So, I have a warrant in Texas... Advice? - Page 3

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[ARCHIVED THREAD] - So, I have a warrant in Texas... Advice? (Page 3 of 4)

Posted: 9/11/2010 8:57:08 PM EDT

[#1]

Quoted:

Quoted:

Go on the offense. Sue them for malicious complaint. ( not a lawyer so I don't know the correct legal term.) That's clearly what they did.

Moot now. They're no longer in business.

Doesn't mean you can't still go after the former owner.

Posted: 9/11/2010 8:57:34 PM EDT

[#2]

Dude... bad juju. Get it taken care of asafp.

Just because some people tell you they won't extradite doesn't mean you might not run across that one officer, department, or agency that will hold you in your current state due to the warrant in the other state.

Warrants aren't to be fucked with and this isn't the 70's where you can just stay out of the state. That shit will get you in the ass one way or another. Ask me how I know.

Call the courts and DA in Texas and I'm sure it will be dropped. Then you need to verify the warrant was canceled.

Don't play with this and take internet advice that you're "all clear just avoid TX"

Posted: 9/11/2010 8:59:31 PM EDT

[#3]

Quoted:
Just a different facet on this.

I had a reckless driving "conviction" that was cleared/cleaned up back in 1993. Unfortunately the arresting authority didn't close out or show the issue resolved.

Fast forward to 2004. I had to make a business trip to Canada. They ran my passport (Canadian Customs) and determined I had "something" on my record that would disqualify me from being allowed to enter the country. I had no idea what the heck it could possibly be. After some singing and dancing, they allowed me to enter, so long as I paid for a "work permit".

Fast forward again to 2007 and I find out when getting my CHL that there is an outstanding charge of DUI in the state I was in in '93. That was the original charge, but it was reduced to reckless driving when it was determined I was not intoxicated, just stupid. The campus police hadn't ever updated their records, so as far as it stood, I had an outstanding DUI charge. I got it resolved by getting a copy of the disposition from the county clerk.

Now I have to have that piece of paper every time I go to Canada to show I do not have a DUI on my record.

So....to all the ones saying don't go to Texas, I'd offer up that going to other countries MAY present challenges also. Obviously Mexico doesn't care, they just want gringo money.

I read 3/4 of your post before I realized that you weren't Old_Painless. I was trying to picture him driving recklessly and traveling to Canada.

Posted: 9/11/2010 9:02:17 PM EDT

[#4]

Quoted:

Don't play with this and take internet advice that you're "all clear just avoid TX"

I wouldn't take internet advice. Which is why I talked to 4 attorneys in Texas when it came up.

However, I AM going to take the advice I've gotten here and move forward to try to clear it up.

Posted: 9/11/2010 9:04:31 PM EDT

[#5]

Quoted:

Quoted:
What happened to SC-Texas?

If I had my bar card, I would look into this for you for alot less than $2500. Maybe if you want to wait another 18 months?

banned

But for what?

I couldn't remember why, so I just tried to google search for it. Want to know what the first google result was? THIS thread. Damn google is fast.

This is second hand, but IIRC he posted a fake letter from or news article about some gun-related business owner or someone along those lines on here and got everybody riled up at the guy even though nobody checked the authenticity of the letter. Making a point about GD being overly quick to demonize people without any corroborating information, I guess.

The point was lost on Site Staff.

Oh yeah, that's right.
http://www.ar15.com/archive/topic.html?b=1&f=5&t=901823&page=1

Posted: 9/11/2010 9:08:38 PM EDT

[#6]

Quoted:

Quoted:

What happened to SC-Texas?

If I had my bar card, I would look into this for you for alot less than $2500. Maybe if you want to wait another 18 months?

banned

But for what?

For this http://www.ar15.com/archive/topic.html?b=1&f=5&t=901823

and mainly for not playing nice with the staff member who took offense.

http://www.ar15.com/archive/topic.html?b=1&f=5&t=902262

SC Went out of his way to GIVE, yeah I said GIVE as in without compensation, me some legal advice on an issue I had. He may have misbehaved but his banning did not improve the site.

Posted: 9/11/2010 9:09:27 PM EDT

[#7]

Quoted:
I'd sue the rental company over this.

Posted: 9/11/2010 9:13:02 PM EDT

[#8]

Quoted:
My buddy still has a warrant from the 1960s in San Francisco. He beat the shit out of some hippie and stuffed him in a garbage can upside down. He was arrested and bailed out. He hasn't set foot in California since.

