No Citation,Summons, Why Arrest Warrant?

[GranSuz]

What is the name of your state (only U.S. law)?
Texas - Over a year ago, My Husband received a phone message to contact a Police Officer. The Officer asked my Husband if he would receive a ticket over the phone, for an accident that he said happened on a Restaurant Parking Lot several weeks eariler. My Husband had no idea and wasn't aware of any accident he could have been involved in, and told him NO. The Officer said He would turn his paperwork in to the city prosecuter and if My Husband didn't hear from her, to forget it. A week ago My Husband received a phone call from an Officer telling him if He would come pay his $600.00 fine for his Arrest Warrant from Oct. 2007, that he would get amnesty. My Husband asked what he was talking about. The Municipal Judge had issued a Warrant for his Arrest. He told him he knew nothing about it and He wasn't guilty of anything, and explained what the initial Officer had told him. We were told, we needed to hire an attorney, to get this taken care of, or He can be arrested and jailed if stopped for anything. How Can This Be? We've got to spend money for something He didn't do? He was never contacted until now? What does He need to do first, without showing up and getting arrested for not paying the fine? Please Help.

 

[patstew]

Contacting an attorney was good advice. Why your husband didn't do anything after the initial phone call is beyond comprehension -- a followup to the proper authority would probably have avoided all this.

 

[JETX]

How Can This Be?[/qutoe]
Clearly... very easily. He was contacted by an officer on a misdemeanor (presumably a 'hit and run') and refused the 'easy service'. They proceeded to the 'hard service'.
(Though I do believe there is FAR more to this than is being told).

We've got to spend money for something He didn't do?

How do you KNOW he didn't do whatever it is he is charged with?? It is possible that this was a 'hit and run' and someone might have gotten a wrong plate. The appropriate time for him to 'handle' it without any problems was when he was first contacted. He refused... and made the problem larger.

He was never contacted until now?

From your own post... "My Husband received a phone message to contact a Police Officer". He was CONTACTED.

What does He need to do first, without showing up and getting arrested for not paying the fine?

I doubt that there is a fine... other than court costs at this point. He needs to contact the court and find out the FACTS... or get an attorney to do it for him.

Oh, and next time he has an "accident in a parking lot", he needs to stick around until the police arrive.... or at least take care of it in a responsible manner.

 

[GranSuz]

Contacting an attorney was good advice. Why your husband didn't do anything after the initial phone call is beyond comprehension -- a followup to the proper authority would probably have avoided all this.

Because the Officer told him if He didn't hear from anyone, the prosecuter wasn't going to pursue anything, and to forget it. HE never heard from anyone, until now..... over a year later. There was never anything received in the mail, by phone etc.

 

[GranSuz]

Answer to JETX

Our Grandson and I were always with him when we went to eat. WE were not ever in an accident on the parking lot. The Officer said our vehicle pulled a chain link fence across other vehicles parked in the lot. We always parked in a parking spot. We DID go to the Restaurant and check this out. (We have Insurance and would never leave the scene of an accident.) The fence was on the adjacent lot of a closed Movie Theatre and was 1 to 2 feet above the Restaurant lot and was partially standing and lying down, all the way across, between the 2 properties. It was not maintained. We parked our vehicle in several different spots to see if we could have done this without knowing. I would think there would have been some kind of noise or jerk or something if you jerked a chain link fence across vehicles. Our vehicle didn't get close, even backed up against the parking spot curb. We even took pictures. We visited our Insurance Agent and told him what had been said and showed him the pictures, in case this was pursued. We Never heard from Anyone and assumed it wasn't pursued. That is what the Officer had said. "If we didn't hear from the prosecuter, to forget it, it wouldn't be pursued." Yes, He was contacted again, by an Officer....over a YEAR later. Read my 1st Post again.

 

[JETX]

That is what the Officer had said. "If we didn't hear from the prosecuter, to forget it, it wouldn't be pursued." Yes, He was contacted again, by an Officer....over a YEAR later. Read my 1st Post again.

I read your first post. Your/His claim that an officer said that means nothing.... unless you got it in writing. You can whine and cry all you want. The simple FACT is.... your husband was SUSPECTED of causing damage to other vehicle(s). He claims an officer called and asked if he would accept a 'phone ticket' (NEVER heard of that in Texas). He claims he said no and to 'forget about it'.

The FACT is... he (based on your post) did in fact get a ticket (where is it??) and was supposed to show up at court and didn't. If that is true, a FTA (Failure to Appear) warrant would have been issued (not a fine as you claim).

