Last Updated on June 9, 2025 by Beltz Law Group
Understanding Arrest Warrants in Royse City Municipal Court: A Look at CCP Article 45A.104
Warrants Lifted in Royse City
Receiving a traffic ticket in Royse City comes with a responsibility: to respond to the court by your appearance date. Failure to do so, or to meet other court-ordered obligations, can result in the issuance of an arrest warrant. For cases in Royse City Municipal Court, the process for issuing these warrants is controlled by the Texas Code of Criminal Procedure, specifically Article 45A.104.
At Beltz Law Group, we understand the stress and confusion that outstanding warrants can cause. This article outlines the key aspects of Article 45A.104 and the conditions under which Royse City Municipal Court may issue an arrest warrant. If you have an active warrant in Royse City, or believe one may be issued, contact our experienced legal team today at 214-321-4105 for assistance.
The Authority to Issue an Arrest Warrant (Article 45A.104(a))
Texas Code of Criminal Procedure Article 45A.104(a) grants municipal judges the authority to issue an arrest warrant. It states:
“(a) If a sworn complaint or affidavit based on probable cause has been filed before a justice or municipal court, the justice or judge may issue a warrant for the arrest of the defendant and deliver the warrant to the proper officer to be executed.”
This means that for Royse City Municipal Court to issue a warrant, there must first be a formal accusation (a “sworn complaint” or “affidavit”) detailing the offense, and this accusation must be based on “probable cause” that the defendant committed the offense.
Requirements for a Valid Arrest Warrant (Article 45A.104(b))
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To be legally sufficient, an arrest warrant issued under this article must meet specific criteria outlined in Article 45A.104(b):
- Name of the State: It must be issued “in the name of ‘The State of Texas.'”
- To Whom Directed: It must be directed to a proper peace officer or another person specifically named in the warrant.
- Command to Arrest: It must include a command that the defendant be taken and brought before the authority issuing the warrant at the time and place stated.
- Defendant’s Name/Description: It must either state the defendant’s name or, if the name is unknown, provide a sufficient description of the defendant as found in the complaint.
- Nature of Offense: It must state that the defendant is accused of an offense against the law of this state, naming the specific offense (e.g., “Speeding,” “Disregard Stop Sign”).
- Judge’s Signature: It must be signed by the justice or judge, with their office named either in the body of the warrant or in connection with their signature.
Crucial Protections Before a “Failure to Appear” Warrant is Issued (Article 45A.104(e))
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One of the most important aspects of Article 45A.104, particularly for traffic tickets, is the protection it provides regarding warrants for failure to appear at the initial court setting. A Royse City municipal judge may not issue an arrest warrant for a defendant’s failure to appear (including failure to appear as required by a citation) unless the court has first provided specific notice:
- Notice Requirements: The judge must provide notice to the defendant by telephone or regular mail, and this notice must include:
- A date and time (within 30 days of providing notice) when the defendant must appear.
- The name and address of the court.
- Information about alternatives to full payment of fines/costs if the defendant is unable to pay.
- A statement regarding credit for time served in jail (if applicable).
- An explanation of the consequences if the defendant fails to appear as required by this notice.
- Failure to Appear After Notice: Only if the defendant then fails to appear as required by this specific notice can a warrant be issued.
This provision aims to give individuals a second chance to address their citation before an arrest warrant is issued, especially if the initial appearance date was simply overlooked.
Recalling an Arrest Warrant (Article 45A.104(g))
Article 45A.104(g) also provides a mechanism for recalling warrants:
“(g) A justice or judge shall recall an arrest warrant for the defendant’s failure to appear if the defendant voluntarily appears and makes a good faith effort to resolve the arrest warrant before the warrant is executed.”
This means that if you have an active warrant for failure to appear in Royse City, but you voluntarily contact the court and make a genuine effort to resolve the underlying case before you are arrested, the judge is required to recall that warrant. This is often the process an attorney will facilitate on your behalf.
How Beltz Law Group Can Help
Understanding the intricacies of Texas Code of Criminal Procedure Article 45A.104 is vital when dealing with warrants from Royse City Municipal Court. An attorney can:
- Determine Warrant Status: Verify if a warrant exists and its type (alias vs. capias).
- Facilitate Warrant Lift and Court Representation: For eligible (alias) warrants, our attorneys can post an appearance bond with the court. This crucial step allows the warrant to be lifted, removing the immediate threat of arrest. Furthermore, in many cases, this bond also permits your attorney to go to court on your behalf, often eliminating the need for you to personally appear for initial hearings and allowing you to resolve the underlying ticket without fear.
- Ensure Proper Notice: Review whether the court provided the required notice under Article 45A.104(e) before issuing a failure-to-appear warrant.
- Negotiate Resolution: Work with the court to resolve the original traffic offense, ideally preventing a conviction from appearing on your record.
Don’t let a Royse City warrant linger. The longer it remains active, the greater the risk of arrest. Contact Beltz Law Group today at 214-321-4105 to discuss your options and take proactive steps to resolve your case.
