A warrant is a writ or specific authorization that was either issued by a judge, competent officer or magistrate, which permits an otherwise illegal act that would violate human being rights and affords the person executing the writ security from damages if the act is performed.
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Types of Warrant and Procedure
1. Types of Warrant and Procedure
Warrant
A warrant is a writ or specific authorization that was either issued by a judge, competent officer
or magistrate, which permits an otherwise illegal act that would violate human being rights and
affords the person executing the writ security from damages if the act is performed. A warrant is
usually issued by a court and is directed to a sheriff, constable or a police officer, a person who is
charged with a crime, convicted of a crime but failed to come out for sentencing, owes a fine or
is in contempt of court.
Types of warrant
Arrest warrant
Bench Warrant
Search Warrant
execution warrants
Arrest Warrant
An arrest warrant is often issued by the court system or a different political entity, which
authorizes the arrest and custody of an individual, or the search and attack of an individual's
property. These documents are regularly issued when a specific crime has been committed and it
is believe that the person on the warrant has committed the crime. This is a very serious and
important issue to know if you have an arrest warrant issued for you or someone that you know.
This information can keep you safe and it can also help you to solve your troubles.
Bench Warrant
The bench warrant is issued by judges and magistrates for criminal or civil court cases and
mandates the immediate arrest of a person. A bench warrant is used, among other purposes,
when a person has failed to appear in response to a citation. It is also used when an accused
person needs to be transferred from jail to court for trial, and when a person's failure to obey a
court order puts in disapproval of court.
2. Search Warrant
A Search Warrant is an order in writing, issued by a judge or judicial officer, commanding a law
enforcement officer to search a particular person or premises for specified property and to bring
it before the legal authority named in the warrant, they can confiscate any evidence found. Law
enforcement basically makes plans ahead of time to execute a search warrant prior to actually
entering the premises and cannot be issued in aid of civil process.
Execution warrants
An execution warrant is a writ which authorizes the implementation of a judgment of death on an
person. This type of warrant acts like an arrest warrant only with deadly force instead of an arrest
as the end result and the warrant specifies the time and place for the execution.
Procedures
When a warrant is issued it will be executed by a police officer. If the warrant is executed
between the hours of 6 a.m. and 10 p.m., if the warrant is executed outside the hours of 6 a.m.
and 10 p.m., unless the time period is extended by the president judge, the police officer shall
call the proper issuing authority to determine when the issuing authority will be available.
When an arrest warrant is executed, the police officer shall either:
Accept from the defendant a signed guilty appeal and the full amount of the fine and
costs if stated on the warrant;
Accept from the defendant a signed not guilty appeal and the full amount of collateral if
stated on the warrant; or
If the defendant is not capable to pay, cause the defendant to be taken without
unnecessary delay before the proper issuing authority.
When the police officer accepts fine and costs, or collateral under paragraphs the officer shall
issue a receipt to the defendant setting forth the amount of fine and costs, or guarantee received
and return a copy of the receipt, signed by the defendant and the police officer.
3. When the defendant is taken before the issuing authority under paragraph, the defendant shall
enter a plea; and if the defendant pleads guilty, the issuing authority shall impose sentence. If the
defendant pleads not responsible, the defendant shall be given an immediate trial unless:
The Common wealth is not ready to continue, or the defendant requests a postponement or is not
able of proceeding and in any of these circumstances, the defendant shall be given the chance to
deposit security for appearance on the new date and hour fixed for trial.
If the defendant is under 18 years of age and cannot be given an immediate trial, the issuing
authority quickly shall notify the defendant and defendant’s parents, guardian, or other custodian
of the date set for the review trial, and shall release the defendant on his or her own
recognizance.
For more details visit: http://houstoncriminalattorney.com/blawg/warrants-in-texas/