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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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Old 04-01-2008, 08:00 PM
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Join Date: Apr 2008
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Warrant For Arrest And Not Guilty


What is the name of your state? TX
Following case: Individual with felony on his record, not on parole, out of prison for a year and a half without any problems. His former boss files for a warrant for the individual's arrest over a break-in to a store overnight ($ 104.00 were stolen). The thief is on camera, it was verified with the former boss that the individual is NOT the person on the video tape and therefore did not committ the crime.
The former boss advised that according to the DA, he would only have to sign an affidavit and the charges would be dropped along with the warrant for the individual's arrest, that the police is informed that the arrest will not be pursued so the individual will basically not be arrested unless pulled over in a vehicle.
This was three weeks ago and nothing has happened.
The former boss claims he is doing whatever possible and the DA is supposed to pick up the tape from his office in order to drop the charges.
Every time the individual calls to the DA's office, he is told 'to turn himself in', so to have himself arrested, then go to jail until a court date and beat the matter in court.
How is this possible if the individual is innocent? Obviously he has to go to work to make a living and does not want another arrest on his record and go to jail for a crime he did not commit.
The former boss claims that the problem is the individual's former felony and therefore the authorities would like nothing more than to see him behind bars again.
A call has been put in to an attorney and the attorney advised, the cost for this issue would be $ 3000 to fix the matter.

Now my question, obviously:
can this matter be resolved without the individual turning himself in? What has to be done on his part/ on the part of his former employer? How much longer will this process take? According to the DA's office clerk, it usually takes 1-2 days to drop charges on such an issue- but again the clerk claims that the individual should turn himself in.
I am lost to what the options are and how to be able to resolve this issue without having to hire an attorney for several thousand dollars.
Any advice is appreciated.

thank you
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