View Full Version : Feloney charges
lilmex
Jan 10, 2009, 10:46 AM
My roommate is in bell county jail in Texas her father died the day before she arrived there. She lives in Kansas she was upset so her family went to a bar where her dad hung out one night and she got really drunk to the point of getting arrested for assault on a family member which they did not press charges then she was also charged with assault on a public servant she has been arrainged and bail set for 105 thousand dollars which I can't post she has been assigned a public defender but it has been two weeks and still hasn't seen him how long does it take and why is it taking so long to talk plea bargain or lower the charges to a lesser charge please help me with this because I don't understand the stages of the courts also there hasn't been a court date set either:confused:
JudyKayTee
Jan 10, 2009, 11:46 AM
my roommate is in bell county jail in texas her father died the day before she arrived there. she lives in kansas she was upset so her family went to a bar where her dad hung out one night and she got really drunk to the point of getting arrested for assault on a family member which they did not press charges then she was also charged with assault on a public servant she has been arrainged and bail set for 105 thousand dollars which i can't post she has been assigned a public defender but it has been two weeks and still hasnt seen him how long does it take and why is it taking so long to talk plea bargain or lower the charges to a lesser charge please help me with this coz i dont understand the stages of the courts also ther hasn't been a court date set either:confused:
There is no guarantee there will ever be talk of a plea bargain. Definitely, now that she's been charged, the charges won't be rewritten.
Assault on a public servant (the Police?) is taken very seriously. That's why her bail is so high.
What are the charges? Misdemeanors, felonies?
lilmex
Jan 10, 2009, 03:30 PM
She was told she is being charged assault on a family member which they didn't press charges and assault on a police officer by spitting on him after he pushed her in the cell her sister has talked to the public defender and he wasn't aware of her father passing away and that she probably looking at probation we live in Kansas ans she is in Texas but as I said she still hasn't talk to him personally she has only had a arraingment where there she was appointed a public defender
JudyKayTee
Jan 10, 2009, 03:34 PM
she was told she is being charged assault on a family member which they didnt press charges and assault on a police officer by spitting on him after he pushed her in the cell her sister has talked to the public defender and he wasnt aware of her father passing away and that she probably looking at probation we live in kansas ans she is in texas but as i said she still hasn't talk to him personally she has only had a arraingment where there she was appointed a public defender
If the PD has talked to the sister, the PD is doing his/her job. Lots goes on behind the scenes.
If the PD said she is "probably" looking at probation, then I would believe him/her. I certainly don't know more about the case than that person does. In view of the "spitting" charge the PD may be very cautious about visiting your friend and may be requesting a third party or social worker to be present. The PD will probably also have to talk the Police Officer down from the ceiling.
Isn't she also charged with public intoxication?
I can tell you that in my area - I'm in NY - if you spit on a Police Officer you have a good chance of having your spit glands ripped out by that same Police Officer, no matter HOW stressed out you are. Obviously Texas is a LOT more forgiving.
If her family is in Texas - she attempted to assault a member of her family - aren't they willing to post a bond or bail?
lilmex
Jan 10, 2009, 03:45 PM
Her family does not live in Texas they were there for the funeral only to find out that the funeral wasn't till they had to be back in Kansas that's another reason she was upset and no she was charged with public intoxication and her family couldn't bail her out because her bond is 105 thousand dollars
Fr_Chuck
Jan 10, 2009, 04:41 PM
Public defender will talk to them normally the day before, or the day of their frist hearing,
I would assume they had a first appearance, where they plead guilty or not guilty and had a bond hearing ( maybeat same time) and a bail set.
It may be a month or so before another hearing. I have seen it be about 6 week.
The good news, this time will court toward time served.
