Understanding Warrants
The 2 most common types of warrants issued by the Municipal Court judge are the:
- Warrant List
- Capias Pro Fine
Arrest Warrant
An Arrest Warrant is a Writ (written order) issued by the judge after a sworn complaint or affidavit of probable cause is filed before the court. In the Arrest Warrant, the judge commands a Peace Officer to arrest the accused (defendant). The Peace Officer who executes the Arrest Warrant is authorized to retain him/her in custody and may place the defendant in jail.
Bail
The defendant may give bail to secure his/her appearance in court and be released from jail.
Cause For an Arrest Warrant
This type of warrant is issued after the 11th calendar day when an appearance has not been made or after a missed court date. Along with the warrant, an additional charge of “Failure to Appear” will be added to your original charges.
Capias Pro Fine
The Capias Pro Fine is a Writ (written order) issued by the judge who presides over the Court after the defendant has entered a plea and has defaulted on payment of fines and costs to satisfy the judgment. In the Capias Pro Fine, the judge commands a Peace Officer to arrest the defendant named in the order. Once arrested on a Capias Pro Fine, the defendant cannot post bail and could be confined in jail until all fines and costs are satisfied either by payment or by time served.
Fee
When a defendant’s case goes into warrant status, by Arrest Warrant or by Capias Pro Fine, there is an additional $50 fee added to the balance of fines and costs.
Collections
Warrants are turned over to Vigilant, our collection agency, through a secure FTP Site. Once Vigilant has the list of current warrants, the Texas DMV process a scofflaw hold on vehicles registered to the defendant who has the active warrant. Once the warrants are cleared by disposition the scofflaw hold is removed through our collection agency's FTP Site. The clearances are picked up by the DMV once per week on Wednesdays.
Failure to Appear Program
All warrants are turned over to the Texas Department of Public Safety's (DPS) Failure To Appear program. Once the warrants are submitted to DPS, a defendant will not be eligible to renew his/her State Driver's License until the case is fully disposed of. An additional $10 court cost will be added to the defendant's case.