Legal Question in Criminal Law in Texas
Arrest Warrant based on 1 persons allegation
A warrant was issued for first degree felony - aggravated assault for robbery-based on an altercation initiated by another person, and the testimony of the instigator who is already arrested. There was a group of persons involved, but not all took part in this.(but warrants have been issued for all) The robbery charge stems from the victim not finding his cell phone and shoes. A $50,000 bond was imposed on the arrest warrants issued. Is it not the law to first get statements from all parties before issuing arrest warrants based on hearsay? The police were not summoned at the time of the incident. The victim was not incapacitated as a result of the altercation, and is in good health and appearance.
1 Answer from Attorneys
Re: Arrest Warrant based on 1 persons allegation
No, it is not the law.
The police officer is required to make a determination based upon his/her investigation, and is entitled/obligated to consider the statement of the victim, if considered credible, as a basis for probable cause.
Obviously, the defendants in this case need lawyers.
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