Legal Question in Criminal Law in Texas

Has my son's rights been violated? He was arrested on 3-26-11 when he went to a court ordered drug class. He was arrested for forgery of a financial instrument two counts and stealing/or receiving checks. He is on parole for a drug charge and spent three years of a six year sentence. A man and woman who doesn't know my son gave a detective my son's phone number and told him that my son gave him the checks. The detective called and came to my home asking if we knew who the phone number belonged to. When my son was arrested in the county that we live in he was placed on an escape unit. He was told that it was because when he was a juvenile he left a boot camp facility and so he is being handled as a escapee. He is being locked down 23 hours and is placed in chains when I visited him. He hasn't been indicited on the charges and hasn't been given access to legal consult yet. But he do have a parole hold on him already. Are his rights as an American citizen being violated in any way?


Asked on 4/05/11, 7:50 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

The police have information from a man and / or a woman that your son provided the man with stolen checks. Apparently the investigation revealed that at least some of the checks were negotiated with forged signatures. The police must have gone to a judge with a warrant application that stated probable cause to believe that your son committed at least one criminal offense. The judge found sufficient information to issue the warrant and to cause your son to be arrested and come to court to answer the charges. Your son will need to hire a lawyer or have one appointed if he is indigent to represent him.

Your son is on parole. Law violations violate parole. Your son can be held on a "blue warrant" (parole warrant) with no bond. The parole can be revoked whether or not your son is convicted on the new case because the burden of proof is significantly less. Or the parole can be reinstated.

Your son escaped from a boot camp facility in the past. As a result, he can rightfully be classified as an escape risk and can be treated as such. The way he is being handled is consist with a person with a prior escape.

Your son could have had legal counsel hired to represent him and they could visit him any time. If your son is indigent, he can write a letter to the court asking that counsel be appointed to represent him. The court should hold a hearing to determine his indigency status. This applies only to the new case. He is not necessarily entitled to counsel on the parole case (and if he wants appointed counsel, he must ask parole, not the judge - who has zero to do with the parole case.)

The only question of whether he has rights being violated is the delay in appointing counsel IF he is indigent. Have him write a letter requesting counsel be appointed.

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Answered on 4/11/11, 2:01 pm


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