Facing a warrant in Texas can be overwhelming. Whether you missed a court date, failed to pay a fine, or are under investigation, understanding the type of warrant involved—and how to resolve it—can make the difference between staying free and being arrested. Working with an experienced Warrant & Jail Release Lawyer Plano can help you address an active warrant quickly and avoid unnecessary jail time.
At the Law Offices of Richard C. McConathy, we’ve helped thousands of clients resolve warrant issues across the DFW area, with over 1,000 cases dismissed. We know how to identify what you’re facing and take fast action to protect your rights.
This guide explains the different types of warrants under Texas law and the steps you can take to resolve an outstanding warrant before arrest.
What Is a Warrant in Texas?
A warrant in Texas is a written judicial order authorizing law enforcement to take specific actions, such as arresting someone or searching property. Under the Texas Code of Criminal Procedure and the Fourth Amendment, warrants must be issued by a judge or magistrate based on probable cause.
The Texas Constitution Article I, Section 9 reinforces these protections, stating that “no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.”
Key facts about warrants:
- Give law enforcement legal authority to arrest or search
- Remain active indefinitely until executed or recalled
- Do not expire and won’t disappear if ignored
The Main Types of Warrants in Texas
Texas recognizes several distinct types of warrants, each serving a specific purpose in the criminal justice system. Understanding these differences is essential for knowing how to respond appropriately.
1. Arrest Warrants
An arrest warrant is issued when law enforcement presents sufficient evidence to a judge showing probable cause that you’ve committed a crime. This is governed by Chapter 15 of the Texas Code of Criminal Procedure.
Requirements for arrest warrants:
- Must specify your name or provide a definite description
- Must state the specific offense you’re accused of committing
- Requires a sworn affidavit establishing probable cause
- Allows police to arrest you anywhere in Texas
Common situations for arrest warrants:
- After police investigations reveal evidence of criminal activity
- When you’re identified as a suspect in an ongoing case
- Following witness statements or victim complaints
Understanding the process: When arrest warrants are issued, they’re often based on police investigations that may be incomplete or contain errors. An experienced attorney can challenge the evidence and procedural issues that led to the warrant.
💡 Important: Just because an arrest warrant has been issued doesn’t mean you’re guilty. Many warrants are based on incomplete investigations or misidentified suspects.
2. Bench Warrants
A bench warrant is issued directly by a judge when you fail to comply with a court order. The term “bench” refers to the judge’s bench in the courtroom.
Common reasons for bench warrants:
- Failure to appear (FTA) for a scheduled court hearing
- Violating terms of probation or parole
- Failing to complete court-ordered community service
- Not paying court-ordered fines or fees
- Violating bond conditions
Key differences from arrest warrants:
- No probable cause of a new crime is required
- Based on violation of existing court orders
- Can be issued immediately upon non-compliance
- Often carry “no bond” conditions initially
Resolving bench warrants: Unlike arrest warrants, bench warrants can sometimes be resolved without arrest if you voluntarily appear before the court promptly. Texas law includes a “safe harbor” provision allowing courts to recall warrants when defendants appear voluntarily to resolve the matter.
3. Search Warrants
Search warrants authorize law enforcement to search specific locations for evidence of criminal activity. These are governed by Article 18 of the Texas Code of Criminal Procedure.
Requirements for valid search warrants:
- Specificity: Must clearly describe the place to be searched
- Probable cause: Must show evidence of criminal activity likely exists at the location
- Limitations: Officers can only search areas and seize items specified in the warrant
Types of property that can be seized:
- Weapons used in crimes
- Illegal drugs and drug paraphernalia
- Stolen property
- Documents or electronic devices containing evidence
Your rights during a search: Even with a search warrant, you have the right to see the warrant, verify it’s properly signed, and ensure officers don’t exceed its scope. You should remain calm and avoid interfering, but you don’t have to answer questions without an attorney present.
4. Capias Warrants and Their Variants
Capias warrants are post-conviction enforcement tools used when you’ve already been found guilty but failed to comply with the court’s sentencing requirements. The term “capias” comes from Latin meaning “to take.”
Types of Capias Warrants:
Capias After Indictment: Issued when you’re formally charged but fail to appear for trial proceedings.
Capias Pro Fine: Issued specifically for failure to pay court-ordered fines or fees. Under Texas Code of Criminal Procedure Article 45.045, courts must hold a hearing on your ability to pay before issuing this type of warrant.
Alias Capias: Issued when a previous capias warrant wasn’t successfully executed, essentially creating a “second attempt” warrant.
