simple assault

What is the name of your state (only U.S. law)? Texas
My wife was served with an arrest warrant, but did not ever see the the warrant, instead the officer at my door ask to speak with me outside my home and told me that he was there to arrest my wife for a simple assault charge(class C misdemeanor). In telling me this he said if I could pay the fine immediately, I could avoid her going to jail, so I did. Why would she have gotten an arrest warrant for a class C misdemeanor in the first place, since there had'nt been any notice of any court dates or going in front of a judge, yet? Have any rights been violated from my wife, and why did they talk to me instead of her? Now it sounds like she plead quilty, but how if she hasnt personally received any documents for this charge or been order to appear in court or anything like that?

If an officer has probable cause that any offense has occurred, but they no longer fall within the warrant exception that would allow them to arrest without a warrant, then the officer files the case with the appropriate court and either files for a warrant or lets the court issue a summons. Either method is acceptable so there is nothing surprising about an officer showing up at your door to serve a warrant on a Class C misdemeanor. Does your wife even know what this alleged assault stems from though?

Your wife didn't plead guilty and you didn't pay a fine, you paid a cash bond in the amount of the fine. I have heard of officers collecting the bond money this way and then going and depositing it with the court's registry. I have always thought it incredibly improper for officers to do this but nevertheless it does happen. Surely the officers gave you a receipt for the money and some documentation regarding it serving as the bond. There's nothing improper or strange about talking to you about this since you would be the one posting her bond.

You should be able to find out which court (justice of the peace or municipal) your case would be filed in. You should contact the court for information regarding the charge and what her court date would be.

outtogetme said:

What is the name of your state (only U.S. law)? Texas
My wife was served with an arrest warrant, but did not ever see the the warrant, instead the officer at my door ask to speak with me outside my home and told me that he was there to arrest my wife for a simple assault charge(class C misdemeanor). In telling me this he said if I could pay the fine immediately, I could avoid her going to jail, so I did. Why would she have gotten an arrest warrant for a class C misdemeanor in the first place, since there had'nt been any notice of any court dates or going in front of a judge, yet? Have any rights been violated from my wife, and why did they talk to me instead of her? Now it sounds like she plead quilty, but how if she hasnt personally received any documents for this charge or been order to appear in court or anything like that?

Click to expand...

How much was the $$ the cop collected?