Once a warrant is signed by a magistrate, is the sheriff required to try to serve the warrant " without unreasonable delay ?

Asked over 1 year ago - Greenville, TX

A warrant , issued in Texas , April 2009 , was never served even though defendant was in plain sight . A DPS officer arrested the defendant in Jan . 2013 . The county never attempted to serve the warrant or contact the named defendant who has the same address named in the warrant . The delay resulted in the sheriff's office destroying the recording of defendant's call of defendant making a complaint of trespasser / suspicious person . The defendant did not know , for almost 4 years , there was a warrant , therefore didn't verify that his complaint filed . The trespasser , coming through shut gate with a no trespassing sign , said he sustained injury from the fist of the defendant . Defendant has lost his right to perfect his charge filing as well as demand medical inspection of trespasser .

Attorney answers (1)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . There is no statute that requires the warrant to be executed within a certain period of time. However, I would argue that your Constitutional right to a speedy trial has been violated, requiring a dismissal in the case. You need to retain an experienced attorney as soon as possible to help you with this. It's best to file this motion at the first court setting.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more

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