Texas Code Of Criminal Procedure Title 1, Chapter 23 - The Capias
- Texas Article 23.01 - Definition Of A "Capias"
In this chapter, a "capias" is a writ that is: (1) issued by a judge of the court having jurisdiction of a case after commitment...
- Texas Article 23.02 - Its Requisites
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....
- Texas Article 23.03 - Capias Or Summons In Felony
(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...
- Texas Article 23.031 - Issuance Of Capias In Electronic Form
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...
- Texas Article 23.04 - In Misdemeanor Case
In misdemeanor cases, the capias or summons shall issue from a court having jurisdiction of the case on the filing of an information or complaint....
- Texas Article 23.05 - Capias After Surrender Or Forfeiture
(a) If a forfeiture of bail is declared by a court or a surety surrenders a defendant under Article 17.19, a capias shall be immediately...
- Texas Article 23.06 - New Bail In Felony Case
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,...
- Texas Article 23.07 - Capias Does Not Lose Its Force
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...
- Texas Article 23.08 - Reasons For Retaining Capias
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...
- Texas Article 23.09 - Capias To Several Counties
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,...
- Texas Article 23.10 - Bail In Felony
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...
- Texas Article 23.11 - Sheriff May Take Bail In Felony
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...
- Texas Article 23.12 - Court Shall Fix Bail In Felony
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...
- Texas Article 23.13 - Who May Arrest Under Capias
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...
- Texas Article 23.14 - Bail In Misdemeanor
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...
- Texas Article 23.15 - Arrest In Capital Cases
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...
- Texas Article 23.16 - Arrest In Capital Case In Another County
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...
- Texas Article 23.17 - Return Of Bail And Capias
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...
- Texas Article 23.18 - Return Of Capias
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: September 28, 2016