Posted: 9/8/2006 11:39:33 PM EDT
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I read here that most Class C misdemeanors are arrestable offenses while I read Texas Penal Code that says Class C misdemeanors are fines only. So I can be arrested but not jailed? is that it? thanks |
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but that's just it the penal code only talks about punishments, I couldn't find a list of arrestable offenses in the code Second question: Arrestable offense means what? Handcuffed, read rights, processed, etc How long can you be held (arrested) before you become 'jailed'? |
It is correct that you cannot be "sentenced" to jail on a Class C offense. Being arrested is not being sentenced to jail. In Texas, any offense is a crime and that includes traffic charges. Some states break it down into non-criminal activity and title traffic charges as infractions or violations etc. (not crimes), where you cannot be arrested. In Texas, Class C charges are all criminal acts. There are a couple of exceptions where arrests are not allowed such as speeding. The signing of a citation in Texas is, for all practicle purposes, an arrest where you are being released on your own recognizance. You have the right to make bond when you are arrested. Signing a citation is like an arrest where your bond is your promise to appear in front of the judge or traffic court at a later time. An officer can take you straight to jail and let you post bond from there or he can let you sign what amounts to a personal appearance bond (promise to appear) by signing a citation. It is all at the discretion of the officer. Once you appear in court, a judge cannot sentence you to jail. If you are found guilty (by trial or by plea), you can sentenced by a fine only. If you do not pay the fine, you can be held in jail to sit out the time in lieu of cash. |
Exactly with one small correction and some clarification. A person CAN be arrested for speeding if they refuse to sign a promise to appear. The right to arrest is in the Texas Code of Criminal Procedure. Art. 14.01. Offense within view.† [Crime committed within view of peace officer.] (a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace. (b) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view. Art. 14.03. Authority of peace officers. (a) Any peace officer may arrest, without warrant: (1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws; (2) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person; (3) persons who the peace officer has probable cause to believe have committed an offense defined by Section 25.07, Penal Code (violation of Protective Order), or by Section 38.112, Penal Code (violation of Protective Order issued on basis of sexual assault), if the offense is not committed in the presence of the peace officer; (4) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to a member of the person's family or household; or (5) (As added by L.2003, chap. 460(2). See other subdivision (5) below.) persons who the peace officer has probable cause to believe have prevented or interfered with an individual's ability to place a telephone call in an emergency, as defined by Section 42.062(d), Penal Code, if the offense is not committed in the presence of the peace officer. (5) (As added by L.2003, chap. 989(1). See other subdivision (5) above.) a person who makes a statement to the peace officer that would be admissible against the person under Article 38.21 and establishes probable cause to believe that the person has committed a felony. (b) A peace officer shall arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07, Penal Code (violation of Protective Order), or Section 38.112, Penal Code (violation of Protective Order issued on basis of sexual assault), if the offense is committed in the presence of the peace officer. (c) If reasonably necessary to verify an allegation of a violation of a protective order or of the commission of an assault against a member of the family or household, a peace officer shall remain at the scene of the investigation to verify the allegation and to prevent the further commission of the violation or of family violence. (d) A peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the officer's presence or view, if the offense is a felony, a violation of Chapter 42 or 49, Penal Code, or a breach of the peace. A peace officer making an arrest under this subsection shall, as soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06 of this code. (e) The justification for conduct provided under Section 9.21, Penal Code, applies to a peace officer when the peace officer is performing a duty required by this article. (f) In this article, "family," "household," and "member of a household" have the meanings assigned to those terms by Chapter 71, Family Code. (g) A peace officer listed in Subdivision (1), (2), (3), (4), or (5), Article 2.12, who is licensed under Chapter 415, Government Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or view, except that an officer who is outside the officer's jurisdiction may arrest a person for a violation of Subtitle C, Title 7, Transportation Code, only if the officer is listed in Subdivision (4), Article 2.12. A peace officer making an arrest under this subsection shall as soon as practicable after making the arrest notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06. There are several purposes for making an arrest. To insure the person appears for trial; although, there are also means set out in the CCP for bonds and bail, and to protect the public safety are both purposes for making an arrest. An arrest is not punishment for the crime. |
Agreed, but adding that a violation of the open container law is the other exception, where a citation must be issued in lieu of arrest, unless the person refuses to sign the promise to appear. Edit to add Texas transportation code section § 543.004. NOTICE TO APPEAR REQUIRED: CERTAIN OFFENSES. (a) An officer shall issue a written notice to appear if: (1) the offense charged is speeding or a violation of the open container law, Section 49.03, Penal Code; and (2) the person makes a written promise to appear in court as provided by Section 543.005. (b) If the person is a resident of or is operating a vehicle licensed in a state or country other than this state, Subsection (a) applies only as provided by Chapter 703. (c) The offenses specified by Subsection (a) are the only offenses for which issuance of a written notice to appear is mandatory. |
