QUESTION
is it normal for a court appointed attorney to keep resetting a court date for 8 months? or should i make a complaint?
Asked on Apr 22nd, 2023 on Criminal Law - Texas
More details to this question:
my husband has been in county jail for 8 months on a probation violation he has a court appointed attorney who has visted him one time and not mentioned any plea offers or even talked to him about posting a bond his bond is still zero but i thought by law he could get a bond hes on differed probation she hasn't given him any options he has had several court dates scheduled and every court date she appears and reschedules with no new news hes just sitting in jail month after month and we have kids and bills that need to be paid we are losing everything due to him not being able to work this is ridiculous we feel as if nothing is being done not sure what the hold up is but hes willing to take anything at this point to get things going so he can handle this and get back home to his family him sitting in county jail for 8 months isnt accomplishing anything should i complain about this or is this normal thing with situations like this?
1 ANSWER
Commercial Litigation Attorney serving Frisco, TX
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Your husband should send a letter to his court-appointed attorney instructing her not to agree to any further resets of his probation revocation hearing.If your husband did violate the terms of his probation and the State can prove such a violation by a preponderance of the evidence, your husband will have to serve out his sentence and will not be released from jail until he does. In some cases, probation violators prefer to serve their sentence jailed in their county jail rather than in a state prison. So the strategy of resetting the case could be a conscious decision made by your husband in consultation with his attorney in order to remain in the county jail rather than being transferred to a state prison to serve out the remainder of his sentence. He will receive the same credit toward his sentence in either instance.The only way he will be released to come home and go to work is if he wins his probation revocation hearing, he completes his sentence, or he serves enough of his sentence to be paroled.
Answered on May 12th, 2023 at 8:10 AM