Burleson, TX asked in Criminal Law for Texas

Q: If you are indicted for something and you didnt even know that you were in trouble can you fight it?

Son found out he had a warrant and the case has already been in front of the jury,he was never issued a ticket,nothing verbal and nothing in the mail. No notification at all...what can we do to fight this.

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1 Lawyer Answer
Phillip Wayne Goff
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Phillip Wayne Goff
Answered
  • Criminal Law Lawyer
  • Corpus Christi, TX
  • Licensed in Texas

A: There is far too little information available to answer the question. Cases do not go before a jury (unless you mean grand jury) without the defendant being charged and notified of the charge, then having the defendant enter a plea. By your description, I am going to assume this was a traffic offense or some other Class C misdemeanor. Even in the most minor offenses, due process requires notice of the charge and opportunity to be heard. It is likely some event occurred, police investigated the matter, then later determined a charge should be filed. In such a case, a warrant may be issued prior to notice, but it does not mean it has been before the jury. Fighting it is best done with an attorney; as you can see, the process has much more to it than you or your son seem to realize, so handling it yourself is rife with risk. Good luck.

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