Help With a Situation in Houston, Texas - I Was Arrested for Something I Did Not Do

[Victoria of Houston]

After my last little landlord battle, I hoped never to have post in this forum again.

Not because I don't enjoy conversing with you fine gents :-D, but I would rather not have problems in my life I need legal help with!

Well unfortunately, something has happened to me, and I do need help.


The situation:

I was driving home from school on a Tuesday night about a month ago (September 9 I believe). I go to HCC Central. It was about 7:30p and I was on San Jacinto right near Elgin. I got pulled over because I had an expired inspection (fair enough). After taking my license and spending a good 15 minutes back in his car, the office came back to my car and told me that I had 6 warrants, and that I had to pay them right then, or he was going to arrest me and take me to jail.

He had me come and sit in the back of his car, and looked up more info on his little computer. He then told me I had two traffic tickets from 2003, 2 from 2009 and that I also had 2 "Failure to Appears" which all had turned into warrants. All with City of Houston (not Harris County).

I tried to explain to him for many reasons how these could not be my warrants (I will explain this in a bit). He told me the fines totaled up to some ridiculous amount, like over $1500, and that if I could pay them right then, he would let me go. He told me he could call some City of Houston number and I could pay it over the phone. I tried many times again to explain how these could not be my warrants. In the end, he arrested me (yes, with handcuffs and everything) and took me to jail. I spent two nights and two days there, and was released around 6pm on Thursday.


The reasons why these could not be my warrants:

Firstly, he said the first two were traffic tickets from 2003. I was 17 years old in 2003, I did not have a license, nor a car. I still lived at home. I never got tickets during that time (I think I would remember that!), I was still in high school.

Secondly, I got my license for the first time in 2004, after I turned 18. So, if I supposedly had tickets that would have turned into warrants by then, from 2003, why did they give me, or how was I even able to get my license to begin with?

Thirdly, he said the second two traffic tickets were from 2009. Again, if I had warrants all the way back from 2003 at that point, why did the officers who supposedly gave me those two tickets, not see that then?

Fourthly, in 2010, I renewed my license. How was I able to renew my license with supposedly 6 warrants by then?

And lastly, the main point, in 2011, I was doing a visa application for the UK. I actually had to obtain a copy of my driving record then, as part of my application. There were absolutely no tickets or warrants on my record at that time (obviously if there was, I would have done something about it then).

During all these years, I also never received a single piece of mail from City of Houston about my supposed warrants or tickets.

So, again, these are all things I explained to the officer, but he pretty much acted like a typical prick and didn't listen to a word of it.

Another point to bring up, is that once I was in jail, my cousin came to visit me on Wednesday as she was trying to help me sort things out. When she inquired at the jail about my situation, they then told her I had seven warrants (not six as the office had told me). Funny how these warrants kept appearing out of nowhere.

Once I got to jail, I tried talking to many of the jailers, but nobody would help me and everyone kept telling me I had to wait for my arraignment in the morning with the judge.

When I had my arraignment, it was over a video conference with a judge (a woman). No idea what her name was, because of course they didn't tell us anything. I tried to explain everything to her then, but she told me she did not want to hear it and I had to plead guilty or not guilty. So, of course I pled not guilty. Had my court time at 4pm the next day (the court is connected to the jail), but, big shocker, my supposed officers who wrote all those tickets did not show up, so everything got dismissed and I was released.

I also had ample time to talk to many of the other ladies in the jail with me. It turns out, about 5-6 other ladies were in the same situation as me. They were arrested for warrants/tickets they never even knew they had, or a couple of other ladies even had paid off their tickets, and were still arrested for the same tickets anyways. This makes me think even further that some kind of corruption is going on over this whole warrant roundup nonsense.


I have made sure to obtain a copy of that dismissal sheet along with a new copy of my driving record since.


So, my main questions are this: what actions can I take against the City of Houston at this point? I have found how to complain against my arresting officer, which I have done, but aside from that, what else can I do?

Would I need to hire a lawyer and try to sue the city, or is there something else I can do? I really cannot afford to hire a lawyer at this point, so I just wanted to see if there were any other courses of action I can take that might be more cost effective?

Thanks for any advice!!!!



P.S. I also forgot to add, that he had my car towed. I begged him to let my mom come pick it up, but he had it towed anyways. So, once I was released, I still had to pay $300 to the City of Houston for that!

