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CHAPTER 15 ARREST UNDER WARRANT (15.03 MAGISTRATE MAY ISSUE WARRANT OR…
CHAPTER 15 ARREST UNDER WARRANT
15.03 MAGISTRATE MAY ISSUE WARRANT OR SUMMONS
(a) A magistrate may issue a warrant of arrest or a summons;
When any person shall make oath before the magistrate that another has committed some offense against the laws of the State; and
In any case named in this Code where he is specially authorized to issue warrants to arrest.
In any case which he is by law authorized to order verbally the arrest of an offender;
b) a summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place. The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address. If a defendant fails to appear in response to the summons a warrant shall be issued.
c) For purposes of Subdivision 2, subsection (a), a person may appear before the magistrate in person or the person's image may be presented to the magistrate through an electronic broadcast system
d) A recording of the communication between the person and the magistrate must be made if the person's image is presented through an electronic broadcast system under Subsection (c). If the defendant is charged with the offense, the recording must be preserved until:
1) The defendant is acquitted of the offense; or
2) All appeals relating to the offense have been exhausted
e) The counsel for the defendant may obtain a copy of the recording on payment of an amount reasonably necessary to cover the costs of reproducing the recording
f) In this article, "electronic broadcast system", means a two-way electronic communication of image and sound between a person and magistrate and includes secure Internet videoconferencing.
15.05 REQUISITES OF COMPLAINT
The complain shall be sufficient, without regard to form, if it have these substantial requisites:
2) It must show that the accused has committed some offense against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has committed such offense
3) It must state the time and place of the commission of the offense, as definitely as can be done by the affiant.
1) It must state the name of the accused, if known, and if not known, must give some reasonably definite description of him.
4) It must be signed by the affiant by writing his name or affixing his mark
15.04 COMPLAIN
The affidavit made before the magistrate or district or county attorney is called a "complaint" if it charges the commission of an offense
15.01 WARRANT OF ARREST
A "warrant of arrest" is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.
15.02 REQUISITES OF ARREST
It issues in the name of "The State of Texas", and shall be sufficient, without regard to form, if it have these substantial requisites:
2) It must state that the person is accused of some offense against the laws of the State, naming the offense
3) It must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature
1) It must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him.
15.06 WARRANT EXTENDS TO EVERY PART OF THE STATE
A warrant of arrest, issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall extend to any part of the State; and any peace
15.07 WARRANT ISSUED BY OTHER MAGISTRATE
15.16 HOW WARRANT IS EXECUTED
15.17 DUTIES OF ARRESTING OFFICER AND MAGISTRATE
15.18 ARREST FOR OUT OF COUNTY OFFENSE
15.22 WHEN A PERSON IS ARRESTED
15.23 TIME OF ARREST
15.24 WHAT FORCE MAY BE USED
15.26 AUTHORITY TO ARREST MUST BE MADE KNOWN
15.25 MAY BREAK DOOR
15.27 NOTIFICATION TO SCHOOL REQUIRED