What is an arrest warrant?
An arrest warrant is a written order from a Judge that commands any law enforcement officer to take physical custody of a person accused of a certain crime. Because a warrant is a legal mandate from a Judge, law enforcement officers are required to comply with the order to detain the person named in the warrant.
Why does someone get an arrest warrant?
There are many reasons that a person may receive a warrant for their arrest. The most common reason that someone would receive a warrant for their arrest, is when a person is suspected of committing a criminal offense. Arrestable offenses can include something as minor as a low-level misdemeanor theft, or something as serious as a murder, which carries up to life in prison in Texas. If a law enforcement officer establishes that there is sufficient evidence to believe that someone committed a crime (probable cause), then the officer can obtain a warrant from a judge to go arrest that person.
Another reason someone can have a warrant for their arrest is if they fail to comply with a court order. For example, if someone is ordered to show up to court to answer for a criminal offense and they fail to appear, the court can issue a warrant for that persons arrest for failure to appear at court. This type of warrant is commonly referred to as a capias warrant.
Similarly, a warrant can be issued for a person if they violate certain bond conditions that the court imposes while they are free on bail or probation. When a person is arrested and bonds out of jail, the court may impose certain conditions such as a curfew or a prohibition to possess weapons. If that person violates the bond conditions, a court can issue an arrest warrant for that person for failure to abide by the court-imposed conditions.
How does a police officer obtain a warrant?
To obtain a warrant, a police officer must visit with a magistrate (judge) that is in the county where the offense was allegedly committed. The police officer must submit a sworn written statement, called an affidavit, that establishes probable cause that a certain person committed a specific criminal offense.
The standard for probable cause requires that an officer have sufficient facts and circumstances that would lead a ‘reasonable individual’ to the conclusion that a crime has been committed or is about to be committed.
An officer must present the affidavit establishing probable cause to a judge and swear under oath that the facts he possesses are true and correct. If the judge is satisfied that the officer has established probable cause to believe a certain person committed a specific crime, then the magistrate will issue a warrant for that person arrest.
How do I find out if I have a warrant for my arrest?
In Travis County, there are various websites to check if you have a warrant for your arrest. The website you use to search for warrants in Travis County will depend on which law enforcement agency obtained the warrant.
You can begin your search for warrants at the Travis County Sherrif’s Inmate Search page. You will need your last name and date of birth. If you have two last names or a hyphenated last name, you should attempt to input all combinations of your last names. Sometimes law enforcement may have your last names inputted in the wrong order, with or without hyphens, or missing a one of your last names.
You can also search the Austin Police Department Warrant Search page. Again, you will need to input your last name and date of birth. If you have multiple last names, you should also try different combinations and orders of your names when you search for warrants.
If you have a criminal case pending and want to check if the court has issued a warrant for your arrest, you can search on the public records search for both the Travis County District Clerk’s Office (felony cases) and the Travis County Clerk’s Office (misdemeanors). Records for both misdemeanors and felonies can be found on the public records search page. You can search using your full name or using the Cause Number of your case (e.g. C-1-CR-24-205978 or D-1-DC-23-207895) in order to search for your court case. If the Court where your case is pending has issued a warrant for failure to appear at court, it should appear on the public records search results.
Lastly, you can contact the Law Office of Jorge Vela and set up a consultation.
Will I go to jail if I have an arrest warrant?
If you have a pending arrest warrant and encounter a law enforcement officer for ANY reason, you will almost certainly be arrested and taken to jail. It does not matter if you are not committing a crime when you encounter the police officer.
For example, if you have a car accident and a police officer arrives to investigate the car crash, you can be arrested after you identify yourself to the officer if they see that you have a pending warrant. This is true even if you were not at fault in the accident and called 911 yourself to report the accident.
If I have an arrest warrant, can police officers come to my house to arrest me?
Yes, absolutely. If you have an arrest warrant, a law enforcement officer can show up to your house in order to execute the warrant. In Texas, an officer can even enter your home without consent to search for the person named in the warrant if they suspect they are present inside the home.
A police officer can also show up to your school, a family members’ home, or even your workplace to arrest your for a pending warrant.
How can I avoid going to jail if I have an arrest warrant?
The only way to remove an arrest warrant without going to jail is to contact a criminal defense attorney. At the Law Office of Jorge Vela, one of our attorney’s can work to remove a pending warrant without you having to step foot inside a jail cell.
If the warrant is for a new offense and you have not yet been arrested, one of our lawyers can visit with a local judge to have the warrant recalled. A judge can issue a summons instead of a warrant in some cases. Our lawyers can also work to obtain a personal recognizance bond (PR bond). After our lawyers obtain the PR bond, we can organize a meeting with a bonding officer at the Travis County Sheriff’s Office to perform what is called a “walk through.” The walk-through procedure will allow you to bypass being arrested and will instead only require you to submit a photograph and fingerprints to remove the warrant. Once the warrant is removed, you will be given a court date to hear your criminal matter.
If you have a pending criminal matter and you receive a warrant because you missed court, our lawyers can convince the judge handling your case to recall the warrant if we present ourselves at court setting in the future.
What if I have a warrant and I am not a United States Citizen?
If you are not a United States citizen and you have an arrest warrant, not only can you be detained by local law enforcement, but you can also be detained by federal immigration officials. If immigration authorities suspect that you are in the country illegally, they will most likely place an immigration detainer, more commonly known as an “ICE hold.”
If immigration authorities place an ICE hold on you, you will not be able to bond out of state custody. Instead, you will be moved to immigration custody within 48 hours after your scheduled release date from state custody.
This is why, if you are not a United States citizen and you have an arrest warrant pending it is imperative that you contact a criminal defense attorney immediately. The Law Office of Jorge Vela, PLLC can help you remove a pending warrant in Travis County and avoid the danger of an ICE hold. Contact our office today.
