do you have to have a lawyer that is in the same county where youre arrested

How long can jail hold you after bond is posted in Texas?

It depends on the jurisdiction. A person can technically and legally be held for up to 72 hours for investigative purposes, but charges in Harris County are usually filed within 8-12 hours from time of arrest. It could be longer in complex cases.

How long can a felony charge be pending in Texas?

three yearsThe current waiting periods are 180 days for a Class C misdemeanor, one year for Class A and B misdemeanors, and three years for felony charges. Once their particular waiting period has passed, an individual can petition for expunction.

Can you be handcuffed without being read your rights?

Many people believe that if they are arrested and not "read their rights," they can escape punishment. Not true. But if the police fail to read a suspect his or her Miranda rights, the prosecutor can't use for most purposes anything the suspect says as evidence against the suspect at trial.

What happens if you commit a crime in one country and flee to another?

In an extradition process, one sovereign jurisdiction typically makes a formal request to another sovereign jurisdiction ("the requested state"). If the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject him or her to its extradition process.

What felonies in Texas is there no statute of limitations?

In Texas, there is no statute of limitations for the following serious criminal allegations: murder, manslaughter, sexual assault of a child, aggravated sexual assault of a child, sexual assaults where DNA was collected, serial sexual assaults, continuous sexual assault, indecency with a child, leaving the scene of an ...

How long does it take for a felony case to go to trial in Texas?

Trial. According to the Texas felony process, trial will commence within 180 days of the arrest. You and your attorney will have the opportunity before trial to negotiate a plea deal with the prosecution. The plea bargain can allow you to plead guilty to lesser charges, thus minimizing your punishment.

What things do cops not want you to know?

1:149:24Tricks Cops Don't Want You To Know! - YouTubeYouTubeStart of suggested clipEnd of suggested clipEight cops can legally lie to you. Imagine that an officer has told you that they have yourMoreEight cops can legally lie to you. Imagine that an officer has told you that they have your fingerprints. Or your DNA.

What are the 5 Miranda rights?

Know Your Rights: What Are Miranda Rights?Who Is Ernesto Miranda? ... You Have the Right to Remain Silent. ... Anything You Say can Be Used Against You in a Court of Law. ... You Have the Right to Have an Attorney Present. ... If You Cannot Afford an Attorney, One Will Be Appointed to You. ... Arrest Without the Reading of Miranda Rights.More items...

Can charges be dropped if Miranda rights aren't read?

Question: Can a case be dismissed if a person is not read his/her Miranda rights? Answer: Yes, but only if the police have insufficient evidence without the admissions made.

Where can you not be extradited from?

Countries with No U.S. Extradition TreatyAfghanistanEthiopiaNepalDem. Republic of the CongoMongoliaUnited Arab EmiratesCote d' IvoireMontenegroUzbekistanCubaMoroccoVanuatuDjiboutiMozambiquethe Vatican21 more rows

How much time can you get for being a fugitive from justice?

The federal charge of concealing a fugitive under §1071 is punishable by imprisonment not more than one year and/or a fine except that if the warrant or process issued on a charge of felony, or after conviction of such person of any offense, the punishment shall be up to five years in prison and/or a fine.

Where is there no extradition?

Seven (7) Non-Extradition Countries to ConsiderMorroco.Indonesia.Hong Kong.Taiwan.UAE.Andorra.Qatar.

Lewis Cooper Giles

I believe it is better to hire a local attorney for no other reason than you will have to pay the attorney to travel to the other location. It is also helpful to have local counsel because they are familiar with the local rules and preferences of the judges and court staff.

David Kenneth Sergi

Bandera is a small Community and has few lawyers that Practice Criminal Law. Most of the lawyers that I knoiw that practice there regualrly are from the sourounding area. I would recommed Phil Meyer in San Antonio as he used to live there and knows all of the locals well.

Amanda Michelle Webb

Many lawyers travel often to other counties. This is very common. However, it can be helpful for a lawyer from out of town to get local counsel to assist. There isn't a real difference in your representation if you have a competent lawyer to do this for you. But I would ask your lawyer if they have practiced in the county you were arrested...

