Legal Question in Criminal Law in Texas

Is this a due process violation? My husband was arrested in Dallas on 4/20/10. He was arraigned on charges in Dallas and also Denton County. At that time he declared himself indigent and was given a court appointed attorney for Dallas.He also requested court appointed counsel for his charges in Denton. This occured in May 2010. He waited for court in Dallas until August..During that time Denton County never made contact with him. I called the Grand Jury in Denton..detectives.. and administrative offices trying to find out info on these charges against him..My husband wanted to request an examining trail. He finished with court in Dallas at the end of August..soon after I would say a week or so Denton Co. came and picked him up. As he arrived he was handed indictments that were made in June. They appointed him counsel August 31, 2010..he did not meet with the attorney until 2 weeks later. Where was his right to an examining trial? How was he to request it? Now the attorney says it's too late. An examining trial must be requested before indictment, but he was not given an attorney to do so. Does this violate his due process rights?


Asked on 10/26/10, 8:53 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

The right to an examining trial exists only until an indictment. One is not really "entitled" to such, and everyday in every county in Texas where examining trials are requested, the prosecutors run down to the grand jury and obtain an indictment - even in cases where there are lawyers. It is not illegal to do such.

Because he was not in Denton, there was no need to appoint a lawyer there. Upon his arrival he was appointed a lawyer as should have occurred.

His rights have not been violated.

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Answered on 10/01/11, 7:15 pm


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