Help With a Situation in Houston, Texas - I Was Arrested for Something I Did Not Do

Were you in City Jail over on Mykawa, Victoria?

If so, were you held in the big "cell" with bunk beds and picnic tables? That usually where Class C Misdemeanors and warrants are held. I do know they won't even look at bonding you out until they get around to a video arraignment. Then, if you plead Not Guilty, they will ignore you for a fee more hours regardless of bonding while they process and release all the people who plead guilty to whatever. Then they'll basically tell you you have to wait until the following day, like you did. I think most of that a just a bully tactic to get you to plead out. Because a good bondsman should be able to get you out. By they don't say that.

The other way to get out is to plead guilty or no contest to whatever C misdemeanor they have you on (if possible) then turn around and file an appeal which will essentially send you case back to a Municipal judge a few months later.

In my opinion. they play dirty at that jail. I've seen it and heard about horrible things. Not too long ago, a young woman hung herself with the cord the pay phone and died while being jail for Public intoxication. I know of two other cases where arrestees were taken 911 to Ben Taub after the staff ignored obvious medical emergencies that arose ( diabetic incident and a high blood pressure incident). Only when the jail nurse stepped in were the issues addressed. It's crazy down there.

My cousin actually went down to the jail the very night I was arrested to see about bonding me out. She was told that no bond was possible because I was pulled in on municipal charges.

So, I am guessing unless you are pulled in for something criminal (felony), then no bonding is allowed? I have no idea about this, or if that is just something specific to CoH or Harris County. Originally Posted by Victoria of Houston

Class C misdemeanor citations (a/k/a 'tickets') are criminal offenses and bail is set at the arraignment, just like for any other criminal offense. I think your cousin was confused.

There's an exception to the foregoing. If a person is issued a citation and they don't show up for court, the court may issue an arrest warrant called an 'alias warrant.' Alias warrants are bondable by a bail bondsman or attorney (attorneys can write bonds in Texas). However, if a person is issued a citation, goes to court, pleads to the offense, but fails to do what's required in the plea, the court may issue a 'capias warrant,' which is NOT bondable.

Victoria, my advice to you is to go in person to the City of Houston Courts, go to the public information window, briefly and clearly explain that you may be a victim of identity theft, and go talk to someone who may help you.

Capias warrants are a bitch.

At this point in time, it shows only two of the tickets/warrants and that they were dismissed.


At the time I was arrested, I have no idea because I had no idea I should have them to begin with.

The last time I had checked my record was back in 2011, when I had to obtain it for my visa application. At that time, which was well after all of the supposed 6 warrants were already supposed to be there, I didn't have anything on my record. That is why I am suspicious of the whole thing.

I did try and explain out my case and everything to the cop as well, calmly, etc. But he wasn't hearing any of it.

Class C misdemeanor citations (a/k/a 'tickets') are criminal offenses and bail is set at the arraignment, just like for any other criminal offense. I think your cousin was confused.



Victoria, my advice to you is to go in person to the City of Houston Courts, go to the public information window, briefly and clearly explain that you may be a victim of identity theft, and go talk to someone who may help you. Originally Posted by ShysterJon

She asked them twice at the jail, once was even when she came to visit me. They told her both times that "traffic warrants are municipal and someone cannot be bonded out for them." Also at my arraignment, my judge said nothing about a bond amount or a bond being set. So, I have no idea why that would happen.

I will try the ID theft thingy, maybe someone will be able to give me more information. :/

Were you in City Jail over on Mykawa, Victoria?

If so, were you held in the big "cell" with bunk beds and picnic tables? That usually where Class C Misdemeanors and warrants are held. Originally Posted by Your Naughty Muse

Yes, that is exactly where I was the whole time.

All I can tell you is what happened to me. I have never been arrested, have no legal training or knowledge, so have no idea if how it was handled for me was right or wrong (likely, even more how they want it).

I was taken in after I was arrested. Processed within about 15 minutes and put in that big room with everyone else. Was told I would have my arraignment the next morning.

Had it the next morning at 9am. Judge wouldn't listen to anything I had to say about my situation, told me I just had to plead guilty or not so I pled not guilty. She said she would dismiss half of my warrants based on the amount of time I had already spent in jail. She did not say anything about a bond or amount or anything.