The person does not have to Press charges, if they were assulted and there was a police report, the DA can charge them anyway.
lilmex
Jan 10, 2009, 05:28 PM
The only appearance she has had is her arraingment and she was appointed a public defender he was not there at that time
JudyKayTee
Jan 10, 2009, 05:35 PM
the only appearance she has had is her arraingment and she was appointed a public defender he was not there at that time
And as FrChuck said, it could be 4 weeks before the next hearing. The PD does not have to be at the hearing when he/she is appointed - it's a matter of getting the PD appointed. At that point the PD doesn't even know what the legal problems are.
JudyKayTee
Jan 10, 2009, 05:38 PM
her family does not live in texas they were there for the funeral only to find out that the funeral wasn't till they had to be back in kansas thats another reason she was upset and no she was charged with public intoxication and her family couldnt bail her out coz her bond is 105 thousand dollars
The family could retain a bail bondsman and pay only a percentage, "usually" 10%. The don't have to be in the same State.
They could also post property against the bond.
So she was charged with assaulting an Officer, assaulting a family member (the State files charges, not the people) and public intoxication?
lilmex
Jan 10, 2009, 05:41 PM
Is that 4 weeks from the arraingnment because she has already been there 2 weeks and is there anyway to speed this up I'm just afraid she is going to loose her job if that happens how will she pay her fines? She is temporaily laid off till march 3rd she is a good person I no this and she was really upset not being able to see her dad before he died:(
JudyKayTee
Jan 10, 2009, 05:44 PM
is that 4 weeks from the arraingnment because she has already been there 2 weeks and is there anyway to speed this up im just affraid she is going to loose her job if that happens how will she pay her fines? she is temporaily laid off till march 3rd she is a good person i no this and she was really upset not being able to see her dad before he died:(
The family member who is in touch with the DA should ask the DA these questions - and apply for a quick trial (or hearing) due to hardship.
Again, I think the "spitting" charge might be the deal breaker.
lilmex
Jan 10, 2009, 05:44 PM
No public intoxication charges were filed her family doesn't gave the money to do either
lilmex
Jan 10, 2009, 05:46 PM
And the family member hasn't talked to the da only her public defender
JudyKayTee
Jan 10, 2009, 05:51 PM
no public intoxication charges were filed her family doesnt gave the money to do either
Here is what you posted: "no she was charged with public intoxication."
That's why I said she was charged with public intoxication. I was quoting you.
JudyKayTee
Jan 10, 2009, 05:52 PM
and the family member hasnt talked to the da only her public defender
Then the family member should talk to the PD - you are correct, I mis spoke. The DA will not speak to anyone BUT the PD at this time.
Otherwise - there are no easy answers here.
lilmex
Jan 10, 2009, 06:18 PM
Yes I know its just frustrating with all the waiting and the family has talked to the PD and he says he is waiting on the DA for what I don't know
lilmex
Jan 10, 2009, 06:19 PM
Oh and she has asked for a speedy trial and still nothing
JudyKayTee
Jan 10, 2009, 06:24 PM
oh and she has asked for a speedy trial and still nothing
It's only been 2 weeks. A trial could be scheduled in months. A speedy trial could be in 6 weeks. No way of knowing what the Court calendar looks like.
Instead of just posting bits and pieces - this is the first time I've heard of the speed trial motion - could you just post the whole story in one piece and then let "us" look at it and see what we think - ?
lilmex
Jan 10, 2009, 06:41 PM
I meant a quick trial as you stated above she filled out the paper work for this and she still hasn't heard anything. She is all alone there and scared and no one talk to thanks for talking to me
Fr_Chuck
Jan 10, 2009, 07:35 PM
As I noted before, a quick trial in GA is still considered in months, not weeks. So expecting to actually go to trial in a matter of weks is really not even a question, The motion for a quick trial could take a few weeks to be done.
