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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32342
Experience:  Began practicing law in 1992
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My brother has been in prison in Texas since February 2014,

Customer Question

My brother has been in prison in Texas since February 2014, for failure to register, his duty to register was up in 2009, he moved to Texas in fall of 2013. The judge that sent him to prison, and the DA that prosecuted him both agreed in May that there was a mistake in this case and that my brother should have never been arrested in this case. The Texas court of criminal appeals now has the case, and has for 3 months now, enough is enough, the family wants to start a civil law suit , how do we start? We want a civil attorney that will take and start the case on a pay if you win. My brother has lost way to much already,including time with our dad who died last Oct, and my brother was not allowed to even go to his funeral. Someone please help.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

You're going to have to use a civil rights lawyer but the problem is that the court system is exempt from a lawsuit for actions taken in their official capacity, as is the DA. The police aren't necessarily immune so almost certainly the lawyer will end up trying to make the case against them.

However, it is unlikely the civil lawyer is going to start on the case until the criminal case is resolved. Possible, but unlikely.

The only real thing you can do to start is to locate a lawyer practicing civil rights law. You can find one at www.lawyers.com and in the Area of Practice box enter "civil rights law".

You will also need to get a power of attorney (POA) from your brother to be able to hire the lawyer and sign the contract on his behalf but there's no need to do that until you locate a lawyer who is interested in the case and they can probably provide the POA for you to get him to sign.

Customer: replied 1 year ago.
My brother has already given me POA, this was done months ago, is there a way to speed this process along, we know he is going to be set free at some point, but he has been locked up since February 2914, there has to be some way to speed this up,
Expert:  Dwayne B. replied 1 year ago.

It has to be done through the criminal process. If the case is in the Texas court of Criminal appeals then you have to wait until they rule. No other court has jurisdiction to overrule them or force them to rule on a matter or at least not for a long time. At some point, there is no specific time, a case could be filed in the federal court system saying that the TCCA's failure to rule is, in effect, a denial of the right to be released (probably through a writ of habeas corpus) but my suspicion as to time is that it would take a year or more without a ruling and anything before that would be dismissed.

In addition, that's not going to be a civil remedy, that has to be done through the criminal system and you'll have to hire a private lawyer to do that. No one will take that part of the case on a % basis.

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