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Possibilities with an Class A Misdemeanor - Interference with an emergency call

Houston, TX |

My spouse was arrested for interfering with an emergency call 3 days ago. Class A Misd. Bond set at 750.00. He already made trustee. I will not be bailing him out. I am concerned about the earliest that he may be released. I know the courts have not received his file from the DA yet. I also heard the jail is overcrowded. Is it possible that the judge may release him when he goes to court?

Attorney Answers 4


If you are not going to bail him out, he will be released when his case is disposed of. So either he will plea to probation and be released, or plea to jail time and be released once it has been served, or have a trial and either be acquitted or sentenced to probation or jail time.

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This raises a number of questions about the underlying case. Nonetheless, the bond issue is not as clear cut as you may think. If he was arrested 3 days ago and is still in custody then he should have been to court already. The judge had the ability to grant him a personal bond, but: (1) this usually doesn't happen in this sort of case; and (2) the judge could have done it but didn't. He likely won't be back before the court for about a month if he has a court appointed lawyer. I suspect he will remain in custody until the case is resolved, which generally takes 4-6 months with a good defense lawyer. Jail overcrowding has nothing to do with this. The sheriff cannot release someone without the judge's permission...and the judges are generally not concerned with jail overcrowding.

Assuming he was released on bond, another issue is the bond conditions. Oftentimes this particular charge has additional bond conditions that include not going back home.

I really think that your husband needs to have a qualified criminal defense lawyer represent him.

*** The fact that you solicited advice over a public forum waives any attorney-client privilege thus far. In addition, communications over this forum do not create any attorney-client relationship. To have a privileged conversation and/or establish an attorney-client relationship, contact me using the following information: Peyton Z. Peebles III Capitaine, Shellist, Peebles & McAlister, LLP, 713-715-4500 (office) 713-715-4500 (cell)

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I am unsure if you are posting because of your concern he might get out or if you want him out so I will answer it both ways. When the offender makes bond he is released, plain and simple. Since you are his spouse if you are concerned about him getting out you can always call the District Attorney's Office to find out more information.

Answering this question does not create an attorney-client relationship. Legal advice has not been given. Also, this question and answer is posted on a public forum and therefore any attorney-privilege is waived.

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Your question: "Is it possible that the judge may release him when he goes to court?" You can find this "likelihood of release" out either one or two ways. If you are afraid he will get out and the crime involved you, then you can contact the district attorney's office to see if there is a likelihood he will get out [as attorney Mitchell stated in his response]. If you are concerned about your husband being in jail for a long time, you can contact his attorney's office to see if the attorney can tell you what the likelihood of release/status of his case is. The court should be able to tell you who his lawyer is.

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