How do lawyers get appointed?

How a Lawyer Gets Appointed. When defendants are arrested, they must be brought before a judge within a specified period of time. This appearance is known as an arraignment or initial appearance. At that time, a judge will ask defendants if they can afford an attorney.

What happens if a court appoints a public defender?

If the court appoints the public defender’s office, that office will assign one of its attorneys to the case. If the court appointed a private attorney from its panel, it may assign a lawyer from a list of attorneys on duty that day for court appointments.

Does listing someone bail you out?

Listing people who might bail you out does not jeopardize your right to have appointed counsel. Except for your spouse, the court will not consider the assets of others in determining whether you qualify for free legal services.

Can an appointed counsel ask for more than just their fees?

Appointed counsel have the ability to ask the court to pay for more than just their fees. If they believe that your defense requires an expert witness, like a fingerprint examiner or an accountant, they can apply to the court for funds to cover such expenses.

Do private attorneys work for free?

They must apply to the local court for membership on the panel and be approved by the judges. These attorneys typically have their own private practice with many clients who pay them for their services; as appointed counsel, they work for you for free.

What to do if you are unhappy with appointed counsel?

If you're unhappy with appointed counsel but don’t have the means to hire a private attorney, you can request a different attorney. But, in general, this option should be a last resort when you cannot resolve your disagreements. Learn more in Before You Fire Your Court-Appointed Lawyer or Public Defender.

Can you interview witnesses?

Don't interview witnesses. If you talk to anyone else about the facts of your case, that person could become a witness against you—making your lawyer’s job even tougher. In addition, you do not want an awkward conversation to be seen as witness tampering by the prosecution. It’s normally much better to let the public defender contact potential witnesses.

Do you count time served on a warrant?

They may wait until you are about to be released from your current custody.. that way, they do not have to count the time served against the warrant.

Can you send a writ to another county?

You can send the other county a writ or a habeas peititon from the jail.

What happens if you are arrested?

If you are arrested, you will be handcuffed, and except in unusual circumstances, you will first be taken to the Precinct#N#Precinct#N#A district of a city or town defined for police purposes. May also refer to a police station.#N#in which the arrest occurred for initial processing. At the precinct, a police officer will interview you and ask for “pedigree” information, including your name, address, date of birth, Social Security#N#Social Security#N#A federal program that provides income, health insurance, and other benefits.#N#number, etc. Once you have been fingerprinted you will be taken to Central Booking#N#Central Booking#N#A facility that offers temporary stay to offenders prior to their arraignment#N#and processed for arraignment, which is an appearance before a judge.

What happens if you are charged with a misdemeanor in New York?

If you are charged with a crime (a misdemeanor or felony, as defined by the Penal Law, Vehicle and Traffic Law or New York City Administrative Code), you will be fingerprinted and photographed.

What do police officers take in custody?

At the precinct, a police officer will search you and take personal property, such as house keys, backpacks, purses, medication, large sums of money, or valuable jewelry, as well as any unlawful items you happen to have in your possession ( Contraband#N#Contraband#N#Any property that it is illegal to produce or possess.#N#). Items other than contraband are held for safekeeping while you are in custody. You will be given a “Voucher” form listing your property, so that you can retrieve it later. However, if an officer is processing a large number of arrests at one time, your Voucher form is not ready before you are taken to a cell or another location. If this happens, ask the officer for the “Voucher number” that will be used for your property, and also write down the officer’s name and shield number. Having this information will make it easier for you to retrieve your property once you are released.

Can you be arrested at home?

If you know in advance that you might be arrested (for example, you are planning to engage in civil disobedience during a demonstration, or voluntarily appear at a precinct at the request of the police), or are arrested at your home, you can prepare for arrest. Leave most personal property at home, but do take two forms of identification with you.

Is it hard to predict when someone is arrested?

Arrests occur in many different situations, so it is difficult to predict the exact circumstances that someone who is arrested will encounter. Our guide provides general information about arrest processing in New York City, and what to expect in most cases if you are arrested.

