Inez, TX asked in Criminal Law for Texas

Q: Can u be charged and warrant issued for a Charge u didn't have or knew anything bout til u get arrested

My boyfriend got arrested for a class c warrant and didn't know anything bout a warrant for a burgulary charge he never had. Happened in Victoria county texas

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3 Lawyer Answers
Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
Answered
  • Criminal Law Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: Unfortunately, this happens frequently. If your boyfriend was not arrested at the time of the offense, but was a suspect in the case he would not be aware of a warrant until after the District Attorney's Office has taken the case to the Grand Jury. All this means is that the prosecutor presented enough evidence for the Grand Jury to find that probable cause existed that your boyfriend committed the crime. This is a very low standard and many times even cases that have been indicted get dismissed. It is important that you not discuss anything with your boyfriend as all in custody conversations are recorded, and admitting any knowledge of the burglary may be used against him (along with anything else he tells you). It is a good idea to hire a lawyer under these circumstances as a lawyer will be able to find out more about what is going on, and possibly get his bond reduced.

Kiele Linroth Pace and Lucio Antonio Montes agree with this answer

Lucio Antonio Montes
Lucio Antonio Montes
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Yes, you can be arrested for a warrant that you did not know about. It happens all of the time. Arrest are not always made immediately by the police. A burglary where the suspects where not caught on the scene is a great example. The police investigate and try to determine who did it and when they find out who they think did it, warrants are issued. Just because a warrant was issued, does not mean that your boyfriend is guilty, they just think he is the guy that was involved in the crime. The police do make mistakes and the wrong person can get charged. I would also second the advice given by attorney Locke. Good luck.

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: He could be arrested for burglarizing the home of Spongebob Squarepants. Now you might be thinking, "Well Spongebob does not live in a pineapple under the sea and that he is not real" and you would be correct. Those are excellent defenses that will prevent him from being convicted (unless he takes a plea instead of fighting the charge.) My point is that just because they can arrest you for something doesn't mean they can prove it beyond a reasonable doubt!

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