[Audrey Astor]

Jaysus! And we are supposed to teach our offspring to follow the law, and respect law enforcement??? No way... These people are here to harass us. Why? Because we have money! Child molesters and rapists generally don't have money. I am so sorry this happened, It must have been very traumatic.

I hope there is someone here who can help you. It seems like when you think these things are resolved, they pop up again at the wrong time. You would hate to have that happen. Good luck sweetheart. I knew I should have studied law! LOL

[Guest061814]

I sent you a PM. Sorry this happened.

[Victoria of Houston]

Holly, thanks so much hun! Your kind words are very appreciated.

It was super stressful and yes, traumatic at the time, I cried my eyes out when he put the handcuffs on me. No worse feeling, especially when it happens to you for something you did not do!

Now, I am more calm about everything, but yes, agree 100%, I want to do whatever I can to make sure something like this does not happen to me again, or to others. They are crooks, plain and simple!

[Jayhalprin]

Victoria,

I have heard from other WOMEN having a similar experience. I have to admit I share your suspicion of LE corruption. Those amounts would be pretty nice pay enhancements for public servants. I think WOMEN (especially young, pretty women) might be targeted for these scams. Naturally, can't say they all are involved.

[royamcr]

Can only imagine what the "some City of Houston number" was. Some guy with a paypal/square account to collect funds? Sounds illegal to me.

Police generally never have the power to collect funds. They can arrest, not arrest, or write citations.

[fishingtwo]

You might be able to get a lawyer to take your case and not have to pay unless you loose, sue their ass.

[Mr MojoRisin]

You should write a letter to the Houston chief of Police and forward a copy of the same to the City Prosecutors Office explaining what happened and politely give them a piece of your mind that there is obvious flaws in their system and they best get the fuck off their asses and make some necessary corrections.

Jim

[ShysterJon]

I'll respond at length, time permitting. But first I have a question: Victoria, is it possible someone, such as a relative or close friend, has been using your identity during traffic stops?

[Mr MojoRisin]

Originally Posted by ShysterJon

I'll respond at length, time permitting. But first I have a question: Victoria, is it possible someone, such as a relative or close friend, has been using your identity during traffic stops?

I thought of that same thing. I bet that's case.

Jim

[Victoria of Houston]

Originally Posted by ShysterJon

I'll respond at length, time permitting. But first I have a question: Victoria, is it possible someone, such as a relative or close friend, has been using your identity during traffic stops?

Thanks everyone, for your responses and suggestions so far. Writing that letter is a fantastic idea.

As to someone using my identity, I am very close with my family, so know for sure that none of them would do something like that; however, in regards to anyone else, I am guessing it is definitely a possibility? I mean, I can't think of anyone right off the bat in my life, or who I know, that would hate me that much, or would be shady enough to do something like that, but I am sure it is not outside the realm of possibilities.

I agree as well, about the women being targeted thing. Seeing as how there were other women there in the same situation as me.

royamcr - my mom has an HPD Sergeant contact that she uses for her job and she spoke to him about my situation and he told her the same thing, an officer is never able to facilitate payments of any sort, they should either arrest, cite, or let you go. So yes, it just shows me that this guy was definitely not operating above the table.

fishingtwo - I have contacted one lawyer, based off a suggestion from someone here, so I am hoping as well I will be able to find someone who can help me with little to no payment up front.

Despite everything else that happened, I would love to at least be able to get that $300 back I payed to get my car back!

[Fast Gunn]

I am very sorry to hear how a relatively minor infraction spiraled out of control and landed you in jail, Victoria.

I have had friends pulled over for dinky little offenses, but then checking through their files, they find other unresolved matters and ended up in jail and in tears.

Jail is like entering a separate reality, but the nightmare does not end in the morning.

Most people in jail deserve to be there, but sometimes the long arm of the law can be brutal and unrelenting.

After dealing with some bruising legal battles myself, I scoured my mind to see what was the underlying reason for this chaos disrupting my life and so I can relate to the distress you're going through right now.

. . .I know that you will get through this mess, but it will be a heart-wrenching ordeal. We all wish you the best, but you are going to have to march through this onerous trial like a good soldier.

[ShysterJon]

It's not uncommon for someone to adopt someone else's identity to avoid liability for minor offenses. All they need to know is the person's full name and date of birth. No cop is going to run a fingerprint check on a traffic citation. I don't know about Harris County, but in Dallas County the sheriff has a department with app. four employees that handles cases involving charges based on false identities.

