Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law.
Art. 2.195. REPORT OF WARRANT OR CAPIAS INFORMATION
As a criminal defense attorney in Texas, it is important to understand the laws that govern the state's criminal justice system. One such law that may be of interest to you is Art. 2.195, which deals with the reporting of warrants or capias information to the National Crime Information Center.
Under this law, the sheriff is required to report to the National Crime Information Center (NCIC) any warrant or capias issued for a defendant charged with a felony who fails to appear in court when summoned. This reporting requirement must be completed no later than 30 days after the court clerk issues the warrant or capias. It is important to note that failure to report such information can lead to penalties or sanctions.
Additionally, the sheriff may report to the NCIC any warrant or capias issued for a defendant charged with a misdemeanor other than a Class C misdemeanor who fails to appear in court when summoned. However, this reporting is not mandatory, and it is left to the discretion of the sheriff.
It is worth noting that the NCIC is a national database maintained by the Federal Bureau of Investigation (FBI). It contains information on individuals who are wanted by law enforcement agencies for various reasons, including arrest warrants, fugitive warrants, and probation or parole violations. The database is an important tool used by law enforcement agencies to track down and apprehend wanted individuals.
As a criminal defense attorney, it is important to understand how Art. 2.195 can impact your clients. If your client has been issued a warrant or capias, and they fail to appear in court when summoned, there is a good chance that this information will be reported to the NCIC. This can make it more difficult for your client to avoid arrest and can lead to additional charges or penalties.
It is also important to note that if your client has been issued a warrant or capias, it is crucial to take action as soon as possible. Failure to appear in court can lead to additional charges, and the longer your client remains at large, the more difficult it may be to resolve the case.
In conclusion, Art. 2.195 is an important law for criminal defense attorneys to be aware of in Texas. Understanding this law can help you better serve your clients and navigate the state's criminal justice system. If you have any questions or concerns regarding this law or any other criminal defense matter, it is always advisable to consult with an experienced criminal defense attorney.
Art. 2.195. REPORT OF WARRANT OR CAPIAS INFORMATION. Not later than the 30th day after the date the court clerk issues the warrant or capias, the sheriff: (1) shall report to the national crime information center each warrant or capias issued for a defendant charged with a felony who fails to appear in court when summoned; and (2) may report to the national crime information center each warrant or capias issued for a defendant charged with a misdemeanor other than a Class C misdemeanor who fails to appear in court when summoned. Added by Acts 2009, 81st Leg., R.S., Ch. 578 (S.B. 2438), Sec. 1, eff. June 19, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 531 (H.B. 2472), Sec. 1, eff. September 1, 2011.
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