Persons listed with active arrest warrants have not been convicted of any criminal offense. A Warrant of Arrest was issued for their alleged failure to appear in court as they promised or as they were ordered to do. Some persons listed here have already been convicted of a criminal offense and have failed to satisfy (pay) their sentence and a Capias Pro Fine was issued ordering their arrest. All persons who have not been convicted are presumed innocent under the law. Normally, this list is updated every 48 hours; however, it is possible that a person may be on this list whom may have had their warrant recalled.
“SAFE HARBOR” AMNESTY PROGRAM
FOR DEFENDANTS WITH WARRANTS
WHO VOLUNTARILY TURN THEMSELVES IN
Judge Kevin Madison announced today that his court has initiated a new
formal policy of not arresting any individuals with active (Class C)
Lakeway Municipal Court Warrants who voluntarily turn themselves in to
court staff during normal business hours (Monday – Friday 8:00 a.m. –
Defendants who have failed to appear in court and have arrest warrants and defendants who have been convicted of charges but have failed to pay their fines and have a capias (writ ordering an arrest) will both be given amnesty and will not be arrested if they voluntarily come to the Lakeway Municipal Court. Defendants who appear voluntarily will be given an opportunity to set their cases for court and see a judge or prosecutor or if they just want to pay their fine and costs they can do so on a time payment plan. Time payment plans normally allow defendants 3 months to pay their fines and costs. In special situations the judge may allow a longer period of time, depending on the amount owed and the defendant’s financial situation.
If you are financially unable to pay a fine and/or court costs in full (one payment), there are other options, such as time-payment plans and community service hours instead of paying the fine and court costs. In certain situations in which a person cannot perform community service and is also indigent and unable to pay out their fine and court costs on a time payment plan the Court will hear evidence about your financial situation to help resolve this matter and may even reduce the fine and court costs or eliminate them completely, depending on the severity of your financial situation.
Also defendants who are indigent (poor and/or unemployed) and unable to pay their fines or court costs, will be set for a court date to speak to a judge about their financial situation. If the judge makes a judicial finding that a defendant is indigent and unable to pay the fine and court costs, the judge may offer alternatives to the payment of a fine, such as allowing indigent defendants to perform community service, which is credited at the rate of $10 for every hour worked. All community service plans must be for non-profit organizations and must be approved by the court. Examples of approved non-profit agencies that Lakeway Municipal Court approves of include: Goodwill, Salvation Army, Habitat for Humanity, Meals on Wheels, The Austin Food Bank, Austin Animal Shelter, and Austin Humane Society.
In cases of severe financial hardship, the judge has the authority to decrease the fine or number of community service hours required depending on the severity of the defendant’s financial situation. In severe hardship situations the judge may discharge all or part of the fine and court costs, pursuant to Article 45.0491, Texas Code of Criminal Procedure.
It is always best to appear in court and take care of your court cases rather than refusing to appear. If you voluntarily appear at Lakeway Municipal Court to work out a payment plan or to request a court hearing- you will not be arrested. If you have questions about your warrant, contact Warrant Clerk Martina Brazell at (512) 314-7560 or City Marshal Fred Johnson at (512) 314-7580.
TYPES OF WARRANTS
WARRANT OF ARREST (Texas Code of Criminal Procedure, Article 45.014)
CAPIAS PRO-FINE (Texas Code of Criminal Procedure, Article 45.045)
A Capias Pro-Fine is an order directing any Texas Peace Officer to immediately arrest a defendant and bring that defendant immediately before the court to show cause (good reason) why that person has failed to satisfy the judgment (pay their fine and court costs). Unlike an Arrest Warrant, a Capias Pro Fine is issued after a defendant has been convicted of an offense.
Judge Kevin R. Madison
Lakeway Municipal Court of Record #1
July 27, 2017