Legal Question in Family Law in Texas
harboring criminal
Our church has a temporary transitional lease with a 35 yr old mother and her 7 yr old daughter in the old church parsonage that began Nov 10 2005. We knew she was in the last year of her 5-yr probation. We also knew her boyfriend was murdered last Aug/Sep which prompted us to want to help her with rent etc. What she failed to tell us was that when she went in for her mo'ly probation check last Aug/Sep she had drugs in her system and has not been back for her monthly visit since and says she now has a warrant out for her arrest. We have told her she needs to give someone temporary guardianship for the minor child and turn herself in to the police. We have told her she can wait until she receives her final teeth Feb 1 (donated by a dentist for Christmas). She has no money for an attorney and we do not either, we are a very small church in a very poor area. She could end up in Safe P (6 mo's) and/or 500 days in jail. Questions: By giving her a few weeks to turn herself in, are we guilty of harboring a criminal? And if she does not turn herself in when agreed upon should we call the police if she goes beyond our grace period? How long would she be in jail until they appoint an attorney for her?
2 Answers from Attorneys
Re: harboring criminal
Amen to the other attorney! He's right on target.
She will get a free attorney if she is determined by the Court to be indigent.
If she bails out of jail (if she even can!) then most courts automatically determine that she has funds to hire an attorney. Therefore, it is usually wise in the long-run to leave a person in jail and get a free lawyer.
If there is no father for the child or no other relative for the child, then CPS will get involved. If someone in the church is willing to take her, then CPS might place them with that family if they can pass CPS's requirements.
If she wants to sign the child over to another person voluntarily, it can be done that would be handled in family court. Of course, I doubt that she wants to appear in court since there are baliffs that could arrest her on the stop.
This reminds me of the saying -- no good deed goes unpunished.
I'd be more careful in the future. Check out a person's story closer. It's amazing how often people "forget" the truth. If someone is alone and has no family or friends, many times there is a reason!!
Re: harboring criminal
As with many substance dependent persons, this person is attempting to draw your efforts into her web of excuses for continuing her dependency in the guise of continuing to help her when your help only allows her to continue her avoidance behaviour. It's your decision how long you want to continue this charade and technically you are aiding and abetting, although I doubt that the police would charge you or your organization. But that is a risk you are taking.
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