Author Topic: Lawyer question (Read 4945 times)

EasTexAstro · « **on:** July 05, 2012, 07:07:26 pm »

I've got a question about how long the County can hold you in jail without posting bond or providing legal representation. Please PM me. Thanks.

Ron Brand · « **Reply #1 on:** July 05, 2012, 07:17:25 pm »

I didn't know they had Wi-Fi in the joint.

EasTexAstro · « **Reply #2 on:** July 05, 2012, 07:24:18 pm »

Quote from: Ron Brand on July 05, 2012, 07:17:25 pm

I didn't know they had Wi-Fi in the joint.

Oddly, Mrs. ETA is posting the question about the oldest son.

I doubt she would be as concerned about my status.

Ron Brand · « **Reply #3 on:** July 05, 2012, 07:26:54 pm »

This sounds much more ominous than I wish it was. Hope it all works out.

NeilT · « **Reply #4 on:** July 05, 2012, 07:36:41 pm »

I'm sorry, this is way outside my legal knowledge. I had a personal problem with a family member, and it took about 24 hours to get the guy processed and out of jail. You have a choice of posting bond personally (putting cash through a window) or using a bail bondsman. The bail bondsmen will know all that stuff and that may make it worthwhile, but so will a criminal attorney, and we found the county sheriff's office to be very helpful.

What county are you in?

EasTexAstro · « **Reply #5 on:** July 06, 2012, 07:26:28 am »

Quote from: NeilT on July 05, 2012, 07:36:41 pm

I'm sorry, this is way outside my legal knowledge. I had a personal problem with a family member, and it took about 24 hours to get the guy processed and out of jail. You have a choice of posting bond personally (putting cash through a window) or using a bail bondsman. The bail bondsmen will know all that stuff and that may make it worthwhile, but so will a criminal attorney, and we found the county sheriff's office to be very helpful.

What county are you in?

He is in Montogery County. It is a little more complicated than that. I didn't want to waste everyone's time on here about it.

Short story: He was out on parole and he broke the rules. They arrested him and put him back in jail. He's been there a few weeks and they still haven't set a court date. We have the name of his lawyer, but the lawyer doesn't realize he is the lawyer, or he just won't discuss the case with us. All the information we have is coming from our son in prison, and he doesn't seem to know what is going on.

I was just hoping someone here might have some criminal law background and could tell us if this is normal.

Thanks.

HudsonHawk · « **Reply #6 on:** July 06, 2012, 08:28:48 am »

Not a lawyer here, but from what I understand...

1. They are not required to let him out on bond.
2. Sounds like he *does* have legal representation. I'm not aware of any requirement for the court to share information about the case with the defendent's family members.

Again, this is not legal advice. It just seems like your beef should be with the lawyer, not with Montgomery Co.

Navin R Johnson · « **Reply #7 on:** July 06, 2012, 08:49:34 am »

Never heard of someone being held that long w/o the state giving them a bond hearing. Sounds like you aren't getting the whole story.

EasTexAstro · « **Reply #8 on:** July 06, 2012, 08:54:49 am »

Sorry. I didn't mean to sound like I had a problem with either one. My wife has power of attorney for him so she can handle paperwork and finances. I know that doesn't mean his representing attorney has to talk to her, but he has before. This time, they just say they know nothing about the case. I suspect it means that, though he is set to represent him, they have not been issued paperwork by the court as there has been no court date set. I'm not even sure that they have to set a court date anytime soon since he was put back in jail due to parole violation.

There is really nothing we can do, but it would be nice to know a little more than we do now. If they have decided to let him fulfill his sentence in jail rather than on parole, it would help us (and our son obviously) to plan for that.

NeilT · « **Reply #9 on:** July 06, 2012, 08:55:38 am »

If he was out on parole, it's probably a different set of rules than a simple arrest. If he's an adult, his lawyer's probably ethically unable to tell you confidential information. The son could direct him to, but then the information might not be confidential.

EasTexAstro · « **Reply #10 on:** July 06, 2012, 09:03:46 am »

Quote from: Navin R Johnson on July 06, 2012, 08:49:34 am

Sounds like you aren't getting the whole story.

I KNOW this is true.

For all the great stuff about son #1, he is a real idiot. Or, at least, stubborn and immature. We already found out that he lied about what he did to break his parole. He may not be understanding that when he was arrested, the judge had already decided on no bond. He may be lying again.

EasTexAstro · « **Reply #11 on:** July 06, 2012, 09:06:29 am »

Quote from: NeilT on July 06, 2012, 08:55:38 am

If he was out on parole, it's probably a different set of rules than a simple arrest. If he's an adult, his lawyer's probably ethically unable to tell you confidential information. The son could direct him to, but then the information might not be confidential.

That is what I think, except: Can a lawyer deny he is representing someone, or even given advice to someone? Is a court date confidential?

