Alias capias issue for my arrest, told to show cause why judgment of forfeiture shouldn't be made final in a bail lawsuit. Help?

Asked almost 5 years ago - San Antonio, TX

I live in TN and was arrested August 2009 in TX for misdemeanor assault-bodily injury warrant (filed 14 months after the incident and w/o my knowledge) involving only the hands and is comprised of lies (of which I have written statements attesting to from both me and the plaintiff) and stems from an incident that occurred in 2001. I moved to TN and joined the Army in 2002, still actively apart of both. I got picked up for an unrelated offense (yielded no new charge) while visiting in 2009. I drove down from TN planning a week-long visit, then got arrested and had my car towed where damage occurred and was admitted by tow company. With monetary and vehicular resources stretched thin and my own law school start date in TN in 3 days, I skipped bail. I am now going through a deployment. Help!

Attorney answers (2)

  1. Paul Holt Walcutt

    Contributor Level 16

    Answered . You could be charged with the additional charge of bail jumping (another Class A misdemeanor) if the prosecutor wanted to punish you. Your best bet is to head that off and get yourself turned back in ASAP. I would recommend calling some local criminal defense attorneys in the county the original charge comes out of. You may be able to do a walkthrough with an attorney personal bond or a new surety bond and avoid sitting in jail for an extended period of time. To know that, you would have to speak with some lawyers intimately familiar with the county and court this case is in. In any event, you will have to return to Texas personally to start the process of resolving this case. Though you are unlikely to be arrested outside of Texas on this active warrant, you could be (and you certainly will be if you are re-arrested in Texas).

  2. Paul Holt Walcutt

    Contributor Level 16

    Answered . The other show cause issue is essentially a hearing about why the judge should not enter an order saying that you owe the county the full amount of the bond on the 2009 arrest. This may be forfeited at this point and you may be liable for the full amount directly (or the bonding company may be able to sue you for the full amount if they are liable for it). You should discuss this matter with the attorney(s) you discuss your case with.

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