Legal Question in Criminal Law in Texas

My son is in the State of Texas, he is in the San Patricio county jail. He was arrested on April 18th

He got arrained and i havent bailed him out because i dont have any money. How long has he has to wait in jail until they set a court date. He is still there April, 26. Please help me

Its his first time, misdemeanor. please help.


Asked on 4/26/11, 9:48 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

I do not work in San Patricio county but I am going to respond because there are few lawyers who provide responses on this forum.

Your son should have already gone to court or at least had a lawyer appointed to represent him, particularly if this is a misdemeanor charge.

If he is on probation on another case, or he has another case in another county, then this would affect my answers.

Does he have a lawyer? I assume if you cannot afford to bail him out the you cannot afford to hire an attorney. (If you can, then do so immediately so that lawyer can get the case moving.) If your son is indigent, then if I were him, I would write a letter to the court telling them that I need a lawyer and that I do not have the funds to hire a lawyer, and that I am requesting that a lawyer be appointed to represent me. If he does not get a response (a court date, a lawyer comes to see him, a letter), then I would write another polite request about 3 to 5 days later. (Depending on the facts of the case & the charge, he does not want to be rude or too aggressive or he will find himself with a higher offer to plead the case, assuming that he is guilty.)

You might just call a couple of lawyers in the county to see if you might be able to afford them. Even if you cannot, you might find that they will talk with you a bit and give you more information about what to expect - given that they are experienced in that county. They may have additional suggestions for you to help him.

Remember that if your son is charged as a first offender - with a class B misdemeanor then the maximum time in jail is 6 months and with a class A misdemeanor the maximum time in jail is 1 year.

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Answered on 4/26/11, 10:25 am


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