Normally a court date schedule for a trial will be 3 or 4 months on a quick schedule.
lilmex
Jan 13, 2009, 05:28 PM
My friend is in jail in Texas her PD says she will probably get probation and fines and some community services. How does that work when she lives in another state? Will she do all that in the state that she lives and where she is employed?:confused:
stevetcg
Jan 13, 2009, 05:33 PM
It will be transferred to her home jurisdiction. After her court appearance she will be sent to the probation department who will contact the probation department of her county/district where she lives. She will then be contacted/ordered to contact a PO in her home region.
The fines will be due to the original court. Her probation fees may also. This will vary by state.
lilmex
Jan 13, 2009, 05:44 PM
OK thank you one more question when she is released do they give her transportation do a bus station? So she can head home?
stevetcg
Jan 13, 2009, 05:52 PM
That is going to depend on the court. I wouldn't count on it.
Fr_Chuck
Jan 13, 2009, 07:24 PM
Well that is the best chance, the court will have to give them permission to move out of state on probation and their state will have to accept them, it is not automatic. They can not just return home without the PO and/or courts permission.
And most jails just let you out their front door. Some depts may drive them to a bus depo but it can not be expected.
twinkiedooter
Jan 14, 2009, 05:07 AM
She should not leave that state unless she has prior written permission to leave or that would be an instant violation on her part.
lilmex
Jan 14, 2009, 05:47 AM
She was arrested in Texas and her PD says she's most likely to get probation and fines plus community services she lives in Kansas . That's why I was asking if she will have transportation to bus station since she knows nobody there in texas:confused: Not sure how probation works when you are not from the state where arrested
lilmex
Jan 24, 2009, 04:11 PM
My friend is do to go to court next week. This is her first appearance. She's going for assault on a family member and assault on a public servant. On the dockets it says assault on a family member. Her attorney went to talk to the prosecuter last week but she hasn't heard from him. My question is, is she going for both charges? Or is the assault on a public servant a separate court appearance? She is in Texas jail been there for over 30 days. This is her first offense never been in trouble. She lives in another state, but got arrested in Texas. If anyone knows the answer please let me know.
Fr_Chuck
Jan 24, 2009, 06:55 PM
Most likely two separate cases, but she needs to talk with her attorney.
JudyKayTee
Jan 25, 2009, 07:03 AM
Please don't open new threads on this same arrest. This has been addressed by several people.
Only the Court and the PD (who has seen the papers filed with the Court) know what the charges are. Didn't anyone tell you friend what she is being charged with? I would have no idea why she would make two appearances on two charges which occurred as part of the same incident.
https://www.askmehelpdesk.com/criminal-law/probation-303191.html
lilmex
Jan 25, 2009, 09:06 AM
My friend is being charged with the two charges stated above. Which yes they did happen at the same time. But on the court dockets it only shows assault on a family member not assault on a public servant. That's why I am asking to find out if there is a separate court appearances. One is a felony and the other is a misdemeaner. She has yet to talk to her public defender till this very day. But he has talked to her sister and said he was going to talk to the prosecuter last week. He also said that he is going to get the charges reduced down if possible. I'm so confused. I have received two different answers one say two court appearance and the other says only one court appearance. I just want to find out what to expect. Oh also one charge is a F3 felony and the other is a Misdemeaner A. thank you for your time
lilmex
Jan 29, 2009, 03:57 PM
Here's an update my roommate is still in jail in Texas. She is being charged with assault on a family member and assault on a public servant. Ones a felony 3 and the other is a misdemenaner A. She has been there for over 30 days now. She was on the dockets for the assault on the family member this past week her lawyer said he was going to ask for a lesser charge on the felony and maybe drop the assault on the family member, since her sister didn't press charges. My roommate hasn't heard from her lawyer, but on the day he went to court she received her indictment papers for what I believe to be on the felony charges. Can anyone tell me what happens now? I thought the two charges would be handled at the same time. Not two different court dates. Also how long after the indictment will the next court date be? Please no smart*** answers I really need to know with serious responses:(
Curlyben
Jan 29, 2009, 03:59 PM
>THREE Threads Merged<
Please stick to one thread for this issue to ensure continuity.