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Wronfully Arrested-now 1 1/2 Yr Later No Conviction Still

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vigil-gafford

Junior Member
My husband was arrested on September 2004 in Texas. The sheriff found one of our trash bags (we live in the country) on the side of the road with a pile of trash and piles of garbage, they wanted to give us a ticket for littering but we did not put our trash on the side of the road. So they went back to go look into it and they came back saying that they found a license plate to a stolen boat in our trash. They asked my husband several questions and then left. About a week later the sheriff came back around 10:00 at night and arrested him for theft. They were accusing him of having a gang of thief’s. They searched our property (3 acres) and found nothing. I bailed him out the next day 500.00 and he has not heard anything since. He still has to call into the bails bonds every Monday and they tell him no court date every time. They have never charged him of the crime as well or dropped the case. So it has been 1 year and 5 months since the arrest.

My question is how long do they keep it open till the case is dropped? We know they don’t have a case but we don’t know what we can do.

How can we get the case dropped?

Do we have to hire a lawyer? We just don’t have the extra money to do so…..

Since he was not convicted can this arrest show up on a background check for employment?
 


seniorjudge

Senior Member
vigil-gafford said:
My husband was arrested on September 2004 in Texas. The sheriff found one of our trash bags (we live in the country) on the side of the road with a pile of trash and piles of garbage, they wanted to give us a ticket for littering but we did not put our trash on the side of the road. So they went back to go look into it and they came back saying that they found a license plate to a stolen boat in our trash. They asked my husband several questions and then left. About a week later the sheriff came back around 10:00 at night and arrested him for theft. They were accusing him of having a gang of thief’s. They searched our property (3 acres) and found nothing. I bailed him out the next day 500.00 and he has not heard anything since. He still has to call into the bails bonds every Monday and they tell him no court date every time. They have never charged him of the crime as well or dropped the case. So it has been 1 year and 5 months since the arrest.

My question is how long do they keep it open till the case is dropped? We know they don’t have a case but we don’t know what we can do.

How can we get the case dropped?

Do we have to hire a lawyer? We just don’t have the extra money to do so…..

Since he was not convicted can this arrest show up on a background check for employment?


What did the prosecutor say when you husband asked his questions?
 

vigil-gafford

Junior Member
He has never talked to a prosecuter, or a lawyer. he has only talked to the sherif that arrested him and the judge that set the bail amount.
 

Kane

Member
The statute of limitations for felony theft is seven years; two years if it was a misdemeanor.

If the value of the boat was more than $1500, it was a felony.

There's nothing you can do until or unless he's charged. In the meantime, the more time that passes, the better it is.

He doesn't need to hire a lawyer.

I don't know whether the arrest would show up on a background check. It depends on who was doing the checking.
 

seniorjudge

Senior Member
vigil-gafford said:
He has never talked to a prosecuter, or a lawyer. he has only talked to the sherif that arrested him and the judge that set the bail amount.
If you want to know the answer to his questions, he should ask the prosecutor.

If you do not want to know the answer to his questions, then wait seven years and hope for the best.
 

Kane

Member
It's probably not a good idea to talk to the prosecutor. In criminal cases, the best thing that can happen is nothing. If the state has dropped the ball, you don't want to pass it back to them.
 
In my state, NM, when you get arrested, the bond is set and you either bond out quickly and then go to an arraignment hearing or you sit in jail for a day or two until there is an arraignment hearing. If you've bonded out, the hearing decides whether to allow the bond to stand or they raise it and you're back in jail trying to come up with the additional bond. If you go straight from the jail to the arraignment, the hearing decides whether the bond stands, lowers, raises, recinds it, or for time served maybe let out on o.r. Then there is a court date within the week to plead guilty or not, at which time you can waive your right to a "speedy" trial or the court will set a court date within a reasonable amount of time. If you have waived this right, then it is at the court's discretion when to set the date. It could take a long time. If you are arrested, you have to be charged with a crime after 72 hours. There has to be a charge of a crime for there to be a bond set. It sounds like your case got lost in the system, somewhere. Instead of alerting the prosecutor of the court's fauxpas, you can check the case yourself, online. As Texas doesn't not have a central system for criminal cases, you will have to go to your county. If you state the county, I'll give the online address, as there are far too many to print here.
 
