How Failing to Appear Can Turn You into a Fugitive

Most of us would never imagine the word fugitive could apply to us simply because we forgot about a traffic ticket. Unfortunately, this is not the case. A missed court date, even if it is for a minor traffic infraction, can land you in plenty of trouble. Should you neglect to appear for your court date, a Houston arrest warrant will be issued for you, meaning the police have the right to arrest you at any time or any place. While it’s true that the police generally don’t have the time or resources to run around a huge city banging on doors in an attempt to arrest every person who has neglected a traffic ticket, they do have that option.

In fact, for a failure to appear on a relatively minor matter, the police may not even bother to go to your home—but don’t breathe a sigh of relief just yet. Suppose you are driving to work, or taking your child to school, and a police officer pulls you over because of a cracked taillight or some other minor infraction. Once he runs your license the Harris County arrest warrant will become evident and he will likely take you into custody. If there is no one with you your vehicle may be towed and impounded, or if you have children with you the situation can get even uglier. If you are unable to find someone to come and pick up your children they could possibly be taken by Children’s Protective Services until the matter is resolved.

Facing the Additional Charges
A Failure to Appear charge is considered a separate criminal offense from the original traffic offense which required your presence in court. If a City of Houston arrest warrant was issued for your failure to appear and you are aware of the warrant, hire an attorney immediately before you have made further mistakes. The attorney can post a Harris County traffic bond on your behalf, although you can also do this directly or go through a bail bondsman. If you take care of the warrant immediately, then you avoid being arrested while you are having dinner with your family or sitting at your desk at work. Once your Harris County bond has been posted, a new court date will be set—a court date that you absolutely must not miss. Some judges will be lenient on a first Failure to Appear, but they will not look so kindly on you when it happens a second time.

I’ve Been Arrested on a Traffic Warrant—What Should I Do?

Although many of us are under the impression that neglecting to show up for a simple traffic ticket hearing is really no big deal, should you find yourself being taken into custody under a City of Houston arrest warrant you may be shocked to realize how serious it really is. Perhaps you were busy and simply forgot about your court appearance, or maybe you really thought it was not crucial that you appear. If you suddenly find yourself being arrested—in a critical situation with no prior warning—you are likely stunned and scared, wondering what to do next. Many times these Houston arrest warrants are carried out at your home or place of work, causing embarrassment and humiliation. In some cases you may be stopped for something simple like a broken tail light and find yourself being loaded into a police car once the officer runs your license and sees the outstanding warrant. However it occurred, it would be very wise to contact an experienced attorney who can assist you with your legal crisis.

After the Arrest
As if it weren’t bad enough being arrested, possibly in front of family members or co-workers, you still have hurdles to get past. You will be obligated to post a Harris county bond or bail bond in order to ensure you don’t linger in a jail cell. As soon as the bond is posted it will be necessary for you to appear in front of a judge and offer a reasonable explanation as to why you missed your first court date. Although you have every reason to be upset, it is never wise to put forth an angry attitude toward the judge, rather you should be respectful and polite. Don’t forget that it is within the judge’s power to let you go with a dent in your checkbook and a slap on the wrist or to send you to jail. Since jail is not where you want to be, it can be extremely important to speak with a Houston attorney who can explain your current options to you and help you decide what you need to do.

Little Understood Fact—Traffic Tickets are Criminal Cases

The United States is truly a nation that loves to drive, and Houston and the surrounding areas are certainly no exception. In fact, by most estimations as many as 89 percent of the adults in America own a car, using it to commute to work, run errands, go on vacation and taxi their children from place to place. Unfortunately, with all this driving comes the inevitable traffic ticket. If you misplace that ticket or simply forget to pay it on time you could find yourself hit with a Harris County arrest warrant wondering what on earth to do next. In determining whether you should post a bond in Houston or not, it is probably wise to consult an experienced attorney at this point.

Traffic Tickets a Billion Dollar Industry
Let’s face it—anybody with a driver’s license has made the occasional driving mistake resulting in literally millions of traffic tickets being issued each year in the United States.  Many people commit traffic violations without even realizing it—unfortunately the law does not accept ignorance of a traffic law as a valid excuse. Traffic tickets are intended to be a deterrent to driver mistakes due to the cost-if you’ve received a traffic ticket lately you were likely stunned by the amount owed since traffic tickets have evolved into a billion dollar industry.

