Criminal judgment and warrant of commitment

These warrants require a probable cause affidavit stating the probable cause that justifies the warrant , and a complaint that describes the offense committed and the details of that offense. An arrest warrant may be issued when a magistrate would be authorized by law to order verbally the arrest of an offender, and a person must make an oath before a magistrate that another person has committed some offense against the laws of Texas. The warrant may also be issued in any case in the CCP where a magistrate is specially authorized to issue the warrant.

Although capias warrants are found under CCP Article 43, these are more commonly issued under Article 23 and, in that context, are also pre-judgment warrants, often to bring in a defendant if for bond forfeiture issues. These command any peace officer of Texas to arrest a person accused of an offense and bring that person to court immediately or at a term stated in the writ.

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A capias has several requirements, found under Art. Although a capias provides a specific time for when a defendant is to appear, it does not lose its force if not executed and returned at the time fixed in the writ. Thus, a capias is executable until recalled. Briefly, a capias under CCP Article 43 may be issued for the arrest of a defendant after judgment and sentencing, but the distinction here is that it is not for failure to satisfy the judgment of the court. This is a small distinction, but important to note.

Note to Subdivision d. This subdivision, incorrect in its present form in light of the recent amendment of 18 U. The language of Rule 9 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, except as noted below. Rule 9 has been changed to reflect its relationship to Rule 4 procedures for obtaining an arrest warrant or summons.

Thus, rather than simply repeating material that is already located in Rule 4, the Committee determined that where appropriate, Rule 9 should simply direct the reader to the procedures specified in Rule 4. Rule 9 a has been amended to permit a judge discretion whether to issue an arrest warrant when a defendant fails to respond to a summons on a complaint. Under the current language of the rule, if the defendant fails to appear, the judge must issue a warrant.

Under the amended version, if the defendant fails to appear and the government requests that a warrant be issued, the judge must issue one. In the absence of such a request, the judge has the discretion to do so. This change mirrors language in amended Rule 4 a. A second amendment has been made in Rule 9 b 1. The rule has been amended to delete language permitting the court to set the amount of bail on the warrant. The Committee believes that this language is inconsistent with the Bail Reform Act. See United States v. Thomas , F. The language in current Rule 9 c 1 , concerning service of a summons on an organization, has been moved to Rule 4.

Subdivision d. Rule 9 d authorizes a court to issue an arrest warrant or summons electronically on the return of an indictment or the filing of an information. In large judicial districts the need to travel to the courthouse to obtain an arrest warrant in person can be burdensome, and advances in technology make the secure transmission of a reliable version of the warrant or summons possible. This change works in conjunction with the amendment to Rule 6 that permits the electronic return of an indictment, which similarly eliminates the need to travel to the courthouse.

Please help us improve our site! No thank you. Arrest Warrant or Summons on an Indictment or Information. Rule 9. Notes As amended Apr. Notes of Advisory Committee on Rules— 1. See Note to Rule 4 , supra. Subdivision c is amended to reflect the office of United States magistrate. Also known as Reconsideration. Nuisance -- An action that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nulla Bona -- No goods; a return to a writ of execution when no goods of the defendant are found to levy.

Nunc Pro Tunc -- Now for then; phrase used when an order is issued on one date but is effective as if issued on an earlier date when it should have been issued. Offense -- A violation of the criminal laws of this State or any political subdivision thereof. Oral Examination -- A request by plaintiff judgment creditor to discover the assets of a defendant judgment debtor after entry of judgment.

Also known as Examination in Aid of Enforcement of Judgment; formally known as Supplementary Proceeding in aid of enforcement of judgment. Order -- A ruling of the court, on a motion, objection, or other matter relating to a preliminary point or some step in the proceedings. Original Jurisdiction -- Jurisdiction of the first court to hear a case.

Pardon -- Relief from a conviction full pardon or from any further punishment imposed by a conviction particular pardon granted by an executive official governor or president. Parole -- A conditional release from imprisonment by a parole board that entitles the defendant to serve the remainder of the sentence outside of the prison as long as all of the conditions of release are met.

Compare Probation. Peace Officer -- A person charged with the duty to enforce and preserve the public peace. See: Huger v. State, Md. Peace Order -- An emergency form of relief or an order available to individuals who are experiencing problems with another person, including someone in a dating relationship, a neighbor, or a stranger.

Person -- Any individual, partnership, joint stock company, unincorporated association or society, municipal or other corporation, the State, its agencies or political subdivisions, or any other governmental entity.

