How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TexCrimLawyer, J.D. Your Own Question

TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3750
Experience:  Experienced in state and federal criminal litigation.
45002201
Type Your Criminal Law Question Here...
TexCrimLawyer, J.D. is online now
A new question is answered every 9 seconds

My son has been in prison for Aggravated Burglary and Thief.

Resolved Question:

My son has been in prison for Aggravated Burglary and Thief. He went to Court on August 20th of 2012. What do I have to do to get him out of prision?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 1 year ago.

TexCrimLawyer, J.D. :

Good evening. I'll be assisting you with your question.

TexCrimLawyer, J.D. :

First off, does he have a lawyer.

Customer:

NO

TexCrimLawyer, J.D. :

The first thing you need to do is hire an attorney.

Customer:

Are you still there??

Customer:

I cannot afford one

TexCrimLawyer, J.D. :

Second, to get him out of jail, there is not one specific thing you can or should do. It all depends on the facts of his case, his criminal history, and what the DA is offering.

TexCrimLawyer, J.D. :

Then he needs to ask the court to appoint one for him. He has a right to a lawyer, even if he can't afford one.

TexCrimLawyer, J.D. :

He needs to contact the court and request a court appointed lawyer.

Customer:

He had a court appointed attorney and he was given probation - this was on August 20, 2012 and has not been relesed yet.

TexCrimLawyer, J.D. :

So, he's already pled and been sentenced? Does he have any other charges pending?

Customer:

No

TexCrimLawyer, J.D. :

There is no reason he has not been released, unless he was just lost in the system. The best thing he can do at this point is one of two things:

Customer:

What two things?

TexCrimLawyer, J.D. :

First, he can contact his probation officer. They should be able to contact the jail and the judge to get him released. Second, he can file what's known as a writ of habeus corpus in the district court that sentenced him. That is basically a motion that asks that he is brought to court, and then the court order that he's released.

TexCrimLawyer, J.D. :

I'd try to go through the probation officer first. If that doesn't work, file the writ. If you want to go the writ route, I'd suggest you contact the public defender that originally represented him.

TexCrimLawyer, J.D. :

If you can't get that person to call you back, and you have to do it yourself, all you need to do is file a motion, explain that he's been sentenced (include the sentencing date), that he was sentenced to probation, and that he has not been released. At the end, ask the judge to order his release so he can begin serving his probation.

Customer:

I am the person who will be doing the contacting because the jail will help him with nothing he said. How do I file a motion? or does he

TexCrimLawyer, J.D. :

You can physically file if for him, but his name needs to be on it. If you want something to look at to help you get the form, go to the district clerk and ask to see his case file. They will let you copy anything out of it. After you write it for him, go back to the district clerk and tell them you want to file your motion. They will take it from there. Also, when you file your motion, you need to get a copy to the DA's office, too. You can fax it, mail it, or bring it to them.

TexCrimLawyer, J.D. :

Do you have any other questions?

Customer:

Yes, I am just writing down what I need to do. I am here in Montana and you are saying that I have to physically file for him?

TexCrimLawyer, J.D. :

They may have e-filing. You can just call the district clerk and ask them. You will be able to access this chat after it is over, so you don't need to write it down. You just go to your account.

Customer:

Thank you for your help - I did not want to forget anything along the way. This is not my expertise and thank your again for your help!!!

TexCrimLawyer, J.D. :

Glad to help. If I can't do anything else for you, please remember to "rate" my answer. Good luck!

TexCrimLawyer, J.D. :

Also, if you have any questions in the future, you can direct them to my by putting "this question is for TexLawyer" in the title.

TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3750
Experience: Experienced in state and federal criminal litigation.
TexCrimLawyer, J.D. and 9 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.