Legal Question in Criminal Law in Texas

My 22 year old daughter was charged with a misdemeanor offense (shoplifting). She was taken to jail. Her father posted bail and she was released. An attorney was hired and my daughter appeared before the court. Money was paid and the case was settled or so we thought. My husband had confirmed over the phone with the courthouse, that everything was taken care of and the that there was no warrant for her arrest. He was told that there was no warrant for her arrest. Much to our surprise, policemen showed up at our house because there was still an open warrant.

We have since found out that the information that we had been previously been given over the phone was wrong. Evidently, they had assumed our daughter has been before the court a second time (which she hadn't and our daughter did not realize she was supposed to go before the court a second time). She also couldn't carry through with her community service because she was pregnant at the time and was told she would be a liability. So the money my husband paid, in fact just took care of the court costs and I guess miscellaneous fees). So, there is still an open warrant for her arrest that she needs to take care of. What would you recommend her to do? She is a single mother trying to turn her life around, enroll in school and raise her child. If she has to meet with a probation officer or do community service then that will intefer with her schooling. What are her options?


Asked on 6/07/12, 10:41 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

She needs to sit down with a lawyer and all her papers and talk about the situation. There is more to it than what you are sharing (or perhaps than what you know.) She made a choice to steal therefore she owes a debt to society. Her first obligation is to her child; her second obligation is to the judge with whom she enter the contract (probation). Probation does not interfere with school - school interferes with probation and, because of her choice, it is secondary. If she gets a final conviction for theft, it will have adverse consequences for the rest of her life. Probation is more important than school right now.

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Answered on 6/07/12, 5:56 pm


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