I received a DWI in the state of Texas, but was and is being stalked at the time of the DWI charge. Since I was being stalked, I missed a court date and a warrant was issued for me.
I am not currently living in the state of Texas, have no residence in the state of Texas, and am not employed in the state of Texas. I do not have funds to travel to Texas or to relocate to Texas.
Can I file a motion to quash the warrant for my arrest myself or do I need actual things inside the state of Texas to file the motion to quash the warrant? Can I switch the jurisdiction (as I read somewhere I could) or petition to switch the jurisdiction to my new state?
2 Answers from Attorneys
The warrant will remain outstanding until the case is dismissed or you appear before the court and the charge is resolved. You need to hire a Texas attorney familiar with the court in which you were charged. He may be able to negotiate something with the prosecutor.
I have never heard of changing jurisdiction for a criminal case. I have heard of transferring probation from one state to another.
Switching jurisdictions is not a possibility; you are alleged to have committed an offense under the laws of Texas and you have to be tried in Texas. Other states are simply not equipped, willing, or legally able to do this.
You could be arrested outside of the State of Texas, but you are likely to be released as Texas is not going to pay anyone to come and get you. This warrant will stay active until you come back to Texas and resolve it.
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