Navin R Johnson · « **Reply #12 on:** July 06, 2012, 09:36:10 am »

I would guess you have but have you tried the Montgomery County Jail lookup?

http://www.mctx.org/mcso/JailRoster.htm

It should show his bond amount.

JimR · « **Reply #13 on:** July 06, 2012, 09:39:02 am »

his probation, if that is what it is, will be revoked, and the original sentence will be imposed. at least that is a possibility.

my advice to you and Momma: back off. he did what he did and needs consequences for it. trying to rescue him does him no good.

EasTexAstro · « **Reply #14 on:** July 06, 2012, 09:48:18 am »

Quote from: Navin R Johnson on July 06, 2012, 09:36:10 am

I would guess you have but have you tried the Montgomery County Jail lookup?

http://www.mctx.org/mcso/JailRoster.htm

It should show his bond amount.

No disposition date or bond amount, but thanks.

EasTexAstro · « **Reply #15 on:** July 06, 2012, 09:58:00 am »

Quote from: JimR on July 06, 2012, 09:39:02 am

his probation, if that is what it is, will be revoked, and the original sentence will be imposed. at least that is a possibility.

I think this has probably happened.

Quote from: JimR on July 06, 2012, 09:39:02 am

my advice to you and Momma: back off. he did what he did and needs consequences for it. trying to rescue him does him no good.

I agree, Jim. If you knew the history, you would know that we have done this. I'm not going to rescue him. I am not going to bail him out, even if they do post bond. Maybe the biggest inconvenience I am going through is packing his stuff in boxes and disbursing his money to the appropriate places. I go and see him every once in a while, too. If you would like the whole history, I will send you a PM, but I think you know it is tough, and we really have not put up with what he has done.

JimR · « **Reply #16 on:** July 06, 2012, 10:34:08 am »

Quote from: EasTexAstro on July 06, 2012, 09:58:00 am

I think this has probably happened.

I agree, Jim. If you knew the history, you would know that we have done this. I'm not going to rescue him. I am not going to bail him out, even if they do post bond. Maybe the biggest inconvenience I am going through is packing his stuff in boxes and disbursing his money to the appropriate places. I go and see him every once in a while, too. If you would like the whole history, I will send you a PM, but I think you know it is tough, and we really have not put up with what he has done.

no, i do not need to know. my unsolicited advice came from my experience.

NeilT · « **Reply #17 on:** July 06, 2012, 10:55:45 am »

Quote from: EasTexAstro on July 06, 2012, 09:06:29 am

That is what I think, except: Can a lawyer deny he is representing someone, or even given advice to someone? Is a court date confidential?

I'm not really allowed to tell you who I represent unless a client tells me I can. I might not go as far as denying that I represent a client, but in a weird way that would be ethically less troubling than telling you I did represent someone without their consent. Court dates are not confidential and should be posted in the county court system, but the lawyer has no obligation to tell you the date.

Sorry you're going through this. If our children weren't idiots they would rule the world.

EasTexAstro · « **Reply #18 on:** July 06, 2012, 12:40:43 pm »

Quote from: JimR on July 06, 2012, 10:34:08 am

no, i do not need to know. my unsolicited advice came from my experience.

Thank you, Jim. I do appreciate it. I don't know your story, but I know you have hinted at it before. I knew you would understand.

EasTexAstro · « **Reply #19 on:** July 06, 2012, 12:42:37 pm »

Quote from: NeilT on July 06, 2012, 10:55:45 am

I'm not really allowed to tell you who I represent unless a client tells me I can. I might not go as far as denying that I represent a client, but in a weird way that would be ethically less troubling than telling you I did represent someone without their consent. Court dates are not confidential and should be posted in the county court system, but the lawyer has no obligation to tell you the date.

Sorry you're going through this. If our children weren't idiots they would rule the world.

Thank you, Neil. That may answer my wife's question.

Mr. Happy · « **Reply #20 on:** July 06, 2012, 03:00:48 pm »

Having been arrested before and spending a week in jail before my $45,000 bail could be arranged, I can empathize with you and your son. My thoughts and prayers are with you. However, Coach is right, and you sound like you get it. It's a shame that parents have to pick up the pieces. I'd glad that my parents were there during my times of trouble, and I hope that your son is thankful or what you all have done for him.

EasTexAstro · « **Reply #21 on:** July 06, 2012, 03:20:18 pm »

Quote from: Mr. Happy on July 06, 2012, 03:00:48 pm

Having been arrested before and spending a week in jail before my $45,000 bail could be arranged, I can empathize with you and your son. My thoughts and prayers are with you. However, Coach is right, and you sound like you get it. It's a shame that parents have to pick up the pieces. I'd glad that my parents were there during my times of trouble, and I hope that your son is thankful or what you all have done for him.

Thank you, Mr. Happy.