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Three questions: Due to Hurricane Ike, our Sheriff moved prisoners from our jail for fear of damage to the facility which thankfully did not occur. He released inmates who have not posted bonds and were waiting in jail for court on revocation matters with their promise to return on Monday. One inmate did not return. The Sheriff's department wants us to issue a warrant for arrest. A warrant for what? Did he have the authority to release the inmates without a bond? He also transferred an inmate who had been sentenced two days prior to 150 days in jail to another county where she had a warrant. The other county's sheriff gave her 150 days credit and released her immediately because he was mad at our sheriff for "dumping" an inmate with health problems. Where in the Code does it allow the other sheriff to do this? | ||
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Member |
Perhaps an escape charge could be filed. See Penal Code Sec. 38.01(2) which defines escape as a departure from custody or a failure to return to custody following temporary leave for a limited period. | |||
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Member |
Similar situation.....sheriffs office releases two inmates and accidentally failed to get any type of bond or promise to appear in misdemeanor court... Defendants were sent notice of court setting and did not appear. Any suggestions on how to have them arrested? Summons then capias? Capias alone? Nothing seems to fit perfectly that I have found. | |||
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