Legal Question in Criminal Law in Texas

aftter being stopped, I was told I had a warrant for theft by check from 1993 and arrested. Was this legal from 18 yrs ago?


Asked on 4/24/11, 10:04 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Yes. Warrants do not simply go away or expire. If you had a warrant and the officer confirmed it, then you could rightfully be arrested.

There is a great chance you can get the case dismissed, particularly if it is a misdemeanor. If the company is no longer in business, there is no one to make restitution to. The question will be whether the State can come up with witnesses to prove that you wrote the check.

If the company is in business, then there is great chance that if you make restitution and pay the relevant fees, the case will be dismissed - again, because it will be difficult for the State to locate witnesses because the case is so old. They will not be motivated, especially if their complainant is made whole with restitution, to locate the witnesses to continue prosecution.

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Answered on 4/24/11, 10:54 pm


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