Ticket for foul language in 8th grade

[canviskiller]

Irving,Texas

When i was 12 years old in 8th grade i got a ticket for foul language my parents never paid this ticket nor gave any care for it. About a week ago i got pulled over and went to jail for a warrant (im 20 years old now) the officer said i had a warrant out of irving for failure to appear and i would be held for 24 hours and released if irving pd didnt pick me up or i just pay the $600...well i paid the $600 to get out as i had work later that day.

I got a letter in the mail from irving as to what i want to do with that $600 and if i want to plead guilty or not guilty if i plead not guilty and it gets dismissed i get my money back question is what is the chance this will get dismissed and who would i contact to help with this matter?

 

[CSO286]

Irving,Texas

When i was 12 years old in 8th grade i got a ticket for foul language my parents never paid this ticket nor gave any care for it. About a week ago i got pulled over and went to jail for a warrant (im 20 years old now) the officer said i had a warrant out of irving for failure to appear and i would be held for 24 hours and released if irving pd didnt pick me up or i just pay the $600...well i paid the $600 to get out as i had work later that day.

I got a letter in the mail from irving as to what i want to do with that $600 and if i want to plead guilty or not guilty if i plead not guilty and it gets dismissed i get my money back question is what is the chance this will get dismissed and who would i contact to help with this matter?

Well, it wasn't your parents' ticket to pay. It was yours (even if you were only 14).

You contact the courts.

Appear (with or without counsel) at the hearing to contest/request dismissal.

Contact the prosecutor's office to plead out or they also might be able to process a dismissal (paperwork possibly can be done by mail or fax).

 

[tranquility]

I'd fight it. Let them bring in 'ol Miss Fussypants and see if she remembers events.

Besides:
http://law.onecle.com/texas/penal/8.07.00.html

 

[Antigone*]

Irving,Texas

When i was 12 years old in 8th grade i got a ticket for foul language my parents never paid this ticket nor gave any care for it. About a week ago i got pulled over and went to jail for a warrant (im 20 years old now) the officer said i had a warrant out of irving for failure to appear and i would be held for 24 hours and released if irving pd didnt pick me up or i just pay the $600...well i paid the $600 to get out as i had work later that day.

I got a letter in the mail from irving as to what i want to do with that $600 and if i want to plead guilty or not guilty if i plead not guilty and it gets dismissed i get my money back question is what is the chance this will get dismissed and who would i contact to help with this matter?

Talk about what goes around comes around. You might want to get a consult with a local attorney. You really don't want this on your record.

 

[canviskiller]

Talk about what goes around comes around. You might want to get a consult with a local attorney. You really don't want this on your record.

Do i just google local attorneys? this is the only ticket iv ever gotten and im pretty lost as to what to do.

also do i contact a attorney local to where the ticket was written or my current home town? (about 50 miles east of where it happened)

 

[OHRoadwarrior]

Here is the FA lawyer contact link:
https://www.freeadvice.com/

You want a lawyer near the court, to avoid paying him/her travel expenses.

 

[Banned_Princess]

You probably don't need a lawyer.

 

[LdiJ]

Do i just google local attorneys? this is the only ticket iv ever gotten and im pretty lost as to what to do.

also do i contact a attorney local to where the ticket was written or my current home town? (about 50 miles east of where it happened)

Before you actually RETAIN an attorney just talk to one to get a feel for the situation and just how serious it might be. However, if I were in your shoes I would probably plead not guilty. Once I got in front of a judge I would point out that I was 12 years old when it happened, 8 years ago. I had completely forgotten about it and I certainly was not in a position at 12 years old to do anything about it...and that I had no idea why my parents didn't handle it back then.

Also, have you talked to your parents about the situation and why they didn't handle it?

 

[canviskiller]

Before you actually RETAIN an attorney just talk to one to get a feel for the situation and just how serious it might be. However, if I were in your shoes I would probably plead not guilty. Once I got in front of a judge I would point out that I was 12 years old when it happened, 8 years ago. I had completely forgotten about it and I certainly was not in a position at 12 years old to do anything about it...and that I had no idea why my parents didn't handle it back then.

Also, have you talked to your parents about the situation and why they didn't handle it?