Infractions vs. Violations
Whether you inadvertently or willfully committed the traffic violation remember that traffic tickets are considered criminal cases although there are varying levels of seriousness. Non-moving violations or moving violations which are considered non-dangerous fall in the category of infraction meaning the person committing such a violation cannot be jailed, receive an unreasonably large fine, have a jury trial or be entitled to a court-appointed attorney. Speeding tickets can garner a relatively large fine, depending on how many miles per hour beyond the posted speed limit you were driving.

In some cases speeding can be considered a form of reckless driving meaning it turns into a more serious moving violation. Other serious moving violations include running a stop light or stop sign which could potentially result in the injury of another person. Misdemeanor and felony traffic violations also include DUI, reckless driving, driving without insurance and failing to stop at an accident scene. If you’ve been charged with a more serious traffic infraction, you are entitled to all the normal rights afforded to criminal defendants.

The True Cost of Failing to Appear

If you believe that failing to appear on a traffic ticket may be a relatively harmless matter, you could be very unpleasantly surprised to find yourself under the cloud of a Houston arrest warrant. Of course it is much better for you if you actually know about the arrest warrant than if you are totally unaware of it. Although Houston police officers generally have much more serious issues to contend with than tracking down those who have neglected to pay a traffic ticket, they do have the option to find you wherever you may be (home, school, work) and arrest you immediately. Further, during Houston’s annual warrant roundup the police are actively looking for those who have neglected to pay their fines or show up in court as promised. To have police officers come into a person’s place of work and take them away in handcuffs would be a devastating experience for most all people.

When You’ve Been Charged with Failure to Appear
Suppose you received a ticket for a minor traffic infraction, put it into a drawer intending to pay the ticket or appear in court and contest it, then simply forgot about it. In our ever-increasingly busy lives, this is actually a fairly common scenario. Next thing you know there has been a Failure to Appear charge levied against you and a City of Houston arrest warrant issued. Although it is certainly reasonable that you would panic at this point and send in the money immediately, living in fear until the check cleared, you should be aware of the consequences of doing so. Remember that a Failure to Appear charge is a totally separate and new charge against you in addition to the original traffic charges.

Should you send in your money for the past due ticket, you must be aware that you have effectively pled “guilty” to the offense, and now have a conviction on your record—even though traffic issues seem minor, they are generally considered criminal cases. That conviction adds points to your driving record, increases your insurance rates, and can even be responsible for jeopardizing your current job or preventing you from obtaining a future job. Should you receive too many points on your driving record you could even face having your driver’s license suspended—a serious occurrence for most Americans.

What to Do When Your Bond Has Been Revoked

Suppose you neglected to either mail in the fine or appear in court after receiving a traffic citation. Soon you’ve forgotten about the entire thing as your busy life takes over only to find yourself rudely jolted back to earth when you learn there is a Houston County arrest warrant issued for you. At this point you can decide to head down to the Courthouse, hoping you get a kind judge who will believe your story as to why you missed your court date. If you are very lucky, the judge will simply re-set your court date. Notice I said if you are very lucky, so please do not assume this is the norm. More likely the judge will require you to post a bond to ensure you show up for your next court date. A Harris County traffic bond is also applicable if you did not realize there was an arrest warrant and were actually arrested or if you knew about the warrant and had either a bail bondsman or your attorney post a bond on your behalf.

When Your Bond is Revoked
Posting a Harris County traffic bond allows you to continue with your normal life, work and family until it is time for your next court appearance. The bond is presumed to be incentive for you to remember to show up for court since you lose your bond money if you don’t appear. Should you miss that second court date, not only will you likely be in serious legal trouble, you may also have your Harris County traffic bond revoked. If you didn’t hire an attorney the first time you missed your court date, it is absolutely time to do so now. The judge in your case is not going to take a second skipped court date lightly, and handling the situation on your own is not advisable.

If you choose not to seek legal help then in addition to bearing the cost of having your bond revoked, yet another Houston County arrest warrant will be issued, and this time the police may actively seek you out in order to execute the warrant. Bear in mind that the police officers who are sent out to find you and arrest you could care less where that arrest takes place. You could be arrested while out with your family, while at work, while taking your children to school or even at a school function. The officers will arrest you where they can find you regardless of the embarrassment it may cause you. In the end you could be facing your original traffic charges, two Failure to Appear charges and a revoked bond meaning you will be stuck in jail.

Could Houston’s Annual Warrant Roundup Affect You?

Every year the state of Texas holds a two-month long great warrant roundup and if you happen to be “asked” to participate in the roundup it is not nearly as much fun as it might sound. Those individuals who have neglected to pay a traffic ticket or other Class C misdemeanor ticket may find themselves actively pursued under a City of Houston arrest warrant. Just last March Houston began their annual warrant roundup clearing nearly 30,000 warrants, netting two and a half million dollars in outstanding fines and making over four thousand arrests.  These roundups are a significant source of revenue for Texas counties, however if your name is on the warrant list should you simply pay up? While the threat of being arrested at your home or place of work is frightening enough to cause you to immediately write out a check, in many cases it is much more advantageous to consult an experienced traffic attorney who can offer you some options.

