Legal Question in Criminal Law in Texas

I am attempting to find out if there is any type of formal document that I can submit to the Court on my husband�s behalf to request lenience. My husband is currently in county jail concerning a minor legal matter (misdemeanor). Almost a month ago an officer showed up at our door and announced that my husband had a warrant for his arrest; my husband willingly went in to the county jail to take care of the issue. A little over a week ago the jail released my husband. The following morning the police arrived at our home, followed by investigators; they announced that the correctional officers had made a mistake by releasing him and that they were supposed to release another inmate with the same name as my husband. Several of the officers directly told me that if my husband would turn himself back in that they would book him in and then instantly release him. I relayed the information to my husband who immediately contacted the investigator turning himself in. Unfortunately the officers had no intention of following through with their promises. They have thrown him in a dorm used to punish offenders by withholding all of their �privileges�. Each day he has submitted inmate request forms asking the Court for a quick and speedy trial and requesting to get in front of the judge. They have ignored him completely and he can�t even obtain any information. I would like to contact the court to request that the court honor the promise made by the investigator, or at the very least provide us with information. My husband was denied legal counsel and we cannot afford an attorney. What would you advise?


Asked on 2/01/12, 12:35 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

If he has a pending criminal case and is indigent, then he is entitled to an appointed lawyer. If no pending case, then it is an issue with the jail. If your husband was released when he was not supposed to be released, then they have acted properly in rearresting him.

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Answered on 2/29/12, 10:36 pm


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