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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33394
Experience:  Began practicing Family Law in 1992
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I was arrested in Nueces county on a warrant issued in

Customer Question

I was arrested in Nueces county on a warrant issued in Harris County for child support. I did not see the magistrate and spent 17 days there until Harris County went to pick me up.
I spent another 15 days in Harris County jail until I saw the judge...
What is the proper procedure for a child support warrant???
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

Can you rephrase your question?

Are you asking if what they did was illegal?

Customer: replied 1 year ago.
Expert:  JD 1992 replied 1 year ago.

There is nothing in your facts that is automatically illegal, assuming that the warrant you were arrested on was for contempt of court and not for criminal non-support.

In Texas the judge can issue a warrant for contempt which requires that the person be brought back to a specific court and brought in front of a specific judge. It is more similar to an extradition than any other process and thus there is no need to see a magistrate where the person is arrested.

In a regular criminal non-support case there would be a requirement to see a magistrate within a short period of tie because that case would be brought under the Texas Penal Code and the Texas Code of Criminal Procedure whereas a contempt motion is brought pursuant to the Texas Family Code and the Texas Rules of Civil Procedure.