During the two days my cousin asked twice about bonding me out at the jail, they told her it was municipal so no bond was allowed.

Had to wait until the next morning when they assigned me a court time, got assigned for 4pm. Went to court at 4pm, was made to wait in a small room adjoining the court room. After 10 minutes or so of that, the jailer came back and said everything had been dismissed (so I didn't even go into the court or see the judge or anything at that point). Was released about an hour later. That's all I know.

They don't tell you anything in there, and I even had to go back the next day on my own, and ask for my release sheet, showing that everything had been dismissed.

Following up on Jon's comment of potential identity theft, when was the last time you had a credit report done on yourself?

While it could possibly be identity theft, I asked around and several of my friends had stories almost identical to Victoria's. People taken in for Class C misdemeanors. Told they could get out if they pled Guilty. Made to stay 2 days when they pled not guilty, only to be told everything was dismissed the next day. Disturbingly, in one case, the defendant was told everything was dismissed and then when her lawyer followed up a couple days later, was told the client actually pled No Contest. Had to appeal the case to actually get the dismissal.

I can't believe they haven't had a full scale investigation down there after the woman hung herself in the holding cell. At the very least, they are extremely incompetent.

By the way, a lawyer friend of mine said he was stopped on a holiday weekend told he had a warrant because he had failed to send in a form for some earlier traffic offense. They gave him the choice to call in and pay by phone or go to jail until the next business day. He called in and paid.

Following up on Jon's comment of potential identity theft, when was the last time you had a credit report done on yourself? Originally Posted by Unique_Carpenter

I actually got my free report almost a year ago. I moved back into the country in November last year and did my credit report then. I didn't see any suspicious activity or anything that wasn't me, so I really don't think I've had any sort of ID theft going on.

While it could possibly be identity theft, I asked around and several of my friends had stories almost identical to Victoria's. People taken in for Class C misdemeanors. Told they could get out if they pled Guilty. Made to stay 2 days when they pled not guilty, only to be told everything was dismissed the next day. Disturbingly, in one case, the defendant was told everything was dismissed and then when her lawyer followed up a couple days later, was told the client actually pled No Contest. Had to appeal the case to actually get the dismissal.

I can't believe they haven't had a full scale investigation down there after the woman hung herself in the holding cell. At the very least, they are extremely incompetent.

By the way, a lawyer friend of mine said he was stopped on a holiday weekend told he had a warrant because he had failed to send in a form for some earlier traffic offense. They gave him the choice to call in and pay by phone or go to jail until the next business day. He called in and paid. Originally Posted by Your Naughty Muse

Ridiculous! Can't believe this is happening on such a wide scale. I wish there was a way for all of us to get together and make some sort of appeal to CoH.

I was driving home from school on a Tuesday night about a month ago (September 9 I believe). I go to HCC Central. It was about 7:30p and I was on San Jacinto right near Elgin. I got pulled over because I had an expired inspection (fair enough). After taking my license and spending a good 15 minutes back in his car, the office came back to my car and told me that I had 6 warrants, and that I had to pay them right then, or he was going to arrest me and take me to jail.

He had me come and sit in the back of his car, and looked up more info on his little computer. He then told me I had two traffic tickets from 2003, 2 from 2009 and that I also had 2 "Failure to Appears" which all had turned into warrants. All with City of Houston (not Harris County).

I tried to explain to him for many reasons how these could not be my warrants (I will explain this in a bit). He told me the fines totaled up to some ridiculous amount, like over $1500, and that if I could pay them right then, he would let me go. He told me he could call some City of Houston number and I could pay it over the phone. I tried many times again to explain how these could not be my warrants. In the end, he arrested me (yes, with handcuffs and everything) and took me to jail. I spent two nights and two days there, and was released around 6pm on Thursday. Originally Posted by Victoria of Houston

In this case, the fourth amendment is most important"The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

It is pretty obvious your fourth amendment rights were violated, but let me ask you a few questions, Victoria.

1. Do you think that people should let the police go ahead and search their vehicle if the police request to do so? In other words, if you have nothing to hide, should you let the police search your car?

