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Terms Used In Texas Code of Criminal Procedure 43.04

  • 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.

When a judgment and sentence have been rendered against a defendant in the defendant’s absence, the court may order a capias issued for the defendant’s arrest. The sheriff shall execute the capias by bringing the defendant before the court or by placing the defendant in jail until the defendant can be brought before the court.