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State Law
Federal Law
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Texas Code of Criminal Procedure - Chapter 23 The CapiasLegal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Chapter 23 The Capias A "capias" is a writ issued by the court or clerk, and directed "To any peace officer of the State of Texas", commanding him to ... A capias shall be held sufficient if it have the following requisites: 1. That it run in the name of "The State of Texas"; 2. ... (a) A capias shall be issued by the district clerk upon each indictment for felony presented, after bail has been set or denied by the ... A district clerk, county clerk, or court may issue in electronic form a capias for the failure of a person to appear before a court, ... In misdemeanor cases the capias or summons shall issue from a court having jurisdiction of the case. The summons shall be issued only upon request ... (a) If a forfeiture of bail is declared or a surety surrenders a defendant under Article 17.19, a capias shall be immediately issued for the ... When a defendant who has been arrested for a felony under a capias has previously given bail to answer said charge, his sureties, if any, ... A capias shall not lose its force if not executed and returned at the time fixed in the writ, but may be executed at any ... When the capias is not returned at the time fixed in the writ, the officer holding it shall notify the court from whence it was ... Capiases for a defendant may be issued to as many counties as the district or county attorney may direct. Acts 1965, 59th Leg., p. 317, ... In cases of arrest for felony in the county where the prosecution is pending, during a term of court, the officer making the arrest may ... In cases of arrest for felony less than capital, made during vacation or made in another county than the one in which the prosecution is ... In felony cases which are bailable, the court shall, before adjourning, fix and enter upon the minutes the amount of the bail to be required ... A capias may be executed by any peace officer. In felony cases, the defendant must be delivered immediately to the sheriff of the county where ... Any officer making an arrest under a capias in a misdemeanor may in term time or vacation take a bail bond of the defendant. Acts ... Where an arrest is made under a capias in a capital case, the sheriff shall confine the defendant in jail, and the capias shall, for ... In each capital case where a defendant is arrested under a capias in a county other than that in which the case is pending, the ... When an arrest has been made and a bail taken, such bond, together with the capias, shall be returned forthwith to the proper court. Acts ... The return of the capias shall be made to the court from which it is issued. If it has been executed, the return shall state ... Last modified: August 10, 2007 |