It sounds like they want to keep an eye on him in case something else comes up. You need to keep checking every week cause they could slip a court date in real fast if he fails to call and keep checking the status of it then they would issue a failure to appear.
 

vigil-gafford

Junior Member
i2mscrewed said:
In my state, NM, when you get arrested, the bond is set and you either bond out quickly and then go to an arraignment hearing or you sit in jail for a day or two until there is an arraignment hearing. If you've bonded out, the hearing decides whether to allow the bond to stand or they raise it and you're back in jail trying to come up with the additional bond. If you go straight from the jail to the arraignment, the hearing decides whether the bond stands, lowers, raises, recinds it, or for time served maybe let out on o.r. Then there is a court date within the week to plead guilty or not, at which time you can waive your right to a "speedy" trial or the court will set a court date within a reasonable amount of time. If you have waived this right, then it is at the court's discretion when to set the date. It could take a long time. If you are arrested, you have to be charged with a crime after 72 hours. There has to be a charge of a crime for there to be a bond set. It sounds like your case got lost in the system, somewhere. Instead of alerting the prosecutor of the court's fauxpas, you can check the case yourself, online. As Texas doesn't not have a central system for criminal cases, you will have to go to your county. If you state the county, I'll give the online address, as there are far too many to print here.
Thank you .....good info.....we live in Burleson County in Texas
 

vigil-gafford

Junior Member
RedemptionMan said:
It sounds like they want to keep an eye on him in case something else comes up. You need to keep checking every week cause they could slip a court date in real fast if he fails to call and keep checking the status of it then they would issue a failure to appear.
thank you....he does call religiously every week.....but i didn't know that would happen if he forgot. thanks!
 
RedemptionMan said:
It sounds like they want to keep an eye on him in case something else comes up. You need to keep checking every week cause they could slip a court date in real fast if he fails to call and keep checking the status of it then they would issue a failure to appear.

Absolutely. RedemptionMan makes a serious point here. Whatever
vigil-gafford does, KEEP CHECKING EVERY WEEK, even if you access online to keep track...does not guarantee that it is not a day late, especially in this case where it may have been lost in the system.
 
vigil-gafford said:
Thank you .....good info.....we live in Burleson County in Texas
Texas has most of its' counties online with the exception of a few... unfortunately Burleson County being one of them. On the other hand, you can access (maybe) on the main Texas site:

http://records.txdps.state.tx.us

Records can be pulled from the website with a fee: $3.15 per request.
The individual county sites don't charge which is what I was hoping to get you.

Note: Although everyone is accepted by application to search the main site, they scrutinize each application with a background check so...it may have to be your wife that does this for you. But, the check she asks for might just put a spotlight on the case, which you don't want.

So...I would stick to checking with the bail bonds co. but, since they obviously have access to your case, you might ask them to bring up everything (status) about it for you.
 

ceara19

Senior Member
vigil-gafford said:
My husband was arrested on September 2004 in Texas. The sheriff found one of our trash bags (we live in the country) on the side of the road with a pile of trash and piles of garbage, they wanted to give us a ticket for littering but we did not put our trash on the side of the road. So they went back to go look into it and they came back saying that they found a license plate to a stolen boat in our trash. They asked my husband several questions and then left. About a week later the sheriff came back around 10:00 at night and arrested him for theft. They were accusing him of having a gang of thief’s. They searched our property (3 acres) and found nothing. I bailed him out the next day 500.00 and he has not heard anything since. He still has to call into the bails bonds every Monday and they tell him no court date every time. They have never charged him of the crime as well or dropped the case. So it has been 1 year and 5 months since the arrest.

My question is how long do they keep it open till the case is dropped? We know they don’t have a case but we don’t know what we can do.

How can we get the case dropped?

Do we have to hire a lawyer? We just don’t have the extra money to do so…..

Since he was not convicted can this arrest show up on a background check for employment?
I'm a little confused here. Are your trash bags monogrammed? How is it they knew it was your trash bag if they didn't open it BEFORE they came to issue you a ticket? You stated they didn't look in the bag until AFTER they tried to issue the ticket.
 

hermit1

Junior Member
vigil-gafford said:
My husband was arrested on September 2004 in Texas. The sheriff found one of our trash bags (we live in the country) on the side of the road with a pile of trash and piles of garbage, they wanted to give us a ticket for littering but we did not put our trash on the side of the road. So they went back to go look into it and they came back saying that they found a license plate to a stolen boat in our trash. They asked my husband several questions and then left. About a week later the sheriff came back around 10:00 at night and arrested him for theft. They were accusing him of having a gang of thief’s. They searched our property (3 acres) and found nothing. I bailed him out the next day 500.00 and he has not heard anything since. He still has to call into the bails bonds every Monday and they tell him no court date every time. They have never charged him of the crime as well or dropped the case. So it has been 1 year and 5 months since the arrest.

My question is how long do they keep it open till the case is dropped? We know they don’t have a case but we don’t know what we can do.

How can we get the case dropped?

Do we have to hire a lawyer? We just don’t have the extra money to do so…..

Since he was not convicted can this arrest show up on a background check for employment?
I can only answer as far as common sense goes.

He had the license plate for a boat in your trash? They came back later and arrested him? For what? They released him per bond? You can't just search trash for a good reason. Furthermore, you don't just bail someone out without knowing what the charges are.

To figure out how long before the case (if any) is dropped, and what your obligations in the meantime are, i think a good lawyer is a good bet. To me, it sounds like they had good cause to arrest, given the shady info, so I doubt it's going to "go away", anytime soon... I bet they know the SOL better than you or I do in their state. I woudlnt' count on it 'going away'.

