Texas Municipal Court Clerk Practice Exam 2025 - Free Municipal Court Clerk Practice Questions and Study Guide

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When a defendant is arrested on a capias, what must happen next?

The officer must bring the person to the court immediately or on a specified date.

When a defendant is arrested on a capias, the correct procedure requires that the officer must bring the individual to the court immediately or on a specified date. A capias is a type of court order that directs law enforcement to arrest a person who has not complied with a court order, such as failing to appear for a scheduled court date. The urgency in this process underscores the legal system's emphasis on ensuring compliance with court orders and maintaining the integrity of judicial proceedings.

In this context, the role of the officer is to ensure that the defendant is presented before a judge as soon as possible, allowing the court to address the matter related to the capias. This response reinforces the accountability aspect of the judicial system and helps maintain order in court proceedings, ensuring that defendants are given their due process rights in a timely manner.

The other options do not align with the legal requirements linked to a capias arrest, which emphasizes the importance of prompt court appearance rather than allowing for delays or alternative arrangements.

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The officer must allow the defendant to arrange a later court date.

The officer must release the defendant with a warning.

The officer must submit a report before bringing the defendant to court.

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