Legal Question in Criminal Law in Texas

Request for bench-warrant to different county

My husband had a revocation on deferred judification probation hearing in Ft.Bend county for assault, before he could get to court he received a DWI case in Harris county, in which he received a sentence of 6 months and dropped to a misdemeanor (3rd DWI), will spend 3 months actual time in jail. Can we get him bench-warranted to Ft. Bend county to try and have his sentences run concurrently? At this point he doesn't have an attorney in Ft. Bend and the one in Harris was court appointed. Please help.


Asked on 9/25/01, 5:30 pm

1 Answer from Attorneys
Paul Velte IV Paul C. Velte IV, Attorney at Law

Re: Request for bench-warrant to different county

You're on track. You need to hire an attorney in Fort Bend County though to get the ball rolling; he can make an application to the judge for a bench warrant to have your husband brought there and get his case resolved in a fashion that will allow him to at least be serving two sentences concurrently. Otherwise, he'll sit there until his DWI sentence is done, and then the local sheriff will check to see if there are any warrants for him before releasing him. If the jailers find one out of Fort Bend County, they'll then notify that sheriff to come get him. I can't think of any way to get an appointed lawyer for him in Fort Bend County prior to his arrival there. Perhaps you could swing it by asking a judge, but I don't think he's absolutely entitled to one to represent his interests in absentia.

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Answered on 11/07/01, 7:19 pm


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