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What kind of proof do you need to file a warrant for arrest on a theft case?

Dallas, TX |

A warrant was served and an arrest was made stating it was theft and the person arrested had no clue why or who had put out a warrant or what it was about. No judge would tell him. Here it is over a week later and still no one will say what this is about. He is awaiting to hear from a court appointed attorney.

Attorney Answers 3


  1. The person arrested needs an attorney as soon as possible. The attorney can arrange for bail and begin to evaluate the prosecution's case. The court file should be available for review so that you can see the charging instrument. You should be able to go to the criminal court for the jurisdiction in question (if in Dallas, it would be the criminal court clerk's office at the Lew Sterrett Justice Center) or you can check online. For Dallas County, the online link is:

    http://www.dallascounty.org/applications/english/record-search/rec-search_intro.php

    You can also check the following web link for Dallas County Central Records:

    http://www.dallascounty.org/department/countyclerk/centralrecs.php

    Good luck.


  2. Arrest warrants are typically issued based on a sworn affidavit of a law enforcement officer setting out information that a judge decides is enough to support a reasonable belief that a crime was committed and that the person cast in the role of defendant probably committed that crime.

    Arrest warrants are not secret after they have been served. However, because they can be issued by any magistrate - meaning for example, a city court judge, a justice of the peace, a county court at law judge, a district judge, etc. - the arrest warrant with its affidavit is sometimes a bit difficult to track down.

    Most places that I deal with, the appointed defense lawyer is supposed to contact the defendant in person or by mail within 1-3 days and see the defendant as soon as practicable thereafter. So, depending on what fires the lawyer is already fighting, the actual first face to face meeting may take a week or two to happen.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


  3. In order to issue an arrest warrant, the police need to have probable cause to believe an offense occurred. A person saying they are the victim of a crime is enough. His attorney will obtain the discovery from the state and review it with him. You can always hire a retained attorney. This might move the case a little quicker.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

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