Constable Precinct 1 - Constable Robert White

The Constable's first official designation was in the Magna Carta in 1215 A.D., which expanded the Constable's law enforcement duties. Established over 170 years ago, Constables comprised the very first police force in Texas. The Texas Constable today has broad law enforcement authority to include civil process for the assigned court and a wide range of policing responsibilities. The Precinct One Constable Department is recognized as one the most proactive and community-oriented law enforcement agencies in West Texas. It consistently ranks among the top Constable Departments in generating revenue from civil process and warrant execution operations. Precinct One also is an innovator in developing and implementing community policing programs that directly benefit a wide array of citizens, ranging from the elderly to business owners. A Warrant: Is a written order (a "writ") from a magistrate such as a Justice of the Peace, directed to a peace officer commanding the officer to take the body of a person accused of an offense and to be dealt with in a specific manner according to the law. Many Justice Court warrants are a result of a failure to appear in court, traffic violations, "hot" checks, truancy, and child support violations received from the Texas Attorney General's Office. A Capias: Is a writ issued by the court or clerk and directed "To any peace officer of the State of Texas," commanding him/her to arrest a person accused of an offense and bring the person before that court immediately or on a day or at a term stated in the writ. A capias can order a peace officer (such as a Constable) to take into custody a person in a civil case for appearance in court to answer the plaintiff's declaration. Do You Want to Avoid Arrest and Stay out of Jail? If an arrest warrant or capias has been issued against you, contact the Justice of the Peace Court Pct. 1. The clerks will contact a Deputy Constable who will work with you to determine if you can avoid the embarrassment of being arrested and going to jail. This might include enabling you to post a bond or clearing an erroneous warrant. The People's Court: The Justice of the Peace Court often is referred to as the "People's Court" because it has legal jurisdiction closest to the average citizen. The Texas Constitution stipulates that the JP Court has original jurisdiction in criminal matters of misdemeanor cases punishable by fine only. The JP Court has jurisdiction over all eviction suits. The Justice of the Peace performs the function of a magistrate, including bail settings, arraignments, peace bonds, stolen property hearings, and drivers license suspension hearings. A JP may issue warrants for arrest, and search warrants, conduct preliminary hearings, administer oaths, and perform marriage ceremonies. The JP Court also functions as a small claims court in civil matters in which exclusive jurisdiction is not in district or county court and the amount in controversy does not exceed $10,000. The JP Court also can hear matters concerning foreclosure of mortgages and enforcement of liens on personal property. Judge Robert T. Pearson The Honorable Robert T. Pearson is the elected Justice of the Peace ~ Precinct One. The JP's official web site can be accessed by going to elpasocounty.com The Justice Court and Constable's Office are conveniently located in the Presidio Building at 424 Executive Center Boulevard, Suite 100 (915) 534-3917 Fax: (915) 351-1731 Remedies for Landlords: As a landlord, you must be thoroughly knowledgeable about the laws and procedures required to evict a tenant lawfully. The following is basic guidance that you need to know; it is not intended to serve as legal advice, which should be obtained from a qualified attorney as necessary: The Justice of the Peace Court has exclusive jurisdiction over an eviction, which involves what is commonly known as a "forcible entry and detainer" (FED). An FED takes place when an individual enters the premises of another without legal authority or by force and refuses to surrender it on demand. A demand to vacate the premises must first be given to the tenant in writing by the landlord regardless of whether or not the lease is in writing or is just based on an oral agreement. The length of time a landlord must wait before filing an eviction complaint with the court normally is noted on the lease; if it is not, the law requires a three day notice. (Visit Elpasoconstable.com to acces the form). If an individual (typically the tenant) has taken possession of the premises by forcible entry, the landlord can demand possession orally and is not required to wait the three day period before filing the eviction complaint with the court.When filing, the landlord should identify the leased premises and state the facts which entitlethe landlord to the possession. After the landlord files the complaint alleging a forcible detainer and pays a fee, the J.P. will issue a citation which then will be served by the Constable Department.The citation can be served on the tenant or on anyone on the premises who is 16 years of age or over.The citation will include a court appearance date/time and a copy of the complaint. The appearance date cannot be more than 10 days nor fewer than 6 days from the date the citation is served. If the Constable Department is unable to serve the tenant in person after a minimum of two attempts, the officer can effect what is known as "substitute service" by posting the citation onthe door of the premises; the Constable then will mail a copy of the documents to the tenant not later than the following day of the substitute service.If the occupants fail to comply, the Constable is authorized by law to remove them physically. The Constable also will instruct the tenant or landlord to remove all personal property from the premises. If the landlord removes the property, he/she must ensure the property either will be stored at a bonded warehouse or moved to a nearby location but not blocking a public sidewalk or street; in any event, the property must not be moved outdoors while it is raining, sleeting, or snowing. The landlord must employ a sufficient number of persons to remove the property; under no circumstances can the Constable assist in removing the property. * After the eviction suit is filed with the court, the landlord can file a possession bond in an amount fixed by the court, which will depend on the anticipated amount the defendant would be damaged in the event that the eviction suit was not properly effected. This bond will allow the landlord to take possession of the premises immediately after the expiration of six days from the date the tenant is served notice of the filing, unless the tenant demands a trial or files a counterbond within six days. If the tenant demands a trial or posts a counterbond within six days but the J.P. rules in favor of the landlord, the tenant has five days to move out of the premises. An eviction hearing is fairly informal, where the judge will pose questions to both parties. If the tenant loses, he/she will have five days before a writ of possession can be executed to remove the tenant from the premises. If the landlord receives a judgment for possession from the court, on the sixth day after the judgment is signed, the landlord can have the judgment executed through a writ of possession. The writ will command the Constable to instruct the tenant and all other occupants to leave the premises immediately. Any other information or forms, please visit the Constable Pct. 1 website: ELPASOCONSTABLE.COM