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  #1  
Old 02-24-2013, 06:20 PM
Trippie Trippie is offline
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Default Warrant in prison

He called me today to say he was served with a warrant in prison.

It was for a ticket he got in 2007 for not wearing a seat belt.

His mother has had this ticket in her purse but his older brother told her that by the time he gets out the statute of limitations would be up. So they decided that there was no reason to pay it.

Now there is a warrant. I am going to call tomorrow and see exactly what Texas says has to be done but I was hoping someone here would have an idea. My biggest worry is no one seems to have the money to pay it, or the interest anyway.

Anyway know what might happen then? He is in Illinois prison and the ticket in is Texas if that helps
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  #2  
Old 02-24-2013, 07:54 PM
yourself yourself is offline
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here's what will probably happen: he'll get an out date, and the day before he's supposed to get out, he'll find out there's a detainer on him, and he's going to do an extra couple of weeks while Texas decides whether or not to go get him. If there's only the ticket, chances are Texas won't bother expending the money to go get him - they'll figure they've made their point by screwing up his release date.

They won't clear the ticket, and that warrant will show up each and every time he has an interaction with his PO, LEO, or anybody else looking at his record. What that means is that he'll be taken in every time somebody wants to f*** with him.

Now, the SOL is a great thing, but your people are misinterpreting it. You can't get around a SOL by just failing to show up. Once you're served and you fail to show - all subsequent time is tolled, meaning it doesn't count towards the Statute of Limitations.

Personally, I'd just pay it and get done with it, unless I had a reason to go to Texas and fight it in court.

Oh, and he's not going to be able to get a driver's license with an active warrant on a traffic matter. A license is just that - a permission, not a right, and Illinois is not going to view him as a good risk for obeying traffic laws in Illinois if he's been ignoring his obligations in Texas.
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Old 02-24-2013, 09:14 PM
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Thank you so much.

Bad thing is he is going to try to parole to Tennessee not Illinois. I wonder how this may effect it if it isn't taken care of.
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Old 02-25-2013, 10:45 AM
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Quote:
Originally Posted by Trippie View Post
Thank you so much.

Bad thing is he is going to try to parole to Tennessee not Illinois. I wonder how this may effect it if it isn't taken care of.
Listen, I'm an advocate of showing the powers that be that you're a good risk, that you're taking responsibility, and that you're not a threat to society (this is the tactic I preached to my own brother when he was doing time in WI and the federal system, so it's not that I'm just talking out of my ass). If you want the system to cut you some slack, or your PO to work with you, then you need to demonstrate you're a responsible citizen. You do this by actions, not just words - you clear up that sort of crap, you get as much eduction as you can tolerate (GED, AA, BA, certificates of completion, apprenticeships - whatever speaks to being employable), and you get as much therapy/self help as you need (AA, NA, CODA, DBSA, find sliding scale therapy, get in with a psychiatrist if you need to).

If he wants to come out of Illinois and parole to TN, and he hasn't taken care of a ticket that's gone to warrant - what's that telling TN? It sure isn't consistent with, "take a chance on me, I'm an asset to society and I've learned my lesson"

I'm also somebody who doesn't like living with the Sword of Damocles hanging over my head. Who wants to risk being picked up and spending time in jail because there's a warrant out? You know they never pick you up when you're unemployed or have nothing to do. It always happens when you really need to be someplace, when you're on your way to work, or when you're speeding to the hospital to be there for the birth of a child, or you're on your way to a funeral. Why would you want to live that way when you can clear up the ticket and not have to worry about that crap?
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Old 02-26-2013, 12:09 PM
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Quote:
Originally Posted by Trippie View Post
Thank you so much.

