I assume that he has the mental capacity to deal with his own case, right? Tell him not to talk to anyone but a lawyer after that lawyer has given him a business card showing that he is a lawyer.
You do not say how long he has been in custody. Generally not long after being taken into custody, a person is taken before the judge and the judge inquires whether the person is going to hire a lawyer or is indigent and needs to have a lawyer appointed. Your family member can write a letter to the judge advising the judge that he is in custody, will not be able to make bond, and needs to have a lawyer appointed to represent him.
As an aside, even if you are not going to make his bond, you might try to talk to a couple of local lawyers about representing him. You might find that you are able to afford to hire a lawyer for him - most lawyers have free consultations and many lawyers take payments.
Rick Hagen is in Denton. You would not be able to afford him - he has been around a long time and is a fabulous lawyer. But, he may have an associate or he may be able to refer you to a newer lawyer whose fees would be lower.
You should tell him not to discuss his case with anyone. This includes family members. Conversations are recorded at most jails. Find out the court his case is assigned to and write to the judge on his behalf or have write requesting a court appointed attorney.
This is intended as only general legal advice. Feel to visit my website, www.austincriminaldefenseattorney.com for my blog on crime and punishment in Texas You may also email me through my site.
In addition to what Ms. Henley and Mr. Jones noted above, he needs to request a court appointed attorney immediately. If he has not been indicted yet (assuming the charge is a felony) the court might be delaying on handling his matter but he has a right to counsel. If the attorney that Ms. Henley mentioned cannot help you, feel free to contact me. I am in Dallas but have many cases in Denton and I would be happy to discuss your situation.
Although my intent in answering this question is to aid you in the legal process, my answer does not establish an attorney-client relationship in any way. You should seek the advice and counsel of a qualified attorney in your community to evaluate your legal needs and to advise you. No Attorney-Client Relationship is created without the specific intent of both parties.
He will be taken before a magistrate (judge) very quickly and he can request a court appointed attorney at that time. The judge will ask him to complete a financial worksheet and, if he is deemed indigent, the judge will appoint him an attorney at that time. If he judge does not appoint him an attorney, make sure you contact an attorney for a consult as he or she may be able to lower his bond.
He should never answer any questions about the offense unless his attorney is present.