ROFL, I'd be proud to have a warrant like that

Posted: 9/11/2010 9:13:25 PM EDT

[#9]

Quoted:

SC Went out of his way to GIVE, yeah I said GIVE as in without compensation, me some legal advice on an issue I had. He may have misbehaved but his banning did not improve the site.

+1!

Posted: 9/11/2010 9:14:36 PM EDT

[#10]

Quoted:
Call the texas department of chili and threaten to put beans in chili unless it dissapears.

They can take care of it!

T

Logical fallacy. Real chili already has beans in it.

Posted: 9/11/2010 9:16:29 PM EDT

[#11]

Does an outstanding warrant from another state make one a "fugitive from justice"? If so, this absolutely has to be fixed.

Posted: 9/11/2010 9:21:41 PM EDT

[#12]

Quoted:
Does an outstanding warrant from another state make one a "fugitive from justice"? If so, this absolutely has to be fixed.

I guess not, since the ATF approved 5 NFA transfers for me while the warrant was active. It seems to be a fugitive, you have to flee to avoid prosecution. I didn't.

ETA: Just think of the clusterfuck that that would cause. There are probably millions of misdemeanor warrants out there...

Posted: 9/11/2010 9:24:13 PM EDT

[#13]

Detailed, but important question...

Was the "case" against you filed by an individual or by "spanky's happy wedding party rental company" which is now out of business.

by filing for "theft of service" are they filing for the ACTUAL rental during your wedding that you never paid, or are they attempting to nail you for all of that time that it sat there unused? One is a criminal matter, the other is civil. you need to talk to that detective that laughed so hard at your story too and have him talk to the DA as well. Also, find out what your bail would be and if it is bondable.

Good luck.

Posted: 9/11/2010 9:24:16 PM EDT

[#14]

Quoted:

Quoted:
Does an outstanding warrant from another state make one a "fugitive from justice"? If so, this absolutely has to be fixed.

I guess not, since the ATF approved 5 NFA transfers for me while the warrant was active. It seems to be a fugitive, you have to flee to avoid prosecution. I didn't.

I certainly wasn't implying that you were. I just didn't know what the term meant. I hope everything works out.

Posted: 9/11/2010 9:24:27 PM EDT

[#15]

Quoted:

Quoted:
Does an outstanding warrant from another state make one a "fugitive from justice"? If so, this absolutely has to be fixed.

I guess not, since the ATF approved 5 NFA transfers for me while the warrant was active. It seems to be a fugitive, you have to flee to avoid prosecution. I didn't.

ETA: Just think of the clusterfuck that that would cause. There are probably millions of misdemeanor warrants out there...

Not true completely.

I think for FOJ it has to be a felony warrant - but even then, there are those don't know that they have felony warrants out for them.

ETA: Not completely sure about the exact details really.

Posted: 9/11/2010 9:26:32 PM EDT

[#16]

Quoted:

Quoted:

SC Went out of his way to GIVE, yeah I said GIVE as in without compensation, me some legal advice on an issue I had. He may have misbehaved but his banning did not improve the site.

+1!

Yep. He did some work for me and he accepted ammo in payment.

Posted: 9/11/2010 9:27:40 PM EDT

[#17]

Quoted:

Quoted:
What happened to SC-Texas?

If I had my bar card, I would look into this for you for alot less than $2500. Maybe if you want to wait another 18 months?

banned

But for what?

I couldn't remember why, so I just tried to google search for it. Want to know what the first google result was? THIS thread. Damn google is fast.

This is second hand, but IIRC he posted a fake letter from or news article about some gun-related business owner or someone along those lines on here and got everybody riled up at the guy even though nobody checked the authenticity of the letter. Making a point about GD being overly quick to demonize people without any corroborating information, I guess.

The point was lost on Site Staff.

Oh yeah, that's right.
http://www.ar15.com/archive/topic.html?b=1&f=5&t=901823&page=1

Well, I was about 3/5 right. Not bad for a memory of secondhand 1.2 year-old information.

Posted: 9/11/2010 9:28:48 PM EDT

[#18]

Quoted:
Detailed, but important question...

Was the "case" against you filed by an individual or by "spanky's happy wedding party rental company" which is now out of business.

by filing for "theft of service" are they filing for the ACTUAL rental during your wedding that you never paid, or are they attempting to nail you for all of that time that it sat there unused? One is a criminal matter, the other is civil. you need to talk to that detective that laughed so hard at your story too and have him talk to the DA as well. Also, find out what your bail would be and if it is bondable.

Good luck.

It was filed by "Xxxx Xxxxx Rentals, LLC'.

