Re: Re: Re: Re: Theft by Check cannoda, are you suggesting that it would be better to hire an attorney. Are would it be possible for us to find out ourselves how this warrant came about after SOL?
1. There is no "consumer protection" for THEFT. Your mixing up civil and criminal. The OC in this case opted for a criminal remedy, which is well within their state's rights. jlynn ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> 1*No What I'm saying is this may have been illegally reclassified from civil to criminal. Then to If states can simply reclassify something the federal consumer protection laws state is a Civil Matter into a criminal issue that would circumvent the Federal statute declaring that no state may enact a state law that is less stringent than the federal protection law laws. This would in effect wipe out all the federal protection laws leaving consumers with no protection at all.
Re: Re: Theft by Check 1. The OC in this case opted for a criminal remedy, which is well within their state's rights. jlynn ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> Not according to the below posted by SoSo71 ~~~~~~~~~~~Since we just got this letter yesterday, I am assuming it's a recent warrant. I'm pretty sure it is. SoSo71 ================
I'm confused about this. WHO is this attorney that sent you the letter? What is his interest in the case? What is he asking you for? What "does access to the records" mean? They won't tell you the date the warrant was issued? How do you know this?? The following, which you acknowledged reading, is from the Court from you said the warrant was issued: http://www.jp.hctx.net/1-2/Packets/BadCheck.pdf Has your husband ever received a letter demanding payment on this check? You should be able to get some answers from an attorney on an initial consultation. Many, if not most attorneys do not charge for the initial consulation (1st 1/2 hour). Depending on the actual facts surrounding the warrant, you may have a civil case against whoever requested out the warrant (as in attorney taking case on contingency). Let me repeat - everything you have said suggests that things are not on the up and up. You could post bond and then request to see a copy of the affidavit. But I would talk to an attorney first.
Re: Re: Theft by Check Once again, thanks for all your replies. I will contact the lawyer that sent letter and get a consulatation. Also this is how the letter was addressed: Law Offices of ALEXANDER M. GUREVICH 405 Main St, Suite Houston, TX Phone#713222222 Fax#7132222222 Hubby Name March 4,2004 Our Address Houston, TX ADVERTISEMENT RE: WARRANT FOR YOUR ARREST FOR ISSUING A BAD CHECK Dear Hubby, A warrant for your arrest has been issued and criminal charges has been filed for the issuance of a bad check. The information was obtained from the records of the Justice Court, Precint 1, Position 2, Harris County, Texas. You have a right to have the warrant for your arrest lifted and to fight this criminal charge. Since I am an attorney and have a license to post bonds, I will be able to lift the warrant for your arrest which is desribed in the paragraph above and also represent you in court. As you may know, a bonding company can also lift the warrant for your arrest. But after the bonding company lifts the warrant, you will either have to attend court on your own to answer the criminal charge or to hire an attorney to represent you for an additional cost. I am able to combine the services of a bonding company and an attorney all in one, for a reasonable fee. Payment plans are available. I know the criminal justice system can often be confusing and even intimidating to someone who is unfamiliar with how it operates. Please call me at 713222222 for a free consulatation. Your Truly, A M G Not Certified by the Texas Board of Leagal Specialization Like I said before, we got this in the mail friday, and called the JP court immediately to verify the warrant.
Re: Re: Re: Theft by Check ok. i was under the impression that the attorney was working sorta like a 'collector', on behalf of the state, for almost-out-of-SOL warrants. sorta like the way CAs hire attorneys (or use their letterhead) to scare ignorant consumers into paying invalid debts. but now i get it. he's pretty much collecting on behalf of himself. this guy is trying to make you think you have to pay something... "or else". And he's nice enough to 'help' you, because the system is so darn 'confusing'. I wonder how much money he's made off this type of thing. this guy sounds awful shady to me. there's no reason you shouldnt be able to find out every last detail about this entire case yourself. Dont base your decision solely on what this guy tells you. Isnt there a way to check online if DH has a warrant? (and all the details surrounding it?) I'd write or call the AG and see if there are any complaints on this guy.
Re: Re: Re: Theft by Check Whatever you do , DO NOT hire this guy as your attorney or call HIM for advice. Get a referral from someone you know who has used a criminal attorney in your area and ask him specific questions on Monday. 1. What is the SOL for prosecuting Criminal bad check writing? 2. Is it legal for the "state" to prosecute a check written in 1996 under any circumstances? Check one of the online databases that do Public REcord searches under your DH name and see if there is information on your DH warrant. When it was issued, etc. This will cost you anywhere from 8.00-20.00. You will probably find a local attorney helpful as I bet these are fairly simple questions for a criminal attorney to answer. Report the SOB attorney that sent you the letter to the Texas bar and any other organization , BBB, etc. This is surely a conflict of interest and may be criminal if the Criminal side of this is past SOLand he istrying to make a buck by scaring you into paying this. Sounds like a big scam. He is preying on the ignorance of the public , who typically have little info in the criminal justice system. 3day
From what I read of the Criminal Code and civil code, paying the check and a 30.00 fee for a fine(which I think I read was the max in Texas) was all that is needed to have the warrant lifted. You may not legally have to pay it because of SOL, but if you do decide, don't pay it through an attorney. Pay the DA directly and keep all of your paperwork that shows it was paid in your files.
