Legal Question in Criminal Law in Texas

My son was caught carrying a handgun when he was 17 yrs old, in a back pack while in a vehicle with his uncle. The weapon was not loaded, and was registered to his grandfather. He was arrested and taken to jail and bailed out. In October it will be 2 yrs since this incident and he still has no court date. He has not been in any trouble since, nor was he before. He is getting his diploma from high school and wants to move to another part of the state where he has a job plus an opportunity to go to college. Should he talk to the judge and try to work this out, or should he wait? His bail bondsman has told him that he can leave town, as long as he calls in when he is supposed to and appears when he gets a court date. Any information would help! Thank you, Michele


Asked on 5/06/11, 4:34 pm

2 Answers from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

If there are no restrictions on his bond, then he can leave town as long as he keeps in contact with the bondsman to learn of, and appear for, court dates.

It is very unusual for a case to be this old with no action, although it does happen in some of the smaller jurisdictions in Texas.

I would lay low, saying nothing at this point, and hope that it goes away. Be aware that the statute of limitations is NOT running because the charge is pending so he could be prosecuted still for the offense. But, the older it gets, the less likely they will prosecute it when it does come to someone's attention.

If you son does get notice to appear in court, hire a lawyer immediately. Given the amount of time that has passed, the lawyer may be able to get the case dismissed. However, if your son were to go in on his own, the prosecutor might try to push him into working out the case for a guilty plea (if the case has just been accidentally overlooked.)

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Answered on 5/06/11, 4:53 pm
Sharita Blacknall The Law Offices of Sharita Blacknall, PC

There are several stages that a criminal charge must go through before a court date will be scheduled. One of those stages is a grand jury looks at the case and decides whether or not the case should be indicted. A grand jury will look at information presented by the district attorney's office and determine whether there is enough information to allege a crime. If it is determined that there is enough information alleged to constitute a criminal offense then an indictment will be executed and the case moves on to the next stage. Generally a court date will not be scheduled until an indictment has been approved. If an indictment has been approved and there still is no court date then there could be several reasons why no court date has been given including the case slipped through the cracks or maybe the case is in a small county that has court infrequently.

When a person is on bond they are to follow the rules of the contract with the bondsman as well as the conditions of bond, if any, given by the court. The most important thing to do when on bond is to keep in contact with the bondsman and to show up in court each and every time ordered to do so.

(This information is being offered as general information and is not intended to create an attorney-client relationship)

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Answered on 5/06/11, 6:05 pm


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