Legal Question in Criminal Law in Texas

Can a warrant be issued after a written warning was given?

A friend of mine went swimming at a gated pool with some people that lived in the community. When the people left, he stayed behind to keep swimming and had a member of the homeowners association come up and call the police because he didn't live there.

when my friends went to leave the individual tried to block their exit, so the jumped over the fence. A block away a cop stopped them and they admitted to being in the pool and not being allowed to leave and jumping the fence. The officer issued a warning citation. A week later he received a call from the police about a warrant that has been issued for criminal trespass. They are telling him to turn himself in, however how can they issue a warrant if he was already given a written warning and has not returned? The officers also will not give him the case number or any information that is required. They also are telling him he will not see a judge. Something sounds very strange. He is 24 and scared enough to start to comply. I am not a lawyer so I wanted to make sure I'm giving him good advice. Thank you in advance.


Asked on 6/20/09, 5:14 pm

1 Answer from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

Re: Can a warrant be issued after a written warning was given?

Charges can be filed at any time within the statute of limitations. Getting a warning from a cop means nothing.

Your friend should contact a bonding company and set up a non-arrest bond. The bonding company will be able to figure out if a warrant is out for him and how much the bond will be.

You should also get in touch with an attorney since this doesn't sound like a trespass since your friend had permission to be at the pool. I would fight this case like crazy if the facts are as you state them.

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Answered on 6/21/09, 1:59 am


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