Officer works two cases on a defendant: Forgery and Theft.

He writes up his PC affidavit on the Theft, submits his material to the JP who signs for an arrest warrant that is labeled 'Forgery'.

Defendant is arrested on the warrant. Officer realizes the mistake before he files the PC affidavit on the forgery. (The proposed warrant for theft is there with the forgery paperwork.)

What do you do? If we take the position that the word is a typo, how can we correct it procedurally?

That the warrant failed to correctly name the offense of which the arrestee was accused in accordance with art. 15.02(2) should constitute no defense to his prosecution for either the forgery or theft charge. Possibly the arrestee can argue he has been falsely imprisoned (for an offense of which he was not actually accused) and recover damages, but it seems to me all you need to do is re-issue the forgery warrant (supported by the correct complaint) and get a theft warrant as well (if you want two bonds) and not try to hold him on the defective warrant.

So, if we re-issue, they can't quash the warrant because the defect would be corrected?

(Issues of wrongful arrest would arise in some sort of civil action at another time. IF that ever arises?)

I would add only that if you follow Martin's advice (which I think is sound), the defendant is going to have difficulty establishing that he has any damages. From the civil end, the only question that will be pertinent in terms of whether a constitutional violation has occurred will be whether the warrant was facially valid.

If there was evidence derived from the execution of the warrant, or even a post-arrest confession, the validity of the warrant may become an issue. But otherwise, who cares whether the warrant is "quashed", recalled, or whatever. While I suppose if bail has already been made on the forgery charge you could not require another bond on that charge (see art. 17.09 (2)), I see no reason why you cannot secure and execute a second warrant for forgery, particularly where the validity of the first warrant is subject to question. I am not sure whether you have to file a second forgery complaint (since it may not be proper to issue a second warrant off of one complaint, and perhaps the first complaint is now "married" to the first warrant), but that would seem to be the safest course.