2. Black men get put in jail at 10X the rate of white men and black women and 100X the rate of white women. Do you believe that is due to white women committing 100X less crime than black men?

3. Do you believe the riots in Ferguson are mostly due to a white cop shooting a black kid? Or do you think much of the rioting is due to white cops in the St. Louis area systemically abusing blacks and stealing from them?

For me, I wouldn't let the police search bc I fear they might plant something. I think black men are arrested at 100X the rate of white women bc the cops can get away demonizing black men more easily than any other race/sex combination, and finally, hell yeah, the white St. Louis cops are pillaging the poor, mostly blacks, in the St. Louis area: http://www.washingtonpost.com/news/t...-from-poverty/

The incredible destruction of civil rights in this country has been going on in front of our noses, and we inevitably tune it out. Thing about lawyers is that many (not all but many) are entrenched with this corrupt system to make a living. On the one hand, Shyster Jon's comment about sovereign immunity is dead on, but the other about identity theft, well seeing as how I like him, I will just say that I hope that he just isn't familiar with the low brow tactics that go on in the Houston area.

I have a story similar to yours in Parker County Texas, and Parker County is the second most ticketed county in Texas with Montgomery near Houston being number one.

Thing is that it is not all of Parker County; it is one shitty town called Willow Park with a population less than 1500 I believe that does the most damage. They'd have cops out Friday night making $9 an hour stopping three cars at a time. When I went in for my ticket, I notice the city had one day slotted off for court every month while handing out nearly 360 tickets per month. So if everyone in a month fought their tickets and went to court, it would take 30 years to go through just one month's worth of tickets.

How do you give out so many tickets then and not violate people's civil rights? It is impossible.

But nobody cared when I talk to them. People have this crazy notion that if you got a ticket you had to have done something wrong. The truth is a police officer can always find a reason to give you a ticket. I recognized at that point that nobody gives a shit about civil rights until something bad happens to them or someone they know and care about.

Jail is supposed to be about putting people away who are a threat to others. Even the evil concept you ran into, jail as a collection agency, misses how law enforcement, their unions, and for profit prisons are cashing in on incarceration. Throw in the commissaries with their 1000% markups and cheap prison labor at 50 cents or less an hour, and the one word guarantee of future wealth from the movie the "Graduate" today would not be "plastics" but "prisons".

Victoria, I bet it never occurred to you that one reason you have may have been jailed is someone was making money off of your being there.

But to me, the worst is the lack of shame. With 50% of black men, 45% of Hispanic men, and 40% of white men arrested and jailed prior to age 24, there is no shame. Hell, it is getting so a young guy is almost weird if he doesn't go to jail. But I am certain this sexist trend will right itself, and more women will be arrested too.

Most blacks I know talk about weekend jail stays like whites do hotels. Just ask the next black person you see if they have been arrested and what the jail was like, and they will give you a review like you read on Yelp. "The guards gave good service (4 stars), but the food was terrible (2 stars)".

The police don't excuse the poor prison conditions and staffing issues either. One was shaking his head as he put a white executive type away for a DUI, and he asked the officer in a terrified voice, "You are leaving me with them?", and the officer could only shrug. He told me that he didn't like it either, but what could he do?

The worst is people who need medications not being able to get them.
If you are jailed in Tarrant County, they will not allow you to continue taking your controlled substances. I don't know how they get away with this shit, but they do. The death rate in prisons due to neglect is something no one wants to talk about, but it is way under reported and a travesty.

When someone tells me they have been jailed, I don't ask what they did wrong. I ask what they were nailed for, and I am told all this benign stuff: traffic tickets, probation violation, a Tylenol rolling around a car not in the proper pill bottle.

Law enforcement gets creative violating the fourth amendment. One way they steal is to not put you on trial but your money:
https://www.youtube.com/watch?v=3kEpZWGgJks

The other BS excuse legal beagles made up is the Fourth Amendment only applies to criminal and not civil matters. I don't know where this shit came from, but it is not true: http://en.wikipedia.org/wiki/One_195...._Pennsylvania

The irony about this blatant theft is that the only people talking about it are the Washington Post, Radley Balko, an excellent TV crew in Tennessee, and the comedian John Oliver, and even they have to almost apologize for not being too anti-law enforcement.

