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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27765
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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A friend was sent a letter from sheriff in Texas . letter said

Customer Question

a friend was sent a letter from sheriff in Texas . letter said they were holding a warrant for arrest. Letter said they must go to court clerks office with notice and ID. then it said you may also make payment over the phone. this would be a 35 yr. old complaint.what should he do?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
Does your friend have any idea of what this offense in Texas could be for? Does he or she have reason to believe that this letter was valid?
Customer: replied 2 years ago.
Sorry ,i was called away.Drunk driving and he said he believes it is real.What he needs to know is what is the odds they would arrest him and take him to texas from ca. if he paid it. its $199.00 .its been 35 yrs.
Customer: replied 2 years ago.
he has no problem paying it . also it says capias pro fine.
Expert:  Zoey_ JD replied 2 years ago.
There is no chance at all that Texas will extradite him from California on a misdmeeanor warrant. States don't extradite for misdemeanors. It's too expensive and would cost far more to bring you back than you owe to the state of Texas.
What they typically do if he won't pay it is to suspend his driving privilege in Texas which would cause him to lose his license in CA and force him to return to TX to pay the $199.
Customer: replied 2 years ago.
he has no problem paying the fine . it was filed as a fitst time misdemeor., biut it was acually the 2nd time . he says he heard the 2nd time in texas is a fellony.
Customer: replied 2 years ago.
isnt there a staute of limitation? 35 yrs.
Expert:  Zoey_ JD replied 2 years ago.
There's no statute of limitations on a criminal court sentence. The statute of limitations ends when the case is filed with the court. If he owes a fine and he failed to pay it, then the case was filed and the statute of limitations is not applicable in this case. Statutes of limitations are generally tolled when a defendant leaves the state.
Texas will extradite on a felony, and it might be wise for him to contact a Texas criminal lawyer and let him look into the case and find out if this is only a simple fine on a misdemeanor or if the police are fishing around to find his whereabouts on a felony matter.