Legal Question in Civil Litigation in Texas

If I bonded my children's father out of jail on a $10,000 bond and now he is fleeing the law, and someone signed a affadavit saying they know he was living with me, can a detective put together a case against me and arrest me for harboring a fugitive without clear proof that I did actually have him living with me?


Asked on 9/24/09, 6:21 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Yes. Anybody can be arrested and charge charged for anything as long as there is probable cause to arrest them. The affidavit sounds like probable cause.It is up to the DA to prove the charge to a jury beyond a resonable doubt. Meanwhile you are in jail or out on bond, if you can find a bondsman willing to take the risk that you won't run. As my criminal law professor said, you can beat the rap, but you can't beat the ride."

If you got him out on a surety bond and he does not show up in court, the court will eventually ask the bondsman to forfeit his $10,000 to the court. Then you get to pay the money to the bondsman or lose whatever collateral you pledged to get the bond.

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Answered on 9/30/09, 12:04 pm


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