Legal Question in Criminal Law in Texas

Guide lines to due diligence to arrest

I realize there are no time limit statues from date warrant is issued to actual arrest date? But in the case of a sealed indictment being issued isnt there some sort of rule for due diligence to locate and make arrest in a timely manner? Even if indictment is sealed shouldnt the ncic or tcic computor system available to law inforcement show that the offender is wanted if they happen to be pulled over for a traffic violation? Just how little are they required to do to locate offenders. My boyfriend was setup for a drug deal by a friend who later told boyfriend what he had done. The police went to his apt. two to three weeks after the incedent but he was out of town for work and then they came 1 1/2yrs later but he was at his brothers. This conveyed by neighbor. We've called all surrounding cities for warrants none listed. Talked to an atty. who said ''He couldnt help until he was charged with something and to call him once the police had caught up with him.'' It's not like he is running or trying not to be caught. He wants to take care of matter so we can go on with our lives and start a family. It's been over 2yr & he's renewed his DL & was recently pulled over & searched but no warrant or hold showed up. What now??!


Asked on 5/28/04, 2:26 pm

1 Answer from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: Guide lines to due diligence to arrest

Yes, there is a due dilgence issue in arrests once a warrant has been issued. However, it doesn't sound to me like the police have a warrant. It sounds like they are just looking to talk and/or search your boyfriend. My advice would be to get the phone number of a good criminal lawyer in your area, and a bondsman's name and phone number- and keep them handy just in case. If you have done all these things and the warrant has not appeared by now, then I do not believer there is not one, and no one can do anything until he gets arrested unfortunately.

Good Luck!

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Answered on 5/28/04, 2:57 pm


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