Legal Question in Criminal Law in Texas

''Failure to Identify: Fugitive from justice''

Good evening. I am a resident of the State of Florida and I have an old misdemeanor charge out of Denton, TX that I cannot seem to shake. In 1998 I was arrested for giving a police officer a false name in order to avoid arrest on a hot check warrant. Needless to say, it didn't get me anything except further trouble. I was arrested on a ''Failure to Identify'' charge which is a Class B Misdemeanor. I was put on reporting probation for 12 months. During that time, I was having a difficult time in making payments to the court on time. I had to scramble to get the money orders to the County Clerk the day I was scheduled to actually appear in front of the judge. Albeit late, I fulfilled the monetary requirements of my probation, did not commit any other crimes during that period of time and the judge put me back on probation for a second term. My problem is this...I am getting married in April in Denton, TX. I currently have an active warrant for my arrest on a Class B Misdemeanor Fugitive from Justice. Can or will the State of Texas extradite for that charge? Also, I am worried that when my fiancee and I go to the county clerk to apply for our marriage licenses that I may get arrested at that time. Please help!


Asked on 1/24/05, 8:24 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: ''Failure to Identify: Fugitive from justice''

Its hard to predict the future. Im sure you will get a lot of different or more clever responses than mine, but I think the easiest way to resolve the problem is to face it head on. Go to texas, surrender in your jurisdiction, do your time and then move on with your life a free man. Obviously the anxiety is eating you up. Why put yourself and your fiance through the hell of never knowing when they are going to find you, possibly extradite you etc. I dont know if texas extradites on class b misdemeanors, i dont know if the clerk runs a warrant check. But I do know one day you will get pulled over for speeding or whaterever and you will be taken to jail and in my experience it is usually at the worst possible time like new baby on the way, new job etc. Do it on your schedule before you start your new life. Just my opinion.

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Answered on 1/24/05, 8:51 pm


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