How Long Does a Misdemeanor Warrant Stay Active in Texas?
In Texas, a misdemeanor warrant is an active arrest warrant issued by a court for a defendant who has failed to appear in court or comply with the terms of their probation. The length of time a misdemeanor warrant stays active in Texas depends on several factors, including the specific circumstances of the case and the type of warrant.
Automatic Expiration of Misdemeanor Warrants
In Texas, misdemeanor warrants automatically expire five years after the date they were issued, unless the defendant is arrested and booked into jail or the warrant is quashed by a court. This is a statutory requirement under Texas Code of Criminal Procedure 17.02. However, this automatic expiration does not apply to felony warrants or warrants issued in federal court.
Revival of Expired Misdemeanor Warrants
An expired misdemeanor warrant can be revived if the defendant is arrested and booked into jail, and the warrant is re-issued by the court. This is known as "reviving" the warrant. Revival can occur even if the original warrant has expired, as long as the defendant has not complied with the terms of their original bond or probation.
Factors That Can Affect the Expiration of a Misdemeanor Warrant
Several factors can affect the expiration of a misdemeanor warrant in Texas, including:
• Non-compliance with probation: If the defendant fails to comply with the terms of their probation, the warrant will remain active until the defendant is in compliance or the probation is revoked.
• Failure to appear in court: If the defendant fails to appear in court, the warrant will remain active until the defendant is in custody or the warrant is quashed by a court.
• New charges: If the defendant is charged with new crimes while the original warrant is still active, the warrant will remain active until the new charges are resolved.
• Bonds: If the defendant fails to pay their bond, the warrant will remain active until the bond is paid or the defendant is released from jail.
Types of Misdemeanor Warrants
There are several types of misdemeanor warrants in Texas, including:
• Capias Warrant: A capias warrant is issued when the defendant fails to appear in court.
• Bond Warrant: A bond warrant is issued when the defendant fails to pay their bond.
• Probation Warrant: A probation warrant is issued when the defendant fails to comply with the terms of their probation.
• Failure to Appear Warrant: A failure to appear warrant is issued when the defendant fails to appear in court for a scheduled court appearance.
Consequences of Having an Active Misdemeanor Warrant
Having an active misdemeanor warrant in Texas can have serious consequences, including:
• Arrest and imprisonment: If the defendant is arrested and booked into jail, they may be held until the warrant is resolved or the defendant is released.
• Fine and fee: The defendant may be required to pay a fine and fee associated with the warrant.
• Community supervision: The defendant may be placed on community supervision, which requires them to report to a probation officer and comply with certain conditions.
• Loss of privileges: The defendant may lose certain privileges, such as the right to vote or hold public office.
What to Do if You Have an Active Misdemeanor Warrant in Texas
If you have an active misdemeanor warrant in Texas, it is important to take immediate action to resolve the warrant. Here are some steps you can take:
• Contact a lawyer: It is recommended that you contact a lawyer to help you resolve the warrant.
• Pay the bond: If the warrant is for a bond, you may be able to pay the bond to have the warrant resolved.
• Comply with probation: If the warrant is for non-compliance with probation, you may need to comply with the terms of your probation to have the warrant resolved.
• Attend a court appearance: If the warrant is for failure to appear in court, you may need to attend a court appearance to resolve the warrant.
Conclusion
In conclusion, a misdemeanor warrant in Texas can stay active for several years, even after the automatic expiration date. Several factors can affect the expiration of a warrant, including non-compliance with probation, failure to appear in court, new charges, and bonds. It is important to take immediate action to resolve an active misdemeanor warrant, including contacting a lawyer, paying the bond, complying with probation, and attending a court appearance. By understanding the laws and procedures surrounding misdemeanor warrants in Texas, individuals can take steps to resolve their warrants and avoid the serious consequences of having an active warrant.
