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Easiest approach

Discussion in 'Probation, Parole, Incarceration' started by JoeLee, Aug 19, 2019.

  1. JoeLee

    JoeLee Law Topic Starter New Member

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    Jurisdiction:
    Texas
    I dont want to go into my previous case because even if I was not guilty I accepted the plea deal of misdemeanor assault with bodily harm...the terms of my deferred adjudication was 2yrs probabtion with a decision making course and 12hrs community service. I allegedly violated but If so it was unwillful because I was basically homeless and had no way of paying my fine or making it to the site for community service cuz of not having a car....I informed my probabtion officer but she didnt want to change my community service site and the jobs...long story short because this has literally messed my life up, it has added depression, anxiety, and my health has truly deliguished...I want to know how do you fix a 2yr warrant if it's capias or blue because they dont accept walk-ins to turn yourself in anymore...Do I go to a bail bonds 1st get a lawyer 1st and if I get a lawyer can he get me bail on that warrant...I'm lost its like I research answers but its loops in what I read...and is absconding the same as walking out the probation office. I'm law abiding citizens this was my first case other than traffic in 35 yrs and I was clueless and was clearly taken advantage of, but by all means I want to handle this without jail its was a misdemeanor not felony...
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Lawyer first. The lawyer will answer all your questions.
     
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  3. army judge

    army judge Super Moderator

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    If a "blue warrant" has been issued for your apprehension, any law enforcement officer within the confines of Texas' expansive borders will immediately effect your arrest and confinement.

    Don't however expect any bail to be set upon an arrest pursuant to a "blue warrant" until you have been formally arraigned before a district court judge.

    In some cases, it must be before the judge who issued the warrant, unless said jurist set a bond within the four corners of said warrant.

    See my response above.

    In rare cases, in some smaller counties, your dream could come true, it could happen to you, if you're in the right county!



    Usually, YES....



    You may have plead guilty to a misdemeanor, but I suspect the initial charge was at a minimum a state jail felony, if not a prison felony.
     
  4. JoeLee

    JoeLee Law Topic Starter New Member

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    No I sure it was a misdemeanor...nothing was said ever about it turning into a felony...
     
  5. army judge

    army judge Super Moderator

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    Was the person harmed by your actions your spouse, or someone with whom you were cohabiting?

    Was this your charge:

    In Texas, Assault Causing Bodily Injury is a Class A misdemeanor.

    A person commits this offense if he (or she) intentionally, knowingly, or recklessly causes bodily injury to another person, including the person’s spouse.

    Under Texas law, “bodily injury” could be anything that causes pain, even if it doesn’t leave a mark. See Texas Penal Code 1.07(a)(8).

    PENAL CODE CHAPTER 1. GENERAL PROVISIONS

    In what county were you charged?

    When were you originally charged?

    Do you have the case citation?

    Give me that and I can tell you everything about the charge and case.
     
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  6. JoeLee

    JoeLee Law Topic Starter New Member

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    I was charge with a misdemeanor how could it turn felony and I was never told that....I think they wanted to give me the max county time...so lawyer or nah just go turn myself into the courts
     
  7. JoeLee

    JoeLee Law Topic Starter New Member

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    No the person had hit my car and ran...I just caught him and hit him with my hands...
     
  8. justblue

    justblue Well-Known Member

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    Was the charge related to a domestic violence incident?


    never mind..
     
  9. army judge

    army judge Super Moderator

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    These types of cases appear on the county criminal docket with titles like these:

    ASSAULT CAUSES BODILY INJ
    ASSAULT CAUSES BODILY INJURY
    ASSAULT CAUSES BODILY INJURY FAMILY VIOLENCE
    ASSAULT CAUSES BODILY INJ DATE/FAMILY/HOUSE

    Class A misdemeanors are the most common type of assault cases filed aross Texas, especially in cases with an allegation of Family Violence.

    The default maximum punishment for Assault Causing Bodily Injury is one year in county jail and a $4000 fine but the level of the offense may be enhanced for defendants with a prior conviction (or deferred adjudication) involving domestic assault. A jail sentence may also be probated, depending on various factors, in which case a defendant may not actually spend any time in jail.
     
  10. JoeLee

    JoeLee Law Topic Starter New Member

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    That was the reasons for the decision making class and not anger management cuz I just made the wrong decision
     
  11. army judge

    army judge Super Moderator

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    Yes, if a court is in session, the bailiff can effect your arrest.

    You could flag down any police or sheriff's vehicle, and you'll also be arrested.

    You could also present yourself at a police or sheriff's station, whereupon you'll be detained after your name has been run through NCIC.

    Heck, where a State Trooper is present at a DMV facility, the same result will also be achieved.
     
  12. army judge

    army judge Super Moderator

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    Most lawyers would have plead that charge down.

    Were you previously convicted of assault or DV?

    Do you have a significant arrest and conviction record?

    Were you on parole or probation when you got involved in this kerfuffle?

    Blue Warrant Bail Conditions
    Certain parole violation offenders may be released on bail even after they are picked up on a blue warrant. But you can only get bail on a blue warrant if you are not an absconder, a threat to public safety or on intensive supervision or super-intensive supervision.

    (Author note: Parole implies a person was convicted of a crime and confined to a TDCJ facility - prison or state jail. One was subsequently released on parole, NOT probation.)


    One way to know if you have a warrant in Texas is to go to the website:
    www.publicrecords.com OR

    www.publicdata.com OR

    Texas State Records | StateRecords.org .

    You then choose warrants ,then choose Texas.

    Here you can search the entire state of Texas or you can search by county.
     
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  13. Highwayman

    Highwayman Well-Known Member

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    I'm still trying to figure THIS one out...
     
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