Warrants for arrests have been dealt with in Article 15.01 of the Texas Code of Criminal Procedure which describes the legal process as a written directive issued by the sitting judge of a tribunal at any level in the state’s judicial makeup. It is further stated that this directive is generally directed at a police officer or a specifically named person.
Yet, it is understood that when it comes to execution of the decree, all law enforcement agent can not only join hands in the pursuit but also depending on the nature of the crime, this order can be served in any part of the country by any member of a law enforcement office.
Active warrants issued in the state will all be in the name of Texas as stated in the Criminal Procedure Art. 15.02 and without special regard to form, the order released in black and white will have the requisites mentioned below in substantial amount.
According to Art-15.03 of the Texas Code Of Criminal Procedure a magistrate may issue a summons instead of a warrant at his discretion. However, this is usually only done when the offense is a misdemeanor or of the complaint is brought in front of the judge by a person other than a law enforcement agent.
When a criminal summons is released, it is served by delivering a copy of the order upon the defendant in person or leaving it in the hands of an individual of suitable age who also resides in the same dwelling as the accused. The summons can also be sent to the defendant by mail at his last known address. If the accused fails to show up in court as ordered in the summons, he stands to have a warrant issued in his name.
The execution of warrants has been handled in the Texas Code Of Criminal Procedure Art- 15.16. Arrest warrants are considered served when the accused is taken into custody. The law states that when a warrant is issued in the name of a person, the individual at whom it is directed shall arrest the offender without unnecessary delay and take him before the magistrate who sanctioned the arrest order.
If the arrest occurs in a county outside of that in which the order was issued, the arrestee will be taken to the nearest court or a magistrate in the county where the accused was apprehended. When it comes to bench warrants, there are also said to be executed when an arrest occurs under the provisions of the order. However, unlike TX outstanding warrants which are valid across the state, bench warrants can only be served within the issuing county.
Search orders are another type of legal processes that are restricted in terms of their execution. While these orders are procured on the basis of a probable cause declaration, the warrant offers limited jurisdiction to the sheriff’s deputies. Through the use of search warrants, police officers can enter privately owned premises and search and impound items that can be used as evidence. However, this order cannot solely be used to arrest a person.
Law enforcement agencies are offered access to complete crime history including information on arrest records, detention orders that have already been served and outstanding warrants. However, civilians can only access publicly available crime history information. This is often restricted to cases that have already resulted in conviction and matters where the accused is serving time in one of the state prisons.
Yet, if you need a personal background report this can be sought through the Texas Department of Public Safety. Their website is available at https://records.txdps.state.tx.us/DPS_WEB/Cch/index.aspxand you can also access crime statistics and a most wanted list thorough their portal. To look for arrest records and warrants, you will need to set up an account with Computerized Crime History service (CCH).
You will need one credit per search and it will cost you $3; additionally, you will have to incur a credit card convenience fee of $2.50 and a user fee of $0.50. If you are sending in your inquiry through mail, you will have to pay $1.25 in convenience fee.
If you are looking for court records on civil as well as criminal matters, it would be best to approach the clerk of court. This agency maintains the court dockets repository and they will allow you limited access to this database. For information on inmates in the prison system of Texas, you can connect with the Department of Criminal Justice at http://www.tdcj.state.tx.us/.