They're apparently trying to nail me for the time period that it sat unused. I paid for the time it was used, in advance. The total loss claimed is less than $500, because it's a Class B misdemeanor, I'm not sure what the actual amount is, or how they came up with it. If I could just pay the $ (less than $500) I might do that just to make it go away. Even if they're out of business, maybe that's an option. It's cheaper than an attorney and if they won't dismiss it, cheaper than flying back and forth and getting hotels. I couldn't tell you the name of the detective if my life depended on it. I'm going to send a letter on Monday and see what they say.

(edit name of business, opsec)

Posted: 9/11/2010 9:32:23 PM EDT

[#19]

Quoted:
Get a lawyer to deal with it.....and have him call and threaten legal action against the party supply company for filing false charges against you. It was their responsibility to pick up the tables and shit and they did not.

.

Posted: 9/11/2010 9:35:07 PM EDT

[#20]

Quoted:
You may be fine, unless you go to Texas or travel by air again. Also, the way states are cooperating with each other (interstate violators compact) they may eventually all agree to suspend drivers licenses in your home state for warrants in other states.

Yep.

Hire a lawyer to appear in court on your behalf.

Posted: 9/11/2010 9:36:01 PM EDT

[#21]

Isn't there a statue of limitation on such things?

Posted: 9/11/2010 9:39:36 PM EDT

[#22]

Quoted:
Isn't there a statue of limitation on such things?

Yup. But the SOL stops once a warrant or information is filed with the court. Basically the SOL only lasts until reported to the court.

In other words, if the company hadn't filed with the court until 2 years and 1 day later, they would have been out of luck. As it was, they only waited 1 year and ~2 months.

Posted: 9/11/2010 9:39:39 PM EDT

[#23]

Go to Texas, DO NOT turn yourself in.

Before you go, contact a lawyer specializing in plaintiff work (making claims against people and suing people) and have him file suit against this rental place now.

Trade dropping the suit against them (which you would win easily) for them doing all the work to get your name cleared and paying you enough to pay your lawyer. If they won't play ball, go forward with the suit and you won't have to pay a penny of your money to get this taken care of.

A rental place cannot abandon property with you and then allege theft. Doing so may even be a criminal act in itself.

Posted: 9/11/2010 9:40:20 PM EDT

[#24]

Post "bail" on the warrant.
Have a lawyer ask for discovery.
Have the lawyer appear at a prior trial for you and file a motion to dismiss.

The prosecution isnt going to want to go forward on a case this old especially if they cant locate the "victim" or any witnesses.

sometimes its worth it to hire a lawyer, this is one of those times.

Posted: 9/11/2010 9:40:29 PM EDT

[#25]

Quoted:
Go to Texas, DO NOT turn yourself in.

Before you go, contact a lawyer specializing in plaintiff work (making claims against people and suing people) and have him file suit against this rental place now.

Trade dropping the suit against them (which you would win easily) for them doing all the work to get your name cleared and paying you enough to pay your lawyer. If they won't play ball, go forward with the suit and you won't have to pay a penny of your money to get this taken care of.

A rental place cannot abandon property with you and then allege theft. Doing so may even be a criminal act in itself.

They're out of business. I just want the issue dropped.

Posted: 9/11/2010 9:43:27 PM EDT

[#26]

Quoted:

If it such a "BS warrant" why not get a lawyer and take care of it. You have this big story on how stupid the whole thing is why not relate the story to the police department that issued the warrant.

3 different lawyers said $2500 to "take care of it".

Posted: 9/11/2010 9:46:29 PM EDT

[#27]

Yikes!

Since the (LLC) plaintiff is no longer in business shouldn't it be a simple matter of dismissing the charge?

I'd think a local (AZ) lawyer would be able to handle that for not much money (even for a TX case). Be sure to get it expunged if possible after cleared up.

Good luck.

Posted: 9/11/2010 9:47:10 PM EDT

[#28]

Quoted:

Quoted:
Go to Texas, DO NOT turn yourself in.

Before you go, contact a lawyer specializing in plaintiff work (making claims against people and suing people) and have him file suit against this rental place now.

Trade dropping the suit against them (which you would win easily) for them doing all the work to get your name cleared and paying you enough to pay your lawyer. If they won't play ball, go forward with the suit and you won't have to pay a penny of your money to get this taken care of.

A rental place cannot abandon property with you and then allege theft. Doing so may even be a criminal act in itself.

They're out of business. I just want the issue dropped.

Sue the former owner of the business personally or tell the DA the story and see if he is willing to pursue charges for someone making a fraudulent report of criminal activity, grossly wasting his time and the time of local law enforcement. He should at least be willing to drop the charges and withdraw the warrant.

Posted: 9/11/2010 9:53:09 PM EDT

[#29]

Quoted:

Quoted:

You.