I can't see how it could show up on a background check, unless he was under indictment, but that should be pretty obvious by then, he would probably be under house arrest or something.

I wouldn't think you should worry about getting a lawyer unless/until charges are filed. If you have some kind of specific code or violation that has a serious penalty, I think getting a lawyer could help?
 
Bail Bonds Companies generally want 10% of the whole bond unless its for someone who has had trouble previous to this with "failure to appear" but that's usually reflected when the bond is set by setting a bond that is stipulated as the whole bond amount without a bonding company or setting where property is also requested. So, I'll venture to say his bond was set at $5,000. He has obviously been "charged" with the crime, which most likely is in the felony category to have a bond set in the $5,000 range or there is a previous history or record. I am guessing that the police dept that arrested him in the first place is still investigating or trying to make a "deal" with someone in the "gang" to incriminate him and/or catch the rest of said "gang", in which the case would be considered "open" otherwise the charge would go to the DA's office where they decide if there is enough to take it before a "grand jury". If so, a letter will be sent so that the accused can show up to defend himself (never a good idea, because then the prosecutor will use that testimony, and the original statement before arrest, and the trial statements- and any little change between them all will be mercilessly thrown in the defendants face, which then in turn makes the jury think the defendant is not telling the truth). The grand jury listens to any witnesses there are (usually the arresting officers) and then makes a decision on whether there is enough to "indict" the accused. If so, the accused will be sent a criminal notice that the grand jury has found enough evidence to "indict" the accused and that there will be a criminal trial. He obviously isn't under "house arrest" as this would have been a condition when the bond was set. The paperwork upon leaving jail that was given to him would have stated exactly what the charges were, that he was arrested for.

As far as showing up on a background check for a job...I won't say it wouldn't...but it shouldn't until convicted of the crime (also depends on job and type of clearance on how in-depth the check will be).

Call up the non-emergency police phone number (you can get that by calling information-do not call 911 as this is not an emergency call) and ask where you can pick up a copy of a police report. They will tell you. It's on file usually 10 days after the incident (obviously it'll be there being that it is over a year later). For a small fee to pay for the copy of each page (its worth knowing exactly what the report says, any statements made, why you were arrested, etc.) you can get pretty much everything you want to know and exactly what they have for evidence about the whole incident and arrest. You can also request a copy of the belt tape and/or transcript of the exact conversation of the incident from their belt tape if it was recorded (should have been) (cost varies: price of cassette tape and a little more). Also you can request a tape or transcript of the conversation of the police conversation over the radio (harder to get but not impossible). When you are accused and charged with a crime, you have the right to copies of this and copies of any evidence or statements that were used against you to charge of this crime and that will be used in court against you.

Start with obtaining the police reports (the first incident report, the report of arrest, and any others pertaining to this situation). It is helpful to have the name, social security number and dates of incidents. As this is public information, your wife can obtain these for you, if you are worried about going in yourself. If you don't know specific dates, they can bring up a list of all reports they have and a brief description of what each report is, that you can pick from. You'll be surprised how much they have that is connected to your name...every little incident...no matter how small, is there...stuff you won't even remember from...gadzooks...10-15 years ago?

Don't go right before closing, right before lunch hour, or immediately after lunch hour. Sometimes clerks can be hostile if there is a line behind you...then just go s.l..o...w...e...r. Or...ask politely if their supervisor might happen to have a tad more patience to help you instead. Remember, you're paying for the pages...you want to get the right ones...so take your time.

As far as monogrammed trash bags... what ever it was will be stated on the reports that you get. Getting copies of these police reports will not put any spotlight on you as this is just the police file office, and they could give a
sh-t as they are police file clerks not investigators.

It's a good idea to get an attorney for a felony case such as this...if you can't afford one...get a public defender if this goes to trial. Sometimes good attorneys will do "pro bono" cases if in low income or no income status.

Sometimes, the nearest university law school has a phone center that is manned by law students that will try to answer law questions that you might have and/or explain legal procedure to you. Some law offices have a legal hotline that will answer generic questions by pushing the number of a category that you want and then answers with a recorded reply (pretty useless in my book). Remember, that you can make an appointment to talk with an attorney and they usually won't charge you for that first hour, but they'll be able to look up on their computer exactly what the status of your case is and what you are up against, and discuss your options. Ask your questions, discuss your chances and options, and ask what is required for a retainer and if it is possible to make payments. Thank the attorney for his/her time and state that you have a couple more appointments with other attorneys and will then make a decision or say that you have to talk it over with your wife and that you'll get back. But, you'll find out the straight poop on how serious this is.

AND, for God's sake...stay out of trouble...no traffic tickets...no parking tickets...NOTHING. If this eventually goes to court, you will want to push the fact that since your arrest, you have been a model citizen...that there is nothing on your record since...not even a parking ticket...NOTHING...it makes a big difference in how a jury perceives you.
 

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