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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 10-08-2006, 10:50 PM
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confusion, about a case


What is the name of your state? Texas
I was charged with theft, though it was unlawful how the process went. I recieved 2yrs probation on a felony theft charge, along with two other ppl. I moved to a different part of texas and was unable to travel back for my P.O. visit, and was assigned a court date. I was never notified of the court date till it was too late, and missed it. I'm pretty sure that I have a court date that changed my case to a conviction, instead of a deferred adjudication. I was reading the texas code of criminal procedure and it said that a warrent can expire, and that the only way they can obtain another warrant is if the procecuter files another suit against me for the crime. My question is very simply, if I cannot take care of this warrant, will they be willing to travel 400 miles to catch me, and if not how will it affect me in the long run? i mean will it affect things such as my doing taxes at the end of the year n such? any information would be greatly appreciated
  #2  
Old 10-09-2006, 12:30 AM
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If you missed a court date, the Judge probably issued a warrant.

If the warrant is entered into NCIC, as it should (into an interstate law enforcement data bank), then wherever you are, you can be held in local custody until the issuing jurisdiction (IJ) advises whether they will come and pick you up.

Usually, on many cases, the IJ decides that they won't spend the money to go get you.
However, the juris has up to three days to decide if they want you.

Even if the IJ advises the arresting agency to release you. the next time you're stopped, the procedure can be repeated, as long as the warrant is in the system.


You can wind up being arrested, repeatedly, on that one warrant. If you're in a car, it will get towed - you pay the fees.
  #3  
Old 10-09-2006, 10:05 AM
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Quote:
Originally Posted by nessamunky87 View Post
What is the name of your state? Texas
I was charged with theft, though it was unlawful how the process went. I recieved 2yrs probation on a felony theft charge, along with two other ppl. I moved to a different part of texas and was unable to travel back for my P.O. visit, and was assigned a court date.
Did you bother to get permission to move and transfer your Probation to your new county?

Quote:
Originally Posted by nessamunky87 View Post
I was never notified of the court date till it was too late, and missed it.
This would tend to make me believe that you did not get permission to leave and the notification was mailed to the address that was on file with your PO.
Quote:
Originally Posted by nessamunky87 View Post
I'm pretty sure that I have a court date that changed my case to a conviction, instead of a deferred adjudication.
If adjudication was withheld pending your successful completion of your probation then by violating that probation your adjudication will stay on your record now.

Quote:
Originally Posted by nessamunky87 View Post
I was reading the texas code of criminal procedure and it said that a warrent can expire, and that the only way they can obtain another warrant is if the procecuter files another suit against me for the crime. My question is very simply, if I cannot take care of this warrant, will they be willing to travel 400 miles to catch me, and if not how will it affect me in the long run? i mean will it affect things such as my doing taxes at the end of the year n such? any information would be greatly appreciated
You are now a fugitive from justice and a probation violator. Probation violation is a NON BONDABLE offense in most states. What this means is when you are finally caught you willl not be able to bond out and more than likely with only 400 miles difference they will come and get you especially since you are still in the same state. Since you moved and are now a fugitive from justice the longer it takes you to turn yourself in the better the odds are that you will end up spending the rest of your sentence in jail. You see they don't like to put people back on probation who have already violated it once and then hide from the law.
  #4  
Old 10-09-2006, 11:20 PM
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Join Date: Oct 2006
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actually they never sent a letter


They never sent a letter to my house, they went to my house there, since i still have family there. They went the day before the case was to go to trial. and i didnt find out till it was too late because, my probation officer wanted me to call her as soon as possible to avoid going to court, and when i tried she never answered, and i called the same day she went to my house. I'm pretty sure that at this moment their not going to waste money coming for me, because of the place, because they had a posting saying that they would only go up to 50 miles away to arrest. I do however realize that if i get stopped they'll see that warrant. I'm most concerned with the information about my taxes. At the moment I'm attempting a lawsuit against the city. But If I go to file taxes at the end of the year, will my background come up when doing so? or will it avoid me being able to get certain things i need like a bank account or something?
  #5  
Old 10-10-2006, 04:46 PM
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Quote:
Originally Posted by nessamunky87 View Post
They never sent a letter to my house, they went to my house there, since i still have family there. They went the day before the case was to go to trial. and i didnt find out till it was too late because, my probation officer wanted me to call her as soon as possible to avoid going to court, and when i tried she never answered, and i called the same day she went to my house. I'm pretty sure that at this moment their not going to waste money coming for me, because of the place, because they had a posting saying that they would only go up to 50 miles away to arrest. I do however realize that if i get stopped they'll see that warrant. I'm most concerned with the information about my taxes. At the moment I'm attempting a lawsuit against the city. But If I go to file taxes at the end of the year, will my background come up when doing so? or will it avoid me being able to get certain things i need like a bank account or something?
That still does not answer the question of whether you got permission to move or not. The moment you moved without permission your PO can violate you. A lot of times they just wait until you show up for your next appointment and call the police for the violation. Since you did not show they issued a warrant for you.

I would not trust that 50 mile thing you are talking about. Depending on how serious your offense will determine if they come and get you. The thing is you did not leave the state you simply moved farther away from your PO. It is not thier problem if you could not make it to your appointment. That is your responsibility to get there.

You need to turn yourself in before this becomes an even bigger mess than it is now.
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