Texas Defense Firm | October 10, 2023 | Bail \ Federal Criminal Defense
Most criminal cases in Texas begin with a judge or magistrate issuing a warrant for the suspect’s arrest. If you have reason to believe there is an active arrest warrant for you, your first instinct might be to try and run. That is never a good idea. The longer a person waits to turn themselves in a warrant, the more it looks like they are either irresponsible or trying to avoid the legal process. In representing someone, we advise people to turn themselves in and post a bond in an orderly way at their convenience as soon as possible. In turning yourself in, you develop a track record of conscientious and responsible behavior that will pay dividends to you as your case proceeds.
Your second option with respect to a warrant is to simply wait for the police to come to your home and arrest you. But you may also opt to turn yourself in and “face the music,” as it were. Before taking this step, however, it is always a good idea to speak with a qualified Collin County criminal defense lawyer. Remember, you have a constitutional right to the advice and assistance of counsel at all stages of a criminal case against you. This includes the period of time before you choose to surrender yourself to police custody.
Arrest Warrant vs. Summons
In some criminal cases, an arrest warrant is unnecessary. For example, if you are driving your car and a police officer pulls you over, you are subject to immediate arrest if evidence suggests you committed a crime, such as driving under the influence of alcohol. But when you are not in police custody, a magistrate must issue an arrest warrant under Section 15.01 of the Texas Code of Criminal Procedure.
A warrant is simply a written order to a police officer “or someone specifically named” directing them to take a “person accused of an offense” into custody. A warrant is not the same thing as a formal indictment. In other words, it will not include a detailed account of the specific charges or evidence against the suspect named. However, it must include a statement that the person “is accused of some offense against the laws of the State, naming the offense.”
Negotiating Your Surrender & Making Bail
Once a magistrate issues a warrant, you will be taken into custody. The only question is whether you surrender voluntarily or wait for the police to find you. Remember, once a warrant is issued, law enforcement can arrest you anytime and anywhere. Leaving Collin County, or even the State of Texas, will not defeat the warrant. Once the police find you, they are not obligated to “give you time” to put your affairs in order before entering into custody.
Put another way, time is of the essence when there is a warrant for your arrest. So, the first thing you should do once you learn an arrest warrant is contact a Collin County criminal defense attorney. Defense lawyers are experts in assisting criminal suspects through the arrest and booking process. Depending on the nature of the charges, a defense attorney may be able to assist you in negotiating the specific terms of your surrender and even help you make bail within a few hours of your formal arrest.
Indeed, in all but limited circumstances, such as repeat family violence or protective order violations, you are entitled to a reasonable bond. Your defense attorney can help you deal with the court at a bond hearing. Reducing or eliminating the need for cash bail may be possible. Again, a lot depends on the specific nature of your case and the severity of the charges against you. But not having a lawyer will make your case for reasonable bail more difficult.
Legal Assistance After Your Arrest in Collin County
More broadly, in Collin County and Texas, your attorney and other groups offer legal assistance for incarcerated individuals. If you’re ineligible for or unable to make bail, you could spend a long while in jail between your arrest and trial, and you deserve humane treatment. Some issues you might face while incarcerated include:
- Violence at the hands of other inmates
- Inability to receive treatment for physical or mental illnesses
- Negligence or abuse from guards and administrators
- Corruption among guards and administrators
If you face any of these or other challenges during your incarceration, our firm can help by:
- Filing Motions for Protective Measures: If you face violence or threats from inmates, we can file a motion to move you to a safer facility. Alternatively, we can file a motion to place you in protective custody.
- Demanding Access to Medical Attention: Should you need medical or psychiatric care, we can submit requests and file motions to help you receive timely treatments.
- Launching an Investigation: In cases of abuse or negligence from guards or administrators, we can ask for a third-party investigation. With luck, the investigator will bring any misconduct to light and push for proper disciplinary action.
- Initiating Legal Action: If abuse or negligence occurs at your facility, we can file lawsuits against the facility, guards, or administrators.
- Petitioning for a Modified Sentence: In specific circumstances, we can submit an appeal on your behalf for reduced sentences or parole.
- Advocating for Rehabilitative Programs: To ensure your well-being, our attorneys can push to include you in therapy, educational, or vocational training programs.
No matter the challenge, the attorneys at Texas Defense Firm stand ready to deploy these actions. It’s our job to safeguard the rights and welfare of incarcerated clients in Collin County.
Facing a Warrant for Your Arrest in Texas? We Can Help
If you’ve been charged with a crime in McKinney or Dallas and need legal help, contact our skilled criminal defense attorneys at Texas Defense Firm. Schedule a confidential consultation today to discuss your case and protect your rights.
We proudly serve Collin, Denton, Kaufman, and Rockwall counties and the surrounding areas. Visit our law offices at:
Texas Defense Firm – McKinney Office
7300 State Highway 121 Suite 400
McKinney TX 75070
(972) 369-0577
Available 24/7
Texas Defense Firm – Dallas Office
4100 Alpha Rd Suite 476
Dallas TX 75244
(469) 365-2228
Available 24/7