Posting a Bond vs. Paying Your Tickets
If you know that you have an outstanding Houston arrest warrant you are probably in a better position than those who are unaware of the fact. Knowledge of the arrest warrant gives you time to avoid a potentially embarrassing situation such as being arrested in front of your boss and co-workers. Before the roundup officially kicks into gear, you have the option of posting a Harris county traffic bond which can give you some time to decide how you want to handle the situation. A Sugarland bond or Jersey Village bond can also be posted should you reside in those areas. Posting a bond is not difficult and can allow you and your attorney to decide whether you will ultimately pay your tickets and suffer the consequences or fight for a better end result such as deferred adjudication or a mandated defensive driving course. Simply paying your ticket can result in a variety of repercussions, none of them particularly good. You will accrue points on your driver’s license, be subject to higher insurance rates and in some cases your employment may even be affected.

City of Houston Municipal court Fine and Bond schedule

As of January 2010
 
Note: Fine amounts and costs are subject to change.
For fine amounts not listed, call 311 or (713) 837-0311
Telecommunications device for the deaf (TDD) call 311 or (713) 247-8591
Also visit the city of Houston municipal court website at
WWW.HOUSTONCOURTS.ORG

SPEEDING VIOLATIONS

MPH Over Limit	Speeding in POSTED ZONE		Speeding in SCHOOL ZONE		Speeding in CONSTRUCTION ZONE (workers present)
1-5MPH		$170	$220		$235
6-9 MPH		$180	$235		$260
10-14 MPH		$200	$250		$295
15-19 MPH		$245	$270		$380
20-29 MPH		$265	$295		$430
30 MPH & Over		$300	$325		$500

MOVING VIOLATIONS (NO ACCIDENT INVOLVED)

VIOLATION	TOTAL WINDOW FINE
Running a Red Light or a Stop Sign	$230
Failure to Obey Must Turn Signal	$180
Change Lanes Not In Safety	$180
Driving at Night without Lights	$180
HOV Lane Violations	$170
No Registration/Receipt for Commercial Truck/Trailer	$155
Failure to Change Address on Driver’s License	$105
Defective Equipment Violations (non-commercial vehicle) (non-functioning/missing lights, brakes, mufflers, mirrors, etc.)	$130

Driver Responsibility Law

Points system The Driver Responsibility law (TRC § 708; Article 10, House Bill 3588, 78th Legislative Session) establishes a system which assigns points to moving violations classified as Class C misdemeanors and applies surcharges to offenders, based upon the type of offense and the time period in which the citation was received. For each conviction, DPS will assign points to a person’s driver record as follows:

1. Two points for a moving violation conviction in Texas or that of another state. Moving violations are defined by 37 TEX. ADMIN. CODE §15.89, which includes a list of those violations that will be assigned points.

2. Points will not be assigned for speeding less than 10% over the posted limit or for seat belt convictions

3. Child Safety Seat Violations will accrue two points.

4. Three points for a moving violation conviction in Texas that resulted in a vehicle crash.

Points accrued remain on the driver record for a period of three years from conviction date. An offense committed prior to September 1, 2003 will not apply to the assessment of points under the program.

Points Surcharge
DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The surcharge assessment will be reviewed annually. If driver record continues to reflect six or more points during the prior three-year period, the surcharge will be assessed. Therefore, drivers may be required to pay for one or more years if six or more points continue to accumulate on the driver record. The driver is required to pay a $100 surcharge for the first six points and $25 for each additional point. Point surcharges are cumulative and may vary with each annual assessment if convictions are added or removed from the driver record. 

High-Speed Chase Ends on Dallas Love Field Runway

High-Speed Chase Ends on Dallas Love Field Runway

DALLAS—An hour-long police chase late last month ended in the arrest of a suspect wanted in connection with several robberies in the Dallas area. Michael Lawrence Brown, 46, was taken into custody next to one of Love Field airport’s busiest runways after leading police on a high-speed chase through the city. 

Police said that a gray Chevy pickup, which had been stolen at knifepoint from the Sheraton Hotel in Fort Worth, was spotted at an apartment complex in the area of Preston Road and Belt Line Road in north Dallas around 2:30 p.m. on Thursday, August 19. This started a chase that ran down the service roads of Central Expressway.