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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 10-17-2006, 12:03 PM
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Join Date: Oct 2006
Posts: 1

Notification of warrant required?


What is the name of your state? TX

Recently, I was stopped and arrested for DWI. While I was being booked, they found an outstanding warrant for me for a bounced check and failure to appear. I wasn't even aware of the warrant until I was being booked. I had to pay bond for all three offenses.

I don't doubt that I had a check bounce, I had some financial difficulty last year and received letters about 2 checks that I immediately went and took care of, no problem. Somehow, I never heard of any others. I had moved about that same time so maybe it got lost in the mail.

Here are some interesting facts about this warrant:

1) I was stopped for my light on my license plate light being out by city police in the county where had the warrant. This was about 5 months after my other 2 bounced checks but I only received a warning about the light, no mention of the warrant.

2) The judge that I have to see in court for the bad check married my wife and I in May of this year in his court room, 4 months before I was arrested. There was no mention of a warrant.

3) I worked for 9 years immediately across the street from the county jail where I was taken when I was arrested, they never came to my work to ask about the outstanding warrant.

Here are the questions:

Are Texas records that bad that this didn't show up for city police?
Is communication between departments so poor that the judge's ofice wouldn't see reference to an outstanding warrant?
Is the need for money so great they allow things to slip through the cracks in order to get larger fines?

I would gladly have taken care of the bad check had I known about it. I still don't know where the check was written to. I don't keep every check carbon but I will probably start now. Like I said, when I was notified about the other two by the establishments I wrote them to, I immediately paid them.

Should I say anything or just pay my fines and move on?

Thanks.
  #2  
Old 10-17-2006, 12:42 PM
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Join Date: Nov 2005
Location: South Cackalacky
Posts: 15,040
When you reviewed your bank statements, and received bounced check notices, you were informed that more than 2 checks bounced. They did notify you-by mail. It probably did get lost in the move. The other facts that you mentioned weren't that interesting. Sorry.
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  #3  
Old 10-18-2006, 02:05 AM
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Join Date: Jun 2005
Posts: 2,425
And, your point was ?

Do you think the Judge should have taken your fingerprints and run a rap sheet before marrying you to your wife ?


You appear to be slam-dunk guilty, but knock yourself out - take this to jury trial and tell the jury it's everyone's fault, but yours.
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