Legal Question in Criminal Law in Texas

A judge would deny or not issue a bench warrant because he does not want to waste county money going to pick the guy up in prison. Instead, they will probably just hold the warrant and once he is released from prison they will wait until he gets stopped on traffic or arrested on a new offense to take custody of him. It is all about the money.

A bench warrant on a misdemeanor case for someone in TDCJ may be denied by a Judge for financial reasons. Counties do not want to spend money transporting inmates where they don't have to.

The important thing is to make sure that the inmate has a hold for the misdemeanor charge so that time spent in TDCJ can count toward any sentence that maybe received on the misdemeanor case.

The warrant on the misdemeanor case will be active and when the defendant is stopped on a traffic stop, the defendant will be taken into custody. Another option is for the defendant to hire an attorney to work out a deal on the case and do a plea on the case instead of waiting to be stopped by the police on a traffic stop and going back to jail.