Legal Question in Criminal Law in Texas

My son was arrested Saturday (Christmas) night for felony intoxicated assault with a vehicle. My son was in a near fatal car crash along with a friend a year ago November. The car belonged to the friend who was a licensed and insured driver. My son was driving and did not have a license. They were both star-flighted to the hospital. My son was in a coma with a broken collar bone, sternum, several ribs, and a head injury. The friend fractured vertebrae in his neck and was badly cut up on his face and neck, as he was not wearing his seat belt, and hit the windshield with his head.

The car they were driving had been wrecked weeks before, and had no front bumper, and the air bags had deployed, but were simply cut out of their receptacles. The friend was living with us, due to him being on hard times. He was also on probation for a drug charge. I warned him numerous times not let my son drive, since he had no license, but he regularly asked my son to drive.

I was told the police came to the emergency room after the boys landed and were admitted, but nothing ever came of it. For a year now, there were no notices, open investigation, or anything else that would elude to any charges being filed against either boy. In fact, I helped my now 19 year old son check on a misdemeanor he still had open that was preventing him from getting his license just the Friday before Christmas. He owes $340 on that ticket, which he was going to take care of the following Monday (yesterday).

He is now being held in the Williamson County, TX main jail on a 25,000 surety bond. My son has never even been out of the state of Texas, his entire family lives within 100 miles of Wilco, and he just graduated from the school district.

My son is now sitting in the Williamson County main jail and is slated to be transferred to Travis County (where charges are filed) in a week to 10 days.

Question #1 - Did the authorities file this charge against him, or did the friend do so?

Question #2 - Is it possible for them to file this charge a year after the incident?

Question #3 - The jail told my son he cannot get a public defender until he transfers to Travis. His bail appears to be way too high, and he is sitting in jail without a lawyer for a week to 10 days, at least. Is this normal and/or lawful? What can be done to rectify this?

Question #4 - What is he facing with a charge like this one?

My son ran into some trouble while a juvenile, but has been doing very well, working 2 jobs, and trying to get his life together since the accident a year ago. His plan was to enter the Marines after the misdemeanor was taken care of. It is quite disheartening to see him get knocked down as he was turning the corner of becoming a mature, productive member of society.

Thank you in advance for any light you can shed on this unfortunate situation.

- William


Asked on 12/28/10, 8:23 am

2 Answers from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

#1- in all criminal cases, it is up to the State of Texas to file charges or not. The victim/complainant can have influence on that decision, but probably not much on a case like this.

#2 - just because your son was recently picked up on a warrant does not mean the charges were recently filed. They could have been filed weeks after the accident and he was just now picked up. That being said, the has at least 3 ears to file charges on a felony under the statute of limitations.

#3 - Williamson county has nothing to do with the bail or the charge. That is just where he was arrested. When he gets to Travis county, he will likely qualify for an appointed lawyer and that lawyer can try to lower the bond. Whether his bond will be lowered or not will be up to the Judge on the case, but generally 25k is not a real high bond on a case like this. But considering his age he may have a shot at a lower bond.

#4 - this is a 3rd degree felony. Punishment range is 2-10 years in prison and up to a 10k fine. Depending on his criminal history and the facts, he may be able to get a probation or a reduced charge. That is difficult to determine though. It all depends on the court, the facts, the prosecutor and the defense attorney.

Good Luck!

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Answered on 1/02/11, 10:48 am
Paul Walcutt Law Office of Paul Holt Walcutt

Mr. Tuthill gives you good answers to these questions. I would just add the following information as it pertains to Travis County practice:

1) Usually here in Austin, these cases are filed regardless of whether or not the victim is asking the State to do so. Oftentimes in cases where the victim in an intoxication assault is a passenger and friend/relative of the driver, the State knows they will not have a cooperative witness. Their desire to file charges stems more from the act itself rather than an angry victim or victim's family. That being said, if they are sitting on the fence, a victim who calls the DA and is encouraging them to go ahead certainly will have an impact.

3) Your identification of the timeline for filing of charges is about right for extradition from Williamson to Travis. I've had it happen much sooner and take a little bit longer but about 5 business days is the average to get someone to Austin. This bond amount is within the recommended, non-binding guidelines for this offense and for someone with this sort of record in Travis County. His attorney may be able to get him a personal bond and that is something your son needs to discuss with the lawyer as soon as he can. Attorneys here are required to make contact with their appointed clients in jail within 48-72 hours, but you can call Court Administration once he has been in jail a few days in Austin to see who is lawyer is. Keep in mind that many lawyers that take court appointments may not communicate with the family because they have not yet received permission to do so from their clients or because family communications with some families are too time-consuming. Just make sure your son is trying to contact his lawyer as soon as he has their name/number.

Good luck.

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Answered on 1/03/11, 6:59 am


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