QUESTION
Prior arrest and release after 90 days. now indicted, will defendant be arrested immediately?
Asked on Jun 02nd, 2014 on Criminal Law - Texas
More details to this question:
In Feb, 2012, Texas state investigators (with a search warrant) seized my computers.(still don't have them back) My son was arrested for solicitation of a minor online, stayed in jail 90 days and was released because of failure to show further evidence (has a court appointed attorney). We found out he has been indicted by reading it in the newspaper yesterday. Couple of questions: Will he now be re-arrested and held in custody until arraignment? Also, is he allowed to leave the area? Nothing has been reported to him at all in the last couple of years. We do plan to retain an attorney but are waiting for public defender to call back with information. Last, do I have the right to read what is on my computers which are being held by the state?
1 ANSWER
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If he was arrested and subsequently bonded out, the indictment will not affect his pretrial release. In other words, if he's bonded out once, he's good. Whether he is allowed to leave the area depends on two things: (1) the bond company; and, (2) the court in which his case is pending. Call the bond company first, or look at his bond paperwork. If there is a travel restriction it should be noted there. Then, check any paperwork he received from the jail or court. Many courts will impose conditions of pretrial release. One of those may well be a travel restriction.
If the computers are being held by authorities they are considered evidence. As such, you will not be given access to them. The only person who will be given access to those would be your son's attorney (with a signed court order).
Answered on Jun 03rd, 2014 at 1:34 PM