Austin, TX asked in Criminal Law for Texas

Q: Im a County Corrections officer in the State of texas. As such, can I execute indictments in my jail as per CCP chap. 231?

Here is the info in CCP 231, that I was wondering might included the execution of indictments, even though an indicment is not actually listed as a process that can be executed as per this section. If a jailer licensed under Chapter 1701, Occupations Code, has successfully completed a training program provided by the sheriff, the jailer may execute lawful process issued to the jailer by any magistrate or court on a person confined in the jail at which the jailer is employed to the same extent that a peace officer is authorized to execute process under Article 2.13(b)(2), including:(1) a warrant under Chapter 15, 17, or 18;(2) a capias under Chapter 17 or 23;(3) a subpoena under Chapter 20 or 24; or(4) an attachment under Chapter 20 or 24.

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1 Lawyer Answer
Milan Marinkovich
Milan Marinkovich
  • Criminal Law Lawyer
  • The Woodlands, TX
  • Licensed in Texas

A: The section is 2.31 of the Code of Criminal Procedure (not 231). The question as posed, "executing indictments" is confusing. Regarding indictments, Art. 25.01 provides as follows: "In every case of felony, when the accused is in custody, or as soon as he may be arrested, the clerk of the court where an indictment has been presented shall immediately make a certified copy of the same, and deliver such copy to the sheriff, together with a writ directed to such sheriff, commanding him forthwith to deliver such certified copy to the accused." Thus the "writ" is the mechanism permitting the Sheriff to deliver the indictment to the accused. Art. 25.02 outlines how the service and return of the indictment are made. I hope this helps.

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