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  • Writer's pictureBrian Foley

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.18

Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law.


The state of Texas has a law regarding the custody of prisoners. The law, Art. 2.18. CUSTODY OF PRISONERS, states that when a prisoner is committed to jail by warrant from a magistrate or court, the sheriff is responsible for placing the prisoner in jail. It is considered a violation of duty if the sheriff allows a defendant who has been committed to jail to remain out of jail. However, there are a few exceptions to this rule.



If a defendant is committed for want of bail or if the sheriff arrests someone in a bailable case, the defendant may be given a reasonable amount of time to procure bail. In these cases, the sheriff must guard the accused in such a way as to prevent escape.


This law was enacted in 1965, and its purpose was to ensure that defendants who were committed to jail would not be allowed to escape and evade justice. The law places the responsibility for the custody of prisoners squarely on the shoulders of the sheriff, who must ensure that defendants are not able to escape while in custody.


In Texas, the law is taken seriously, and any violation of it can result in serious consequences for the sheriff. This law is an important part of the criminal justice system in Texas and ensures that defendants are held accountable for their actions.


In conclusion, Art. 2.18. CUSTODY OF PRISONERS is a law in Texas that places the responsibility for the custody of prisoners on the sheriff. It is a violation of duty for the sheriff to allow a defendant who has been committed to jail to remain out of jail, except in certain circumstances. This law is an important part of the criminal justice system in Texas and ensures that defendants are held accountable for their actions.


Art. 2.18. CUSTODY OF PRISONERS. When a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by the sheriff. It is a violation of duty on the part of any sheriff to permit a defendant so committed to remain out of jail, except that he may, when a defendant is committed for want of bail, or when he arrests in a bailable case, give the person arrested a reasonable time to procure bail; but he shall so guard the accused as to prevent escape. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.


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