Did anybody else notice the word "ADVERTISEMENT" in the text of the letter that SOSO posted? I bet this is a very old warrant, that has expired and the guy is a weenie ( the lawyer). I looked him up, he is a Personal Injury Atty/Firm, with no notation on the site that he even handles criminal cases. This is how attorneys get that stereotypical rep. (I know there are a lot of you good guy attys out there, this is not a slam at you guys ) ~ http://www.houstonattorney.net/
Thanks Again 3Day, When i called the court Friday about the warrant, I was told if we paid them directly, it would cost 63.50 for the check, 25.00 NSF fee, and a $200.00 Fine. We were told to bring a money order for $83.50 for the merchant and the $200.00 fine for the court could be paid by cash, credit, or moneyorder. I don't know much about these attorney sending out these type of advertisements, but I can tell you that my hubby has got them before, but it was for traffic violations. Hubby was involved in a wreck about a year ago and he got a couple of those "Advertisements" from attorneys. He also got a traffic ticket a few years ago and missed the court date and a warrant was issued for that and he got some more of those "Advertisements" from different attorneys. So from that, I gathered that attorneys just got recent info from public records and was trying to represent the folks that they were contacting, "if they needed representation." However, I will follow your advise and not call him for advise, but the truth be told, I'm glad he sent us that letter because we wouldn't have known hubby had a warrant , and that wouldn't have been good because hubby's always on the road. Thanks
Ok sorry, I was in Pre Cana this weekend. Kinda like ummm how to get married class Im not in texas and they are brutal down there. however, If a warrant has been issued for his arrest Im assuming its a misdemeanor warrant, If it was a Felony warrant then they would be knocking on your door or kicking it in at 2 am. *Most* departments will not puruse a misdemeanor warrant but just let the person find his own way to jail. Ususally its through a traffic stop or when you go to renew the plates on your vehicle. See what worries me is this, your husband is a trucker you said, If he gets pulled over far far from home, the person who stops him will see he has an active warrant and will contact the jurisdiction that issued it. It is then up to that jurisdiction to see if they want to hold him or not while they go pick him up. So say he gets pulled over in Nevada, the PD there verifies an active warrant, calls Texas, Texas may say yeah we want him then he sits in the Jail in Nevada for as long as it takes to come get him, could be a few days. However Texas may also say.. NO we arent coming to get him for a misdemeanor warrant then they turn him loose. Its a total Crapshoot. I have seen people turned loose for pretty serious Failure to appear warrants, Which 90% of the time they want us to hold him. I have seen PD's drive someone 300 miles from Kentucky for a child support non payment warrant. Its at the total mercy of the people who issued it. Also what is the warrant for?? Theft By Check?? I advise you call a lawyer ASAP , It seems to me that a bad check was written, they tried to collect, maybe they could not get a hold of you or something, And they finally said enough is enough and turned it over for prosecution. It can be done. Im almost certain that if an arrest warrant has been issued, that he will eventually have to turn himself in. There is no SOL on a warrant that i know of. The only SOL i know of is one to prosecute for a crime, or to issue the warrant once it has been turned over for prosecution. I think that a lawyer may advise you to go to the Sherrifs dept, or PD that issued the warrant TOGETHER. Explain the situation, and find out WHAT THE BOND IS. turn himslef in, get himself printed, and get a picture taken. Then immeditaly bond out and let the lawyer take it from there. He may be able to get the charges dropped if you make full restitution, its then in the hands of the prosecutor and the complainent. you wont sit in jail Im guessing he may even get a PR bond, or max 500 dollar bond. But thats the procedure and there is NO way around it. Personally I think and this is just me, that on a Theft by check warrant, if he's caught, he's being held. Again call the lawyer. Let me know if i can be any further help.
Thanks Salegian. Hubby isn't an OTR driver, he's local. The charge is a "misdemeanor issuance of a bad check". He doesn't have to turn himself in and be printed and photographed. he can just go into the JP court directly and pay the restitution and fine are either post the bond and fight the charges. We dedided that we would fight the charges since the warrant was issued after the SOL. I'kk know what we're gonna do for sure, as soon has 8am hits, and I can make a few phone calls. Hubby wants to pay and be through. He doesn't want to be bothered, but me on the other hand, I say why pay if you may not have to.
You better pay, you dont need a contempt of court fine on top of all that. I dont need to be a lawyer to tell you to pay it.
I re read the post.. Go pay it your hubby is right. Its a lot easier to get into trouble then to get out. And by making restitution your getting yourself out of trouble as easy as you got yourself in. Thats a rarity. Im with him on this one.
Just curious, how would he be in contempt of court? Also, what's the purpose of statutes of limitaions if they are not gong to be upheld? I don't want to get hubby in any more trouble. If this check is legitimate, it's my fault, because he doesn't even right checks, never have.
Update!!!!!!!! Just talked to the court again. This time I asked more questions. The check was wrote in 12/1996. It was presented for prosecution in 08/1998, within the 2 year statute. The warrant was just issued in 12/2003. I asked why they waited so long to issue a warrant and she said because they could and there are no statutes on how long they can wait without issuing a warrant once the charges has been file. Bottom line....We are getting ready to go and pay right now. Thanks for everyones help.
Re: Update!!!!!!!! That's what I interpreted from the criminal statutes I posted here earlier. $283.50 and your done? Probably smart.