At this point, presumably a warrant is out there with his name on it. He can continue this whining and crying.... and get arrested at THEIR convenience. Or he can 'man up' and handle it at HIS convenience. Your only question should be HOW to do that... not to try to defend his actions (or inaction) on a free legal ADVICE site.

So, how to 'man up' and handle....
Option 1) Hire an attorney to look into the FACTS of this (no matter what version he tells you or them), or
Option 2) Contact the court and try to resolve.

Darlin', I have to think you are either being told a 'story' or hearing only what you want. His 'version' simply doesn't pass the Pelosi BS meter.

 

[GranSuz]

You are basically accusing me of lieing. I posted this to try to get help to understand the law on this issue. It has happened exactly as I have presented it. There has been no, AGAIN, - NO, CITATIONS, NO SUMMONS or ANYTHING issued. We do not have problems with the law and do not know how the law and courts operate. We are not crying or whining. We are not trying to get out of anything. I stated..WE HAVE INSURANCE. If this did happen, we would let our insurance company take care if it. BUT, it isn't right for anyone to be accused of something they didn't do and have to hire attorneys, pay fees, take the time, etc. You stated - if not in writing - means nothing. WE had never heard of a phone ticket either, is why this didn't make sense. What about a phone ticket? It would not be in writing. Could he have still issued it without notifying my Husband? **************Never mind, you don't have to answer that question, because you think I'm lieing. ALSO, You weren't reading......"WE WERE NOT IN AN ACCIDENT" where the Police were called and WE didn't stick around. As far as my "only question on a free legal advice site" and "defending his actions (or inactions)", YOU didn't have to read or post here. You asked questions and made statemments that were un-necessary. I have NOT been told a story. I have been a witness to it all.
"MAN UP" ,,,,That's what he is doing. Would you defend yourself? Are You an Attorney?

 

[JETX]

You are basically accusing me of lieing. I posted this to try to get help to understand the law on this issue. It has happened exactly as I have presented it. There has been no, AGAIN, - NO, CITATIONS, NO SUMMONS or ANYTHING issued. We do not have problems with the law and do not know how the law and courts operate. We are not crying or whining. We are not trying to get out of anything. I stated..WE HAVE INSURANCE. If this did happen, we would let our insurance company take care if it. BUT, it isn't right for anyone to be accused of something they didn't do and have to hire attorneys, pay fees, take the time, etc. You stated - if not in writing - means nothing. WE had never heard of a phone ticket either, is why this didn't make sense. What about a phone ticket? It would not be in writing. Could he have still issued it without notifying my Husband? **************Never mind, you don't have to answer that question, because you think I'm lieing. ALSO, You weren't reading......"WE WERE NOT IN AN ACCIDENT" where the Police were called and WE didn't stick around. As far as my "only question on a free legal advice site" and "defending his actions (or inactions)", YOU didn't have to read or post here. You asked questions and made statemments that were un-necessary. I have NOT been told a story. I have been a witness to it all.
"MAN UP" ,,,,That's what he is doing. Would you defend yourself? Are You an Attorney?

Okay, let's try this again...
Were you with your husband in his vehicle at the time when his vehicle "pulled a chain link fence across other vehicles parked in the lot"??

Were you on the phone and heard the conversation where the officer called and asked your husband if "would receive a ticket over the phone", or is this HIS version of what happened?? (Of course, I have NEVER heard of an 'over the phone' ticket in Texas).

And why EXACTLY did he refuse to accept this 'ticket'?? Any NORMAL person who is REALLY innocent would have said... What the heck are you talking about... and then would have not been afraid of the 'ticket'.

Bottom line here.... as I said in my LAST post... is that he either has to 'man up' and face the issue or continue to whine and moan about the problem... and then be forced to 'man up' when they arrest him.

 

[LSCAP]

It sounds to me like there were some lazy cops around. I mean, Phone calls?

 

[12345672]

No citation or summons?

I got a call a few years back about a warrant out on me. They wanted me to pay the fine over that phone and they would drop the charges. All they needed was my bank account information. There was no warrant. They were just trying to scam people.

Are you sure these are legit phone calls? It sounds like they may be. But if there are no citations and summons, something seems seriously wrong.

 

[GranSuz]

Called the Police Station

We are pretty sure they were legitimate because the phone numbers we called were at the Police Station, and would have to ask for the Officer that called. It sounded crazy to us because we had never heard of anything being handled in this manner, and thought someone was pulling a prank on us because we ate at that Restaurant so much. All the people we have talked to about this, can't believe what is going on, and can't offer any advice of how to handle it. Thanks for your post.