Are.

Fucked.

http://i46.photobucket.com/albums/f136/mordifie/walker-texas-ranger-01-g.jpg

Any wrong you do he's gonna see

When you're in Texas look behind you

Cause that's were the ranger's gonna be

Posted: 9/11/2010 10:05:19 PM EDT

[#30]

IM sent

Posted: 9/12/2010 12:00:02 AM EDT

[#31]

Get this shit settled ASAP.

Don't plea it down.

You didn't do anything knowingly and/or intentionally, therefore you did nothing wrong.

Posted: 9/12/2010 4:14:23 AM EDT

[#32]

Quoted:

Quoted:

If it such a "BS warrant" why not get a lawyer and take care of it. You have this big story on how stupid the whole thing is why not relate the story to the police department that issued the warrant.

Because it's $$$. Thus far it hasn't affected my life in any way. And according to attorneys it won't. Going to court always has risks. Even though I *know* I'm innocent, shit happens. That and the fact that having to be out of town for any amount of time, if it came to that for court, costs me even more money.

Also, this is kinda why I brought it here. I want to know what other people would do.

money or not why have that shit hanging over your head???.....

Posted: 9/12/2010 4:20:38 AM EDT

[#33]

Quoted:

Quoted:

Don't play with this and take internet advice that you're "all clear just avoid TX"

I wouldn't take internet advice. Which is why I talked to 4 attorneys in Texas when it came up.

However, I AM going to take the advice I've gotten here and move forward to try to clear it up.

I think this was great advice "avoiding Texas is all well and good but what happens if you go on vacation and just happen to get pulled over for speeding or some silly tail light violation??. Do you want to deal woth this now over the phone/internetz/USmail or do you want to have it pop up when you do not expect it because this is exactly the kind of thing that would do exactly that.

Posted: 9/12/2010 4:29:27 AM EDT

[#34]

If I were you, I would have it taken care of. If for no other reason, at least give yourself the piece of mind knowing that the warrant is vacated.

Posted: 9/12/2010 4:31:55 AM EDT

[#35]

Tell em I did it, I aint never going back to that state again. I'll take one for the team.

Posted: 9/12/2010 4:34:47 AM EDT

[#36]

A previous owner of my home has 12 warrants for his arrest, it made the conversation with the Sheriff a little interesting when I wanted two CLEO sign-offs for NFA as my place is his last known address.

Kharn

Posted: 9/12/2010 4:41:59 AM EDT

[#37]

Quoted:
I'd sue the rental company over this.

wouldn't cost near 2500 I dont think. I would look into this also.

Posted: 9/12/2010 4:42:53 AM EDT

[#38]

You need to deal with this.
You do not want a warrant hanging around out there for any reason, period.
DO NOT go to Texas and surrender yourself.
Write a letter (or have a lawyer write one for you) requesting the warrant be quashed. The facts of the case are in dispute, but there is no one to speak against you. The statute of limitations is past. It's not a felony charge. Should get removed with no problem.

Posted: 9/12/2010 4:43:50 AM EDT

[#39]

Good luck with that! Hope the DA drops it. What a beating to go through.

Posted: 9/12/2010 4:56:36 AM EDT

[#40]

Quoted:
You may be fine, unless you go to Texas or travel by air again. Also, the way states are cooperating with each other (interstate violators compact) they may eventually all agree to suspend drivers licenses in your home state for warrants in other states. I would contact the company you rented from (maybe through a lawyer) and try to negotiate a dropping of the charges. You may be able you buy your way out of it without going to court.
It's worth a shot.

The Interstate Violator's Compact only applies to traffic offenses. Since we still have a constitution that is vaguely followed, you are innocent until proven guilty. It would seem to me that the statute of limitations is up (7 years) and you don't have anything to fear, whether you are in Texas or not. If you do travel to Texas and are stopped by the police and checked for warrants, you will probably be hassled a little, but prosecution of the warrant doesn't seem to be an option at this point.

Posted: 9/12/2010 5:02:32 AM EDT

[#41]

Call the court (not the DA) where the arrest warrant affidavit was filed, in Wyoming it would be a circuit court. If the judge has issued a warrant for you the affidavit is probably a matter of public record. Have them fax/mail a copy of the warrant affidavit to you. If the warrant was issued then someone believes they have PC to arrest you and judicial review to do so. Find out what their case is. It may be that the rental company told them a bunch of lies and never sought you out for your end of the story.

Disclaimer: In Wyoming arrest affidavits are a matter of public record, I would imagine they are in Texas, but I am not a Texan..

