Felony Injury to child Indictment....Texas

Asked over 5 years ago - Corsicana, TX

Son in law was arrested 2 wks ago on a charge from 2005. Felony injury to child 3rd degree . His child was 7 mos & arm got stuck in side of crib..he accidentally broke it while trying to get him free. He passed 3 lie detectors. Now his county is backlogged 800 felony cases, trying to catch up & his case came back up. I guess it was shelved after initial investigation. He wasnt read his rights at time of arrest and was not arrainged. We posted bail after 2 days of being there,,,the DA wont talk to him and says that the court wont appoint him counsel because he posted bail....is this correct???
We are looking into lawyers, but locally several arent taking felony cases or dont like dealing with the DA there. We are in Texas.

Attorney answers (3)

  1. Herman Martinez

    Pro

    Contributor Level 14

    Answered . The Distrtict Attorney is correct in not talking to him. However, it is not up to the District Attorney whether your son in law receives a court appointed attorney. It is up to the court whether he qualifies for a court appointed attorney. There are several factors that the court will consider on the date he is scheduled to appear before determining if he is indigent and entitled to the appointment of an attorney.

    Good luck...

  2. Fran Brochstein

    Contributor Level 17

    Answered . Find an experienced criminal attorney! Obviously, if no criminal lawyer wants the case it tells me that the DA's office in that county must be difficult to deal with.

    You hare going to have to look around.

  3. Cynthia Russell Henley

    Contributor Level 20

    Answered . Just because you made your son-in-law's bond does not mean he does not qualify for an appointed attorney. The question is whether the accused is indigent - does he have money and/or property he can sell. Some judges get confused on this.

    Given the potential consequences of such a charge and your experiences with the local lawyers, I would hire an outside lawyer who is not afraid of a fight.

    Not every injury is caused by someone else - things happen. It is nice that you are giving your son-in-law support as you would more than likely know if he is abusive.

    You may need an expert to look at the x-rays and testify (or give a report) of his/her opinion on how the break occurred.

    Best,

    Cynthia

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