Warrants and FTAs

1
Warrants and FTAs
2
Topics of Discussion
What-a-ya mean Im under arrest?

• FTAs
• Probable Cause
• Service of Process
• Warrant of Arrest
• Capias
• Summons
• Capias Pro Fine
• Warrant Fees

3
Violation of Promise to Appear
Section 543.009, T.C.

• Person willfully violates written promise to
  appear on citation

4
Failure to Appear
Section 38.10, P.C.

• Defendant lawfully released from custody with or
  without bail and intentionally and knowingly
  fails to appear in accordance with the terms of
  the release.

5
Citations
Peace Officers Authority to issue

• Section 543.003, T.C.
• For offenses under Subtitle C, T.C.
• Article 14.06(b), C.C.P.
• For Class C misdemeanors except Public
  Intoxication

6
How VPTA and FTA Charged

• VPTA
• Sworn Complaint
• FTA
• Sworn Complaint

7
When may file VPTA/ FTA

• FTA filed
• Defendant has been in custody
• Defendant fails to appear

• VPTA filed
• Subtitle C, T.C. offenses
• Defendant signed promise to appear
• Defendant failed to appear as promised

8
Violation of Promise to Appear
Does not apply to following traffic offenses

• Registration
• Failure to Maintain Financial Responsibility
• Drivers License
• Commercial Drivers License

9
FTA vs. VPTA

• FTA
• Prosecutor makes decision to file
• Sworn complaint initiates charge
• Culpable mental state
• Intentionally
• Knowingly
• Maximum possible fine
• 500
• Court costs
• 44 (base costs)

• VPTA
• Prosecutor makes decision to file
• Sworn complaint initiates charge
• Culpable mental state
• Willfully
• Maximum possible fine
• 200
• Court costs
• 77 (base costs)

10
Probable Cause
Required by

• U.S. Constitution, Amendment IV
• Texas Constitution, Article I, Section 9
• Article 1.06, C.C.P.

11
Probable Cause

• The amount of evidence necessary to cause a
  person to believe someone has committed a crime.

12
Probable Cause Affidavits

• Affidavit sworn written statement
• Complaints not sufficient to act as
• State v. Martin 833 S.W.2d 129 (Tex .Crim. App.
  1992)

13
Probable Cause

• Who determines
• Judge
• Magistrate
• Sharp v. State (Tex.Crim.App., 1984)
• (clerks cannot determine probable cause)

14
Probable Cause

• Documents requiring
• Arrest Warrant
• Capias
• Summons
• Warrant for Seizure of Animals
• Search Warrants

15
Probable Cause Affidavit

• Search Warrant (Art. 18.01(b), C.C.P.)
• After search warrant executed,
• Clerk required to make copy of affidavit
  available for public inspection

16
Service of Process

• Process - written orders of court
• Authority to service municipal court process
• City police and marshals (Art. 45.202, C.C.P.)
• Under the same rules as sheriffs and constables

17
Service of Process

• Jurisdiction of city officers
• Anywhere in county or counties where city
  situated
• (Art. 45.202 C.C.P.)

18
Warrants of Arrest

• Written orderissued by a judge
• Written order issued by a magistrate

Warrant of Arrest Greetings to any peace officer
You are hereby commanded to arrest
19
Magistrates

• Article 2.09, C.C.P.
• Municipal Judges and Mayors
  are
  Magistrates

20
Judge

• Authority over cases jurisdiction to try (Article
  45.014, C.C.P.)
• Jurisdiction (Article 4.14, C.C.P.)
• Accept Complaints for Fine-only offenses that may
  also include other sanctions other than
  confinement

21
Magistrate

• Authority - County Wide
• Accept Complaints Issue Warrants
• Class A and B misdemeanors
• Felonies
• Issue Search Warrants

22
Warrant of Arrest

• Sworn Complaint based on probable cause, or
• Probable cause affidavit

23
Warrants of Arrest

• Requirements of warrant issued by judge Article
  45.014, C.C.P.
• Requirements of warrant issued by magistrate
  Article 15.02, C.C.P.

24
Warrant Issued by Mayor

• May be executed in county where city situated
• If executed out of county, needs
• Endorsement by judge of court of record, or
• Endorsement of magistrate in county where executed

25
Endorsement

• By court of record judge
• Let this warrant be executed in any county of
  the State of Texas.
• By magistrate
• Let this warrant be executed in the County of
  __________
• Dated and signed

26
Execution of Warrant

• Extends to every part of state
• Any peace office may execute
• May be telegraphed
• Executed by delivering to proper officer for
  execution

27
Officer Executing Warrant

• Take before a magistrate
• Without unnecessary delay
• But no later than 48 hours after the arrest
  (Arts. 15.16 and 15.17, C.C.P.)
• Out-of-County Arrest
• Officer must take defendant before magistrate in
  county of arrest (Arts. 15.16 and 15.17, C.C.P.)

