Arrest, Search, Seizure, Warrant Violation of Probation w/ "Fugitive From Justice" Warrant

[FrazzledWifeNC]

I'm trying to get information on how best to proceed with this. My husband had 2 dui/dwi convictions in the state of TX, he was on probation and his license revoked for 90 days....This occurred about 1997-99. He left TX while under probation and during his license revokation and moved here to NC. He's been living in NC now for 5 years. Texas probation office knows where he's residing as they have sent letters directly to our home address. A letter we recieved from them stated that he left texas owing them $763 and that a warrant was filed on him, to please contact their office. He called them and got the distinct impression that they care nothing about him leaving the state but just want their money. They told him that once the money was paid however there would be no guarantee that the warrant would be dropped, they did tell him that he is classified as a Fugitive From Justice. First off, what exactly does the classification of Fugitive from Justice mean for him??

We are wanting to get his NC drivers license, but we're worried that the warrant will come up and just what that would mean. My husband's job is our only source of income so we really can't afford for him to go to jail or be dragged back down to Texas. If he was to go to the local NC dmv to apply for a license would the warrant come up? And what would be done?

My husband is thinking that perhaps the TX statue of limitations on the misdameanors is 7 years which is coming up. Is this true, what would a statue of limitations be on his violations? And if the limitations is up, would the warrant also be up? Would it still hang over him if he was to ever be pulled over, or would it disappear?

Sorry so many questions, we're just not sure how to proceed and don't want to inadvertantly do something that's going to get him hauled off to the clink and leave our family with no income, we have 4 kids to think about.

 

[FrazzledWifeNC]

Additional Info...

Some additional info, hubby corrected me as I'd misunderstood one point. He was on probation for Driving while license revoked, not the dwi's.

 

[Malibu_Barbie]

I would first check the statute of limitations in TX regarding warrants, then find out whether there actually is a current warrant out for his arrest, and if so, get the probabtion fines paid prior to attempting to obtain a driver's license in NC.

 

[FrazzledWifeNC]

Thank you for your reply. Yes I've been trying to find info on the statue of limitations online and I don't know if I'm just missing the right place to look or what but I haven't found anything. Any ideas where could find this info? We have confirmed that there is indeed a warrant already, so that much we know. We figure we're going to have to just obtain a TX lawyer somehow and get it all worked out that way. Anyone that's had problems there have any referrals?

 

[Malibu_Barbie]

Thank you for your reply. Yes I've been trying to find info on the statue of limitations online and I don't know if I'm just missing the right place to look or what but I haven't found anything. Any ideas where could find this info? We have confirmed that there is indeed a warrant already, so that much we know. We figure we're going to have to just obtain a TX lawyer somehow and get it all worked out that way. Anyone that's had problems there have any referrals?

Well, I checked the statutes tonight ... and found nothing as well. I also checked some case law, and still found nothing. The thing is that the SOL (statute of limitations) doesn't apply to the crime itself, it applies to the warrant for violation of probation based on a "debt". Although his probation appears to have ended by now (please correct me if I'm wrong), the "debt" portion of the court-ordered probation is what's currently at issue.

I also read some case law wherein a person was arrested for violation of probation based on a similar situation, then sued the government and lost as a result of the sovereign immunity defense. I'm afraid that I can't assist any further with your problem unless I spent a lot more time researching Texas case law, and I'm afraid I just don't have the time at the moment - sorry. Is anyone here familiar with TX laws pertaining to this particular issue, who might be able to help with her problem?

 

[Heather78]

There is no statute of limitations once the warrant is issued. Your best bet would be to hire a Texas attorney to get this taken care of.

 

[FrazzledWifeNC]

Thank you all for the replies. I found the letter that we'd recieved from the probation department and gave them a call yesterday. The officer told me that all he had to do was to send a cashier's check or money order for the money owed to them, that when they recieved it they would go before the judge that day or the following day to have the warrant dropped. So naturally I ran fast as I could to get a money order and have it on it's way to them.

Now hubby is more cynical about it though, he says that the guy I spoke with was his probation officer when he was down there and that the guy had lied to him about stuff before, which that statement I don't know anything about as didn't know my husband back then, all I have to go on is what I was told. We figure we will wait till it arrives to them, give it a few days then I will call down there and see if there is still a warrant showing on him, then at that point if there is then I guess we'll HAVE to hire an attorney there.

Keeping my fingers crossed that the guy didn't BS me.

 

[bigreds]

if i were you i contact lawyer first before i sent money see if he can get warrant lifted first then let the lawyer deal with money issuse because they can probly work out payment plan you also can contact a public defend if money is a problem becuse lawyers fees are high