This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Once an individual turns themselves in, the arraignment follows. This is the first court appearance where charges are formally presented. The judge may then address bail, determining if the accused can be released until the trial.
Texas law states: “A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.” That means a citizen can make an arrest if they see a felony or a ...
Motion to Quash: Your attorney can file a motion to quash the arrest warrant if there are grounds to believe that it was issued without probable cause or through a flawed legal process.
Traditionally, the only way to clear a warrant is to be taken into custody and see a magistrate judge, who will set a bond on your case. This can be a slow and unpleasant process. But a walk-through arrest allows a bond to be set and posted in your case without you being taken into custody.
A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.
Article 15.26, Code of Criminal Procedure, provides that an arrest warrant and any affidavit presented to a magistrate in support of the warrant is public information and must be made available for public inspection.
Such offenses include minor traffic violations (e.g., speeding, registration issues, seatbelt violations, failure to signal a turn, etc.) and other nonviolent offenses (e.g., noise violations, littering, child support violations, etc.).
More than four decades ago, the First District Court of Appeals, based in Houston, defined an extraneous offense as: “… any act or misconduct, whether resulting in prosecution or not, which is not shown in the charging instrument and which was shown to have been committed by the accused.”
Fine-only offenses include: Traffic offenses such as speeding, running a red light, or failure to yield. They also include driving-related violations like a first offense of driving with an invalid license, driving with defective equipment, driving without insurance, or having an expired registration.