Q: What are the extradition laws on arrests?
If a person is arrested in one county for a warrant in a different county, is law enforcement required to take them to the county jail of their jurisdiction? For instance, if a person has a warrant in Liberty County but is arrested in Montgomery County by an officer who works in Montgomery County, does that officer have legal authority to bypass the local jail and directly take the individual to the county of the warrant?
A:
Extradition is about out-of-state warrants and is covered by chapter 51 of the Texas Code of Criminal Procedure.
This question is about out-of-county warrants and that is covered in chapter 15 of the same code. When a person is arrested on a warrant they must be taken to a magistrate with 48 hours to be provided with the statutory warnings. That usually means the same county as the arrest but the officer is allowed the arrested person to ANY county for the purpose of providing the warnings "more expeditiously." The two counties you mentioned are adjacent and there are places in Montgomery County, especially in the eastern part along highway 59, where it would be slower to get to an arrested person to Conroe than it would be to get them to a magistrate in Liberty County; perhaps in the cities of Cleveland, Liberty, or Dayton.
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