Yeah this is exactly what im going to do...im sure the judge will understand where im coming from and the reason they never handled it is because back then they said it didn't matter(aka they didn't wanna pay it which honestly $300 for a foul language ticket is pretty crazy lol.)

I really appreciate all the help iv gotten and the timely responses ill update to let you guys know what happened when i go to court on Sept,11.

 

[justalayman]

has anybody read Tranq's link? I suspect not

here is the first verbiage from the law linked:

§ 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A
person may not be prosecuted for or convicted of any offense that
the person committed when younger than 15 years of age except:

 

[OHRoadwarrior]

Tranq made a very good post which appears to be the solution to OP's issue. OP should make sure to request the court order expungement of the warrant and arrest records.

 

[CavemanLawyer]

Section 8.07 does not apply here. Read section (4). Municipal/JP courts have jurisdiction and authority to convict minors as long as it is a fine only class C offense other than public intoxication.

Also she is not being charged with the foul language violation anymore (it seems) she is now being charged with the separate offense of failure to appear. There is actually a specific statute that deals with this. Take a look at CCP 45.050. http://law.onecle.com/texas/criminal-procedure/45.050.00.html
Once she becomes an adult she technically commits a separate offense of failure to appear. In order to prosecute for this they had to send specific notice, which they may or many not have done correctly.

Do NOT plead guilty. The amount that you paid is equal to 100% of the fine. Even factoring in an average of about $100 in court costs you can easily just walk in there and negotiate a lower fine to pay that will come out to a total of less than what you have paid. Depending on whether they gave proper notice the case may have to be dismissed. Also there is a requirement that they file a formal complaint and information once you fail to appear otherwise the statute of limitations continues to run. Alot of municipal/JP courts don't bother to do his in the hopes that the person gets picked up within the statute of limitations (2 years.) If they didn't file the complaint than they are barred from prosecuting you.

 

[tranquility]

Section 8.07 does not apply here. Read section (4). Municipal/JP courts have jurisdiction and authority to convict minors as long as it is a fine only class C offense other than public intoxication.

Also she is not being charged with the foul language violation anymore (it seems) she is now being charged with the separate offense of failure to appear. There is actually a specific statute that deals with this. Take a look at CCP 45.050. http://law.onecle.com/texas/criminal-procedure/45.050.00.html
Once she becomes an adult she technically commits a separate offense of failure to appear. In order to prosecute for this they had to send specific notice, which they may or many not have done correctly.

Do NOT plead guilty. The amount that you paid is equal to 100% of the fine. Even factoring in an average of about $100 in court costs you can easily just walk in there and negotiate a lower fine to pay that will come out to a total of less than what you have paid. Depending on whether they gave proper notice the case may have to be dismissed. Also there is a requirement that they file a formal complaint and information once you fail to appear otherwise the statute of limitations continues to run. Alot of municipal/JP courts don't bother to do his in the hopes that the person gets picked up within the statute of limitations (2 years.) If they didn't file the complaint than they are barred from prosecuting you.

Thanks for that. I posted the law as I didn't know if the penalty for the crime was only a fine so I let the person decide.

What is the code/case that has a FTA of a child be a crime when they turn an adult?

 

[justalayman]

is the charge considered a "penal ordinance"? I guess that would be akin to an infraction in the rest of the country.

If so, dammit, this is a 1st amendment issue. Watch out John, here we come.



so, any chance they did not attempt to prosecute this in due time and it can be dismissed? Seems like Texas had a fairly strict law regarding failure to prosecute and the actions allowable due to such a failure.

 

[tranquility]

is the charge considered a "penal ordinance"? I guess that would be akin to an infraction in the rest of the country.

If so, dammit, this is a 1st amendment issue. Watch out John, here we come.



so, any chance they did not attempt to prosecute this in due time and it can be dismissed? Seems like Texas had a fairly strict law regarding failure to prosecute and the actions allowable due to such a failure.

While I see many issues like how Miss Fussypants felt the words of a 12 year old rose to the level of a fight, cavemanlawyer is the most correct of all the poster's I've seen here so will accept without understanding. She says, not guility. Why, and for what reasons require more facts. Bottom line is the OP has some issues that can be discussed in court to his benefit.

Not. Guilty.