Legal Question in Criminal Law in Texas

Re: felony theft

It is up to the state of texas to file charges and go through with them. The complainant or "victim" cannot drop charges or even file them for that matter, it is strictly up to the state. Some counties will listen to the complainant and take their wishes under advisement.

So yes, the state can pursue the charges. As far as waiting in jail for a court appointed lawyer to show up, that is a different matter. A court appointed lawyer should make reasonable efforts to communicate with the client. If this lawyer is doing a poor job. Make sure your son makes the court aware of this and ask for a new court appointed attorney.

As far as how long they can keep him, the state has 90 days to get an indictment from a grand jury. If they dont, your son should be entitled to either a PR bond or a reasonable bond he can pay.

Re: felony theft

The prosecutor can pursue charges regaqrdless of the victim's cooperation. Once arrested, the state has 90 days to seek an indictment and your son can stay in jail during that entire 90 days. The court should appoint a lawyer rather quickly (in a matter of days and usually in less than one week).