My boyfriend was arrested on January 27, 2016 and charged with felony theft. He was originally appointed and attorney then he was removed and a second was appointed. It's been over 100 days and there has been no indictment. I've attempted to contact the appointed attorney on numerous occasions requesting he motion the court to release the defendant on his ow recognizance due to delay as per TX Code of Crum Procedure 17.151. I KNOW he is a busy man and I'm certain that is why he's been unable to return my calls or act on my request. He hasn't even had time to visit my boyfriend in jail to date. The previous attorney motioned for a reduction on bail in February and it was granted. I am unable to pay even the reduced bail. I understand this rule applies as long as the charge remains unindicted .
If your boyfriend has an attorney of record, all motions must be filed by his office. I do not know what this attorney's schedule is like, so I cannot comment on the lack of communication but do not rely solely on leaving a p[hone message with his office. First, make sure boyfriend has given the attorney authority permission to discuss the case with you.. Once that is done, again, don't just leave a message. Send a email detailing your questions. Schedule an appointment with his office. Finally, if you are not satisfied with the representation, you may want to consider spending your money on retaining an attorney instead of posting a bond.
No, a letter from the defendant to the court would not be a good idea.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Public defenders are often overwhelmed with a high caseload. Suggest attempting to set up a face-to-face meeting where you can sit down and discuss your questions. Otherwise, you will need to find a way to retain a private criminal attorney.
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