Texas Code of Criminal Procedure 43.015 – Definitions
Terms Used In Texas Code of Criminal Procedure 43.015
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
In this chapter:
(1) “Capias” means a writ that is:
(A) issued by a court having jurisdiction of a case after judgment and sentence; and
(B) directed “To any peace officer of the State of Texas” and commanding the officer to arrest a person convicted of an offense and bring the arrested person before that court immediately or on a day or at a term stated in the writ.
(2) “Capias pro fine” means a writ that is:
(A) issued by a court having jurisdiction of a case after judgment and sentence for unpaid fines and costs; and
(B) directed “To any peace officer of the State of Texas” and commanding the officer to arrest a person convicted of an offense and bring the arrested person before that court immediately.
(3) “Cost” includes any fee, including a reimbursement fee, imposed on a defendant by the court.