Legal Question in Criminal Law in Texas

I was cited for assault by contact in 3/08 in TX. I had to appear in court within like a week. I went to court, entered a "not guilty" plea and the judge said they would set a later court date. About a year passed and I hadn't heard anything yet and I wanted to leave the state. I asked an attorney and he said yes.

This year I received a notice that I had a bench warrant issued and I could pay a fine around $800 to clear it and to also enter a plea. I called the courthouse and the person stated that I had missed a court date scheduled in 8/11 and that her records showed all my letters were sent back because I didnt update my address with them, only the USPS.

Can I contact the courts and ask them to drop this mess since they waited so long or are they still within their legal rights to persue this case? If this is legit and I pay the $800 and enter a "guilty" plea, will this mean that I will have criminal charges on my record? I think the $800 is the fines I would be required to pay had this played out in court unless Im wrong. I am considering just paying it to end the fear of getting pulled over and arrested. Although the charge is very minor I can't help but wonder if I could be sent back to TX. Or, if I send the $800 and plead "not guilty", will I have to travel back to TX for court? They told me the $800 would be refunded if not guilty.

I'm far from TX and I don't have a very good income to travel or hire an attorney. I feel as though I am stuck in a tough spot because I can come up with $800 and plead guilty but I don't want a conviction by checking the "guilty" box on the payment form. On the other hand, if I pay the $800 and get scheduled a later date, I'd be out the $800 upfront plus travel costs to TX. Or ignore the courts and let this warrant stand and potentially get arrested and face more charges for failure to appear, contempt, etc.

Thank you!


Asked on 9/25/12, 8:35 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

I suggest you hire a lawyer in the city where this is filed to check into it. 3.5 years to bring a case to trial is way long - but, unfortunately, there are some dockets that are that backed up. If indeed the docket is that backed up (and the case wasn't simply lost in the system), then your lawyer would have to argue that you are unable to defend yourself for whatever reason (such as loss of a witness, etc.)

If you pay the fine, you will have a conviction for both assault and failure to appear. If the assault case involves a family member, it is possible (not necessarily probable) that the case could be used against you in the future if you ever got charged with family violence assault to enhance the new charge to a felony.

If you live in another state, even if you are stopped, you will NOT be arrested on this warrant. The cost involved in extraditing a person is far too great. They will not extradite for any level of misdemeanor (and yours is the lowest level.) If it was a felony, it would be a different story.

That said, there could be other collateral effects such as a refusal to renew your driver's license.

There are no additional charges that could be filed. Once you missed court & they filed the failure to appear on you, that is it.

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Answered on 9/26/12, 12:57 pm


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