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Discovering an outstanding warrant can be stressful, but it's crucial to address the situation promptly and effectively.
In Texas, various types of warrants can lead to jail time if ignored, but there are several ways to resolve them without facing immediate incarceration.
This comprehensive guide will help individuals going through this unfortunate situation understand the different types of warrants and provide strategies to navigate the process and avoid jail time. Contact Sparks Law Firm for other questions like what is a warrant in writing in Texas?
What Types of Warrants Can Lead to Jail Time in Texas?
In Texas, two common types of warrants can lead to arrest and jail time:
Arrest Warrants
An arrest warrant is issued by a judge when a law enforcement agency provides evidence that a person has committed a crime.
These documents authorize police officers to take the individual into custody and bring them before the court to address the charges.
Bench Warrants
A bench warrant can be issued when an individual fails to appear in court for a scheduled hearing or comply with a court order.
This type of warrant typically arises in cases involving unpaid traffic tickets, missed court dates, or failure to pay fines.
How to Address Texas Warrants
There are several ways to address an outstanding warrant in Texas and potentially avoid jail time:
Contact a Seasoned Criminal Defense Lawyer
The most critical step is to consult with an experienced criminal defense attorney. A lawyer can review the case, assess the warrant status, and advise people on the best course of action.
Plus, criminal defense attorneys can negotiate with the court, represent offenders during hearings, and potentially secure a more favorable outcome. They can also advise on questions such as how long can police hold my phone without a warrant in Texas?
Pay Fines and Penalties
If the warrant is due to unpaid fines or penalties, paying them in full may be enough to resolve the issue. This is common for those resulting from unpaid traffic tickets or court costs.
People should check with the court to confirm the exact amount due and the accepted payment methods.
Establish and Comply with a Payment Plan
If someone cannot pay the full amount upfront, the court might allow them to establish a payment plan. A written notice is usually required, and it's important to comply with this schedule to avoid further legal issues.
Request a New Court Date
When someone has an outstanding warrant, they can contact the court and request a new court date to address the underlying issue. This demonstrates people's willingness to resolve the matter and may lead to a more favorable outcome.
Surrender to the Warrant
While this may sound counterintuitive, voluntarily surrendering to the warrant through a lawyer or law enforcement officer can be the best option in some cases.
By surrendering, people can avoid the risk of unexpected arrest. Depending on the nature of the charges, they may also be able to post a cash or surety bond to secure their release pending trial.
Sometimes, people may even receive jail time credit for the time spent in custody before posting a bond.
Argue the Case
Those who believe the warrant was issued due to an error or have a valid defense for the alleged crime can argue the decision in court. An attorney can help gather evidence to support the case.
Post Bail
If an individual is arrested on a warrant, posting bail can be a way to secure their release from jail while addressing the underlying issue.
There are several types of bail bonds, including:
Cash bond: The full cash bond amount can be paid to the court, and it'll be returned (minus any applicable fees) if the individual fulfills their court obligations.
Surety bond: If the full cash bond is unaffordable, a bail bondsman can post the bond in exchange for a non-refundable fee.
Personal recognizance bond (PR Bond): In some cases, the court may release individuals on their own recognizance, meaning they promise to appear in court without posting bail. This is usually reserved for less serious offenses.
Tips to Avoid Arrest
The specific steps to get rid of a warrant can vary depending on the nature of the document and by jurisdiction, but the following tips can help:
Time is of the essence: It's crucial to act quickly after discovering a warrant. The longer people wait, the more likely they are to face arrest and potential jail time.
Research several options: People should understand the type of warrant they have and explore the available options for resolution. Consulting with a criminal defense attorney in Fort Worth can provide clarity and guidance.
Be proactive and cooperative: Demonstrating a willingness to address the warrant and cooperate with the legal process can help people avoid jail time.
Seeking legal counsel after discovering active warrants is always the best course of action to protect people's rights and achieve the most favorable outcome. Moreover, those who understand the different types of bonds and the requirements for each can help make an informed decision about how to secure release.
What Happens If Warrants Aren't Cleared?
Failing to address outstanding warrants can have severe consequences. For arrest warrants, it means living with the constant threat of jail time, which can disrupt people's lives and lead to other severe consequences, such as unemployment and limited housing options.
On the other hand, ignoring bench warrants can result in additional penalties, such as driver's license suspension, increased fines, and jail time.
In some cases, unresolved warrants can result in being placed on the Texas Crime Information Center (TCIC) or National Crime Information Center (NCIC) databases, which can make individuals more likely to be stopped and detained by law enforcement officers.
Final Thoughts
Dealing with an outstanding warrant can be overwhelming and have life-altering consequences. Luckily, individuals can potentially avoid jail time and resolve the situation in a favorable way by taking proactive steps to address the issue.
In these cases, consulting with an experienced criminal defense attorney is crucial. Experts can guide individuals through this process, explore their legal options, negotiate with the court, and protect their rights.
If someone is facing this situation in Texas, they should contact a skilled criminal defense lawyer to discuss their case and develop a plan to resolve the warrant issued against them and avoid potential arrests. Get in touch with an experienced attorney from Sparks Law Firm as soon as possible!
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