Ask Me Help Desk - Feloney charges

Feloney charges

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:

Quote:

Originally Posted by lilmex

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?

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

Quote:

Originally Posted by lilmex

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?

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

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.

The only appearance she has had is her arraingment and she was appointed a public defender he was not there at that time

Quote:

Originally Posted by lilmex

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.

Quote:

Originally Posted by lilmex

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?

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:(

Quote:

Originally Posted by lilmex

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.

No public intoxication charges were filed her family doesn't gave the money to do either

And the family member hasn't talked to the da only her public defender

Quote:

Originally Posted by lilmex

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.

Quote:

Originally Posted by lilmex

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.

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

Oh and she has asked for a speedy trial and still nothing

Quote:

Originally Posted by lilmex

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 - ?

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

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.