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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 04-30-2007, 02:41 PM
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Warrant out for arrest, wanting to get resolved.


What is the name of your state? Texas

Good day, my name is Lewis. This is an issue for a female friend of mine. Her current situation is that she is living in a battered womens shelter, and has just had a baby which is now 8 days old. Several months ago she got charged with passing hot checks in another county than the one she currently resides. It seems that the charges have now turned into a warrant for her arrest. She was contacted by the county to ask her to turn herself in, or expect to have someone come arrest within 2 weeks. She has tried to talk with the county on more than one occasion to resolve this issue, but they don't seem to want to budge. They either wish for her to pay the entire warrant and charge off, which is around $400, or she will be arrested on site, and put in jail for 8 days. As she has just had a child, and wishes to NOT go to jail, she is rather upset, also because she is just starting back working in a few days. Not enough time to get the money, and if they find her before the two weeks, she will be thrown in jail. Now, the county, in question, does have a payment plan system, but when she asked about the payment plan, she was told she could do it, but it would not stop her from being arrested for her warrant if she was found. The issue comes to, basically how can she pay, and not go to jail. I might be able to loan her the money in the near future, i.e. a few days, but that is another question we are having. If she goes in to pay the warrant, what keeps them from arresting her then. She has no other warrants or anything, but I have had that problem happen to a friend. He went in to pay the warrant, and was arrested. I don't want that to happen. If i can pay it off what process would i have to go through to pay it off for her, and what would i need? Thank you for your tiime.

Lewis
  #2  
Old 04-30-2007, 03:20 PM
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Not to be rude, but it sounds as if your "friend" waited until after the baby was born, to decide to take care of this matter in the hopes that the birth would keep her out of jail. Is that correct?
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  #3  
Old 04-30-2007, 05:54 PM
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Well, she had contacted them before the baby was born, several times to resolve the issue. They told her the same thing then though, that she would have to pay it full out, or a warrant would still be issued for her arrest. The situation didn't happen till later in her pregnancy, and after that, she was unable to continue working for medical reasons. Now that she has had the baby, she is about to start working again, but now they are pushing the issue. Is just one of those things, the situation and timing has been extremely bad. I am just trying to find out what to do in this issue. As she really can't be going to jail, she wants to take care of the issue, but they don't want to seem to cooperate with her, to get it resolved.
  #4  
Old 04-30-2007, 05:58 PM
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Q: I am just trying to find out what to do in this issue.

A: Surrender.
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  #5  
Old 04-30-2007, 06:25 PM
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Best case is for her to turn herself in with the baby and the $400 in tow. Sounds like they'll give her a court date and not arrest her if she comes in and posts the $.

It's always possible to get arrested, nevertheless. Usually when this happens, someone has other warrants they don't know about in another jurisdiction, or there is a problem with the paperwork so the jail's info says arrest and detain or body only, whereas the court's paperwork simply says $400 bond.

I advise never to turn-in on a Friday. More likely she'll end up sitting all weekend. Better to go in as early in the morning as possible (5-7 a.m.) so in the worst case scenario, she can still get in front of a judge in the morning to get released.

In some jurisdictions, you can show up in court, get your file pulled, and get in front of a judge to turn-in. In that case, she could ask the court to set a lower bond or no bond and release her on her own recognizance because she is not a flight risk and she turned herself in.
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  #6  
Old 05-01-2007, 03:54 AM
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If she turns herself in, don't bring the baby.

In court, that ticks off Judges - some will remand & have CPS called to pick up the baby.

Don't risk the baby going to CPS.
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