Perhaps after Victoria talks to a lawyer she'll come back and give us a report. In the meantime, I'll make a few observations:

1. Every provider should check to make sure they're not a target for an easy stop by a cop. Many providers drive in unfamiliar neighborhoods at odd hours. Check to make sure your inspection and street tax stickers are current and that your exterior car lights are all functioning.

2. Have a plan in case you're arrested. The OP spent 48 hours in jail on traffic tickets. No offense, but that's ridiculous. Every person reading this engages in criminal activity (except for our friends in blue -- haha). If you don't have a bail bondsman, or cash lined up for bail, and an attorney on retainer, you are recklessly exposing yourself to doom and danger. Having a bondsman and attorney lined up are just costs of doing business. If I get a text or voicemail in the middle of the night that a client is in jail, I call the bondsman I use and that person is released within an hour. If you're a provider and you can't afford to set aside a little cash for a rainy day, you're not managing your money prudently. Also, have someone lined up that you can call 24/7 to come get your car so you'll avoid paying $200-$300 to the auto pound.

3. I don't think it was strange at all for the cop to suggest that the OP call a number to make a payment with a card. I certainly don't see that as some dark conspiracy.

4. NEVER BELIEVE ANYTHING ANOTHER INMATE TELLS YOU IN JAIL. Sheesh!

5. In my opinion, it's 99.99% likely that when the cop ran a want and warrant in the TCIC (Texas Crime Information Center) database using the OP's name and date of birth, the offenses showed up that the cop claimed showed up. The OP suspects the cop made it all up. Like I've written here many times before, cops lie to get convictions. But to speculate that the cop made up traffic citations is just not realistic or plausible, in my opinion.

6. Forget about suing the City of Houston and recovering damages, especially if your name and date of birth were in the TCIC for the citations. Governmental entities, such as cities, largely have immunity from suit (what used to be called 'sovereign immunity') related to governmental functions. Also forget about getting a refund from the auto pound. You're dreaming.

7. Why are you reasoning out whether you have tickets when you can check instead? To see whether you have one or more FTA (failure to appear) citations, go here:

http://www.texasfailuretoappear.com/search.php

I looked at the City of Houston Municipal Court webpage and I didn't see a link to check the status of a ticket online, so call this number to check: (713) 837-0311.

[Victoria of Houston]

This is good advice, but I would like to make some points. The first is that I wasn't out driving doing anything provide related. I was driving home from class. (I never drive around for anything provide related, I provide in-call only), and it was about 7:30pm in the evening. But yes, I still agree that having your car stickers up to date is vitally important, no matter who you are. This *should* minimize the chances of you being pulled over to begin with.

The second is in regards to the bond money. My cousin actually went down to the jail the very night I was arrested to see about bonding me out. She was told that no bond was possible because I was pulled in on municipal charges.

So, I am guessing unless you are pulled in for something criminal (felony), then no bonding is allowed? I have no idea about this, or if that is just something specific to CoH or Harris County.


In regards to my car being towed, I did ask the cop to let my mom come and pick it up instead. He refused and I begged him to let her come, but he wasn't having any of it. He called the tow truck driver there and the guy came and grabbed my car within like 10 minutes or so.

In regards to checking my record, I did look at it once I was released and printed out that sheet. But that was my point. I already did that back in 2011 and never had any tickets or warrants yet these magically appeared. So really, I don't trust anything at this point, whether or not it says I don't have tickets or warrants on my record and that is what continues to worry me at this point.


So basically, I am feeling like what you said, it is pointless to try and sue or take any further action in this situation, unless I want to deal with a lengthy and expensive ordeal. *sigh* Yes, I can write those letters, but what good will they do, really?

[Guest061814]

So, do you have a list of warrants or does it show no warrants?

I don't know how prevalent it is, but I personally had a similar situation. An officer insisted I had multiple warrants and was getting ready to cuff me and haul me off. I kept my head and told him she needed to go back and carefully check again, she resisted, so I name dropped a couple of big wigs and she went back to check, giving me time to quickly call said name dropped individual, how was waiting to intercede via phone. She returned, said it was a computer glitch and let me go with a warning to slow down.

If I hadn't pitched a fit, I would've gone to jail. And I check my record regularly. No stolen identity here.