Legal Question in Criminal Law in Texas

My husband was on parole when he was pulled over and his vehicle was searched. The cop found a false ID in his truck and arrested him, He was released after the judge found no probable cause to search his truck. We were told the case hass been dismissed. He was arrested recently on a blue warrant. Will it be possible for him to bond out under any circumstances? What are the chances he won't be revoked?


Asked on 12/13/10, 3:58 am

1 Answer from Attorneys
Mark Di Carlo Mark A. Di Carlo

Interesting.

The first issue is whether or not you can file a motion to suppress a stop and a search at a parole hearing. I think you can; but I would have to double check and research this issue.

The second issue is; assume you can file the motion and have it decided at the parole hearing. Can you argue that it has already been decided judicially by another court and the ID would have to be suppressed? Hopefully, you have a written order from that other judge to introduce.

Third, assume you cannot file a motion to suppress. Can you introduce the order suppressing the motion by the other court anyway and argue that the issue has been suppressed?

Fourth, even if you cannot file the motion, I would go ahead and object to the introduction of the ID anyway; on the basis of an illegal search and/or that it has been judicially determined.

I would have to research the issues to give you a more specific response.

I would advise you to obtain advise from another attorney; to hire an attorney; and, to ask for an appointed attorney if you cannot afford an attorney.

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Answered on 12/18/10, 6:09 am


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