Experienced Attorney Advises Clients on Warrants in Texas

San Antonio firm handles matters involving arrest, search and bench warrants

A warrant is a document that empowers authorities to take enforcement actions, such as making an arrest, searching someone’s premises or seizing property. If you are served with a warrant, you must conduct yourself according to the law or face escalating consequences. For more than 30 years, Kevin L. Collins, P.C. in San Antonio has helped clients respond to various warrants in a manner that upholds their rights and avoids costly missteps.

Different types of warrants issued in Texas

Specific types of warrants issued by courts include the following:

• Arrest warrants — This warrant allows law enforcement to arrest an individual suspected of a crime. An arrest warrant must be supported by evidence of probable cause that the subject engaged in illegal activity. In some cases, a grand jury will issue an indictment, which the prosecutor presents to a judge, who in turn issues an arrest warrant. Alternatively, evidence of probable cause is contained in one or more sworn affidavits from reliable sources attesting that the person targeted in the warrant most likely committed the crime. The arrest warrant must be particular in identifying the person to be detained by name and description and must include specific details of the crime in question. 
• Search warrants — Unless exigent circumstances exist, a court order is required to search a residence, business, vehicle or personal belongings in pursuit of evidence related to a suspected crime. The warrant must clearly state the place to be searched and/or items to be seized. Search warrants must also be supported by probable cause. Legal grounds for search warrants are often generated from sworn statements from investigators that the search is likely to yield evidence of a crime.
• Bench warrants — With other types of warrants, a judge is certifying that the authorities’ request for enforcement power is lawful. With a bench warrant, the judge takes the initiative. A bench warrant is the court’s order to use police power against someone who has violated the rules of the court. For example, if a defendant fails to appear for trial, the presiding judge can issue a warrant demanding that they be detained. 
• Blue warrants — When a parolee violates conditions of release, such as maintaining employment, performing community service or meeting with a parole officer, a judge may issue what is referred to as a blue warrant for the parolee’s arrest. 

Individuals who are the subject of a warrant have legal rights. To protect yourself, you should contact a criminal defense attorney as soon as you learn about the warrant.

Responding to bench warrants in Texas

A bench warrant can result in revocation of bail and the loss of your bond. To avoid escalating consequences, you should consult your attorney regarding the best way to minimize the potential harm. Depending on the circumstances, Mr. Collins might be able to secure a resolution that averts severe penalties. 

Due process rights for individuals named in warrants

A warrant does not give law enforcement the authority to violate your constitutional rights. In all cases you retain your rights:

• To remain silent
• To have an attorney present
• Not to be subjected to an unreasonable search or seizure
• To have reasonable bail set
• To be charged or released within a proper timeframe

Under certain circumstances, a lawyer can contest an erroneous warrant. For example, a warrant that is vague and/or overly broad is unlawful, so any evidence the authorities uncover as a result of that warrant might be excluded from trial. Additionally, if police exceed the bounds of a legal warrant, evidence they find is not admissible in court. 

Contact a Board-certified Texas criminal law attorney regarding a warrant issue

Kevin L. Collins, P.C. in San Antonio represents clients in warrant matters. To schedule a consultation regarding your particular situation, please call 210-598-8629 or contact the office online.