Criminal Defense Attorney Explains The Arrest Process


A traumatic experience


Being arrested and processed is a challenging affair for anyone. A detained individual is likely to have an experience unlike any before. 


They will be handcuffed, placed in a small jail cell, recorded their fingerprints, and have their mugshot taken. The circumstances are cold, frightening, and for many, overwhelming. 


This blog post will discuss the provisions of an arrest under a warrant in Texas.


In a future post on the Criminal Defense Blog, we will discuss Chapter 14, Arrest Without Warrant. Until then, you can review the text here.  


We hope this article will offer insight into what to expect if you or a loved one ever gets arrested. 


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A criminal defense attorney is on your side. 


Hiring a competent defense attorney is critical in the face of criminal charges, as most convictions result in jail time, fines, or both. An experienced criminal defense lawyer will work with you to build a strong case and fight the charges. 


Your chances of a successful outcome are 99% better if you retain a defense attorney as soon as possible.


When people think of “being arrested,” they think of a criminal suddenly being apprehended by law enforcement or a knock at the door followed by a thunderous “warrant!” shouted from outside. 


You might not know this, but arrests can occur with or without a warrant. For example, immediate detainment may warrant a sudden arrest to preserve evidence that may deteriorate. 


On the other hand, a police officer may arrest a suspect with probable cause that a person has committed a crime. Or the officer believes someone might try to flee before obtaining an arrest warrant. 


The Constitution: 4th Amendment

the constitution of the united states


The process of running a warrant


An officer or individual executing a warrant can bring an arrested person to a judge in their county, no matter where the warrant is issued.


After an arrest, the arresting individual has 48 hours of the arrest to take the arrestee before a judge unless doing so would cause unnecessary delay


What are the conditions to make an arrest?

  • When they witness a crime;
  • When an officer has probable cause, an individual arrested perpetrated a criminal offense;
  • An officer has an arrest warrant administered by a judge or summons by a magistrate. (difference between judge and magistrate)


Miranda Rights


Before booking, officers may interrogate an individual about their alleged criminal activity. However, before authorities ask questions, they should inform a person of their “Miranda rights.”


The Miranda rights state an individual has the right to remain silent while questioning; the answers they provide are evidence in their investigation. In addition, they have a right to be represented by an attorney when interrogated. Law enforcement offers legal counsel if they cannot afford to hire an attorney.


handcuffed hand through white background


Arrest Procedure


Protocol varies mildly for police departments but typically follows the same arrest and booking guidelines.


For example, in Prosper, Texas, arrested individuals are taken to a short-term installation, the Prosper City Jail. Eventually, officers will bring the arrested individual to the county correctional facility Collin County Jail. 

To request information from the Prosper Police Department, check here.




While at the Prosper City Jail, law enforcement personnel search them and confiscate personal belongings, exchanging them for a voucher or receipt. In addition, they will be fingerprinted, photographed, and have their personal information (e.g., name, address, date of birth) recorded. 


After an individual is arrested and booked, a prosecutor will decide to charge them with a formal crime. If charged, they have the right to a court hearing before a judge known as a magistrate.




At the hearing, a magistrate will inform the person of the charges against them, and the person will enter a plea, usually not guilty. 


The justice will set a bail amount, and the bond must be paid before the person can be released.




Once seen by a judge and having their bond set, an arrestee is eligible to post bail. They may be released on bail pending trial, although bail is not guaranteed. 


The judge may also set other requirements they must follow, such as remaining within a specific geographical area. The person may also be required to attend any future court hearings scheduled during their case.


Assume a person cannot pay bail. In this case, the accused may submit a personal plea promising to appear in court. If the prosecution agrees to the personal plea, the individual is released.


Alternatively, if the accused cannot pay the total amount for bail, a Bail bond agent can post bail in return for a percentage of the full bond.


If they do not attend court, bail will be forfeited, and a warrant for arrest is issued. The bail is returned to the charged person if they appear in court as required. 


Protect yourself. Know the law.


When arrested, it is vital to know the laws in this area.


In many cases, a law enforcement officer will arrest without a warrant. An arrest without a warrant means they have probable cause to believe that an individual has committed a crime.


When this occurs, it is called an arrest under warrant. The laws about arrest under warrant vary slightly across states, but all states have these basic requirements. In Texas, requirements are laid out in the Code Of Criminal Procedure. This article discusses specifically Chapter 15, Arrest Under Warrant


First, an officer must have probable cause to believe someone committed an offense. Second, the officer must have a warrant issued by a judge or magistrate. And third, the officer must provide the individual with notice and an opportunity to dispute the warrant before making an arrest.


If, for any reason, the individual protests, the officer must produce the warrant. A few states also require arrest under warrant to be recorded.


However, some states do not require the officer to produce a warrant. For example, in California, there is no specific requirement that an officer has a warrant to make an arrest. Regardless of your state, knowing about the laws related to arrest under warrant benefits a criminal.






A Top-Rated Criminal Defense Attorney


Texas, criminal justice system has several goals:

  1. Discover the truth.
  2. Provide for public safety.
  3. Assist victims of crime.
  4. Punish the guilty.
  5. Promote positive change in offender behavior.


While the objectives are seemingly straightforward, the criminal justice process may not be for the accused, the victims, their respective families, and others involved. 


The state qualifies criminal defense attorneys to represent citizens charged with a criminal offense in court. 


Criminal defense attorneys ensure that the proceedings follow all prescribed procedural safeguards for those they represent, including fundamental rights like due process and freedom from unlawful invasion of privacy.


Hopefully, you will not find yourself in a situation that ends with your arrest. However, bad things happen to good people. The Edgett Law Firm is a top-rated criminal defense firm with over 22 years of defending the innocent and fighting for the accused.


Founding Attorney Scott Edgett has handled thousands of cases in Collin, Denton, and Dallas County. 


In addition, you are welcome to a free consultation at our Plano or Prosper law office. We are ready to represent you if you or a loved one have been arrested or falsely accused of a crime.


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