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Is it possible for someone to turn their self in for warrants they can be proven innocent of and be released.the same.day?

Beaumont, TX |

If they have assault family violence and interference with emergency call warrants. There is already proof at the county attorneys office of his innocence. A statement that the "victim" admitted to.lying to police and making false report. Can that all be taken care.of without being booked.into jail?

Attorney Answers 3


  1. There is no way to know without knowing the details of a particular situation whether what you ask about could be accomplished in any specific case.

    However, the county attorney has the authority to ask the judge to dismiss any case that is being prosecuted by the county attorney's office. So, under some set of circumstances some county attorney might be convinced to dismiss a case prior to the arrest of the defendant.

    This is not a do it yourself project. Anyone who wants to try to take care of a case in the way you describe in your question definitely needs the assistance of a good criminal defense lawyer who knows his or her way around the system in the town where the case is on file.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


  2. While I certainly cannot speak for the law in the State of Texas, I can tell you that in Ohio if you have an arrest warrant and you turn yourself in, the law enforcement agency to whom you turn yourself in will book you into the jail. They may release at that point, but they will book you in.

    You certainly should avoid the warrant, but it may be wise to call an attorney on your way to turn yourself in and possibly meet with him or her beforehand to get a sense of what the best options may be. I have had some success in Ohio making a deal with the State before my client turns himself in whereby the State recalled the arrest warrant and my client simply appeared in Court the next day. But that never would have happened had my client not called me first, set an appointment and given me an opportunity to work the case out before he turned himself in.

    Regardless, call and retain a local, experienced lawyer that you trust with a good reputation who can guide you through the process and maybe keep you from having to turn yourself in in the first place.

    Good Luck!

    All the Best,

    Adam

    Adam C. Stone
    Adam C. Stone, Attorney and
    Counselor at Law, Ltd.
    840 So. Sandusky Avenue
    Bucyrus, Ohio 44820
    Telephone: (419) 562-2110
    Facsimile: (419) 562-1660
    adamstone@earthlink.net
    http://www.adamstonelawfirm.com/

    Nothing contained in this message is to be construed as legal advice. Rather, the general information provided herein is based upon counsel's past experiences as a criminal defense attorney and are not necessarily specific to the facts and circumstances of this matter. Nor does any post by Attorney Stone constitute or otherwise create an attorney-client relationship. For more information on Attorney Stone: www.adamstonelawfirm.com


  3. Probably not. A judge found probable cause. If a bond is set on the warrant, call a bondsman in advance, pay him and get released that way. If there is no bond, hire an attorney and turn yourself in to the judge and have the attorney request a bond and state your case so the judge will set one. Then the case will work its way through the system.

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