Legal Question in DUI Law in Texas

2 dwi charges within 2months

Daughter is currently in jail, does the time that she stays in there count for her?. The lawyer is charging the same amount as if i were to bail her out , for him to bail her out, will the monies apply to the attorney fee?


Asked on 12/30/08, 2:10 pm

1 Answer from Attorneys

John Armstrong The Law Office of John W. Armstrong

Re: 2 dwi charges within 2months

Does the time count, yes the time counts towards the case she is charged. However, you mention 3 dwi charges in two months, if she is out on bond in the first case and arrested and still in jail for the second dwi, she is only getting credit for the second case because she is considered on bond in the first case, so the time she is spending in jail is only for the second case. If she is not going to get out of jail on bond, then you and her might think about surrending the first bond so that the time she is in jail will count for both cases.

With regard to whether the money will apply to attorney fees you need to ask the lawyer if the money will coun towards the attorney fees. Quite frankly most attorney's will use the money to make the bond and charge extra for the cases. But you need to talk to the lawyer. I would recommend that you and your daughter talk it may be better she stay in custody if you cannot afford to pay the attorney and pay the bond. My position would be that it would be better to have an attorney of your choice, i.e., hired by your daughter, rather than be assigned an attorney as court appointed, and have no choice in the matter.

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Answered on 12/30/08, 7:23 pm


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