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  • Writer's pictureBrian Foley

Houston Criminal Defense Lawyer - Texas Code of Criminal Procedure Art. 2.31

Houston Criminal Defense Lawyer Explains the Powers of County Jailers under Texas Code of Criminal Procedure Article 2.31


Houston Criminal Defense Lawyer

When it comes to criminal law, understanding the intricacies of legal procedures is essential. One such aspect of Texas criminal law is the authority granted to county jailers under Article 2.31 of the Texas Code of Criminal Procedure. This article empowers certain jailers with the ability to execute lawful process on individuals confined in their jails, much like peace officers. In this blog post, we will delve into the details of Article 2.31 and explore its implications for criminal defense in Houston.


Understanding Article 2.31

Article 2.31 of the Texas Code of Criminal Procedure addresses the authority of county jailers licensed under Chapter 1701 of the Occupations Code. To exercise this authority, jailers must successfully complete a training program provided by the sheriff. Once these conditions are met, the jailer gains the ability to execute lawful process issued by magistrates or courts on individuals confined in the jail where they are employed.


Comparable Powers to Peace Officers

What sets Article 2.31 apart is that it grants county jailers powers akin to those of peace officers, specifically outlined in Article 2.13(b)(2) of the Texas Code of Criminal Procedure. These powers include:

  1. Executing Warrants: County jailers can execute warrants issued under Chapter 15, 17, or 18 of the Texas Code of Criminal Procedure. This means they can arrest individuals based on these warrants if they are confined in the jail.

  2. Serving Capias: They are authorized to serve capias, which are writs used to arrest individuals, issued under Chapter 17 or 23.

  3. Handling Subpoenas: County jailers can also serve subpoenas issued under Chapter 20A or 24 of the Texas Code of Criminal Procedure.

  4. Dealing with Attachments: Finally, they have the power to execute attachments issued under Chapter 20A or 24, which typically involve seizing property or assets.

Implications for Criminal Defense in Houston

For individuals confined in Houston jails, this article has significant implications. It means that county jailers, if properly licensed and trained, can execute legal processes that may impact an individual's legal standing. This underscores the importance of having a strong legal defense if you or a loved one are facing criminal charges in Houston.

A skilled criminal defense attorney with expertise in Texas law, like a Houston Criminal Defense Lawyer, can help navigate the complexities of legal processes and ensure that the rights of the accused are protected. They can challenge the validity of warrants, capias, subpoenas, or attachments and provide a robust defense strategy.


Conclusion

Article 2.31 of the Texas Code of Criminal Procedure is a crucial aspect of the state's legal framework that grants certain powers to county jailers. If you or someone you know is facing criminal charges and requires expert legal guidance in Houston, don't hesitate to contact a qualified Houston Criminal Defense Lawyer. They have the knowledge and experience to protect your rights and provide the best possible defense against criminal allegations.


Art. 2.31. COUNTY JAILERS. If a jailer licensed under Chapter 1701, Occupations Code, has successfully completed a training program provided by the sheriff, the jailer may execute lawful process issued to the jailer by any magistrate or court on a person confined in the jail at which the jailer is employed to the same extent that a peace officer is authorized to execute process under Article 2.13(b)(2), including: (1) a warrant under Chapter 15, 17, or 18; (2) a capias under Chapter 17 or 23; (3) a subpoena under Chapter 20A or 24; or (4) an attachment under Chapter 20A or 24. Added by Acts 2011, 82nd Leg., R.S., Ch. 176 (S.B. 604), Sec. 1, eff. September 1, 2011. Amended by: Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.07, eff. January 1, 2021. Text of article as added by Acts 2011, 82nd Leg., R.S., Ch. 1341 (S.B. 1233), Sec. 2 For text of article as added by Acts 2011, 82nd Leg., R.S., Ch. 176 (S.B. 604), Sec. 1, see other Art. 2.31.


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