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I need information for a misdemeanor charge in county court…

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I need information for...

I need information for a misdemeanor charge in Harris county court 10

Lawyer's Assistant: What were you charged with exactly? Do you have any upcoming court dates?

No court date set. Charge is DWI but was not given the charge in person rather found out about it when looked on the county clerks chart looking for an explanation to mail coming from lawyers. This is a charge against my wife who when she found out about it was in Florida visiting family for Xmas. I am her husband.

Lawyer's Assistant: Have you talked to a FL lawyer about this yet?

Yes. All they say is Texas will come and get her for the Texas charge all the while she has a Florida charge to deal with and sits in jail waiting for Texas to do something.

Submitted: 3 months ago.Category: Criminal Law
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Answered in 5 minutes by:
3/19/2018
Criminal Lawyer: Nisha Jones,
 replied 3 months ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,349
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Criminal Lawyer: Nisha Jones,
 replied 3 months ago

I'm sorry to hear about your wife's situation.

Is she currently in custody in Florida awaiting transportation for the Texas charge?

What is her Florida charge, and has that case been closed?

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Customer reply replied 3 months ago
Florida charge is felony theft and should be reduced to a miademeNor. There may be a failure to appear along with the theft case. They had it settled at one point with a public defender but it was never finalized because she was caring for me in Texas as I went through cancer treatments. She is in Florida and they say Texas is going to come and get her but that is highly unlikely because the Texas charge is a misdemeanor and Texas usually doesn’t,t travel to pick up a misdemeanor charge.
The Florida charge has not been resolved due to the fact she has a public defender who seems to be working for the state and not the criminal. My wife is trying to understand what the Florida charge is and what will she get for the crime. I told her to waive her rights in Gerard to extradition with Texas because they will probably tell Florida to cut her loose if Catherine resolve the Florida charge. They are not in a hurry to get anything resolved and we want to get a resolve to the whole two charges.
Criminal Lawyer: Nisha Jones,
 replied 3 months ago

I'm sorry to hear that.

Yes, it's very possible that Texas may not pick her up for transportation on a misdemeanor offense.

How long has the Texas hold been in place?

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Customer reply replied 3 months ago
She has been in custody for a couple of weeks now. My question is how do we address the texas charge since she needs a public defender but needs to see a texas judge for a public defender but as it stands she can't see a texas judge since she sits in Florida and she couldn't get to texas while florida does not resolve her case and stop the no bond idea. Any suggestions?
Criminal Lawyer: Nisha Jones,
 replied 3 months ago

Yes she would need to hire a private defense lawyer to help her with this.

Her lawyer could file a Motion to Quash Bench Warrant and request that the hold be removed.

Unfortunately she won't be able to obtain a public defender from Florida, so her only option is hiring a private defense attorney.

You can also consider contacting the Texas State Bar for a referral to a lawyer in the county where this case is being heard.

There are sometimes pro bono lawyers available who can take her case for free, so you should be sure to ask about that as well.

The phone number is:

***-***-****

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Criminal Lawyer: Nisha Jones,
 replied 3 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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