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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 01-19-2008, 12:56 AM
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Join Date: Jan 2008
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Lifting a warrant


What is the name of your state? Texas

Hi and thank you for taking the time for reading my situation.I have a 5 tickets in which they have become warrants.I requested at the my local Municipal Court if I could appear in court to resolve the the issue of my tickets,but was told the time had passed and was unable to recieve a court date and from what I can understand basically needed to pay the amount.Penalties were added too.So my following questions are.I do agree that I was guilty,but Is there a way to lift the warrants in my situation and request a court date and plead guilty,but possible pay the original sum of the tickets with out the penalties?

Thank you in Advance
  #2  
Old 01-19-2008, 01:03 AM
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Join Date: Jul 2005
Location: Massachusetts
Posts: 14,040
Quote:
Originally Posted by LS7_MAN View Post
What is the name of your state? Texas

Hi and thank you for taking the time for reading my situation.I have a 5 tickets in which they have become warrants.I requested at the my local Municipal Court if I could appear in court to resolve the the issue of my tickets,but was told the time had passed and was unable to recieve a court date and from what I can understand basically needed to pay the amount.Penalties were added too.So my following questions are.I do agree that I was guilty,but Is there a way to lift the warrants in my situation and request a court date and plead guilty,but possible pay the original sum of the tickets with out the penalties?

Thank you in Advance
I doubt it. But if it were possible you won't be able to do this without an attorney.
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  #3  
Old 01-19-2008, 09:57 AM
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Failure to appear on a ticket creates a separate offense. Even if you have a defense to the underlying crime you were charged with, you still seem to admit that you are guilty of the failure to appear. Legally they can arrest you on the spot even if you are there to pay the sum total of every ticket, including the FTA. As a matter of practicality, if you are there to pay they will just let you, but you won't be walking out of there if you've still got the warrant. In other words I think you've got to go in and pay everything or turn yourself in and deal with the FTA's, then bond out and get a court setting on your tickets.

My suggestion is to pay all of the tickets and the FTA and then immediately request an appeal. You'll have to pay the appeal bond which is double the ticket amount, so basically you will be paying twice as much total. But you will get a court date at the county court and appeals from JP or Municipal courts are trial de novo, meaning its like a whole new case. Once there you can work on all your cases and present your defenses. Prosecutors also tend to not give a damn about the tickets in county court so you can get some great plea deals. We'd always use to dismiss five cases for every one that they plead to.

You don't need an attorney to do any of this, but it does help.
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