What exactly is a “pocket warrant”?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What exactly is a “pocket warrant”?
I received an email from a detective saying he had a warrant “in hand” or a pocket warrant for my arrest.I did some research on pocket warrants but I’m confused. How can an arrest warrant be issued if charges have not been filed? How can you bail out if there are no charges filed? Is this more of a forced way to question me? Does the detective have a set amount of time to follow through with this warrant? Does he have the right to enter my residence (such as with a search warrant) to carry this out?
Asked on October 17, 2010 under Criminal Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A "pocket warrant" is sanctioned by Texas code CCP art. 15.03(a)(2), where an arrest warrant can issue "when any person shall make oath before the magistrate that another has committed some offense against the laws of the State." It does not require that the person also request that the magistrate file a formal criminal charge. Thus, the arrest can take place before the suspects are aware that they are wanted for the crime, and the complaint can be filed after they are taken into custody. I would contact a criminal defense attorney as soon as you can and have them contact the detective as soon as possible. The attorney can help buffer the situation. Good luck.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A "pocket warrant" is sanctioned by Texas code CCP art. 15.03(a)(2), where an arrest warrant can issue "when any person shall make oath before the magistrate that another has committed some offense against the laws of the State." It does not require that the person also request that the magistrate file a formal criminal charge. Thus, the arrest can take place before the suspects are aware that they are wanted for the crime, and the complaint can be filed after they are taken into custody. I would contact a criminal defense attorney as soon as you can and have them contact the detective as soon as possible. The attorney can help buffer the situation. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.