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What Constitutes an Arrest Without a Warrant in Texas?

Generally, before police officers can arrest you they must first obtain an arrest warrant. The arrest warrant is issued by a judge and allows police to detain you and seize any personal property suspected of being used to commit a crime. Police must be able to convince the judge that they have probable cause before being granted the warrant. However, there are some exceptions to the rule. In this blog post, we’ve broken down Ch. 14 of the Texas Penal Code which explains what constitutes an arrest without warrant in this state. 

Plain View

An officer may arrest you if you commit a crime in their presence or view. A judge may also order your arrest if they witness you commit a crime in plain sight. This generally applies to crimes committed in public spaces. The arresting officer must not employ investigative methods or pry into your private affairs to discover potentially illicit or incriminating actions. 

Probable Cause

You may be arrested if a law enforcement officer has reason to believe you’re guilty of committing a crime. This is more than just a hunch. The arresting officer must be able to articulate specific facts and rational inferences to deduce that you already committed a crime or will in the near future. This may include them finding you in a suspicious location. If there’s reasonable suspicion that you caused bodily injury to another person or are likely to harm someone they may take you in. This includes instances of family violence. You may also be arrested if you admit to participating in the execution of a crime to an officer of your own free will, which is why you’re encouraged to utilize your Miranda Rights.

Public Intoxication

If an adult is publicly intoxicated and a risk to themselves or others an officer may arrest them. You can be released into the care of another adult, verbally agree to seek treatment, and are supervised until you sober up. 

Warrantless Arrest in Texas

In any of these cases, an officer can lawfully make an arrest. Most times when an arrest is made without a warrant, it’s because there is an immediate threat to an individual or the public. However, as mentioned before an officer is well within their rights to make an arrest if they witness you committing a crime publicly. 

Seek a Defense Attorney

If you’re picked up without a warrant, you’ll want to contact your lawyer as soon as possible. A-EZ Out can help bail you out quickly so you can begin building a defense. This is important to avoid serving an extended period of time in a Texas Correctional Facility. 

North Texas Bail Bonds

When you or a loved one is arrested in Dallas, Tarrant, Denton, or Collin counties A-EZ Out can help! Our expert bondsmen write bail bonds 24/7 to ensure the quickest release possible. We’re also accessible. We won’t make you jump through hoops just to bring your loved one home. A-EZ Out Bail Bonds offers some of the lowest payment plans in Dallas, we accept most forms of payment, never run credit checks, offer payment plans, and won’t hit you with hidden charges. Contact us today to learn more about our walk-thru bonds, immigration bonds, and property bonds.

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