Important protections: Before issuing a capias pro fine warrant, the court must hold a hearing to determine whether paying the fine would create an “undue hardship” on the defendant. This requirement is codified in Article 45.045(a-2) of the Texas Code of Criminal Procedure. If you can demonstrate financial hardship, the court may offer alternatives like:
- Payment plans
- Community service
- Time served in jail (at a rate often around $100-150 per day)
5. Specialized Warrants Worth Knowing
Blue Warrants: Issued by the Texas Board of Pardons and Paroles for parole violations. These are among the most serious because they can result in return to prison without the possibility of bond.
Fugitive Warrants: Used when you’ve been charged in one jurisdiction but are believed to be in another state. These involve coordination between multiple law enforcement agencies and can lead to extradition proceedings.
Warrant Types Comparison Table
| Warrant Type | Issued By | Primary Purpose | Bond Available? | Can Be Resolved Without Arrest? |
|---|---|---|---|---|
| Arrest Warrant | Judge/Magistrate | Arrest for new criminal charges | Usually Yes | Sometimes, with attorney |
| Bench Warrant | Judge | Enforce court compliance | Varies | Often, if voluntary appearance |
| Search Warrant | Judge/Magistrate | Search for criminal evidence | N/A | N/A |
| Capias Pro Fine | Judge | Collect unpaid fines | No | Yes, by paying amount due |
| Blue Warrant | Parole Board | Parole violation enforcement | Usually No | Rarely |
How Warrants Are Served and What to Expect
Understanding how law enforcement executes warrants can help you prepare and protect your rights during this process.
Where Warrants Can Be Served
Texas law allows warrant execution:
- At your home or residence
- At your workplace
- During routine traffic stops
- At any public location where you’re found
- Through voluntary surrender arrangements
Your Rights During Warrant Service
When officers arrest you on a warrant, they must:
- Inform you of the authority under which they’re acting
- Tell you the offense for which the warrant was issued
- Allow you to see the warrant upon request (though they don’t need the physical document during arrest)
Officers can enter your home to execute an arrest warrant only under specific circumstances, such as when they have reason to believe you’re inside and might flee or destroy evidence.
The Arrest Process
Once arrested on a warrant, the typical process includes:
- Transport to jail for booking and processing
- Appearance before a magistrate within 48 hours (or 24 hours for some warrant types)
- Bond determination (if bond is available for your warrant type)
- Initial court setting for your case
From our experience: Clients who work with an attorney before turning themselves in often receive more favorable bond conditions and avoid the stress and uncertainty of unexpected arrest.
How to Check If You Have a Warrant in Texas
Wondering whether there’s an outstanding warrant for your arrest? Here are reliable ways to find out without putting yourself at risk.
Official Search Methods
1. Dallas County Sheriff’s Office
- Online search: Visit Dallas County Wanted Search
- Phone: Call the warrant information line at 214-761-9026
- In person: Visit 1512 E Langdon Rd, Dallas, TX 75241
2. Texas Department of Public Safety (DPS)
- Request your criminal history record at www.dps.texas.gov
- Includes statewide warrant information
- Takes several weeks to process
3. Local Municipal Courts For city-level warrants (traffic tickets, municipal violations):
- Contact the specific municipal court that issued your citation
- Many cities offer online payment and warrant search portals
Professional Assistance
Attorney warrant searches: Most experienced criminal defense attorneys will check for outstanding warrants as part of their initial consultation. This ensures you get accurate, current information while also getting legal advice about your options.
⚠️ What to avoid: Be cautious of third-party warrant search websites that charge fees. These often contain outdated or inaccurate information and may not be comprehensive.
Search Safely and Confidentially
If you’re concerned about detection:
- Search from a public computer (library, internet café)
- Have a trusted friend or family member call on your behalf
- Use a disposable phone for inquiries
- Consult with an attorney who can search on your behalf
Good news: Simply checking for a warrant typically doesn’t trigger immediate arrest. However, if you discover an active warrant, don’t delay in taking action to resolve it.
What to Do If You Have a Warrant
Discovering you have an outstanding warrant can be terrifying, but taking the right steps immediately can protect your rights and potentially minimize the consequences.
Step 1: Don’t Panic – But Do Act Quickly
Time is critical because:
- Warrants can be executed at any time without warning
- Additional charges (like failure to appear) may be added
- Your situation could become more complicated if you’re arrested during a traffic stop or at work
Step 2: Contact an Experienced Criminal Defense Attorney Immediately
This is not the time to represent yourself. An experienced warrant attorney can:
- Negotiate voluntary surrender arrangements with law enforcement
- Arrange favorable bond conditions before you turn yourself in
- Challenge the validity of the warrant if it was improperly issued
- Work to recall bench warrants by showing good cause for your absence
From our track record: We’ve successfully resolved hundreds of warrant cases. In many instances, we’ve secured complete dismissals of charges that began with warrant arrests. Our experience shows that having skilled representation from the beginning can make a significant difference in case outcomes.
