Legal Question in Criminal Law in Texas

I was recently arrested for an outstanding warrant. Several days into my incarceration a guard entered the dorm area called my name and told me to pack up my bunk. I asked him where I was going and he said home. I thought this was odd seeing that I had not even went before the judge yet. I signed out and was released. Once I returned home my wife noticed that the name on my paperwork was not mine but actually the name of another inmate. Apparently the employees at the jail made a mistake and released me instead. I am wondering if I have any legal standing to remain free or should I expect to be arrested again. It was very traumatic the first time for my children and I don�t want to put them through it again; but I also don�t want to return to jail. What can I do?


Asked on 1/18/12, 5:31 pm

2 Answers from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Because it was not your fault that you were released, you should get time credit during the time that you are out BUT it depends heavily on what the warrant is for. Do you have a pending case? If so, then you must answer that case. If you just had time to serve out on an old case, then you should get "street" credit - one of the few times that actually applies.

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Answered on 1/18/12, 10:42 pm
M. Elizabeth Foley The Law Office of M. Elizabeth Foley

Ms. Henley's correct, but just to clarify what she's saying, since it wasn't your fault you were released, you'll get credit towards any sentence you already have OR receive in the future (if you have a case that hadn't come before the court yet). Whether you will be arrested again legally depends on which scenario it is, since even if you'd be eligible for a time-served offer on a pending case and would want to take it, you'd still have to go to court on the case, so yes, they'd issue another warrant. Honestly, I imagine there's a good possibilty they might anyway, even if you had more than "served out" whatever time you had owing on a sentence counting street time--you're definitely entitled to the street time, but not many people are aware of that. I kind of have my doubts as to whether they'd comply with the law on that or just push the warrant paperwork through and leave it to someone else to straighten out the mess later, so don't assume this is taken care of. Good luck.

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Answered on 1/18/12, 11:21 pm


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