant is based on formal criminal charges.

There are two main types of capias warrants:

1. Capias After Indictment – issued after a grand jury indicts someone, authorizing police to arrest that person and bring them before the court.

2. Capias Pro Fine – issued when someone fails to pay a court-ordered fine, often after a conviction in a misdemeanor case.

Individuals who are arrested under a capias warrant may be held until appearing before a judge or posting bond. In cases involving unpaid fines, payment of the full amount or court-approved arrangements may be required for release.

Alias and Capias Pro Fine Warrants

There are two warrants specific to people who don't handle minor offenses, like a traffic citation or a misdemeanor charge, in a timely manner.

The first one is called an alias warrant. This is issued when a person fails to appear in court after getting a ticket but before they enter a plea. For instance, if a person gets a traffic citation but doesn't appear by the scheduled date, an alias warrant can be issued.

The other type of warrant is called a capias pro fine warrant. This is issued after a conviction when a person fails to pay their fines or court costs. This warrant allows law enforcement to arrest the person and bring them before the court to either collect or make payment arrangements.

While jail time in these cases is rare, it's possible.

Do You Have a Warrant? Contact Sparks Law Firm

If you have a warrant, or you believe you might get one, it's best to reach out to an attorney as soon as possible. The team at Sparks Law Firm is available to help those who are suspected of or accused of crimes in and around Fort Worth. They can also assist if a warrant has been issued for my arrest in Texas.

In most cases, law enforcement needs a warrant to arrest someone, though there are cases where warrantless arrests are also possible.

If you have questions about warrants, of if you need criminal defense services, reach out to Sparks Law Firm for a free consultation.