Warrant for Falsely Accused Offense

[jkiii]

What is the name of your state? LA
I am in Louisiana. I got pulled over at 2:30 am coming home from work as a Network Systems Engineer (Computers...late night problems)...I got pulled over for 66 in a 55 for speeding. I am OK with that...but was told I have a warrant out for theft in 2003. I had no idea what he was talking about. He did not bring me in (Thanks) but told me to take care of this ASAP. I spent the entire next day talking with the sheriffs Dept and the DAs office to figure this out. Apparently is is for gas theft for 16.00. from the same gas station right by my house that I frequent about every other day...for more than two years. I have never been told anything nor been notified by any person or agency of this. I make well above middle class earnings and did not so anything of the such. I was told by the DAs office to immediately turn myself in and be booked and then I could bond out and argure/fight this at a future court date.
I have three kids, a wife, and a career...I DO NOT want my name placed in the paper for theft due to the defamation characteristics. what are my options to get this taken care of without condemning myself to finger printing, and defamation. I am 35 and have NO record of anythng whatsoever except a 1 speeding ticket in 1995. If I have to get a lawyer...can I sue for the costs and defamation of this? But the main question is DO I HAVE TO TURN MYSELF IN for this even though it is a mistake?
Thanks and I hope for an answer...

 

[Some Random Guy]

Get documents

Well some clerk at the store reported you for a drive off theft. I would suggest that you gather up any documentation you have - credit card receipts, check registers, etc. Make a list of the charges/checks to this business from 2002-now.

This is a difficult crime to prove that you did not commit, since it is your word against a store clerk, and that store clerk may no longer be working there, leaving you with only their record of your plate number. So either they wrote down your plate when somebody else was stealing gas, or else they wrote down your plate to cover their own theft.


if you can show a pattern of buying gas at the store, it may help to show that you are a loyal customer and not a thief.

also, how well do you know any of the clerks?

 

[jkiii]

Thanks for the info. I do not know them personally...but always talk to the few I see regulary as in "how are you today", etc? But again thanks

 

[Curt581]

but was told I have a warrant out for theft in 2003. I had no idea what he was talking about. He did not bring me in

That was a major break there. Normally the cop has no choice. An open warrant is actually an order from a judge to any LEO to take you into custody, to produce you before the court to answer criminal charges. As a rule of thumb, they are NOT discretionary.

Apparently is is for gas theft for 16.00. from the same gas station right by my house that I frequent about every other day...for more than two years. I have never been told anything nor been notified by any person or agency of this. I make well above middle class earnings and did not so anything of the such.

Maybe so, but don't try to use that as a defense. More people than not steal for other than economic reasons. Rich kids steal all the time... even when they've got the cash in their pocket to pay at the time of the theft.

I was told by the DAs office to immediately turn myself in and be booked and then I could bond out and argure/fight this at a future court date.

I would urge you to do so at your earliest opportunity. Better to do it when convenient, then to wait until you get stopped again. Next time, you probably won't get warned. You'll get handcuffed.

I have three kids, a wife, and a career...I DO NOT want my name placed in the paper for theft due to the defamation characteristics. what are my options to get this taken care of without condemning myself to finger printing, and defamation.

My suggestion is to contact an attorney ASAP, and take him with you to the court that issued the warrant. He'll tell you the nuts and bolts procedure, but maybe you can go to the clerk's office, have them send the case file to the court, and get an adjourned court date. That should get the warrant cleared so you won't get arrested some night.

I am 35 and have NO record of anythng whatsoever except a 1 speeding ticket in 1995. If I have to get a lawyer...can I sue for the costs and defamation of this?

The only people you could sue might be the gas station... IF you've got proof you paid for the gas on the date and time in question. Ask your attorney.

But the main question is DO I HAVE TO TURN MYSELF IN for this even though it is a mistake?

Unfortunately, Yes. It's the only way to clear the warrant.

 

[jkiii]

Thanks for your info...What is an 'adjourned court' date?

 

[Curt581]

Thanks for your info...What is an 'adjourned court' date?

The term is probably different in Louisiana, but here it just means your next court hearing date.

Now, your next appearance would be called a "warrant return", meaning that the case was held open until you were returned to court on the warrant. The court does three things. They ask if you were ordered in, and if so, why you didn't appear, necessitating the warrant being issued. They formally advise you of the charges, by giving you a copy of the criminal complaint, determine if you're represented by council, and if bail is necessary. Finally, they'd schedule a new date to appear, rather than hold you in custody. The date they give you is called an "adjourned court date". That's when you come back for pretrial motions, etc.