Petition for Expungement -- A written request for expungement of Court and police records. Petty Offense -- An offense the penalty for which does not exceed imprisonment for a period of three months or a fine of five hundred dollars.

Plea Agreement -- Agreement between the prosecutor and the defendant to exchange a plea of guilty or nolo contendere for reduction in the charge s or leniency in sentencing. Pleadings -- The formal allegations by the parties of their respective claims and defenses for the judgment of the court; in criminal matters, this includes a charging document.

Police Record -- All official records that a law enforcement unit, booking facility, or the Central Repository maintains about the arrest and detention of, or further proceeding against, a person for a criminal charge, a suspected violation of a criminal law, or a violation of the Transportation Article for which a term of imprisonment may be imposed.

Not included are investigatory files, police work-product records used solely for police investigation purposes, or records pertaining to nonincarcerable violations of the vehicle laws of the State or of any other traffic law, ordinance, or regulation. Prayer for a Jury Trial -- Request of a defendant in certain cases to be tried by a jury. Preliminary Hearing -- A hearing held in the District Court, unless waived by defendant, to determine whether there is probable cause to believe the defendant committed the offense s ; available when offense s charged are not within the exclusive jurisdiction of the District Court.

Preliminary Inquiry -- Pre-trial hearing to determine that the defendant has received a copy of the charging document and under-stands the offenses with which he is charged and the penalties thereof.

The defendant is also advised of right to counsel, referred to the Public Defender, if eligible, and informed that further appearance in court without counsel is deemed to be a waiver of counsel. Presentence Investigation Report PSI -- A confidential report ordered by the judge and produced by the division of parole and probation prior to sentencing, to provide background information job, finances, family status, community ties, etc. Presumption -- An inference of the truth or falsehood of a proposition or fact that stands until rebutted by evidence to the contrary. Private Process Server -- An adult private person, not a party to a case, used to deliver a summons, subpoena, or other court order.

Probable Cause -- Information given to a judicial officer that is sufficient in itself to warrant the issuance of a charging document. Probation -- A means of conditionally releasing an individual after trial. Probation Before Judgment PBJ -- A conditional avoidance of imposition of sentence after conviction; failure to satisfy the terms and conditions may cause imposition of sentence after a finding of violation of probation. Procedural Law -- The method, established normally by rules, to be followed in a case; the formal steps in a judicial proceeding.

Process -- Any written order issued by a court to secure compliance with its commands or to require action by any person and includes a summons, subpoena, an order of publication, or a commission of other writ. Public Defender -- Counsel provided at public expense, primarily to defend indigent defendants in criminal cases. Public Record -- A record maintained in a government office, such as a court record, available for inspection by the general public. Compare Sealed, Shielded or Confidential Record.

Purge -- To cleanse or clear; eliminate inactive records from court files; with respect to a civil contempt, to curve the noncompliance that caused the contempt finding. Quash -- To set aside or to make void; with respect to process, such as a summons or subpoena, to void on motion of the person served. Rebuttal -- The act of contradicting or overcoming the effect of a presumption or evidence. Recall -- Cancellation by the court of a warrant before its execution by the arrest of the defendant.

Reconsideration -- a change or alteration An order changing the terms of a prior order of the Court. Reconsiderations can be ordered in open and closed cases. Also known as Modification.

Record on Appeal -- The case file and its contents, together with a transcript of all proceedings in the lower court. Release of Lien -- The cancellation of record of a Declaration of Trust or other recorded security instrument given to secure a bail bond that has been discharged.

Remand -- An action by the court that sends a case to another court or agency for further action. Removal -- Change of location venue of a case on the grounds that a party cannot receive a fair and impartial trial in the jurisdiction in which the action is pending. Replevin Trans: to make good, to satisfy -- To recover the possession of goods or property unlawfully taken or detained.

Res Gestae -- Things done; rule under which a remark made spontaneously and concurrently with an incident carries an inherent degree of credibility and is admissible because of its spontaneous nature excited utterance ; an exception to the hearsay rule. Res Judicata -- The matter already has been decided; a rule against relitigation of issues.

Restitution -- The act of making good or giving equivalent of any loss, damage, or injury.

Return -- The act of a sheriff, constable, or other ministerial officer in delivering back to the court a writ, notice, or other paper which he was required to serve or execute with a brief account of his doings under the mandate, the time and mode of service or execution or his failure to accomplish it, as the case may be. Also the endorsement made by the officer upon the writ or other paper stating what he has done under it, the time and mode of service etc.

Reverse Waiver -- Procedure by which charges against a minor defendant are transferred from the circuit court to the juvenile court.