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To issue a warrant or not to issue, that is the question Login/Join 
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Suspect arrested for DWI, DWLS, and possession of pot. Jail booked him in on only the first two offenses. We filed charges on all three. Do we need to issue another warrant for him to be booked in on the pot possession or is it enough that he was booked on the other two, related offenses?
 
Posts: 79 | Location: Texas | Registered: October 09, 2003Reply With QuoteReport This Post
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Unless the charges are somehow joined in the same information under 21.24(a), I would think he has not yet been arrested on the marihuana case and thus has signed no bond promising to appear with respect thereto. Hence, unless the defendant is still in custody, it seems to me you would want to have the clerk issue a capias under 23.04 in order to assure the defendant has to appear in that case (though the other cases may end up requiring his appearance at the same time). While a summons can be used for this purpose, a failure to answer a summons does not give rise to any liability under 38.10, PC.
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
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we had the reverse. bg was booked on some minor offenses but the DPS trooper didn't tell the jail staff he was also going to file a DWI. So he bonded out w/o being arrested for DWI. It took us almost 9 months to get the DPS to find the guy and arrest him for the DWI.
 
Posts: 244 | Registered: November 02, 2001Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    To issue a warrant or not to issue, that is the question

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