Legal Question in Criminal Law in Texas

Affirmative Link?

A 19 y/o male who lived at his parents home was asleep in his room when the Narcotics Task Force busted into the home. The father and mother both had methanphetamine in their possession,less than 1 gram, and prescription drugs (not their prescriptions)were found in the kitchen. The 19 y/o son was asleep in his room. He was arrested as well as the parents. No drugs or paraphenalia were found in the 19 y/o's room or on him. He also has no previous criminal record. He is being held in the county jail on $125,000.00 bond. He has been in jail 30 days, has not spoken to his court appointed attorney nor was a copy of the search warrant shown or given to him. I have checked with the County Clerk's Office and requested to see a copy of the affidavit and search warrant. The clerk's office claim they do not have one. What can be done to help this 19 y/o? The DA for the county has said he has been out for the parents for many years. I have an appointment with the court appointed attorney on this young mans request. Please advise. We are dealing with a very crooked county and law enforcement. Thanks so much.


Asked on 3/13/06, 5:28 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Affirmative Link?

Oddly enough, I have heard rumors about Texarkana for years. Impossible to know what is true and what is not.

Clearly, whatever your relationship is to this young man, he needs a strong advocate. After your appointment with the attorney, discuss with the defendant what you have learned.

My experience knowing many court-appointed attorneys in different jurisdictions over 25 years is that they are extremely hardworking and extremely overworked and underpaid. Because of the high volume of work, they are also some of the smartest defenders around -- as they handle a tremendous variety of criminal cases. The also can get good deals from the DA because they work together daily.

The downside is that this young man does not need a good deal, he needs a trial. A public defender or court-appointed attorney is hard-pressed to spend the time and resources on trial preparation that one may envision that this would require. By the same token, my guess is that a private attorney will require a $10,000 retainer to take this case.

It is not a perfect world, and he will have to make choices here.

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Answered on 3/13/06, 7:51 pm


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