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When I went through thje academy waaay back in '85 we were taught that the only traffic offense not subject to arreast was speeding only. In other words, if the only offense was speeding- no other violation, then we couldn't arrest them. It keeps some of the small, more devious, jurisdictions from setting up speed traps and arresting speeders in order to get money then. Jim |
You CAN arrest a person for speeding, but ONLY if they refuse to sign a promise to appear. It was that way even when I went thru the academy 2 years before you, in 1983. (Damn, I'm old) |
but back in 85 couldn't you drive down the road drinking ??? |
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Let me set this straight. You CAN be arrested for most Class C offenses, the exceptions being Speeding and Open container. No seat belt, you can be arrested. No license in your possession, you can be arrested. Etc. The seminal case is out of Austin where a lady was arrested for not wearing her seat belt. Basically she was a bitch and the cop got tired of it and arrested her. Case was upheld by the Texas Court of Criminal Appeals. Other similar offenses with the exception of speeding and open container fit the same rationale. James |
That includes the offense of violating the promise to appear. It's not speeding If speeding is the only offense it's not arrestable. I once arrested a guy who refused to sign. My chief and sgt. almost went nuts. They said I had made an illegal arrest. I had to look it up and show them and put them in contact with my instructor at the academy. My detective told me it was good but that we didn't arrest for that, just write refused to sign in the signature block and let the judge handle it. '83? You are old!  Jim |
Which basically translates into you and your car can be searched for any traffic violation other than those two. search incident to arrest, inventory search, etc. Something to think about. |
.... as well as the Supreme Court of the United States. |
No, they are not violating a PTA until the fail to appear. If they refuse to sign, you can arrest them and CHARGE them with speeding. Read the law; § 543.004. NOTICE TO APPEAR REQUIRED: CERTAIN OFFENSES. (a) An officer shall issue a written notice to appear if: (1) the offense charged is speeding or a violation of the open container law, Section 49.03, Penal Code; and (2) the person makes a written promise to appear in court as provided by Section 543.005. (b) If the person is a resident of or is operating a vehicle licensed in a state or country other than this state, Subsection (a) applies only as provided by Chapter 703. (c) The offenses specified by Subsection (a) are the only offenses for which issuance of a written notice to appear is mandatory. |
Again, if they refuse to sign a PTA you can arrest. Your POLICY may be otherwise. Our department would not allow us to arrest if the person refused to sign. We simply wrote "refused" and gave them their copy. |
If they refuse to sign they are violating their promise to appear. If they sign and don't show they get a bench warrant for failure to appear. At least that's how it was back in the '80s. People here who have no training fail to understand that the penal code is only part of the law. There is also the Code of Criminal Procedure, the Texas Traffic Law book, Attorney General's opinions which carry the weight of law, Case law in which the courts have interpreted the laws as written, and the Constitution and all of it's various interpretations. I get a real kick out of someone who reads the penal code and thinks they know the law and argue with current and past LEOs. My knowledge is dated and I will always defer to someone who is current, but some of the basics don't change much- probable cause, etc. Ya'll take care, Jim Jim |
Not as much kick as I get watching "current and past LEOs" argue with each other, especially when one admits his "knowledge is dated". Sounds self-referencing.
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I don't if this was directed towards me but I'll answer since I posted the code section referenced. I'm not a LEO but a licensed, practicing attorney in Texas. If you don't sign a promise to appear, you are not violating it- that is purely ridiculus and circular. The current code says that for those two offenses, you must give only a citation unless the person fails to sign, at which point they may be arrested. This specific situation (and the court case cited above) are in the current Texas Criminal Procedure Textbook used in most Texas law schools (co-authored by my Texas Criminal Procedure professor, who is also the editor of Texas Traffic Law and Related Statutes). So, hey argue it all that you want but that is the current law. |
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Digrebel it was not directed at you, or anyone else in particular. I was thinking about the threads/arguments where someone asks a question, it gets answered by either an LEO or an attorney- usually both with the same answer, then some dimwit that has looked at the P.C. online gives his opinion. The idiots that have no training in the law usually have the strongest opinions, and are usually wrong. My knowledge of Texas law is definately dated. I may state that we did it a certain way when I was a cop, but I know it changes. If I ever make a statement that is wrong, correct me. I won't get mad or argue. I might ask questons to satisfy my curiosity- and I am a nosy bastard. Later guys- Cowboys are coming on. Jim |
No worries, I wrote much the same was you did regarding the variety of sources of "the law" over in the illegal knife thread, so I agree with you on that count. But this thread has been very measured and provided legit info, so I didn't want to see it degenerate into name calling. And on the Promise to appear stuff- a promise to appear is exactly what it says, a promise to appear at a future date in a specific court. One can't violate it unless one doesn't do that future appearence, so you can't arrest for that at the time of the citation. So what the gist of all this is, is that in these 2 very specific cases, a police officer must issue a citation and if the person signs the promise to appear, then they CAN NOT be arrested. If they don't sign, they may or may not be arrested, depending on policy, discretion, etc... All other class C's may be arrested or may not, regardless of whether the person signs the PTA. This really is not that big of a deal. |