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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 30895
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My fiance is currently in Texas being held on a warrant of

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My fiance is currently in Texas being held on a warrant of absconding probation. He was held on this warrant before two different times and not picked up. Can he file a "Writ of Mandamus" for double jeapordy--that the warrant should no longer apply or not be able to be used as the state of Texas didn't come to pick him up for the same warrant before?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Roger replied 5 years ago.

No, he can't do this. Double jeopardy only means that a person cannot be prosecuted twice for the same charge/offense.


If this is a new warrant due to his failure to turn himself in, it's a new charge he's facing.

Customer: replied 5 years ago.
It is the same warrant, he was held for absconding probation in Las Vegas and they never extradited him.
Expert:  Roger replied 5 years ago.
Ok. So long as he was never taken in/extradited on this warrant, it is still outstanding and he can be picked up on it.
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