Can you go to jail if you have a warrant?

If there is a warrant, you may have to spend additional time in jail before arraignment while the court locates the paperwork. If the warrant is from a county other than the one in which you are arrested, you may have to remain in jail after the arraignment and be transferred to that county. It is possible, but highly unlikely, ...

What to do if you are arrested?

There are many things you can and should do once you have been arrested. These will help ensure that your legal rights are not violated. Some of the things you should do if arrested include: 1 Remain silent. You do not have to answer any questions the police ask you in connection with the arrest. Anything you say can potentially be used against you in court. 2 Be polite and behave respectfully towards the police officer (s). 3 Remain calm. 4 Contact your attorney or ask for one if you don’t have one yet. Don’t say anything until the attorney is present. 5 Try to remember the badge numbers of any officers you interact with, as well as their patrol car number (s). 6 Make sure that your attorney is present for any questioning or discussions. 7 Be sure that your attorney is present for any lineups or testing procedures (such as drawing a blood sample. 8 Let your attorney deal with the police and prosecutors, especially if they offer you some kind of deal or plea bargain. 9 If you have been injured, take photographs of the injuries as soon as possible and seek medical attention. 10 Try to find and identify witnesses and get their contact information (name, phone number).

When arresting a suspect, must police follow very specific procedures and steps when handling the person?

For instance, they are generally not to use an excessive amount of force. If you feel that your rights have been violated in the process of an arrest, you may need to speak with an attorney.

Who is Jose from LegalMatch?

Jose (Jay) is a Senior Staff writer and team Editor for LegalMatch. He has been with LegalMatch since March of 2010. He contributes to the law library section of the company website by writing on a wide range of legal topics.

Do you need a warrant to be arrested outside your home?

It may be that they actually need an arrest warrant to arrest you in your home; if you go outside, you may be arrested without a warrant. If the police arrest you outside of your home or place of residence, do not allow any officer to go into your home to get clothes, talk to your wife, etc.

What to say to police when they come to your house?

Often times they will say things like, “It will be easier on you if you just tell the truth.”. However, this may only make it easier for the police to prove their case. If the police come to your home or residence, do not let them in unless they have a warrant and do not go outside.

Can you resist arrest?

Do not resist arrest. Even if you are innocent, resisting arrest can lead to increased charges or additional legal/criminal issues. In particular, do not touch the officers in any way, or even attempt to touch them. Do not believe the things the police might tell you in order to get you to talk.

Can you run from the police?

Do not attempt to run from the police. You will likely be caught and it will not help your case in court. You might also face additional charges such as evading police or resisting arrest.

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

What is a breach of contract?

Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

What is breach of duty in a lawyer?

Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

What happens if a defendant accepts bail?

After booking, the defendant may be offered to option to pay bail based on a schedule of common crimes—for example, $500 for a nonviolent misdemeanor. If the defendant accepts this option and pays bail, the defendant is released.

Where is the defendant taken to?

The defendant is taken to the police station and booked.

What happens if a bail bond company fails to appear?

Again, if the defendant fails to appear when required, the bail bonds company can go after you for the collateral to repay its payment to the court.

What happens if you post bail?

There are additional financial costs and risks if you use a bail bond service (see below). If you post bail for someone, you might also have to answer questions in court as to the source of the money used to pay bail.

Can you forfeit bail if you don't show up for court hearing?

Yes, if the defendant fails to show up for the scheduled trial date or hearing, bail is forfeited and whatever was paid (or "posted") will be subject to forfeiture—that is, it will become the property of the court. There are additional financial costs and risks if you use a bail bond service (see below).

Can a person be released without bail?

No, sometimes, after considering factors such as the seriousness of the crime, the lack of a criminal record, and the defendant's family relationship and community standing, a judge will permit the defendant to be released without bail (referred to as a "release O.R." or a release on own recognizance ).

Can a defendant pay bail at an arraignment?

At the arraignment, the defendant may enter a plea and the judge will set bail (or allow release without bail, known as "OR"). The defendant may pay bail at that time or any time thereafter.