An arrest warrant, which is signed by a judge, is a court order that gives law enforcement the legal right to arrest someone for allegedly committing a crime. A judge can only issue an arrest warrant when they are given an affidavit that shows there is probable cause to believe that person listed on the arrest warrant is guilty of a crime.
If you feel as if you were arrested without probable cause, or you have a warrant out for your arrest, contact a qualified Collin County criminal defense attorney who is familiar with the Texas criminal process. You are going to need qualified legal representation to ensure you achieve the most favorable outcome.
Arrest Warrant Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
If you are dealing with any kind of warrant in Plano, or any of the surrounding areas in Texas, including Allen, Anna, Blue Ridge, Carrollton, Celina, Copeville, Dallas, Fairview, Farmersville, Frisco, Garland, Josephine, Lavon, Lowry Crossing, Lucas, McKinney, Melissa, Murphy, Nevada, New Hope, Parker, Princeton, Prosper, Richardson, Royse City, Sachse, Saint Paul, Van Alstyne, Weston, or Wylie, contact the Law Offices of Richard C. McConathy. Our firm knows how to handle every kind of warrant issue.
Arrest Warrants in Collin County
After an arrest warrant is signed by the judge, law enforcement officials can carry out the arrest. According to the Texas Code of Criminal Procedure article 15.26, anytime a law enforcement official serves a warrant and makes an arrest, the alleged offender has to be notified by the officer that he or she is being arrested pursuant to a warrant. In order for the warrant to be valid, it must be signed by the judge, have the name or description of the alleged suspect, and have which offense(s) the individual is being accused of.
An alternative to an arrest warrant is a summons which gives the individual a particular time and date for which to appear in court. If an individual is given a summons, or given a traffic citation and fails to appear in court, or otherwise resolve the citation, the judge will issue a bench warrant. A bench warrant is issued for the arrest of an individual who has violated a court order, unlike arrest warrants, which are issued for individuals who are accused of a crime.
Chapter 15 of the Texas Code of Criminal Procedure deals with many of the issues relating to arrest warrants. Texas Code of Criminal Procedure § 15.01 states that a “warrant of arrest” is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.
Under Texas Code of Criminal Procedure § 15.02, it issues in the name of “The State of Texas”, and shall be sufficient, without regard to form, if it has these substantial requisites:
- It must specify the name of the person whose arrest is ordered, if it is known, if unknown, then some reasonably definite description must be given of him.
- It must state that the person is accused of some offense against the laws of the State, naming the offense.
- It must be signed by the magistrate, and his office is named in the body of the warrant, or in connection with his signature.
Texas Code of Criminal Procedure § 15.03 establishes that a magistrate can issue a warrant of arrest or a summons:
- In any case in which he is by law authorized to order verbally the arrest of an offender;
- When any person shall make oath before the magistrate that another has committed some offense against the laws of the State; and
- In any case, named in this Code where he is specially authorized to issue warrants of arrest.
A summons may be issued in any case where a warrant may be issued and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place. The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant’s last known address. If a defendant fails to appear in response to the summons a warrant shall be issued.
For purposes of Subdivision 2, Subsection (a), a person may appear before the magistrate in person or the person’s image may be presented to the magistrate through an electronic broadcast system.
A recording of the communication between the person and the magistrate must be made if the person’s image is presented through an electronic broadcast system under Subsection (c). If the defendant is charged with the offense, the recording must be preserved until:
- the defendant is acquitted of the offense; or
- all appeals relating to the offense have been exhausted.
The counsel for the defendant may obtain a copy of the recording on payment of an amount reasonably necessary to cover the costs of reproducing the recording.
In this article, “electronic broadcast system” means a two-way electronic communication of image and sound between a person and magistrate and includes secure Internet videoconferencing.
Warrantless Arrest in McKinney
In many cases, a warrant is required for an officer to arrest someone. However, under certain circumstances, law enforcement can make a warrantless arrest. Some of these instances that are listed in Article 14 of the Texas Rules of Criminal Procedure are:
- An officer has probable cause to believe that an individual committed a felony and is about to escape
- Law enforcement has recovered stolen property and believes the suspect who is in their presence is guilty of stealing it
- An officer sees the defendant commit a crime
- Law enforcement has probable cause to believe the suspect assaulted a spouse/family member
- The suspect voluntarily gives a statement to law enforcement that gives them probable cause to believe the suspect has committed a felony
- An officer has probable cause to believe the suspect violated a protective order
If you have been arrested without being presented a warrant and you feel that law enforcement may not have probable cause to believe you committed a crime, contact an experienced Dallas defense lawyer immediately.
Search Warrants in Collin County
Chapter 18 of the Texas Code of Criminal Procedure deals with search warrants. It states a search warrant is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order.
No search warrant shall issue for any purpose in this state unless sufficient facts are first presented to satisfy the issuing magistrate that probable cause does in fact exist for its issuance. A sworn affidavit setting forth substantial facts establishing probable cause shall be filed in every instance in which a search warrant is requested. Except as otherwise provided by this code, the affidavit becomes public information when the search warrant for which the affidavit was presented is executed, and the magistrate’s clerk shall make a copy of the affidavit available for public inspection in the clerk’s office during normal business hours.
If an applicant for a search warrant attests to the contents of an affidavit submitted by reliable electronic means, the magistrate must acknowledge the attestation in writing on the affidavit. If the magistrate considers additional testimony or exhibits, the magistrate must:
- ensure that the testimony is recorded verbatim by an electronic recording device, by a court reporter, or in writing;
- ensure that any recording or reporter’s notes are transcribed and that the transcription is certified as accurate and is preserved;
- sign, certify the accuracy of, and preserve any other written record; and
- ensure that the exhibits are preserved.
The magistrate may modify a search warrant that is submitted. If the magistrate modifies the warrant, the magistrate must:
- transmit the modified version to the applicant by reliable electronic means; or
- file the modified original and direct the applicant to modify the proposed duplicate original accordingly.
A magistrate who issues a search warrant for which information is provided by telephone or reliable electronic means must:
- sign the original documents;
- enter the date and time of issuance on the warrant; and
- transmit the warrant by reliable electronic means to the applicant or direct the applicant to sign the judge’s name and enter the date and time on the duplicate original.
Collin County Resources for Warrants
Active Warrants Lookup – Collin County — Use this website to search for active warrants. All warrants may not be viewable to the public. If you have any concerns regarding a warrant, you are supposed to contact the sheriff’s office or constable precinct in which you live to verify.
Warrant Division – Constable: Precinct 3 – Collin County — Learn more about the Warrant Division in Collin County. Find answers to frequently asked questions. Duties of clerical staff include assisting the general public, computer input of all warrants received from the courts, mailing notification of warrants to defendants, and compiling statistical warrant information.
Find A Collin County Attorney to Fight an Arrest Warrant | Law Offices of Richard C. McConathy
Contact the Law Offices of Richard C. McConathy today for a consultation about any kind of warrant in Collin County in Texas. Richard McConathy is an experienced criminal defense attorney who will make every effort to find applicable defenses in your particular case to have your charges reduced or even dismissed.
Contact the Law Offices of Richard C. McConathy right now at (469) 304-3422 or contact us online for a consultation. We also serve the surrounding counties of Denton County, Wise County, Kaufman County, Dallas County, Grayson County, Rockwall County, Johnson County, Ellis County, and Parker County.