If the police came into my home, removed marijuanna paraphanaila (spelling??), did not give ticket but year later I have a warrent. Is that lawful?

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If the police came into my home, removed marijuanna paraphanaila (spelling??), did not give ticket but year later I have a warrent. Is that lawful?

The police came into my house, removed the stuff, and I did not get a ticket, never got anything in the mail saying they were filing charges, never had a court date, but now I failed a background check and after chasing this down for a month they say I have a warrant. Should I not have had the chance to go to court or atleast known that I had charges against me. I did not ever get a chance to pay a fine or anything.

Asked on April 23, 2009 under Criminal Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

They may have issued you a ticket by mail, but it got lost and then turned into a ticket.  Why did the police come into your home in the first place? Was it a part of a search warrant or domestic call and paraphanalia was found in plain sight or during the search.

You need to contact private counsel to search the history (the how did this happen and come to this), help you resolve it and then try to have it expunged from your record (so you don't fail a background search).  Word to the wise -- stay away from the drugs -- honestly not gonna do you any good.  Try www.attorneypages.com and Texas State Bar to locate a private criminal defense attorney (especially one with experience in your situation).


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