Legal Question in Criminal Law in Texas

arrested in tx for poss of contr subst (meth)

arrested in tx for poss of meth in dec/05-bonded out($10,000)-didn't have $ for att-calling bondsman once a week(I had moved to tx in dec/05 after living in calif for 15yrs)I ran out of funds & went back to ca in 4/06-still calling bondsman as if I was still in tx-bondsman tells me my arraignment date is apr18/06--of course I didn't make it--stopped on 7/19/06-felony arrest warrant from tx-hire att in ca--no bond when I go to court in ca-judge sets bond at $500,000-att talks to da & judge in tx trying to get bond there so I can go back to tx & take care of this-judge says no--so I go to court on 7/31-sign papers to be extradited to tx-than I was released on 8/3/06-my attorney found out after I was released that tx had said they wouldn't be coming to get me--but that the charges still stand--tx from the day I was arrested in ca--the sheriff called tx from his car & they said yes definitely they wanted me--the charge actually was failure to appear in tx-the officers kept asking me(I had told them I was arrested for poss of meth) how much did you have a pound-did you murder someone or what? tx told my attorneys--yes they definitely wanted me in tx-so no bail/bond--paid att in ca-3,500-2k to tx att-call him in 2/3wks-can case be dism?


Asked on 8/19/06, 4:56 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: arrested in tx for poss of contr subst (meth)

Probably not, but why should it be? I understand that you had few options when you were broke and that returning to California seemed more promising than staying in Texas, but you had to make sure your return didn't violate any laws and that you would be able to get back for any court dates. It seems you didn't even try to do these things. Being poor is no excuse for breaking the law.

The other problems you have encountered are your fault, not Texas's. You're the one who left the jurisdiction but pretended you still lived there, and you're the one who missed an important court date. And even the confusion about extraditing you seem to have been caused by California rather than by Texas.

I doubt very much that Texas will waive its interest in punishing violations of its laws even if it had been responsible for your problems. Since it wasn't, I doubt that its courts would even take a request for dismissal seriously, let alone grant it.

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Answered on 8/19/06, 5:46 pm
TC Langford Langford Law Office

Re: arrested in tx for poss of contr subst (meth)

Mr. Hoffman is correct.

The Texas court has two valid charges, both the FTA and the Possession. Since you have hired lawyer in Texas -- that lawyer is in the best position to advise you of your options.

Whether or not the extradition was botched -- does not affect the remaining Texas charges.

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Answered on 8/21/06, 12:20 pm


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