Can I be extradited back to Texas for my DWI? 2 Answers as of April 27, 2011

I got a DWI last November and I am due in court soon. I was advised to stay out of Texas for the next 6 years or so, to avoid a conviction on my record, and justified this by saying the warrant and the case would be dropped in a few years and no other state could act on the warrant. Will this case ever be dropped or will the FTA warrant stand indefinitely until it is served. Can I be arrested if I am stopped in a state other than Texas?

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Reeves Law Firm, P.C. | Roy L. Reeves
Whoever told you to simply stay out of Texas is an idiot. Texas can and will issue a warrant for you. When the warrant is issued it will be put into a national database. When it is entered and you are stopped, the officer who stops you will arrest you. When arrested you will sit in the Jail there until Texas arranges for you to be transferred to Texas - your car will be impounded too, since the State where you are arrested cannot allow you bond - they do not have the power to set a bond on a Texas case, so you are going to spend a few days in jail and therefore your car will be towed and impounded. Next, you will be sent to Texas (extradited) and you will sit in Texas Jail until a bond is posted - since you are out of state, the bond is likely to be higher, and the FTA will likely cause a higher bond too.

Texas does not drop old warrants, they just stay in the system until served and yes, another state can and will arrest you for Texas. It is called reciprocity. The only hope you have is the Interstate Detainers Act, but that requires you be arrested and Texas to be notified and do nothing for six months (while you sit in jail wherever). You are better off going to court. And again, whomever told you it will simply go away is an idiot, feel free to tell them I said so when you ask where he or she got their law degree.
Answer Applies to: Texas
Replied: 4/27/2011
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