Legal Question in Criminal Law in California

My husband has a Class B misdemeanor bench warrant in Texas dates back to '95. He would like to get a California Driver's liscence but is afraid if he has a traffic violation he will be extradited back to Texas. He's 72 years old and lives on a fixed income, the reason he can't fix the warrant. He can't fly back or even drive back because of the cost.


Asked on 2/17/10, 4:57 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Then your husband should drive very carefully. There is nothing the California courts can do about a Texas warrant.

You may want to re-submit this question under Texas law to find out how likely it is that he would be extradited (it might be quite unlikely) and whether there is an economical way to adress the outstanding warrant.

Good luck.

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Answered on 2/22/10, 5:20 am
Terry A. Nelson Nelson & Lawless

There are no magic wand solutions for him. He either goes to court in TX 'in pro per' to turn himself in on the warrant and deal with the problems and criminal charges, or hires a TX attorney to go with / for him. He needs to discuss this with a TX criminal defense attorney. If he can't afford to hire an attorney, then he could personally appear in TX court ask that TX judge to appoint a public defender. Unless he properly deals with this problem / warrant, at some point he is going to come in contact with law enforcement or ICE, and risk getting taken away in cuffs to await extradition. Yes, that can happen. Whether it would is up to TX to decide to extradite or not. They may choose not to. He'd have to post bail to get out of jail in CA while waiting for that process to run its course. He is not supposed to be able to obtain a CA [or any other state] drivers license with a warrant outstanding, from anywhere, for anything. If he went to DMV he risks arrest. If he is stopped for a traffic violation anywhere, he risks arrest. Sorry, but that's real life. Courts everywhere take failures to appear and warrants real serious.

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Answered on 2/22/10, 3:19 pm


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