Removing Warrants For A Traffic Ticket In Lewisville
Removing Warrants For Traffic Ticket In Lewisville Municipal Court
Once a traffic ticket has gone into warrant status in Lewisville Municipal Court, it is crucial that you understand exactly how that case could impact you if it is not resolved properly. This article is intended to help those that have outstanding traffic tickets in Lewisville Municipal Court that have gone into warrant status. If after reading this article, you would like to discuss your warrants with an experienced legal team, feel free to contact our office at 214-321-4105.
How Warrants Are Issued For Traffic Tickets In Lewisville Municipal Court
Warrants can only be issued by Lewisville Municipal Court after an appearance date has been missed once a traffic ticket has been issued. The appearance date is listed on the citation after a police officer issues the citation. By law, the least amount of time a person has to contact a court in Texas is 10 days.
After the appearance date has passed a judge can legally sign off on an arrest warrant. It is important that the warrant is not due to the traffic offense charged. There is no punishment of jail time for traffic offenses in Texas. The warrant is only issued to force an appearance by the person who did not contact Lewisville Municipal Court to choose how to resolve their case.
How Warrants Are “Lifted” By Attorneys In Lewisville Municipal Court
Attorneys refer to the removal of a warrant as “lifting” the warrant. A warrant is lifted by the Lewisville traffic ticket lawyer posting an appearance bond. This is a legal document that is signed under oath by the lawyer that promises Lewisville Municipal Court that no future court dates will be missed by the defendant. Further, that the attorney will work to resolve the case or set it for trial as needed. In exchange for that promise, the attorney also subjects herself to civil liability in that if the court date is missed in the future she can be sued for the full amount of the fine. This incentivizes both the defendant and the Lewisville traffic ticket lawyer to ensure the case gets resolved without missing any new court dates.
What Happens After A Warrant Is Lifted In Lewisville Municipal Court
After a warrant is removed in Lewisville for traffic tickets, the case is basically reset to the beginning. A defendant is afforded a pretrial hearing where their lawyer can then go in to Lewisville Municipal Court and discuss the facts and circumstances of the case with a prosecutor that works for the City. A lawyer can also determine if there are any legal reasons for dismissal of the case.
Legal reasons for dismissal are separate and independent of factual reasons for dismissal. Legal reasons for dismissal are based on a violation of a person’s procedural due process rights. Procedural due process rights are based on the idea that before a person’s life, liberty or property can be taken away there has to be proper notice and hearing in order to afford that person an ability to defend themselves. The question traffic ticket lawyers in Lewisville ask is whether or not a person has been deprived of that basic legal ability. In the context of a traffic citation, a person must be given notice of the type of offense they are being charged with and it has to be outlined in a document referred to as the complaint. Article 45.018 of The Code of Criminal Procedure states that a complaint must at least contain the following:
Art. 45.019. REQUISITES OF COMPLAINT. (a) A complaint is sufficient, without regard to its form, if it substantially satisfies the following requisites:
(1) it must be in writing;
(2) it must commence “In the name and by the authority of the State of Texas”;
(3) it must state the name of the accused, if known, or if unknown, must include a reasonably definite description of the accused;
(4) it must show that the accused has committed an offense against the law of this state, or state that the affiant has good reason to believe and does believe that the accused has committed an offense against the law of this state;
(5) it must state the date the offense was committed as definitely as the affiant is able to provide;
(6) it must bear the signature or mark of the affiant; and
(7) it must conclude with the words “Against the peace and dignity of the State” and, if the offense charged is an offense only under a municipal ordinance, it may also conclude with the words “Contrary to the said ordinance”.
(b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made.
(c) A complaint filed in municipal court must allege that the offense was committed in the territorial limits of the municipality in which the complaint is made.
(d) A complaint may be sworn to before any officer authorized to administer oaths.
(e) A complaint in municipal court may be sworn to before:
(1) the municipal judge;
(2) the clerk of the court or a deputy clerk;
(3) the city secretary; or
(4) the city attorney or a deputy city attorney.
(f) If the defendant does not object to a defect, error, or irregularity of form or substance in a charging instrument before the date on which the trial on the merits commences, the defendant waives and forfeits the right to object to the defect, error, or irregularity. Nothing in this article prohibits a trial court from requiring that an objection to a charging instrument be made at an earlier time.
If an attorney determines that a case is legally sufficient, then at that point, they will normally begin the negotiation process of trying to obtain an offer from the prosecutor that protects a client’s permanent driving record.
However, if a client has a factual reason for dismissal, then the attorney and client will begin to discuss those reasons and also the cost of trial. Factual reasons are based on the circumstances of the roadway on the date of the offense. Common factual statements that Lewisville ticket lawyers hear are:
- The police officer clocked the wrong vehicle
- There were no signs showing a particular zone existed
- There were no workers in the work zone
There are of course many other reasons that can cause a factual issue for trial. Understand however, that most Lewisville ticket attorneys do not charge for trials in their initial fee to lift a warrant. Attorney fees for trial are almost always a separate and additional fee that must be discussed with the lawyer if a client truly wants to take a case to trial.
Discuss Lifting Your Warrants In Lewisville, Texas With An Attorney
As one can tell by reading this article, there are so many different variables when it comes to removing a warrant and defending a ticket in Lewisville Municipal Court. The key is to discuss your case with an experienced lawyer that can help instruct you on what actions to take to protect your driving record, insurance rates and driving privileges. Take the time to contact a lawyer in Lewisville today.