Legal Question in Criminal Law in Texas

incarceration

Our son in in county jail for misdemenor assault and we are not going to bail him out. How long can they hold him without any kind of hearing with a judge (it's been 20 days). He now has a court date of 10/15 (33 days) but now says he is not supposed to attend (only the DA, judge and his court appointed attorney). I thought that was going to be a trial date or at least a hearing to plead. What's going on?


Asked on 10/04/08, 2:33 pm

1 Answer from Attorneys
michael palmer Law Office of Michael Palmer

Re: incarceration

It sounds like there was already a probable cause hearing in his case. It is required within 24 hours of a person being arrested. It also sounds like he has signed a form claiming indigent in order to get a court appointed lawyer. It sounds like the next court hearing is where the lawyer will review the file, discuss the case with your son, and if your son desires to negotiate a plea. It takes a long time before one can go to trial. That's why if your client intends to fight the charges, then he is best being bonded out.

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Answered on 10/04/08, 2:38 pm


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