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Boyfriend arrested for warrant out of Texas

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i2gud4u2

Junior Member
What is the name of your state (only U.S. law)? AZ

My boyfriend was stopped for speeding and subsequently arrested because the arresting officers said he had a warrant out of Texas for robbery. He has never been to Texas. Last November, he bought a truck for a friend and had it titled in his name. In December, he gave the truck to his friend and signed over and had notarized the title. In June of this year, his friend and his friend's son went to Austin, Texas where someone driving the truck committed a robbery. The friend never sent in the title and the truck was still in his name, hence the warrant. The issue here is he is on probation until November for a previous crime that he committed in 2002 and did time for (1 count of possession of burglary tools and theft of means of transportation) so he was held without bail in jail. Tuesday, he was extradicted to Texas. While he was being arrested I went to the location and picked up his money and other personal items and I asked him if he needed me to contact his probation officer. Him and the arresting officers both said "no". I guess the arresting officers had already called and left him a message. I still called a few times in the following days and left him messages as well with no return call. Well, yesterday, a probation officer (not his), shows up at our house ready to arrest Mark for violation of probation since he didn't show up for a appointment and he hadn't returned any phone calls. I told the probation officer that he was arrested and extradicted to Texas. The probation officer was shocked as well as a little upset that he didn't know. He said he was going to get a hold of Texas and find out the situation and then put him on hold so when he returns he will go to prison to finish out his sentence. My question is if the case in Texas gets dismissed as we are hoping because as soon as we get a date that the crime was commited, I will get the evidence that he wasn't in Texas. He is a tow truck operator, so he will have log records as well as receipts and if we are lucky, maybe it was on a date he saw his probation officer or submitted a u/a. Shouldn't the probation violation of leaving the state without the probation officer's concent be dropped as well. This whole thing has been a nightmare. Can anybody tell me what to expect from here forward? They came and picked him up on Tuesday and as of yet (Friday morning) I haven't heard from him. Thanks for any responses and/or advice.
 


lawbird

Member
Why would your boyfriend waive extradition to Texas if he was not even in the state of Texas at the time of the alleged crime? As you said he is a tow truck operator and there would be logs of his whereabouts on the day of this crime. This is a very serious matter and one that should've been addressed at an extradition hearing. That's all they care about at an extradition hearing were you in the state at the time of the crime, yes or no, and are you the person the demanding state is looking for. If your b/f wasn't in TX. at the time of this crime I wouldn't worry about the parole violations for not reporting or leaving the parole jurisdiction without permission. If the glove doesn't fit you must acquit. If he wasn't in Texas he wasn't in Texas.
 

OHRoadwarrior

Senior Member
An extradition hearing is moot if the charges in TX are not addressed. Though he will likely need to see the judge for the probation issues, if the charges in TX are dropped, he should be fine.
 

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