28
Out-Of-County Warrant

• Fine-only offense
• The magistrate has the authority to take a plea,
  set and collect a fine, and grant jail credit
• Paperwork and money must be sent within 11
  business days to court with jurisdiction

29
Clerks Role

• Review form of warrant
• Compare with statutory requirements
• Bring discrepancy to judges attention
• Check information entered on form
• Typing errors
• spelling errors
• Information accurate

30
Clerks Role

• Coordinate with police department
• Original, copy, electronically connected
• Ensure warrant not lost
• Ensure prompt recall when served
• Coordinate documentation of peace officers
  service or process
• Needed to determine warrant fee assessment

31
Clerks Role

• After service of the warrant
• Affidavit and warrant public
• Public may view
• Public may purchase copy

32
Capias
Chapter 23, C.C.P.

• Only judge has authority to issue
• Required to be issued when a bond forfeiture
  declared (Article 23.05, C.C.P.)

33
Capias

• Art. 23.01 says judge or clerk may issue capias
• MUNICIPAL COURT CLERK MAY NOT ISSUE A CAPIAS
• Sharp v. State (Tex.Crim.App., 1984)

34
Capias

• Orders peace officer to bring defendant before
  the court
• Does not lose its force if not executed by time
  fixed in capias (Article 23.07, C.C.P.)

35
Capias

• May be executed by any officer
• Return must state disposition made by officer
• If not executed, return must state
• Document reason for non-service
• Any information on defendants whereabouts must
  be provided

36
Clerks Role

• Coordinate handling with police department
• Notifies judge and prosecutor, if not served
• When served or processed by peace officer
• Coordinate documentation so judge may assess
  warrant fee

37
Summons For Defendant

• Requires defendant to appear
• Issued by Magistrate Article 15.03(b), C.C.P.
• Issued by judge Article 23. 04, C.C.P.
• Request from a prosecutor required

38
Summons For Defendant

• Required to have the following wording in English
  and Spanish
• It is an offense for a person to
  intentionally influence or coerce a witness to
  testify falsely or to elude legal process. It is
  also a felony offense to harm or threaten to harm
  a witness or prospective witness in retaliation
  for or on account of the service of the person as
  a witness or to prevent or delay a persons
  service as a witness to a crime.

39
Service of Summons For Defendant

• Peace officer serves
• MUNICIPAL COURT CLERK DOES NOT HAVE AUTHORITY TO
  SERVE
• A fee must be assessed when served or processed

40
Summons For Defendant
Served by a peace officer

• Delivering copy to defendant
• Leaving it at his or her home with someone of
  suitable age and discretion
• Mailing it to last known address

41
Summons For Defendant

• Articles 15.03(b) and 23.03(b), C.C.P.
• If defendant fails to appear, a warrant of arrest
  or capias shall be issued

42
Summons for Corporation or Association

• Service on Corp. or Assoc.
• Must require
• Corporation or association to appear at or before
  10 am of the Monday next after expiration of 20
  days after service
• Service on Sec. Of State (S.O.S.)
• Must require
• Corporation or association to appear at or before
  10 am of the Monday next after expiration of 30
  days after service

43
Summons for Corporation or Association

• Service on Corp. or Assoc.
• Personally deliver to registered agent
• President or vice president
• Service on Sec. of State (S.O.S.)
• Personally deliver to S.O.S. or Assist. S.O.S. or
  clerk in charge of Corporation Dept. at S.O.S.

44
Summons for Corporation or Association

• Enforcement
• Defendant fails to appear
• issue capias
• Corporation or Association Counsel for fails to
  appear
• Court enters plea of not guilty, proceeds to
  trial, enters judgment, pronounces sentence

45
Capias Pro Fine
Article 45.045, C.C.P.

• Issued when defendant fails to satisfy judgment
• Shall state the amount of the judgment and
  sentence

46
Capias Pro Fine

• A judgment must have been entered and signed by
  judge
• Judge needs documentation that defendant failed
  to satisfy judgment

47
Capias Pro Fine

• Before commitment to jail for default in payment
  of a fine, judge determines
• If defendant intentionally failed to make a good
  faith effort to discharge the judgment
• Defendant is not indigent
• Article 45.046, C.C.P.

48
Arrest Fee

• 5.00
• Collected upon conviction for
• Peace officer issuing a citation
• Peace officer making warrantless arrest
• City keeps if local officer issued citation or
  made warrantless arrest
• If peace officer with statewide authority issues
  citation or makes arrest, 1.00 goes to state

49
Warrant or Capias Fee
Article 102.011(a)(2), C.C.P.

• Amount - 50
• For services of a peace officer
• Conviction required

50
Warrant or Capias Fee
Article 102.011(a)(2), C.C.P.

• Collected for processing or executing by a peace
  officer
• warrant of arrest
• capias
• capias pro fine

51
Warrant Fee

• Article 102.011(a)(2), C.C.P.
• Arresting law enforcement agency other than one
  where warrant issued
• May request 50
• Must make request within 15 days of arrest
• Paid upon conviction

52
Warrant Fee

• Article 102.011(a)(2), C.C.P.
• If a peace officer with statewide authority
  makes the arrest, court remits 10 of the 50 to
  the State Comptroller.

53
Fee for Summons

• Summons for defendant or parents or guardian of
  juvenile
• Fee of 35
• Service of Summons (served by peace officer)
• Defendant must be convicted
• (Art. 102.011(4), C.C.P.)

54
Special Expense Fee
Article 45.203, C.C.P.

• Ordinance required
• Amount - not to exceed 25
• Warrant must be executed

55
Special Expense Fee
Article 45.203, C.C.P.

• Collected on
• Failure to Appear
• Violate Promise to Appear

56
THE END