Legal Question in Criminal Law in Texas

I have a Theft charge in Texas, for $700, and I think that it is a misdemeanor. I am not sure about that though and the case was back in 2007-2008. I didn't finish the deffered adjudication, 9 months, that I received. On top of that, I went back home to Maryland and started all over. In 2010, I got a ticket, somewhere in the amount of $750. Now I have a warrant in MD also.

I want to find out, if I turn myself in to the PD in TX, or in MD, will I be extradited to the other state. If I turn myself in, in TX, will I be extradited to MD? Or the other way around. I am planning to take care of this at the end of the month, so that I can get all of this behind me....this is holding me up from getting good jobs and getting on with my life.

Asked on 4/07/11, 2:25 pm

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

If you turn yourself in to one state, you will not be able to bond out of jail until you can furnish a bail bond from the court in the other state. When your case is disposed of, that state will notify the other state that it has you. If the other state does not send someone down to pick you up, you will be released. However the warrant in the other state will remain outstanding.

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Answered on 4/07/11, 4:46 pm

Cynthia Henley Cynthia Henley, Lawyer

Actually, most states do not extradite on misdemeanors. I suggest that you hire a lawyer in each jurisdiction to assist you in settling each case. You may be able to get your probation unsatisfactorily terminated in Texas (perhaps with payment of fees / fines) and then take care of your matter in MD.

I would not simply turn myself in without representation. Have a plan with a lawyer before turning yourself in. But, it is best to take care of the matter without being arrested. Shows good faith (despite the past problems. You should also be prepared to demonstrate to the court that in the interim you have been working & supporting your family, etc. Whatever you can show that demonstrates that you are not a threat to the community.)

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Answered on 4/07/11, 5:20 pm

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