Posted: 9/12/2010 5:14:46 AM EDT

[#42]

Why dont you just call the PD in Tx that handled the case

Posted: 9/12/2010 5:15:51 AM EDT

[#43]

Quoted:

Quoted:
You may be fine, unless you go to Texas or travel by air again. Also, the way states are cooperating with each other (interstate violators compact) they may eventually all agree to suspend drivers licenses in your home state for warrants in other states. I would contact the company you rented from (maybe through a lawyer) and try to negotiate a dropping of the charges. You may be able you buy your way out of it without going to court.
It's worth a shot.

That would be my worry. Just because they won't extradite now, doesn't mean they won't in the future.

Yeah, I'm sending a certified letter to the San Antonio DA on Monday. I'll let you guys know what comes of it.

this is my opinion.....

Posted: 9/12/2010 5:22:50 AM EDT

[#44]

Quoted:

Quoted:
Get a lawyer to deal with it.....and have him call and threaten legal action against the party supply company for filing false charges against you. It was their responsibility to pick up the tables and shit and they did not.

Honestly, it would be my word against theirs. I don't have anything proving they were supposed to pick up. I had a receipt many years ago, but tossed a lot of that stuff when we moved to AZ. Never knew it would be important to keep. And I guarantee they aren't going to provide one showing they were supposed to pick it up.

Sometimes just the call...."This is Peter Dewey, from the Law offices of Dewey, Screwem, and Howe....I would like to speak to the owner of your company about a lawsuit my client is filing against you for filing a false police report...." does the trick.

Edit....just read the post at the top of page 3 that they are no longer in business...but you should still have an attorney call the former owner and raise a stink.

Posted: 9/12/2010 5:23:15 AM EDT

[#45]

Watch your back pilgrim. They've rounded-up a posse and their ridin' hard!

Wanted, Dead or Alive.

Posted: 9/12/2010 5:32:02 AM EDT

[#46]

During a child custody dispute with my ex in 1993, I called the local PD in California where she lived with my son. I hadn't heard from them in a couple of weeks and had the PD do a welfare check for me. I was living in Florida at the time.

The detective I spoke with called me back and told me that my son was fine, and then asked me if I knew there was a warrant out in Orange County for me, dating from 1983, for failure to pay a fine.

I had briefly worked for a guy driving a roach coach, and had gotten a minor violation (expired permit). The owner of the truck told me to go to court and whatever it was he would pay the fine. It turned out to be about $150. So I give him the judgement, he said he'd take care of it, and that was it. Or so I thought.

Anyway, next time I was in California I went with my brother to the clerk's office, and I sent him in to pay the fine and penalties, in cash, and got a receipt and a slip stating the warrant was vacated. I carried those in my wallet for the longest time afterward.

Posted: 9/12/2010 5:32:41 AM EDT

[#47]

Quoted:

Quoted:
I'd sue the rental company over this.

Rental Company only complained......they realy don't have any liability.....it's the judge that issued the warrant that reviewed the probable cause....and said there was enough evidence to arrest you, sucks...

Posted: 9/12/2010 5:50:33 AM EDT

[#48]

Quoted:

Quoted:
If it such a "BS warrant" why not get a lawyer and take care of it. You have this big story on how stupid the whole thing is why not relate the story to the police department that issued the warrant.

3 different lawyers said $2500 to "take care of it".

Yeah. Take care of it.

Take care of it my ass. I'll spoil the plot on this little movie.

What those bastards are going to do is go straight down to their old college roomate at the DAs office and cut a deal whereby you plead guilty for a suspended sentence. Then the 2 of them will take your money and head straiight to the strip club.

Three years later when you want a clearance, the conviction will pop up and you will be screwed, blues and tattooed.

Make damned good and sure the attorney knows good and well that if he isn't going to get you a clean record than the deal is off.

Posted: 9/12/2010 6:09:26 AM EDT

[#49]

Quoted:

Quoted:
they check you for warrants coming in and out of the country??

Apparently only coming in. No one said a word as I was going out.

Hell, you'd think the Passport folks would let you know "Hey, this is only good for leaving the country, if you try to come back, we'll toss you in jail", but nope.

I would think they would check the people leaving for warrants also. I mean, they are leaving.

Posted: 9/12/2010 6:47:48 AM EDT

[#50]

I would go ahead and get it cleared up, it will pop up on things like job background checks, and even if you only go out of the country a few times, is the hassle worth it? $2500 seems kinda high, but not sure of local rates.

You need to get it expunged otherwise it will continue to follow you around.

[ARCHIVED THREAD] - So, I have a warrant in Texas... Advice? (Page 3 of 4)

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