Can you be arrested on a 6-month old warrant if there is no charge?

UPDATED: Apr 17, 2013

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Can you be arrested on a 6-month old warrant if there is no charge?

A relative was arrested for DWI 7 months ago when he was affected by heat/dehydration/fever and losing control of driving. He was released instead of being arraigned. No illegal drugs or alcohol involved and he was tested at ER before being jailed. At traffic stop recently he was arrested on 6-month old warrant for DWI. Bondsman and first paralegal talked to cannot find a charge in the system. Is this possible? Is this lack of due process or some other goof-up? Cost for bond, breathalyzer device for car while on bond, and getting attorney is big concern. If this is a snafu by the police/city, can the costs be recovered?

Asked on April 17, 2013 under Criminal Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Based upon what you have written it is entirely possible that a person can be arrested on a six (6) month old arrest warrant even though there is no underlying criminal charge as to it. From what you have written, there seems to be an error in the system and the best way to remedy it is to retain a criminal defense attorney for the relative to assist.

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