Texas Code of Criminal Procedure 11.34 – Disobeying Writ
Terms Used In Texas Code of Criminal Procedure 11.34
- Arrest: Taking physical custody of a person by lawful authority.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- 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
- return: as used in this Chapter , means the report made by the officer or person charged with serving the writ of habeas corpus, and also the answer made by the person served with such writ. See Texas Code of Criminal Procedure 11.55
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
When service has been made upon a person charged with the illegal custody of another, if he refuses to obey the writ and make the return required by law, or, if he refuses to receive the writ, or conceals himself, the court or judge issuing the writ shall issue a warrant directed to any officer or other suitable person willing to execute the same, commanding him to arrest the person charged with the illegal custody or detention of another, and bring him before such court or judge. When such person has been arrested and brought before the court or judge, if he still refuses to return the writ, or does not produce the person in his custody, he shall be committed to jail and remain there until he is willing to obey the writ of habeas corpus, and until he pays all the costs of the proceeding.