Balko is the only member of the media on the civil rights bandwagon that is all in. He just published stats showing crime is a multi decade lows, police deaths are at multi year lows, and yet the police are buying military grade gear. What is going on?

Seeing as how marijuana busts were where police and for profit prisons made so much money, the police are going to look for other people to fleece if the marijuana legalization trend continues.

The defined pension benefit plans many police departments and cities are on the hook for mathematically work with 10% interest rates, and they fall on their face at 1%. The math is there for anyone to see. The police are going to have to go without or steal from others, and no one should be surprised at which route I think the police will go.

Do you remember in one of the Lethal Weapons movies where the killer was from a foreign country and held up his foreign national pass and said, "Diplomatic immunity". Danny Glover shot and killed him and said, "It's just been revoked." That was a great one liner because he killed the bad guy, but today the folks with immunity are the state and law enforcement. Soverign actually means king, and soverign immunity is basically an admission from the government that we are in a dictatorial police state. Unless it is an egregious error, you have to ask those in government for permission to sue them. I swear I am not making this up.

So if you are put in jail for a few days due to someone in government making a data input error, you are shit out of luck. Forget about suing. Hey, the person putting your information in a computer might have had a hangover. You gotta live, right?

If someone owes the government $1500, the government can say, "Pay up or go to jail." Why can't a creditor do that? If someone owes the creditor 10X more, how does it make sense that government debt is worse? Isn't owing $15,000 worse than $1500?

I just don't know how you stop our being in this police state. I can't believe that anyone thinks we are free when we have the incarceration rates we do which are the highest in the world.

The way our civil rights were taken from us is the same old song, fear, and we have never been safer or lived longer. Given how low crime is now, isn't it time we had fewer soldiers, jails, and police officers? Ebola, AIDS, terrorism, and drugs are not reasons to toss our civil rights in the trash.

Serving on juries would help, getting involved at the local level might help as well, but I am just wondering if the police are too entrenched.

The military took an oath to defend the Constitution against all enemies foreign and domestic. Instead of our troops "defending our freedom" protecting oil fields in Iraq and the heroin fields in Afghanistan, wouldn't it be great if they actually did that here? The next time some cop accuses a person's $20,000 in cash with a crime, I'd love to see a set of soldiers in a tank roll up to the police station, and say, "Give it back you traitorous mother fuckers, or we fire."

I can dream, can't I?

I have no doubt you are a victim of "policing for profit".

http://www.nytimes.com/2014/11/10/us...eize.html?_r=0

http://www.nationalreview.com/corner...onique-de-rugy

http://www.ij.org/forfeiting-justice

http://endforfeiture.com/

woodyboyd, Eternal Bachelor thanks for the verified education, sobering information!

While I respect Jon's opinion, and he is probably right when it comes to "sovereign immunity" to suing the city, I still think Victoria has a legal remedy if there is lawyer willing to take on a pro-bono civil rights violation law suit. It is 100% wrong for a police officer to arrest an individual for a traffic stop regardless if they have outstanding warrant (minor/non-violent offenses). At the most, the cops should cite the individual to appear. People who don't know there may be warrants in their name should not be subjected to summary arrest. Their due process rights are being violated. One last thing, never, ever give the cops permission to search your vehicle. Make them prove probable cause or get a warrant. Bad cops get away with so much bull shit b/c most Americans are STUPID and don't know their rights.

While I respect Jon's opinion, and he is probably right when it comes to "sovereign immunity" to suing the city, I still think Victoria has a legal remedy if there is lawyer willing to take on a pro-bono civil rights violation law suit. It is 100% wrong for a police officer to arrest an individual for a traffic stop regardless if they have outstanding warrant (minor/non-violent offenses). At the most, the cops should cite the individual to appear. People who don't know there may be warrants in their name should not be subjected to summary arrest. Their due process rights are being violated. Originally Posted by Cpalmson

It's one thing to call for a change in the law, but it's quite another to claim that arresting a person because there's a warrant for their arrest means "[t]heir due process rights are being violated." That's just a false statement. If a person sued a city because a cop arrested the person because they had a warrant, they'd lose. they may even be subject to monetary sanctions for filing a frivolous lawsuit.