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My daughter had an accident. She was not given a ticket but was told that if she paid $1,000 she would not be arrested. She was served a warrant on Sunday and arrested. She was not mirandized. She was released on bond without seeing a judge. This is correct procedures in Texas.

Submitted: 645 days and 8 hours ago.
Category: Legal
Value: $30
Status: AWAITING CUSTOMER ACTION
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Optional Information

Optional Information:
Burleson, Texas

Already Tried:
My daughter is going to see a lawyer next week.

Posted by Justice For All 645 days and 1 hours ago.

Info Request

Why was she arrested?

Who told her to pay and she would not be arrested?

645 days ago.

Reply

She was told that they had a warrant for her arrest. Detective Ford who said he was from the Burleson Police Department told her. Other than that, she was given no notice of the warrant and no ticket was issued.

Answer

If she had a warrant already out for her arrest at the time of the accident, she should have been taken into custody at that time. Not allowed to go home and then later be arrested.

This is just one of the issues that needs to be dealt with. The second is being told to pay money to avoid arrest. If a warrant was already issued, money being paid would not stop the warrant in any shape or form.

Third, your daughter should have been mirandized. If she wasn't, anything she said after being arrested can be thrown out of court.

They are allowed to release on bond without seeing the judge depending on the nature of the charges.

If this is her first offense, speak with your lawyer about youthful offender status. This would enable her record of this to be sealed.

I hope this helps! If this has helped, please accept so that I may continue to help others as well.

Jennifer

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Expert: Justice For All
Pos. Feedback: 100.0 %
Accepts: 
Answered: 2/15/2008

Attorney at Law, JD

Over 8 years of legal experience /family law, general practice, and criminal defense.

644 days and 11 hours ago.

Reply

Reply to Justice For All's Post: There was no warrant at that time. The warrant was issued because she did not pay the $1,000. She has never been in any trouble with the law.

Posted by Justice For All 644 days and 11 hours ago.

Info Request

Ok. I am confused. What in the world were the charges? What was the $1000 for? I have NEVER heard of this before.

644 days and 9 hours ago.

Reply

Reply to Justice For All's Post: She had a car accident. The police came to the house to investigate it. She was not issued a ticket for it. A police detective called a week later and told her to pay $1,000 and no warrant would be issued. She did not receive any paperwork from the police department about anything to do with the wreck or payment. The police showed up at our house on Sunday to arrest her. There were two men and she asked to go to her room and get dressed. They said that they would have to go with her to her room. They stayed in the hall although.

Posted by Justice For All 644 days and 2 hours ago.

Info Request

I honestly am not sure what to tell you about this situation as it is highly unusual to get arrested for having an auto accident unless you were intoxicated or driving reckless. Even in these cases, arrest happens AT the accident. Since I am unsure about this, I am going to opt out and let another expert help you on this.

Jennifer

Posted by CALawyer 644 days and 2 hours ago.

Info Request

Was she actually taken to the city/county jail? Courthouse?

Have you called the police department (look the number up in the phone book) to find out if there was actually a warrant out?


644 days and 1 hours ago.

Reply

She was taken to the city jail. She checked last month and no warrant had been issued. Texas had set aside a day to serve warrants. I guess Sunday was the day.

Posted by CALawyer 644 days ago.

Info Request

Please call the police department tomorrow.

Ask them when the warrant was issued.

Ask them what the charges were.

Ask them what the $1000 requested was for (fine, penalty, etc.).

Ask them when/if any ticket, charge, information, or anything else was filed against the daughter.

Then tell them you are going to go there to pick up a copy of whatever they have, charges, reports, etc. Go there and pick it up.

Then post on here what their answers here.

644 days ago.

Reply

It might be Monday before I can find anything out. I will as soon as I get the info. Thanks.

635 days and 7 hours ago.

Reply

The police department informed us that they didn't have any of the case information. They said that our lawyer would have to subpeona all the information about the case. The lawyer office is currently trying to get the information, but having trouble finding the dates for the warrent and even the warrent itself. They told us it would take about a month to get all the information. THe lawyer said my daughter would be put on probation most likely if they couldn't get it thrown out.

Posted by CALawyer 634 days and 15 hours ago.

Info Request

It sounds like you're attorney is dealing with the situation. Did you have any pending questions for us?

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