What does Precept issued mean?

[CaraAnn]

Jurisdiction

Texas

Im hoping someone can help me out with a question. My brother was recently in jail in TX, from what he told me he was being released, the plan was for him to come to me and I was going to help him start over. He called from court saying he was being released but not sure of the day. He figured after memorial day. Well to my surprise he was released the next day.

Its been 2 weeks and i have not heard from him, I went and checked on his court papers and there was some new info. The info below. Im hoping someone can help me understand what it means. Im trying to figure out if he is in another jail or what is going on.

He was released from jail on 5/24 and then all this stuff came up.

what is yellow card?
what is Capias Issued (OCA)?
what is precept issued?
what is Criminal Precept?


05/24/2019 Notice
yellow card
05/31/2019 Capias Issued (OCA)
05/31/2019 Precept Issued
05/31/2019
Criminal Precept

Thank you in advance for any help.

 

[Zigner]

A precept is an order of the court. It sounds to me like your brother's got a warrant out for his arrest.

 

[justblue]

Im hoping someone can help me out with a question. My brother was recently in jail in TX, from what he told me he was being released, the plan was for him to come to me and I was going to help him start over. He called from court saying he was being released but not sure of the day. He figured after memorial day. Well to my surprise he was released the next day.

Its been 2 weeks and i have not heard from him, I went and checked on his court papers and there was some new info. The info below. Im hoping someone can help me understand what it means. Im trying to figure out if he is in another jail or what is going on.

He was released from jail on 5/24 and then all this stuff came up.

what is yellow card?
what is Capias Issued (OCA)?
what is precept issued?
what is Criminal Precept?

05/24/2019 Notice
yellow card
05/31/2019 Capias Issued (OCA)
05/31/2019 Precept Issued
05/31/2019
Criminal Precept

Thank you in advance for any help.

Was your brother released on bail or did he serve his sentence? If the later, was he placed on probation?

 

[army judge]

what is yellow card?

I have no idea in the context in which you used the words, but in a literal context it would be "a card that is yellow".

what is Capias Issued (OCA)?

Our wonderful Republic of Texas issues the rather archaic writ or court order known as capias.

In some jurisdictions (and even to laypeople in Texas) a capias is also called a "warrant".

However, "capias" is more precise to the legal community because some writs have an expiry date, among other variations, whereas a "bench warrant", for example doesn't.

"Capias" is Latin for "you are to seize for the purpose of blah blah blah blah etc etc etc yada yada yada"

In Texas a capias serves two specific purposes.

CAPIAS directs a peace officer as follows = "To any peace officer of the State of Texas", commanding the officer to arrest a person accused of an offense and bring the arrested person before that court immediately or on a day or at a term stated in the writ. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff.

CODE OF CRIMINAL PROCEDURE CHAPTER 23. THE CAPIAS

Okay, please allow me to bore you with what I find some quite interesting legalities about "capias" as used in Texas.

If a warrant is issued for your arrest, it can be an alias warrant or a capias warrant.

If an alias warrant is issued, your attorney can post a bond and have the warrant removed, meaning you won't have to go to jail. Eat your heart out, other lawyers, as some Texas lawyers make some sweet money posting this type of bond for their "frequent offenders".

Some of us become "de facto" bail bond agencies.

Excuse me, for digressing.

A capias warrant, on the other hand, attorney bonds don't do the trick to get you out quick.

If a capias warrant has been issued for your arrest, you'll have to see a judge, who'll set yoru bond, or remand you for continued safekeeping.

A capias warrant is also more serious.

If you have entered a guilty plea, agreed to a payment plan with the court, received an order to do community service, attend classes, etc... but you then failed to honor your commitments, a capias will be issued for your arrest.

what is precept issued?

what is Criminal Precept?

Precept in Texas usually means a person is indicted by the grand jury "most likely" a felony charge.

If a precept was issued, the person was indicted.


This Texas lawyer offers a lengthier explanation, enjoy:

Dallas Criminal Defense Lawyer State and Federal Case FAQ's | David Finn, P.C.

 

[CaraAnn]

Was your brother released on bail or did he serve his sentence? If the later, was he placed on probation?

It said sentence served on 5/24 but now at the bottom of his court document it says unserved.

My brother could be lying to me about how or why he got out. Long story short, he refused probation because he feels like it sets him up for failure. He supposedly got out on a new law that wipes first time offends record of a first time crime or something like that. This is what my brother said, it seems weird to me.
I have gone online and looked all this stuff up but can never seem to narrow down what it means.
Here is the whole court paper showing what happened. If you can explain it to me I would be so grateful.



02/14/2019 Pleas
Plea Agreement
02/14/2019 Admonish/Waiver/Guilty-Nolo
02/14/2019 Trial Courts Certificate of Defendants Right to Appeal
02/14/2019 Judicial Confession and Stipulation
02/14/2019 Bill of Costs
02/15/2019 Attorney Fee Voucher

02/22/2019 Judgment - Felony
signed
02/26/2019 Conditions of Probation
(Signed)
03/20/2019 Hearing (OCA) (8:30 AM)
did not qualify for SATF
Result: Reset
03/25/2019 CANCELED Status Hearing (OCA) (8:30 AM)
Per Judge
03/27/2019 Status Hearing (OCA) (1:30 PM)
05/01/2019 Status Hearing (OCA) (8:30 AM)
SATF doesnt qaulify f.o
Result: Reset
05/15/2019 Motion to Revoke Probation (OCA)
05/24/2019 Motion to Revoke (OCA) (8:30 AM)
Result: Held
05/24/2019 Notice
yellow card
05/31/2019 Capias Issued (OCA)
05/31/2019 Precept Issued
05/31/2019
Criminal Precept


unserved

 

[CaraAnn]

Wow thank you so much for all that info. That was really helpfull.
So i feel more now then ever my brother was probably lying to me and he most likely got out and messed up probation or whatever already and is wanted again.

Thank you so much, I appreciate it.

 

[justblue]

Wow thank you so much for all that info. That was really helpfull.
So i feel more now then ever my brother was probably lying to me and he most likely got out and messed up probation or whatever already and is wanted again.

Thank you so much, I appreciate it.

I highly suggest that IF he is offered the ability to bail out again (unlikely...but you never know) do NOT pay his bail. Brother dearest needs to be responsible for his own actions or he will never learn the lesson(s).

 

[CaraAnn]

I highly suggest that IF he is offered the ability to bail out again (unlikely...but you never know) do NOT pay his bail. Brother dearest needs to be responsible for his own actions or he will never learn the lesson(s).

Oh I dont plan on helping now that I know he has been lying. Thanks for the help.

 

[army judge]

Wow thank you so much for all that info. That was really helpfull.
So i feel more now then ever my brother was probably lying to me and he most likely got out and messed up probation or whatever already and is wanted again.

You're welcome.

As far as your sibling, or anyone who is to be released on parole or probation and wants to USE your address and your kindness, just say NO.

These "frequent offenders", who scoff at our laws, aren't worth getting you involved.

Beyond the intrusion into your life and home (yes, the parole officer or probation agent) can search your home anytime he/she sees fit.

Your brother seems indicative of that trend, screw you to get whatever he wants.

If he surfaces, fake apologizes, and begs you to do him a solid, say, "Sure, I'll let you figure this out, but not at my house."

 

[flyingron]

A yellow card is the postcard (which is yellow, duh) which informs a person that a warrant has been issued for his arrest. They're used primarily when you can dispose of it by paying a fine or otherwise arranging a court appearance.