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Go Back   ECCIE Worldwide > General Interest > A Question of Legality
A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 04-07-2015, 06:26 PM   #1
Dick Diamond
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Default online search in TX for arrest warrants

Well a buddy of mine pointed a gun at his wife and well she claims to have filed a police report.question can he looked it up for free somewhere. She did agree to drop the charge but the perp doesn't know.
Plus due to the nature of the crome can she drop the charge. This happened Tx.
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Old 04-07-2015, 09:30 PM   #2
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1) Your buddy is an idiot to point a gun a something he doesn't want to shoot. Especially a woman (no matter her temperament).
2) If she did file, Po-Po's would have been at his doorstep rather quickly for a "Safety Check".
3) And this is the fun one: She can drop all the charges and the DA can still pursue on his own.

Tell your buddy to be scared about number three if its an election year.
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Old 04-07-2015, 10:49 PM   #3
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There is no central, statewide data base. You have to search by jurisdiction . And not all have on line databases to search. So start with checking the websites of the police departments most likely to have taken the report. But if no charges were filed, should not be a record of it to find. And as was said, once she files a report, her wishes are moot. Though its unlikely a DA would proceed without her helping. Though you can bet officers would have had a talk to him for sure.
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Old 04-08-2015, 07:52 AM   #4
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If a person intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse, by exhibiting a deadly weapon, in Texas that's a second-degree felony punishable by two to 20 years in prison and a $10,00 fine, or both.

The other posters are correct -- in Texas, there is no central, online database accessible to the public to do warrant searches across all jurisdictions (although there's one for LE - the Texas Crime Information Center - TCIC). The guy should call the warrant desk of the sheriff's office in the county where he lives to see whether a warrant's been issued. If he lives in Dallas County, he may not get anyone on the phone, so he should go to the warrant window in the lobby of Lew Sterrett (the Dallas County Jail).

The other posters are also correct that the complaining witness (a/k/a the 'victim') can't 'drop charges.' It's up to the police, DA, and grand jury whether to pursue a charge and, once a person is charged, only the judge can dismiss it. In family violence cases like this, maybe 75% or more of the complaining witnesses don't want the case pursued. In a former time, the complaining witness' desire to end the matter would control. But too many times, the assailant would assault again in a more serious manner, including murder. So now the system pursues charges whether or not the complaining witness wants to. (The Warren Moon case was an example of this.) And once the train starts rumbling down the track, it's tough to stop it.

If a warrant's been issued, I strongly suggest that the guy hire an attorney. There are things a crafty lawyer can do to derail the train. If he doesn't want to tap his cash stash that he's saving for a rainy day, tell him it's fucking pouring.
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Old 04-08-2015, 07:58 AM   #5
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A person is entitled to get a copy of the first page only of an offense report under the Texas Open Records Act. Check the police department's website for the process to make an Open Records Request.
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Old 04-08-2015, 12:03 PM   #6
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Thanks for replies everybody.
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Old 04-13-2015, 06:28 PM   #7
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There are automated phone numbers you can call to check for warrant status, if he is in travis county.
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Old 04-14-2015, 10:10 AM   #8
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Interesting
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Old 04-17-2015, 12:56 PM   #9
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If the D.A. accepts the case and pursues an indictment, they can usually get it with just a police officer's testimony of what the victim told him. Once it is indicted, only the D.A. can drop the charges. They may file an order for the judge to sign. The D.A. brings the charge, and the D.A. can dismiss the charge. At that point, if the D.A. refuses to drop the charges, you either work out a deal to plead to the case OR you go to trial by judge or by jury. Defendant and the State have a choice on trial by jury or trial by judge, i.e. both have to agree to waive a jury trial and go to the judge.

She may have called the police, and, if he wasn't there when they came, they may not return same day to find him. They may just secure a warrant "at large" and wait to come back out to get him or for him to be stopped on a traffic violation. If she did call the police, best thing for him is to hire a lawyer immediately.
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Old 04-17-2015, 02:39 PM   #10
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Quote:
Originally Posted by latinbreeze View Post
Once it is indicted, only the D.A. can drop the charges. They may file an order for the judge to sign. The D.A. brings the charge, and the D.A. can dismiss the charge.
No, that's just not accurate. A DA presents a case to the grand jury. In Texas, only a grand jury can indict (that is, charge) a person with a felony. A judge can dismiss an indictment over the objection of the DA. If the DA wants a charge dismissed, he/she files a motion so asking with the judge, and the judge signs the order.

btw, it's always a good idea to read the rest of a thread before posting. It's also not a good idea to describe a process unless you know what you're talking about.
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Old 04-22-2015, 07:33 AM   #11
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Call a bail bondsman in your area, give them his name and DOB. Usually they are able to tell you if you have a warrant or not and for what charges.
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