Bad thing is he is going to try to parole to Tennessee not Illinois. I wonder how this may effect it if it isn't taken care of.
I wholeheartedly agree with yourself. In addition to her points - Tennessee is a real pain when requesting a parole/probation transfer. I have a client under the First Offender Act who is a GA resident but a full time (4.0 GPA) student at a Tennessee university and the TN probation office is giving him grief about traveling to GA for the summer break. Your LO does not want his request denied because of a traffic ticket. If you decide to pay the fine, make certain you pay all the FTA assessments as well. In GA the court will assess $100 FTA fine per citation and the DDS (Dept of Driver Services) also assesses $100 FTA per citation. Unless both are paid his license will remain suspended and the warrant will be valid.

Good Luck!
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Old 02-26-2013, 02:34 PM
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thanks both of you for all the info. I contacted the Justice of the Piece and they said everything that yourself said.

He is just a friend of mine so I dont do anything financial for him but I have known his family for almost 25 years. I called and told his mom and she didn't think it was a problem until I mentioned the parole problems, she freaked out and said she would handle it (yeah right) until his brother said whats the big deal? We will get it taken care of before he gets out. He has been told that he could get out 6 months early if he stays out of trouble. I would call this trouble. Of course, when I told them how much it was the brother thought I was lying! "The ticket is right here. We know how much it is" I said hey dumbass, you have to pay for the warrant. When you don't pay your bills.....it ends up costing you more in the long run.

I agree with yourself. Why can't people just do what they are supposed to do? I mean I know that we are all on here because someone we know did something they shouldn't and people make mistakes all the time, but why "poke the bear?" If I had made a mistake that landed me in jail I would be doing whatever I had to to set things straight.

Oh well, I did my part. I told him that his best bet was just save as much as he can from his job and send it to them when he gets it all.
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Old 02-26-2013, 11:41 PM
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Too bad the ticket didn't happen in the same state he's serving time in.

I had a similar thing happen to myself (unpaid fine caught up with me) while I was still sitting in county jail after my arrest for my first felony charge 17 years ago, and all they did was bring me before the magistrate judge by video-conference, and he took one look at my predicament, saw that I was already in enough trouble as it is, and just converted the fine into 2 days jail time with credit for time served.

Crazy that they might actually try to extradite over such a petty infraction.
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Old 02-27-2013, 07:19 AM
CenTexLyn CenTexLyn is offline
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I am sure this was done to satisfy due diligence requirements as much as anything else, plus some jurisdictions ARE scouring old unpaid tickets in an attempt to bolster revenue.

Ordinarily, I would have suggested getting with the Court and simply doing a time-served plea in abstentia, but those have additional consequences in Texas due to the surcharges that exist under the Driver Responsibility Program. And unpaid DRP surcharges can ALSO restrict a license and impact the ability to renew a license in another State given that most States participate in a Compact. Effective date on the surcharge is based upon date of conviction, not date of offense. We see this on a regular basis with clients that made the mistake of trying to get time served on insurance tickets.

Fines are something that can be negotiated just as can any other offense before a Court. They have no obligation to do so, but it is always worth asking. Ditto on being willing to pay the ticket in full in exchange for a dismissal of the FTA that will also exist in this case...

Perhaps now he will learn to ignore idiot family members that obviously have no clue about statutes of limitations...especially once something has gone to warrant. And most tickets go to warrant inside of 90 days of having been ignored.
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Old 02-27-2013, 09:26 AM
msp6747 msp6747 is offline
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if he is in tx he himself could write the court and plead nocontest to the ticket and ask for time served on the ticket if the judge grants this it will take it all away . he will need to send a time sheet with it to prove where he is and how long he has been in .. or if his mom has the money she can pay it and that will also take care of it
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Old 02-27-2013, 05:34 PM
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Quote:
Originally Posted by msp6747 View Post
if he is in tx he himself could write the court and plead nocontest to the ticket and ask for time served on the ticket if the judge grants this it will take it all away . he will need to send a time sheet with it to prove where he is and how long he has been in .. or if his mom has the money she can pay it and that will also take care of it
which may result in a surcharge under DRP (as I discussed in my earlier post)...with the advent of that program, methods of proceeding on tickets have changed drastically. One must ALWAYS look big-picture.
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