What to do about an out of state bench warrant?

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What to do about an out of state bench warrant?

My fiancé was just pulled over for going 10 mph over the speed limit. When the officer ran his license he was told he had a warrant out of state. He has no idea what the warrant could be for as we have not been in the other state for nearly 3 years. Yet when he was pulled over 3 weeks ago, the officer did not say anything about a warrant. Can this be the real deal or could it just be a case of mistaken identity?

Asked on November 20, 2011 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It is possible that the police officer had incorrect information about your fiance' when there was a statement that there was an out of state bench warrant issued against him. I suggest that your fiance' do a search as to the supposed bench warrant that is issued against him.

He needs to ascertain the county and state where the warrant was issued. Once ascertained, he need to contact the court clerk about it to see what the status is and if there is a situation of mistaken identity. If the police officer did not arrest your fiance' at the time of the stop for speeding, I suspect that there is no outstanding bench warrant against him. If there was, the police officer would have taken him into custody.


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