Lakeway Municipal Court is offering a summer amnesty program through Aug. 30 to dismiss Failure to Appear and Violate Promise to Appear charges under certain conditions.
“Any defendants who want to waive their right to trial and who plead ‘No Contest’ to their underlying charge or charges may seek this relief,” Lakeway Presiding Judge Kevin Madison said.
Since April 2016, Lakeway Municipal Court officials have observed formal standing orders not to arrest individuals with active Lakeway arrest warrants who voluntarily turn themselves in to court staff during normal business hours of 8 a.m.-4:30 p.m. Mondays through Fridays.
Individuals who do not want to invoke their legal right to trial, who want to pay their fines and court costs will also be afforded a time payment plan to pay off all court costs and fines over a period of time, which is normally three months.
Defendants who have failed to appear in court and have arrest warrants and defendants who have been convicted of charges but have failed to pay their fines and have a capias (writ ordering an arrest) will both be given amnesty and will not be arrested if they voluntarily come to the Lakeway Municipal Court, 104 Cross Creek.
Those who appear voluntarily will be given an opportunity to set their cases for court and see a judge or prosecutor, or if they just want to pay their fine and costs they can do so on a time payment plan. Time payment plans normally allow defendants three months to pay their fines and costs. In special situations, the judge may allow a longer period of time, depending on the amount owed and the defendant’s financial situation.
Defendants who are indigent and unable to pay their fines or court costs, will be set for a court date to speak to a judge about their financial situation. If the judge makes a judicial finding that a defendant is indigent and unable to pay the fine and court costs, the judge may offer alternatives to the payment of a fine, such as allowing indigent defendants to perform community service, which is credited at the rate of $13 for every hour worked.
All community service plans must be for nonprofit organizations and must be approved by the court. Examples of court-approved nonprofit agencies are: Goodwill, Salvation Army, Habitat for Humanity, Meals on Wheels, Central Texas Food Bank, Austin Animal Shelter, and Austin Humane Society.
In cases of severe financial hardship, the judge has the authority to decrease the fine or number of community service hours required depending on the severity of the defendant’s financial situation. In severe hardship situations the judge may discharge all or part of the fine and court costs, pursuant to Article 45.0491, Texas Code of Criminal Procedure.
Defendants who do not come in to the court voluntarily to take care of their warrants, are subject to arrest in any public place and at their place of employment. Defendants who are arrested will be transported and booked into the Travis County Jail. Their cars may be impounded if the arrest takes place during a traffic stop. Once booked into jail, defendants will be required to post bail before being released.
It is always best to appear in court and take care of court cases rather than refusing to appear. Those who voluntarily appear at Lakeway Municipal Court to work out a payment plan or to request a court hearing will not be arrested.
