Q: Didnt know about warrant issued 6 years ago never been arrested or contacted by police what can happen?
So I work for a big bank as a fraud invesitgator going on 4 years they did fingerprinting and background check before hiring me everything was fine. I went to enlist in Military an a background check was performed an they stated i have a active arrest warrant for tampering/w gov document. Im very confused and scared because i never been in trouble or arrested before in my life i just found out my ex-husband got in trouble with military an kicked out and he had a fake id with my face on it and they filed a police report since i was civilian that i must of had dealing with what he had going on an tried to use the fake id to open fraud account's which isnt true i was in a domestice violence case with him an moved back home pregnant with parents i had no idea all this was happening being that i left him an the state an had a temp no contact order against him.I cant join the military until this is resolved. I was told its a Class A Misdeamenor in TX. Is there any statue of limitation?
A: Unfortunately, the statute of limitations is paused once a case is filed. However, you do have a right to a speedy trial. To avail yourself of that right you need to clear the warrant (this is something that an experienced criminal defense attorney should know how to do in the jurisdiction with the warrant). After the warrant is cleared your attorney should file a motion to dismiss for a violation of your right to a speedy trial. Now that you are aware of the warrant you need to act as quickly as possible to get this behind you. Make sure that you hire an attorney from the county where the warrant is pending. Good luck and I am happy to speak with you to discuss details that might be specific to your case.
A:
Discovering an unexpected warrant can be unsettling, especially when it's linked to actions you were not involved in. The first step in addressing this is to contact a lawyer. An attorney can help you understand the specifics of the warrant and advise on the best course of action.
In Texas, the statute of limitations for a Class A misdemeanor is generally two years, but it's important to note that the clock stops if a warrant is issued. This means that even though the alleged incident occurred years ago, the warrant keeps the case active.
Your situation is further complicated by the involvement of your ex-husband and the use of your identity in potentially fraudulent activities. It's crucial to gather any evidence that supports your lack of involvement, such as records of the domestic violence case and the no-contact order.
Your lawyer can assist in potentially having the warrant quashed and the charges dismissed, especially if you were a victim of identity misuse. They can also guide you through the process of clearing your name, which is essential for your career and future endeavors like enlisting in the military.
Remember, addressing legal issues like this can be complex and requires professional guidance. It's important to act promptly to resolve the situation as smoothly as possible.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
