What exactly is a “pocket warrant”?

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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 10 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 10 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.


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