Step 3: Consider Voluntary Surrender
Benefits of voluntary surrender:
- Shows the court you’re taking responsibility
- Allows you to arrange childcare, work coverage, and other personal matters
- Often results in more lenient treatment from prosecutors
- Enables your attorney to have bond paperwork ready in advance
How voluntary surrender works:
- Your attorney contacts the issuing court or law enforcement agency
- Arrangements are made for you to turn yourself in at a specific time
- Bond paperwork is prepared in advance when possible
- You appear with your attorney for processing
Step 4: Prepare for Potential Custody
Even with the best preparation, warrant arrests often involve at least some time in custody. Be prepared by:
- Arranging care for dependents
- Notifying your employer (if necessary)
- Gathering funds for potential bond
- Having your attorney’s contact information readily available
Step 5: Address the Underlying Issues
Simply resolving the warrant isn’t enough. You must also address the original case or violation that led to the warrant. This might involve:
- Rescheduling missed court appearances
- Negotiating payment plans for outstanding fines
- Addressing probation violations
- Preparing defense strategies for underlying criminal charges
Why You Need an Experienced Warrant Attorney
The warrant process involves complex legal procedures and serious consequences that can impact your life for years to come. Here’s why professional legal representation is essential:
We Know the System
With over 35 years of combined experience in Dallas-area courts, we understand:
- Which prosecutors are reasonable and which are inflexible
- How different judges handle warrant cases
- The most effective strategies for each type of warrant
- How to navigate the jail release process efficiently
We Protect Your Rights Throughout the Process
Our comprehensive approach includes:
- Immediate warrant verification and assessment
- Pre-arrest negotiation with law enforcement when possible
- Bond reduction motions to minimize time in custody
- Challenge invalid warrants through suppression motions when appropriate
- Strategic case resolution to minimize long-term consequences
Texas Warrant Laws: Know Your Rights
Understanding your legal rights under Texas law can make a significant difference in how your warrant case is resolved.
Constitutional Protections
Fourth Amendment rights remain in effect even with an outstanding warrant:
- Protection against unreasonable searches beyond the warrant’s scope
- Right to see the warrant and verify its validity
- Protection against excessive force during arrest
Fifth Amendment rights:
- Right to remain silent during questioning
- Right to avoid self-incrimination
- Right to attorney representation
Texas-Specific Protections
Article I, Section 10 of the Texas Constitution provides additional protections beyond federal law, including enhanced protections against unreasonable searches and seizures.
Safe Harbor Provisions: Texas Code of Criminal Procedure includes provisions allowing certain warrants to be recalled when defendants voluntarily appear to resolve the matter.
Take Action Today – Protect Your Freedom and Future
If you suspect you have an outstanding warrant or have been contacted by law enforcement, don’t wait to get help. Every day you delay increases the risk of unexpected arrest and additional complications.
The Law Offices of Richard C. McConathy has successfully defended clients against warrant-related charges across North Texas for over two decades. We understand the fear and uncertainty you’re facing, and we’re here to guide you through this challenging time.
Why choose our firm:
- Over 1,000 cases dismissed in the DFW area
- 24/7 availability for warrant emergencies
- Serving 16+ counties throughout North Texas
- Free confidential consultations to discuss your options
Don’t let an outstanding warrant control your life. Contact us today at (972) 528-0116 to speak with an experienced warrant attorney who will fight to protect your rights and freedom.
Remember: The sooner you address a warrant, the more options you have for a favorable resolution. Call now – your future depends on the actions you take today.
Frequently Asked Questions About Texas Warrants
Do warrants expire in Texas?
No, warrants remain active indefinitely until executed or recalled by the court. Time does not make a warrant go away.
Can I be arrested at work for an outstanding warrant?
Yes, warrants can be executed anywhere you’re found, including your workplace, during traffic stops, or at home.
What’s the difference between a warrant and a citation?
A citation requires you to appear in court on a specific date. A warrant authorizes your immediate arrest and detention.
Can I pay off a warrant online?
For some municipal warrants involving fines, online payment may be available. However, this typically results in a conviction on your record. Criminal warrants generally cannot be resolved online.
Will a warrant show up on a background check?
Yes, most background checks will reveal outstanding warrants, which can affect employment, housing, and other opportunities.
Can I travel with an outstanding warrant?
While possible, it’s extremely risky. Airport security checks may detect warrants, and you could be arrested far from home without your support system.