Warrant Processes

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Warrant Processes
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• Presented by
• Margaret Robbins,
• Program Director, TMCEC

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Topics of Discussion
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• FTAs
• Probable Cause Affidavit
• Warrant of Arrest
• Capias
• Summons
• Capias Pro Fine
• Warrant Fees

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FTA vs. VPTA
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• FTA
• Prosecutor files
• Sworn complaint initiates charge
• Culpable mental state
• Willfully
• Custody required
• No signature required
• Maximum possible fine
• 500
• Court costs
• 40 local costs

• VPTA
• Prosecutor files
• Sworn complaint initiates charge
• Culpable mental state
• Intentionally
• Knowingly
• Signature required
• Rules of Road Offenses
• Maximum possible fine
• 200
• Court costs
• 70 local costs

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Probable Cause
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Required by

• U.S. Constitution, Amendment IV
• Texas Constitution, Article I, Section 9
• Article 1.06, C.C.P.

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Probable Cause Affidavits
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• Affidavit sworn written statement
• The amount of evidence necessary to believe that
  a person committed a certain criminal act
• Complaints not sufficient to act as
• State v. Martin 833 S.W.2d 129 (Tex .Crim. App.
  1992)

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Warrants of Arrest
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• Written orderissued by a judge
• Written order issued by a magistrate

Warrant of Arrest Greetings to any peace officer
You are hereby commanded to arrest
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Warrant of Arrest
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• Issued by Judge
• Required before issuing a warrant
• Sworn complaint based on probable cause, or
• Probable cause affidavit

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Out-Of-County Warrant

• Fine-only offense
• The magistrate has the authority to take a plea,
  set and collect a fine, and grant jail credit
• Paperwork and money must be sent within 11
  business days to court with jurisdiction

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Capias
Chapter 23, C.C.P.

• Only judge has authority to issue
• Required to be issued when a bond forfeiture
  declared (Article 23.05, C.C.P.)

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Capias

• Art. 23.01 says judge or clerk may issue capias
• MUNICIPAL COURT CLERK MAY NOT ISSUE A CAPIAS
• Sharp v. State (Tex.Crim.App., 1984)

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Capias

• Orders peace officer to bring defendant before
  the court
• Does not lose its force if not executed by time
  fixed in capias (Article 23.07, C.C.P.)

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Clerks Role

• Review form of warrant capias
• Compare with statutory requirements
• Bring discrepancy to judges attention
• Check information entered on form
• Typing errors
• Spelling errors
• Information accurate

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Clerks Role

• Coordinate with police department
• Original, copy, electronically connected
• Ensure warrant not lost
• Ensure prompt recall when served
• Coordinate documentation of peace officers
  service or process
• Needed to determine warrant fee assessment

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Clerks Role

• After service of the warrant
• Affidavit and warrant public
• Public may view
• Public may purchase copy

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Summons For Defendant

• Requires defendant to appear
• Issued by Magistrate Article 15.03(b), C.C.P.
• Issued by judge Article 23. 04, C.C.P.
• Request from a prosecutor required

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Summons For Defendant

• Required to have the following wording in English
  and Spanish
• It is an offense for a person to
  intentionally influence or coerce a witness to
  testify falsely or to elude legal process. It is
  also a felony offense to harm or threaten to harm
  a witness or prospective witness in retaliation
  for or on account of the service of the person as
  a witness or to prevent or delay a persons
  service as a witness to a crime.

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Service of Summons For Defendant

• Peace officer serves
• MUNICIPAL COURT CLERK DOES NOT HAVE AUTHORITY TO
  SERVE
• A 35 fee assessed upon conviction when served

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Summons For Defendant
Served by a peace officer

• Delivering copy to defendant
• Leaving it at his or her home with someone of
  suitable age and discretion
• Mailing it to last known address

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Summons For Defendant

• Articles 15.03(b) and 23.03(b), C.C.P.
• If defendant fails to appear, a warrant of arrest
  or capias shall be issued

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Summons for Corporation or Association

• Service on Corp. or Assoc.
• Must require
• Corporation or association to appear at or before
  10 am of the Monday next after expiration of 20
  days after service
• Service on Sec. Of State (S.O.S.)
• Must require
• Corporation or association to appear at or before
  10 am of the Monday next after expiration of 30
  days after service

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Summons for Corporation or Association

• Service on Corp. or Assoc.
• Personally deliver to registered agent
• President or vice president
• Service on Sec. of State (S.O.S.)
• Personally deliver to S.O.S. or Assist. S.O.S. or
  clerk in charge of Corporation Dept. at S.O.S.

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Summons for Corporation or Association

• Enforcement
• Defendant fails to appear
• issue capias
• Corporation or Association Counsel for fails to
  appear
• Court enters plea of not guilty, proceeds to
  trial, enters judgment, pronounces sentence

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Capias Pro Fine
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Article 45.045, C.C.P.

• Issued when defendant fails to satisfy judgment
• Shall state the amount of the fine amount still
  owed

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Capias Pro Fine
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• A judgment must have been entered and signed by
  judge
• Judge needs documentation that defendant failed
  to satisfy judgment

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Capias Pro Fine
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• Before commitment to jail for default in payment
  of a fine, judge determines
• If defendant intentionally failed to make a good
  faith effort to discharge the judgment
• Defendant is not indigent
• Article 45.046, C.C.P.

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Service of Process
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• Process - written orders of court (warrants,
  capias, summons, capias pro fines)
• Authority to service municipal court process
• City police and marshals (Art. 45.202, C.C.P.)
• Under the same rules as sheriffs and constables

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Arrest Fee
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• 5.00
• Collected upon conviction for
• Peace officer issuing a citation
• Peace officer making warrantless arrest
• City keeps if local officer issued citation or
  made warrantless arrest
• If peace officer with statewide authority issues
  citation or makes arrest, 1.00 goes to state

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Warrant or Capias Fee
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Article 102.011(a)(2), C.C.P.

• Amount - 50
• For services of a peace officer
• Conviction required

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Warrant or Capias Fee
0
Article 102.011(a)(2), C.C.P.

• Collected for processing or executing
• warrant of arrest
• capias
• capias pro fine

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Warrant Fee

• Article 102.011(a)(2), C.C.P.
• Arresting law enforcement agency other than one
  where warrant issued
• May request 50
• Must make request within 15 days of arrest
• Paid upon conviction

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Warrant Fee

• Article 102.011(a)(2), C.C.P.
• If a peace officer with statewide authority
  makes the arrest, court remits 10 of the 50 to
  the State Comptroller.

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Fee for Summons

• Summons for defendant or parents or guardian of
  juvenile
• Fee of 35
• Service of Summons
• Defendant must be convicted
• (Art. 102.011(4), C.C.P.)

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Special Expense Fee
Article 45.203, C.C.P.

• Ordinance required
• Amount - not to exceed 25
• Warrant must be executed

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Special Expense Fee
Article 45.203, C.C.P.

• Collected on
• Failure to Appear
• Violate Promise to Appear

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THE END