TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Recall of Capias or Warrant
Go
New
Find
Notify
Tools
Reply
  
Recall of Capias or Warrant Login/Join 
<Sean Johnson>
posted
Got a question from an investigator that I'm having some trouble with:

Who has the authority to recall a capias or a warrant if the defendant agrees to plea out? For example: "We recall a warrant on Felonies when the Monies have been payed such as hot checks or forgeries. The DA and the defense attorney agree on these matters or the DA agrees with the defendant to dismiss the case if the money or restitution is paid."
 
Reply With QuoteReport This Post
Member
posted Hide Post
To me it makes sense that the judge/magistrate who issued the warrant is the person who has authority to recall it or countermand the prior order, and probably no one else.
 
Posts: 2075 | Registered: February 07, 2001Reply With QuoteReport This Post
Member
posted Hide Post
I would think a district judge could recall a capias or warrant issued by a JP on a felony, since he is a superior judge with felony jurisdiction and since in the example you use the case has been resolved, either by plea or by dismissal.
 
Posts: 2554 | Location: The Great State of Texas | Registered: December 26, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Recall of Capias or Warrant

© TDCAA, 2001. All Rights Reserved.