Legal Question in DUI Law in Texas

miranda rights

You are arrested under ''suspicion'' of driving under the influence, but you declare that you fell asleep at the wheel after caring for your terminally ill father all day. You are taken to jail, read your miranda rights, and held in jail for a week. Your terminally ill father pays your $900 payment on your $9,000 bond. He dies a few days later. When you appear at court and ask for a court appointed lawyer (no job, 1 dependent), the court says if you could afford to pay the $900 bond, you can afford your own attorney and refuses to appoint you one, unless you are returned to jail. They say it is a Harris County (Houston) rule. Is this legal? The Miranda Rights say the court must appoint you a lawyer, if you cannot afford one. Does the court have the right to refuse you the lawyer just because you are not currently IN jail?


Asked on 7/30/07, 7:44 pm

1 Answer from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: miranda rights

Unfortunately, that is the way the system works in Harris County because of changes that the Texas legislature enacted that deal with the appointment of counsel by the courts. In criminal matters, if the alleged defendant can afford bail, then the presumption is that the alleged defendant can afford an attorney. If my law firm can assist you with this or any other legal matter, please contact my paralegal Stephanie ([email protected]).

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Answered on 7/30/07, 8:43 pm


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