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My 19 year old son has been in jail for over 30 days for burglary of habitation. This is his first time ever getting in trouble?

Killeen, TX |

Should I be able to bail him out or do I need approval from his court appointed lawyer? What can I expect from his overall situation?

Attorney Answers 5

  1. Best answer

    You can bail him out and the court will not revoke his court appointed counsel. You should let his attorney know so your son can schedule an appointment with his attorney. The Bell County District Attorney’s Office will not offer deferred on a Burglary of a Habitation. There may be a reason why your son’s attorney has not requested a bond reduction or a PR bond. Some local attorneys and their clients agree to “sit” some time in jail to increase their chances of getting deferred from the judge. Speak to your son’s attorney before you bond your son out.

    Bobby Barina's answer to a legal question on Avvo does not establish an attorney-client relationship. Mr. Barina offers everyone a free consultation to discuss their case. Feel free to call his office at 254-699-3755 to make an appointment or visit his website at for more information about his services.

  2. You can bail him out at any time. Please be aware that the court may take away his court appointed attorney if you do this, because he is no longer presumed indigent.

    The indictment process can take anywhere from sixty days to six months, depending how quickly your county moves cases. You might ask his attorney how much longer to expect the indictment to take. After he's indicted, his case could be resolved within several weeks or several months depending on how difficult it is for his attorney to reach an agreement with the State and whether his case is set for trial.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

  3. You can bond someone out without the approval of the lawyer. It is a good idea to notify the lawyer so they can keep the defendant aware of any court dates.
    Austin Jail Release and Bond Assistance
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    My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website,

  4. A relative - parent, brother, sister, etc.- is certainly at liberty to come to the aid of a loved one and arrange a bail bond.

    Talking with the relative and with court appointed counsel might be a good idea. Sometimes there are very good tactical reasons why a bond has not been arranged. For example, a prosecutor might be offering a first offender a better deal if they sit in jail for several weeks.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

  5. You do not need approval from his lawyer to bail him out of jail. However, I would suggest you speak with his lawyer directly concerning his case and so long as your son has given his attorney consent to speak with you he should do so. For a first time offender, and depending on the circumstances of the crime, a resolution of your sons case prior to indictment may be possible. And spending some time in jail may help that along.

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