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Criminal Defense - Should I get him out and should I get a different Lawyer?

Dallas, TX |

My son, 24, has been in jail for 6 weeks now. He was arrested for shooting a guy twice in the leg. The 2 other guys pointed a shot gun at him, he just got the first shot off. This all started out earlier in the evening when a friend of his borrowed some money from him to go buy some weed. When the guy got to the apt. the guys at the apt. beat up the guy and stole the money and kept the weed. When my son heard about this he went over to the apt to get the weed or money. They didn't answer the door, he kicked it in and no one was there. So they left. They went back to his house and started making phone calls. They were able to talk to the guys and made arrangements (I know, I know, make arrangements with drug dealers!!!) they were going to give my son half of his money back. When he got there (he had two friends drive over with him) he was standing in the parking lot waiting on the guy when 2 guys come out with shot guns pointed at him. He freaks out and shoots one of the guys in the leg twice. I'm so thankful he sucks at shooting or this could be a murder charge. He jumped in the car and took off. The other guys shot out the back window of the car. The police told my husband a lot of people got arrested that night. I learned from my neices, they went to school with these guys they are known drug dealers. Yes, you can call my son a drug dealer, too. He wanted the easy money without the hard work. (No such thing) These are his charges
2-AGG ASSAULT W/DEADLY WEAPON
BURGLARY HABITATION INTEND OTHER FELONY
UNL CARRYING WEAPON
UNL POSS FIREARM BY FELON
He is not a felon. When he was 19 ran from the police on a motorcycle. And then at 21 he was arrested on drug charges and went to SAFP. But he had Deferred Adjudication. He made it thru his probation. So it should not show up as BY FELON or FELONY, should it? My biggest question is, should I bond him out so he can get a job and do good while he is waiting on his trial? They say it could take 18-24 months. Or should he just sit in jail? He has a Court Appointed Lawyer, but I just don't know, Why hasn't he got the charges changed to not show BY FELON? The lawyer told my husband to leave him in there it looks better. I just don't believe that. If he gets a job, does good, stays out of trouble, won't that look better to a judge then sitting in jail? I feel like I should hire a lawyer, not just get a bail bondsman. I know I could just be throwing a lot of money away, but he told his wife this scared him so bad. He dosen't want this life anymore. He wants his wife and daughter and to work a real job to support them and to move to the country to get away from the people he used to hang around with. I just want my family back. This has really hurt us all. Any advice would be greatly appreciated!

We have thought of them getting revenge. They did say they would kill him if he got out. But these are all small time drug dealers. All want to be big time, but ain't nothing but losers. We want to know if we talked to the judge or lawyer and as long as they know where he is, if we could move him about 3 hours from Dallas. Still in Texas.

Attorney Answers 3


  1. You need to get a new criminal attorney to replace the court-appointed attorney immediately.


  2. What is the likelihood that your son will get killed if he is out of jail? Seriously, are the people whom your son shot vengeful people who will harm your son if he is out of jail?


  3. Here's a suggestion: Non-criminal defense lawyers and non-Texas lawyers should not attempt to answer Texas criminal defense questions.

    I generally believe that it's better for an accused to be out pending trial. It makes the defense much easier for me, and allows him to show how well he can do.

    But Ms. Treviño's advice is terrible; possibly the worst advice I've ever seen in response to an Avvo question. You haven't given nearly enough information for someone to advise you on changing lawyers.

    If your son trusts his court-appointed lawyer, he should stick with him and follow his advice no matter how much it hurts. If your son does not trust his court-appointed lawyer, he needs to either find trust for him or change lawyers.

    If your son trusts his lawyer, then you have to ask whether the judge will let him keep the court-appointed lawyer if your son bails out. If not, that might be a consideration that would lead you not to bail him out. Better that he be in jail with a lawyer that he trusts, than out with a lawyer he doesn't trust.

    If your son doesn't trust his lawyer and can't find a way to trust him, your first priority -- before bailing him out -- should be to get him a lawyer that he can trust, even if that means he stays in jail while the case is pending; your feeling about that is correct.

    If your son has not been convicted of a felony, that'll get sorted out eventually. Six weeks in is probably too early to expect the State to understand that the felon-in-possession charge was erroneous.

    When a person is on bond, he's under the rules of the court and the bonding company. Either of them could conceivably order him to stay in Dallas County, but people often are on bond in one county while living in another.

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