Legal Question in Criminal Law in Texas

Wrongful arrest warrant

On July 24, 2008 I Amanda Moore went to the DPS office around 0800am, to renew my driving licenses when I was arrested, the DPS officer stated I had a warrant from Georgetown Texas police department for Reckless Driving (cause number 2007291), I informed the police officer I had a receipt in my car showing that I had pay the fine for this case. The police and I walked out to get the receipt. The officer informed me that the cause numbers did not match and he would have to take me into custody on the warrant. I was booked at Travis Country Jail and was placed under a $5000.00 bond for the reckless driving charge. After making bail, I was released at 2000pm. On Friday July 25, I called the County Attorney to be informed that the arrest was a mistake on Georgetown police department behalf. Georgetown police department re-opened a case that was already resolved and place a new cause number on the case, to create a new arrest warrant. The DA advised me that I would get my money back and the case would not be taking to court, my complaint is that I was arrest and had to post bail for a warrant that was not correct. I am searching for legal advice. What type of lawyer would handle this case. And do you have any attorney referrals?


Asked on 7/30/08, 1:42 am

1 Answer from Attorneys
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Wrongful arrest warrant

Hello there,

The kind of attorney you need is a civil rights attorney. However, the officer had a good faith reason to arrest you so the officer didn't abuse his authority.

Your problem is with George Town because the warrant was not lifted and you were arrested.

You are going to have a hard time finding an attorney to take this case because it is not as if you can prove they intentionally put a warrant out for you knowing you had paid it already. This is a negligence cause where they should have removed your warrant because you paid your fine.

This is my opinion only. You should consult with a civil rights attorney to see if they have a different opinion.

Sincerely,

Erick Platten

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Answered on 7/30/08, 2:08 am


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