In TX, do you lose the right to have a court-appointed attorney if you bond/bail out of jail prior to trial?

Asked over 2 years ago - Sherman, TX

17 year old arrested for drunk driving. Grandparents got him out the following day-- now talking as if they will not commit to helping him obtain legal representation. If they refuse to support him, has he lost his right to a court-appointed attorney due to being bonded/bailed out?

Attorney answers (2)

  1. M. Irene Wilson


    Contributor Level 13


    Lawyer agrees

    Answered . If he is indigent, he must be appointed an attorney. He will need to complete a sworn questionnaire regarding his financial resources. If he does not have a job, own property, or means of income, he is indigent and entitled to appointed counsel. The Texas Code of Criminal Procedure Article 26.04 - Procedures for Appointing Counsel section (m) states the court may consider a defendant's income, assets, property owned, outstanding obligations, expenses, dependents, and spousal income to determine if the defendant is indigent; the court may not consider whether the defendant has posted or is capable of posting bail except to the extent it shows a defendant's financial circumstances. Good luck.

    My answer is for informational purposes.
  2. Cynthia Russell Henley

    Contributor Level 20

    Answered . I agree in logic with Ms. Wilson's answer. Unfortunately, what is lawful and what happens is not always the same. If the person is bonded out, then most courts will try to force them to hire a lawyer under the understanding that if they have access to $$$ for a bond then the can get access to $$$ for representation. HOWEVER, since the accused is only 17, presumably in school (not graduated) and certainly not making big bucks, he should be able to get a court appointed lawyer. Follow the directions Ms. Wilson gave, and be prepared to do as instructed. In addition, have the accused QUIT DRINKING!!!!! and no drugs either.

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