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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4779
Experience:  Experienced in state and federal criminal litigation.
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My son has been in prison for Aggravated Burglary and Thief.

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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?

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.

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