When a person is arrested for an outstanding Class C misdemeanor warrant, he/she may be able to post a surety or appearance bond to secure a release from jail while awaiting a hearing on the case. If the defendant has an outstanding capias pro fine warrant, only full payment of the amount owed in cash or money order is acceptable.
Please note: Defendants are responsible for notifying the court of any address changes.
Types of Warrants
Arrests may be made without a warrant when the offense is committed within the view of a peace officer or the peace officer is relying on a credible source, such as another peace officer, who had probable cause to arrest by viewing the offense. Some of the most common arrests without a warrant include Public Intoxication, Failure to Identify, and Assault.
Types of Warrants
In our court, we deal primarily with 2 types of warrants: Alias and Capias Pro Fine.
An alias warrant is the type of warrant that is issued when no plea has been entered on the case or you have failed to appear in court either in person or by mail. This can include the initial appearance on the citation or failure to appear for a scheduled court date. When you receive a citation and sign the citation, you are actually signing a written promise to appear in court. If you then fail to appear, either by mail or in person, that constitutes an additional offense of "Failure to Appear" or "Violate Promise to Appear" under the Penal Code. As a result, new charges may be issued for your non-appearance, and you may then have 2 cases instead of 1: the original charge and the non-appearance charge.
Capias Pro Fine
A capias pro fine is specifically issued after a judgment is rendered and a fine assessed. When you fail to pay the fine as required or agreed, this constitutes default and a capias pro fine may be issued for your arrest. A capias pro fine may also be issued for failure to complete community service hours ordered in lieu of payment of the fine and costs. When arrested on a capias pro fine, the fine must be paid in full or, if requested, the defendant may serve time in jail to satisfy the outstanding balance.
Appearance / Surety Bonds
To obtain an appearance/surety bond, you should contact a bail bondsman or other surety who has the proper authority to post a bond with the Court. The bondsman or surety will collect a fee for this service. The fee is generally a percentage of the total of the fines, fees, and costs owed.
Upon being arrested for outstanding Class C misdemeanor warrants, a defendant always has the ability to pay the total fines owed in cash to secure his or her release from jail. This is called posting a cash bond. The cash bond is generally collected at the jail where the defendant is incarcerated. The amount owed for outstanding Burleson warrants is forwarded from that jail to the Burleson Municipal Court of Record. Once paid, that amount is posted as a bond.
Notification of Bond Hearing
After the Court receives the payment, the defendant will be set for Court and notified of the date, time, and place of his or her bond hearing. The defendant is responsible for notifying the Court of any address change. Failure to appear at this hearing may result in new warrants being issued.
Note: After arrest, a defendant may enter plea in writing of No Contest or Guilty if he or she does not wish to appear or contest the charges. This will result in the Court entering a final conviction and applying the cash bond amount in satisfaction of the fine and costs.
If you have any questions, please contact the Municipal Court at 817-426-9220.