If you are ever in the predicament where a Texas warrant search is necessary, there are a few things that you might want to take into consideration. Although there is nothing wrong with searching for accurate information when it comes to warrants, Texas is a rather large state and finding the correct information could prove to be a little challenging.
Although Texas is famous for its independence and gigantic cattle farms, this state is not lenient on crime. If you, or somebody that you care about has an active arrest warrant the officials will be hasty to take action and hold you accountable.
In order for Texas law enforcement officials to place a person under arrest they must have a warrant in effect, or be able to establish probable cause for an arrest.
Keep in mind that there is no law that states that when a warrant is placed on a person that the court has to inform the defendant. In other words, a warrant can be put into place by a judge, but they do not have to make the person in the warrant aware that it exists. You could have a warrant out for your arrest, and not even know about it.
Here is a list of 5 things you should consider if you are searching to discover warrants out for you, or somebody else in the state of Texas:
1. Factors that Establish a Valid Warrant for Arrest
In many cases the law enforcement agency that is interested in apprehending a suspect of a crime does not even have to have an arrest warrant to arrest the person. Some of the factors that will require an arrest record for the police to make an arrest are:
- A witness stating they saw a crime committed by the defendant
- The defendant ran from the crime scene
- Hearsay evidence implicated the defendant of a crime
- The incident in question has a large amount of public attention
If a Texas police officer sees a crime happen and is able to apprehend the person, or people that did the crime they will be able to arrest them without any questions.
In order for a police officer to put a citizen under arrest is if they have probable cause that the person was involved with the crime that is under investigation.
A valid arrest warrant has to be written up in the court by a judge that has deemed probable cause enough to merit a warrant.
The actual circumstances that define “probable cause” are vague, and can be established under the direct opinion of the judge that signs the warrant into effect.
2. Factors that Establish a Valid Search Warrant
In order for a search warrant to be valid in the state of Texas the warrant has to be brought in front of a judge and signed. The areas, people, or objects that can be searched have to be stipulated and listed in the search warrant.
The warrant can state that an officer can search a certain part of a home, or a certain place in the home such as the top drawer on the left of the bedroom dresser. If the officers that conduct the search do not adhere to the conditions of the warrant, what they find can be ruled out as evidence.
In order for a search warrant to be put into motion in Texas there are some factors that have to be present that determine a cause for the search warrant.
- Suspected of criminal activity
- Possession of articles that were used to commit crime
- Suspected possession of stolen property
- Suspected possession of illegal substances
- Suspected possession of illegal weapons
- Suspected activity of commiting crimes against children
If there is adequate evidence of probable cause a judge will, in most cases, cooperate with authorities and draw up a search warrant in order to bring the accused to court and stand trial.
3. Factors that Establish a Valid Bench Warrant
When it comes to bench warrants there is much leeway. A bench warrant is created by a judge on the “bench” in consequence of people failing to satisfy a court action. Some examples of failing the court’s orders are:
- Failure to appear for a court date
- Failure to pay a fine
- Failure to complete work detail or community service
- Failure to comply with a court order
Although a bench warrant is not as severe as an arrest warrant with a felony attached to it, they do carry a lot of power. If you have an active bench warrant the authorities can arrest you and bring you to jail at any time.
They can find you at work, on a date, on vacation…wherever they happen to discover your presence, they can and most likely will take action and retrieve you for the judge that set the warrant in motion.
When the judge establishes the bench warrant they will be able to declare a set bail amount for the defendant, or they can also claim the warrant to be a no-bail hold. If it is a no-bail hold the defendant will not be able to be released from the jail until they are seen in court.
4. Factors that Protect Citizens from Actions Without Warrants
The United States has laws in place that are there to protect civilians, within reason. The Fourth Amendment is there in order to protect the people from unreasonable searches and seizures by the government and law enforcement.
What many people do not understand about this amendment is that it can only help so much. Although there are people that are wrongfully accused of crimes, the majority of the criminal activity that happens is by people that say that they are innocent.
The balance between ensuring the rights of the citizens and making public safety a priority is not easy to keep.
An officer is not legally able to search a person, or the person’s property unless:
- They have a valid search warrant
- They have probable cause
- They have permission from the person
In numerous cases, the officer that conducts a search will do so by their own opinion of probable cause. When they do this, they are at risk of losing every bit of evidence that they discover in the search. Officers want to do it right so they have a solid case to stand on when they go against the defendant in court.
5. What to do If You Have an Active Warrant
In the event that you, or somebody that you care about has a warrant there are some things that you can do in order to protect yourself, and resolve the warrant without being dragged to jail, or getting searched without warning.
Although it might be costly, the smartest thing you can do if you are wanted by the law is to contact an attorney. Although the lawyer can’t make your charges go away, they can help you to deal with those charges in a manner that is most beneficial to you.
You can report to the local police office and turn yourself in for the warrant, but beware that it is not a pleasant experience. If you take action in this manner, you are putting yourself into a predicament where you will have no support or protection.
It is a sad state when we all have to protect ourselves from the law, but the truth is that most of the people that are arrested for crimes are guilty. The police have no idea regarding your innocence until you go through the court process.
If you have a warrant out for your arrest:
- Don’t panic
- Contact a lawyer
- Avoid breaking any more laws, including traffic violations
- Do not post it on social media or tell anyone
The only way to resolve a warrant is to face the demands of it. If it is an arrest warrant, or a bench warrant you will have to face the judge in court. If it is a search warrant you will have to go through a search.
Be prepared and do not be combative. Warrants will work themselves out in time. Every trial has its own characteristics that need due process to reveal.
Conclusion
Implementing warrant searches on a regular basis gives you the opportunity to resolve any warrants that might be against you on your own terms. Being aware of a warrant can save you a trip to the county jail, and keep you from having to pay lots of money in fees. Whether you are in Texas or any other state in the country, keep tabs on yourself and be prepared.