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Arrested the wrong guy; can we reissue MTR capias? Login/Join 
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posted
Got an odd question for y'all:

Is a reissued capias valid under the following circumstances:

Defendant had a timely filed Motion to Revoke and Capias timely issued. After the expiration of the probation, "Bob" is arrested. Bob is not Defendant, but, because of past false names provided for law enforcement, Bob, through an alias, is picked up and the capias is served on him.
After arrest, we determined we had the wrong guy and let him go after we confirmed that. State moved to reissue the capias, which was granted by the Court the same day.

Is the reissued capias valid?

Thanks,

Joseph
 
Posts: 22 | Location: Brownsville, Texas | Registered: January 14, 2005Reply With QuoteReport This Post
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I don't see why not. You tolled the statute by filing the motion to revoke. Just because Law Enforcement picked up someone else, doesn't change the timeliness of the revocation. Put the warrant back out on the system and keep looking.
 
Posts: 374 | Location: Houston, TX | Registered: July 25, 2001Reply With QuoteReport This Post
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Agree with Dan. The mistaken arrest of another suspect would have no effect on the validity of the MRP for the actual perp. You just have to get the capias reissued.
 
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001Reply With QuoteReport This Post
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A motion to revoke must be filed and a capias must be issued prior to the expiration of the probation period. For that reason, you may want to file a motion to withdraw the return that was filed when the wrong person was arrested. The original capias would then remain in effect.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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